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(127th General Assembly)
(Amended Substitute Senate Bill Number 129)
AN ACT
To amend sections 305.12, 308.04, 503.01, 715.72,
715.74, 715.75, 715.76, 715.761, 715.77, 715.78,
715.81, 4501.21, 4517.21, 4765.43, 4931.61,
4931.62, 4931.63, 4931.64, 4931.65, 4931.66, and
4931.70; to contingently amend sections 4503.494,
4503.496, 4503.531, and 4503.92; and to enact
sections 4503.712, 4513.66, 4765.431, and 4931.651
of the Revised Code to
permit local law
enforcement agencies and fire
departments to
remove motor vehicles from the
roadway after a
motor vehicle accident and to
provide immunity to
local law enforcement agencies
and fire personnel
for the removal of damaged or
inoperable vehicles
from roadways; to
temporarily authorize counties
to enter into new or amended joint
economic
development district contracts with townships and
municipal corporations; to
permit a board of
trustees of a regional airport authority to
enter
into a contract in which a board member has a
direct or
indirect interest if certain conditions
are met; to
create "Ohio C.O.P.S." license
plates; to
provide that an
insurer or subrogee
may
sell through a licensed
motor vehicle
auction owner a motor
vehicle that comes into
its
possession
through the
operation of an
insurance
contract; to
modify
the
staffing
requirements for ambulances during
emergency runs
and while transporting patients; to
remove
motorcycles from the kinds of motor vehicles that
can be
issued certain special license plates; to
extend until 2012 the wireless 9-1-1 charge, raise
the minimum
annual fund disbursement amount for
each county from $25,000 to
$90,000, and alter
local uses of that revenue; and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 305.12, 308.04, 503.01, 715.72,
715.74, 715.75, 715.76, 715.761, 715.77, 715.78, 715.81, 4501.21,
4517.21, 4765.43, 4931.61, 4931.62, 4931.63, 4931.64, 4931.65,
4931.66, and 4931.70 be amended and sections 4503.712, 4513.66,
4765.431, and 4931.651 of the Revised Code be
enacted to read as
follows:
Sec. 305.12. The board of county commissioners may sue and
be sued, and plead
and be impleaded, in any court. It may bring,
maintain, and defend suits
involving an injury to any public,
state, or county road, bridge, ditch,
drain, or watercourse in the
county with respect to which the county has the
primary
responsibility to keep in proper repair, and for the prevention of
injury to them. The board shall demand and receive, by suit or
otherwise, any
real estate or interest in real estate, legal or
equitable, belonging to the
county, or any money or other property
due the county. The money so recovered
shall be paid into the
county treasury, and the board shall take the county
treasurer's
receipt for it and file it with the county auditor. The board of
county commissioners may enter into contracts with municipal
corporations and townships pursuant to division (D) of section
715.72 of the Revised Code.
Sec. 308.04. Within sixty days after a regional airport
authority has been
created under section 308.03 of the Revised
Code, the board of trustees for
such regional airport authority
shall be appointed as provided in the
resolution creating it.
Each member of the board of trustees, before entering upon
the
member's official
duties, shall take and subscribe to an
oath
or affirmation that
the member will
honestly, faithfully,
and
impartially perform the duties of office,
and
that the
member
will not be interested directly or indirectly
in any
contract let
by
the regional airport authority. Any contract let
by the
regional airport authority in which a member of the board
of
trustees is directly or indirectly interested is void and
unenforceable, unless a member with an interest in a contract
first discloses the member's interest in writing to the remaining
members of the board and the member with the interest refrains
from any participation in the matter.
After each member of the board has taken the oath as
prescribed by this
section the board shall meet and organize by
electing one of its members as
president and another as
vice-president, who shall hold their respective
offices until the
next annual meeting of the board as provided in its bylaws.
At
each annual meeting thereafter the board shall elect from its
membership a
president and a vice-president who shall serve for a
term of one year.
The board shall appoint and fix the compensation of a
secretary-treasurer, who
shall not be a member of the board and
who shall serve at the pleasure of the
board.
Sec. 503.01. Each civil township is a body politic and
corporate, for the purpose of enjoying and exercising the rights
and privileges conferred upon it by law. It may sue and be sued,
plead and be impleaded, and receive and hold real estate by
devise
or deed, or receive and hold personal property for the
benefit of
the township for any useful purpose. The board of
township
trustees shall hold such property in trust for the
township for
the purpose specified in the devise, bequest, or
deed of gift.
Such board may also receive any conveyance of real
estate to the
township, when necessary to secure or pay a debt or
claim due such
township, and may sell and convey real estate so
received. The
proceeds of such sale shall be applied to the fund
to which such
debt or claim belonged. The board of township
trustees may acquire
real property within the unincorporated
territory of the township
in order to provide needed public
improvements to the property
pursuant to sections 5709.73 to
5709.75 of the Revised Code. The
board of township trustees may
enter into contracts with municipal
corporations pursuant to
section 715.70, 715.71, or 715.72 of the
Revised Code, and with counties pursuant to division (D) of
section 715.72 of the Revised Code, to create a joint
economic
development district.
Whenever the board finds it necessary to determine the
value
of any real property the township owns or proposes to
acquire by
purchase, lease, or otherwise, the board may employ
for reasonable
compensation competent appraisers to advise it of
the value of the
property or expert witnesses to testify to the
value in an
appropriation proceeding.
Sec. 715.72. (A) As used in sections 715.72 to 715.81 of the
Revised Code:
(1) "Contracting parties" means one or more municipal
corporations and, one
or more townships, and, under division (D)
of this section, one or more counties that have entered into a
contract under
this section to create a joint economic
development
district.
(2) "District" means a joint economic development district
created under
sections 715.72 to 715.81 of the Revised Code.
(3) "Contract for utility services" means a contract under
which a
municipal corporation agrees to provide to a township or
another municipal
corporation water, sewer, electric, or other
utility services necessary to the
public health, safety, and
welfare.
(B) Sections 715.72 to 715.81 of the Revised Code provide
alternative
procedures and requirements to those set forth in
sections 715.70 and 715.71
of the Revised Code for creating and
operating a joint economic development
district. Sections 715.72
to 715.81
of the Revised Code apply to municipal corporations and
townships that are located in the same county or in adjacent
counties.
(C) One or more municipal corporations and, one or more
townships, and, under division (D) of this section, one or more
counties may enter into a contract pursuant to which they create
as a joint economic development district one or more areas for
the
purpose of facilitating economic development to create or
preserve
jobs and employment opportunities and to improve the
economic
welfare of the people in this state and in the area of
the
contracting parties.
(1) Except as otherwise provided in division (C)(2) of
this
section, the territory of each of the contracting parties
shall be
contiguous to the territory of at least one other contracting
party,
or contiguous to the
territory of a township or, municipal
corporation, or county that is contiguous to another
contracting
party, even if the intervening township or municipal corporation
is not a contracting party.
(2) Contracting parties that have entered
into a contract
under section 715.70 or 715.71 of the Revised Code creating a
joint economic
development district prior to
November 15, 1995,
may enter
into a contract under this section even if the territory
of each of the
contracting parties is not contiguous to the
territory of at least one other
contracting party, or contiguous
to the territory of a township or
municipal corporation that is
contiguous to another contracting party as
otherwise required
under division (C)(1) of this section. The
contract and district
shall meet
the requirements of sections 715.72 to 715.81 of the
Revised Code.
(D) If, on or after the effective date of this amendment but
on or before June 30, 2009, one or more municipal corporations and
one or more townships enter into a contract or amend an existing
contract under this section, one or more counties in which all of
those municipal corporations or townships are located also may
enter into the contract as a contracting party or parties.
Sec. 715.74. (A) The contract creating a joint economic
development district shall
provide for the amount or nature of the
contribution of each
contracting party to the development and
operation of the district and may provide for the sharing of the
costs of the operation of and improvements for the district. The
contributions may be in any form to which the contracting
parties
agree and may include, but
are not limited to, the provision of
services, money, real or
personal property, facilities, or
equipment. The contract may provide for
the contracting parties to
share revenue from taxes levied on property by one
or more of the
contracting parties, if those revenues may lawfully be applied
to
that purpose under the legislation by which those taxes are
levied.
The contract shall
specify and provide for new, expanded,
or additional services, facilities, or
improvements. The contract
may provide for expanded or additional capacity
for or other
enhancement of existing services, facilities, or improvements.
(B) The contract shall enumerate the specific powers, duties,
and functions
of the board of directors of the district described
under section 715.78 of
the Revised Code and shall provide for the
determination of procedures that
are to govern the board.
(C)(1) The contract may grant to the
board the power to adopt
a resolution to levy an income tax
within the district and the
contract may designate certain portions of the
district
where
such an income tax may be levied. The income tax shall be
used for
the
purposes of the district or any portion of the
district in
which the
contract authorizes an income tax and for
the purposes
of the contracting
parties pursuant to the contract.
The income
tax may be levied in the
district based on income
earned by
persons working within the district and
based on the net
profits
of businesses located in the district, but the income of
an
individual who resides in the district shall not be subject to
such income tax unless the income is received for personal
services performed in the district. The income
tax of the district
shall follow the provisions of Chapter 718. of the Revised
Code,
except that no vote shall be required. The rate of
the income tax
shall be no higher than the highest rate being
levied by a
municipal corporation that is a contracting party.
(2) If the board adopts a resolution to levy an income tax,
it shall enter into an agreement with a municipal
corporation that
is a contracting party to administer,
collect, and enforce the
income tax on behalf of the district.
(3) A resolution levying an income tax under this section
shall require the contracting parties to annually set aside a
percentage, to be stated in the resolution, of the amount of the
income tax collected for the long-term maintenance of the
district.
(4) An income tax levied under this section shall apply in
the district or any portion of the district in which the
contract
authorizes an income tax throughout the term of the contract
creating
the district, notwithstanding that all or a portion of
the
district becomes subject to annexation, merger, or
consolidation.
(D) The contract creating a joint economic
development
district shall continue in existence throughout its
term and shall
be binding on the contracting parties and on any
parties
succeeding to the contracting parties, whether by
annexation,
merger, or consolidation. Except as provided in division
(E) of
this section, the contract may be
amended, renewed, or terminated
with the approval of the
contracting parties or any parties
succeeding to the contracting parties.
If the contract is amended
to add area to an existing district, the
amendment shall be
adopted in the manner prescribed under section 715.761
of the
Revised Code.
(E) If two or more contracting parties previously have
entered into a
separate
contract for utility services, then
amendment, renewal, or
termination of the separate contract for
utility services shall
not constitute any part of the
consideration
for the contract creating a joint economic
development district. A
contract creating a joint economic
development district shall be rebuttably
presumed to violate this
division if it is entered into within two years
prior or five
years subsequent to the amendment, renewal, or
termination of a
separate contract for utility services that two
or more
contracting parties previously have entered into. The
presumption
stated in this division may be rebutted by clear and
convincing
evidence of both of the following:
(1) That other substantial consideration
existed to support
the contract creating a joint economic development
district;
(2) That the contracting parties entered into
the contract
creating a joint economic development district freely and without
duress or coercion related to the amendment, renewal, or
termination of the separate contract for utility services.
(F) A contract creating a joint economic development district
that violates
division (E) of this section is void and
unenforceable.
Sec. 715.75. Before the legislative authority of any
of the
contracting parties adopts an
ordinance or resolution approving a
contract to create a joint
economic development district, the
legislative authority
of each of the contracting parties shall
hold a public hearing concerning the
contract and district. Each
legislative authority shall provide at
least thirty days'
public
notice of the time and place of the
public hearing in a
newspaper
of general circulation in the
municipal corporation or,
township,
or county, as applicable. During the thirty-day
period
prior to
the public hearing and until the filing is made under section
715.76
of the Revised Code, all of the following documents
shall
be available for public inspection in the office of the
clerk of
the legislative authority of
a municipal corporation and county
that is
a contracting party and in the office of the fiscal
officer of
a township that is a contracting
party:
(A) A copy of the contract creating the district;
(B) A description of the area or areas to be included in the
district, including a
map in sufficient detail to denote the
specific boundaries of
the area or areas and to indicate any
zoning restrictions
applicable to the area or areas;
(C) An economic development plan for the district that
consists
of both of the following schedules:
(1) A schedule for the provision of the new, expanded, or
additional services, facilities, or improvements described in
division (A) of section 715.74 of the Revised Code;
(2) A schedule for the collection of an income tax levied
under division (C) of section 715.74 of the Revised Code.
A public hearing held under this section shall allow for
public comment and recommendations on the contract and district.
The
contracting parties may include in the contract any of
those
recommendations prior to approval of the contract.
Before any of the contracting parties approves a contract
under section 715.76 of the Revised Code, the contracting parties
shall
deliver a copy of the contract to the board of county
commissioners of each county in which a contracting party is
located. Any such county may
enter into an agreement with the
contracting parties regarding
the provision of services by the
county within the proposed
district and may enter into an
agreement with the contracting
parties to extend services to the
area or areas to be included
in the district. A county that is a
contracting party under division (D) of section 715.72 of the
Revised Code is entitled to a copy of the contract as if the
county were not a contracting party. Such a county may enter into
an agreement with the other contracting parties regarding its
provision or extension of services within the proposed district as
contemplated by the contract.
Sec. 715.76. After the public hearings required under
section 715.75 of the Revised Code have been held, each
contracting party may adopt an ordinance or resolution approving
the contract to create a joint economic development district.
After each contracting party has adopted
an ordinance or
resolution, the contracting parties jointly shall file with the
legislative authority of each county within which a contracting
party is located all of the following documents:
(A) A signed copy of the contract;
(B) A description of the area or areas to be included in the
district, including a
map in sufficient detail to denote the
specific boundaries of
the area or areas and to indicate any
zoning restrictions
applicable to the area or areas;
(C) The economic development plan described in division
(C)
of section 715.75 of the Revised Code;
(D) Certified copies of the ordinances and resolutions of
the
contracting
parties
relating to the contract and district;
(E) A certificate of each contracting party that the public
hearings required
by section
715.75 of the Revised Code have been
held, the date of the hearings, and
evidence of publication of the
notice of
the hearings;
(F) A petition signed by a majority of the owners of
property
located within the area or areas to be included in the
district;
(G) A petition signed by a majority of the owners of
businesses,
if any, located within the area or areas to be
included in the
district.
The petitions described in divisions (F) and (G)
of this
section shall specify that all of the documents
described in
divisions (A)
to (C) of section 715.75 of the Revised Code
are
available for public inspection in the office of the clerk of
the
legislative
authority of each municipal corporation and county
that is a
contracting
party or the office of the
fiscal
officer of
each township that is a
contracting party.
The legislative authority of a county that is a contracting
party under division (D) of section 715.72 of the Revised Code is
entitled to all of the documents described in divisions (A) to (G)
of this section as if the county were not a contracting party.
Not later than ten days after all of the documents described
in divisions
(A) to (G) of this
section have been filed, each
contracting party shall give notice to those
owners of property
within the area or areas to be included in the district who
did
not sign the petition described in division (F) of this section
and whose property is located within the boundaries of that
contracting party
and to those owners of businesses, if any,
within the area or areas to be
included in the district who did
not sign the petition described in division
(G) of this section
and whose property is located within the
boundaries of that
contracting party. Notice shall be given by certified mail
and
shall specify that the owners of property and businesses are
located
within the area or areas to be included in the district
and that all of the
documents described in divisions (A) to (C) of
section
715.75 of the Revised Code are available for public
inspection in the office of the clerk of
the legislative authority
of each municipal corporation and county that is a contracting
party or the
office of the
fiscal officer of each township that
is
a
contracting party. The contracting parties shall equally
bear
the cost of
providing notice under this section.
If the contracting parties do not file all of the
documents
described in divisions (A)
to (G) of this section, the
legislative
authority of a county that is not a contracting party within which
a contracting
party
is located may adopt a resolution disapproving
the
creation of the
joint economic development district. In
addition, the legislative
authority of
the county may adopt a
resolution disapproving
the creation of the district if it
determines, in written findings
of fact, that each contracting
party did not enter into the
contract freely and without
duress or
coercion.
Sec. 715.761. (A) The
contracting parties may amend the
contract to add to a joint
economic development district any area
that was not originally
included in the district when the contract
took effect. Area
may be added only if the area satisfies the
criteria prescribed
under section 715.73 of the
Revised Code.
(B) An amendment adding
area to a district shall be approved
by a resolution or
ordinance adopted by each of the contracting
parties. The
contracting parties shall conduct public hearings on
the
amendment, provide notice, and deliver a copy of the amendment
to the legislative authority of the county in which the added
area
is located in the manner required under section 715.75 of
the
Revised
Code for original contracts. The legislative authority of
a county that is a contracting party under division (D) of section
715.72 of the Revised Code is entitled to a copy of the amendment
as if the county were not a contracting party. The
contracting
parties shall make available for public
inspection a copy of the
amendment, a description of the area to
be added to the district,
and a map of that area in sufficient
detail to denote the specific
boundaries of the area and to
indicate any zoning restrictions
applicable to the area.
(C) After adopting
resolutions or ordinances approving the
addition of the area,
the contracting parties jointly shall file
with the legislative
authority of the county in which the added
area is located the
documents required to be filed under section
715.76 of the
Revised Code, except that:
(1) A copy of the amendment to the contract shall be filed in
lieu of a
copy of the contract.
(2) The description and map shall be of the area to be
added
instead of the entire area of the district.
(3) The economic development plan need not be
filed.
(4) Certified copies of the resolutions and ordinances
approving the amendment shall be filed.
(5) The certificates otherwise required under division
(E) of
section 715.76 of the Revised Code shall
certify that the hearings
required under division
(B) of this section have been
held, shall
indicate the date of those hearings, and shall
include evidence
that notice of the hearings was
published.
(6) The petition otherwise required under division
(F) of
section 715.76 of the Revised Code shall be
signed by a majority
of the owners of property located in the
area to be added to the
district, the petition otherwise
required under division (G) of
that section shall be signed by a majority of the owners of
businesses, if any, located in the area to be added to the
district, and the petitions shall specify that the documents
described in division (B) of
this section are available for public
inspection as otherwise
required under section 715.75 of the
Revised Code.
(D) The resolution of a
board of township trustees approving
an amendment adding area to
an existing joint economic development
district is not required
to be submitted to the electors of the
township.
Sec. 715.77. (A)(1) A board of township trustees that is a
party to a
contract creating a joint economic development district
pursuant to sections
715.72 to 715.82 of the Revised Code may
choose to not submit its resolution
approving the
contract to the
electors of the township if all of the following conditions
are
satisfied:
(a) The resolution has been approved by a unanimous vote of
the
members of the board of township trustees or, if a county is
one of the contracting parties under division (D) of section
715.72 of the Revised Code, the resolution has been approved by a
majority vote of the members of the board of township trustees;
(b) The creation of the joint economic development district
is
proposed at the request of a majority of the owners of land
included within
the proposed district;
(c) The territory to be included in the proposed joint
economic
development district is zoned in a manner appropriate to
the function of the
proposed district.
(2) Unless the
legislative authority of a
county adopts a
resolution under section 715.76 of the
Revised Code
disapproving
the
creation of a joint economic development district within
thirty days after the
filing made
under that section, the
legislative authority of each such county shall adopt
a resolution
acknowledging the receipt of the required documents, approving
the
creation of the joint economic development district, and, if the
board of township trustees has not invoked its authority under
division
(A)(1) of this section,
directing that the resolution of
the board of township trustees
approving the contract creating the
joint economic development district be
submitted to the electors
of the
township for approval at the next succeeding general,
primary, or
special election. If the board of township trustees
chooses to
submit approval of the contract to the electors of the
township, the
legislative authority of the county shall
file with
the board of elections at least seventy-five days
before the day
of the election a copy of the resolution of the
board of township
trustees approving the contract. The
resolution of the legislative
authority of the county also shall
specify the date the election
is to be held and shall direct the
board of elections to conduct
the election in the township.
(3) If the resolution of the legislative authority of the
county is not
adopted within the thirty-day period after the
filing made under
section 715.76 of the Revised Code, the joint
economic development
district shall be deemed approved by the
county legislative
authority and, if the board of township
trustees has not invoked its
authority under division (A)(1) of
this section, the board
of township trustees shall file its
resolution with the board of elections for submission to the
electors of the township for approval at the next succeeding
general, primary, or special election. In such case, the
board of
township trustees shall
file the resolution at
least seventy-five
days before the specified date the election
is to be held and
shall direct the board of elections to conduct
the election in the
township.
(4) Any contract creating a joint economic development
district
in which a board of township trustees is a party shall
provide that the
contract is not effective earlier than the
thirty-first day after its
approval, including any approval by
electors required in this section.
If the board of township trustees chooses pursuant to
division
(A)(1) of this section not to submit the approval of the
contract to
the electors, the resolution of the board of township
trustees approving the
contract is subject to a referendum of the
electors of the township when
requested through a petition. When
signed by ten per cent of the number of
electors in the township
who voted for the office of governor at the most
recent general
election, a referendum petition asking that the resolution be
submitted to the electors of the township may be presented to the
board of
township trustees. Such a petition shall be presented
within thirty days
after the board of township trustees adopts the
resolution. The board of
township trustees shall, not later than
four p.m. of
the tenth day after
receipt of the petition, certify
the text of the resolution to the board of
elections. The board of
elections shall submit the resolution to the electors
of the
township for their approval or rejection at the next general,
primary,
or special election occurring at least seventy-five days
after such
certification.
(B) The ballot shall be in the following form:
"Shall the resolution of the board of township trustees
approving the contract with ............... (here insert name of
each municipal corporation and other township that is a
contracting party)
for the creation of a joint economic
development
district be approved?
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FOR THE RESOLUTION AND CONTRACT |
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AGAINST THE RESOLUTION AND CONTRACT |
" |
If a majority of the electors of the township voting on the issue
vote for the resolution and contract, the resolution shall become
effective immediately and the contract shall go into effect
on the
thirty-first day after this election or
thereafter in accordance
with terms of the contract.
Sec. 715.78. (A) A board of directors shall govern
each
joint economic development district created under section
715.72
of the Revised Code.
(1) If there are businesses located and persons working
within the area or areas to be included in the district, the
board
shall be composed of the following members:
(a) One member representing the municipal corporations that
are
contracting parties;
(b) One member representing the townships that are
contracting
parties;
(c) One member representing the owners of businesses located
within the
district;
(d) One member representing the persons working within the
district;
(e) One member representing the counties that are contracting
parties, or, if no contracting party is a county, one member
selected by
the members described in divisions (A)(1)(a) to
(d) of
this section.
The members of the board shall be appointed as provided in
the contract. Of the members initially appointed to the board, the
member described in division (A)(1)(a) of this
section shall serve
a term of one year; the member
described in division (A)(1)(b) of
this section shall
serve a term of two years; the member
described
in division (A)(1)(c) of this section shall
serve a term of three
years; and the
members described in divisions (A)(1)(d) and
(e) of
this section shall serve terms of
four years. Thereafter, terms
for each member shall be for four
years, each term ending on the
same day of the same month of the
year as did the term that it
succeeds. A member may be reappointed to the
board, but no member
shall serve more than two consecutive terms on the board.
The member described in division (A)(1)(e) of this
section
shall serve as chairperson of a board described
under division
(A)(1) of this section.
(2) If there are no businesses located or persons working
within the area or areas to be included in the district, the
board
shall be composed of the following members:
(a) One member representing the municipal corporations that
are
contracting parties;
(b) One member representing the townships that are
contracting
parties;
(c) One member representing the counties that are contracting
parties, or if no contracting party is a county, one member
selected by
the members described in divisions (A)(2)(a) and (b)
of this section.
The members of the board shall be appointed as provided in
the contract. Of the members initially appointed to the board, the
member described in division (A)(2)(a) of this
section shall serve
a term of one year; the member
described in division (A)(2)(b) of
this section shall
serve a term of two years; and the member
described in division (A)(2)(c) of this section shall
serve a term
of three years. Thereafter,
terms for each member shall be for
four years, each term ending
on the same day of the same month of
the year as did the term
that it succeeds. A member may be
reappointed to the board, but
no member shall serve more than two
consecutive terms on the
board.
The member described in division (A)(2)(c) of this
section
shall serve as chairperson of a board described
under division
(A)(2) of this section.
(B) A board described under division (A)(1) or (2) of
this
section has no powers except as described in sections
715.72 to
715.81 of the Revised Code and in the contract creating the joint
economic
development district.
(C) Membership on the board of directors of a joint economic
development
district is
not the holding of a public office or
employment within the
meaning of any section of the Revised
Code
or any charter provision prohibiting the holding of other public
office
or employment. Membership
on such a board is not a direct
or indirect interest
in a contract or expenditure of money by a
municipal
corporation, township, county, or other political
subdivision
with which a member may be affiliated. Notwithstanding
any
provision of law or a charter to the contrary, no member of a
board of directors of a joint economic development district
shall
forfeit or be disqualified from holding any public office
or
employment by reason of membership on the board.
(D) The board of directors of a joint
economic development
district is a public body for the purposes
of section 121.22 of
the Revised Code. Chapter 2744. of the
Revised Code applies to
such a board and the district.
Sec. 715.81. The powers granted under sections 715.72 to
715.81 of the
Revised Code are in addition to and not in the
derogation of all other powers
granted to municipal corporations
and, townships, and counties pursuant to law. When
exercising a
power or performing a
function or duty under a contract entered
into under section 715.72 of the
Revised Code, a municipal
corporation may exercise all of the powers of a
municipal
corporation, and may perform all the functions and duties of a
municipal corporation, within the joint economic development
district,
pursuant to and
to the extent consistent with the
contract. When exercising a power or
performing a function or duty
under a contract entered into under
either section 715.691 or
715.72 or section 715.691 of the Revised Code, a
township may
exercise all of the powers of a township, and may perform all the
functions and duties of a township, within the joint economic
development
district, or joint economic development zone that is
subject to division
(I)(2) of section 715.691 of the Revised Code,
pursuant to and to the
extent consistent with the contract. No
When exercising a power or performing a function or duty
under a contract entered into under division (D) of section 715.72
of the Revised Code, a county may exercise all of the powers of a
county, and may perform all the functions and duties of a county,
within the joint economic development district, pursuant to and to
the extent consistent with the contract.
No
political subdivision shall grant any tax exemption under
Chapter
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of
the Revised Code on
any property located within the district, or
zone that is subject to
division (I)(2) of section 715.691 of the
Revised Code, without
the consent of the contracting parties. The
prohibition against granting a tax exemption under this section
does not apply
to any exemption filed, pending, or approved before
the effective date of the
contract entered into under either
section 715.691 or 715.72 or section
715.691 of the Revised Code.
Sec. 4501.21. (A) There is hereby created in the state
treasury the license plate contribution fund. The fund shall
consist of all contributions paid by motor vehicle registrants and
collected by the registrar of motor vehicles pursuant to sections
4503.491, 4503.493, 4503.50, 4503.501, 4503.502, 4503.51,
4503.522, 4503.545, 4503.55, 4503.551, 4503.552, 4503.553,
4503.561, 4503.562, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71,
4503.711, 4503.712, 4503.72, 4503.73, 4503.74, 4503.75, and
4503.85 of the
Revised Code.
(B) The registrar shall pay the contributions the registrar
collects in the fund as follows:
(1) The registrar shall pay the contributions received
pursuant to section 4503.491 of the Revised Code to the breast
cancer fund of Ohio, which shall use that money only to pay for
programs that provide assistance and education to Ohio breast
cancer patients and that improve access for such patients to
quality health care and clinical trials and shall not use any of
the money for abortion information, counseling, services, or other
abortion-related activities.
(2) The registrar shall pay the contributions received
pursuant to section 4503.493 of the Revised Code to the autism
society of Ohio, which shall use the contributions for programs
and autism awareness efforts throughout the state.
(3) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.50 of the Revised Code to the
future farmers of America foundation, which shall deposit the
contributions into its general account to be used for educational
and scholarship purposes of the future farmers of America
foundation.
(4) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.501 of the Revised Code to the
4-H youth development program of the Ohio state university
extension program, which shall use those contributions to pay the
expenses it incurs in conducting its educational activities.
(5) The registrar shall pay the contributions received
pursuant to section 4503.502 of the Revised Code to the Ohio
cattlemen's foundation, which shall use those contributions for
scholarships and other educational activities.
(6) The registrar shall pay each contribution the registrar
receives pursuant to section 4503.51 of the Revised Code to the
university or college whose name or marking or design appears on
collegiate license plates that are issued to a person under that
section. A university or college that receives contributions from
the fund shall deposit the contributions into its general
scholarship fund.
(7) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.522 of the Revised Code to the
"friends of Perry's victory and international peace memorial,
incorporated," a nonprofit corporation organized under the laws of
this state, to assist that organization in paying the expenses it
incurs in sponsoring or holding charitable, educational, and
cultural events at the monument.
(8) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.55 of the Revised Code to the
pro football hall of fame, which shall deposit the contributions
into a special bank account that it establishes and which shall be
separate and distinct from any other account the pro football hall
of fame maintains, to be used exclusively for the purpose of
promoting the pro football hall of fame as a travel destination.
(9) The registrar shall pay the contributions that are paid
to the registrar pursuant to section 4503.545 of the Revised Code
to the national rifle association
foundation, which shall use the
money to pay the costs of the
educational activities and programs
the foundation holds or
sponsors in this state.
(10) In accordance with section 955.202 of the Revised Code,
the registrar shall pay to the pets program funding board created
by that section the contributions the registrar receives pursuant
to section 4503.551 of the Revised Code and any other money from
any other source, including donations, gifts, and grants, that is
designated by the source to be paid to the pets program funding
board. The board shall use the moneys it receives under this
section only to support programs for the sterilization of dogs and
cats and for educational programs concerning the proper veterinary
care of those animals.
(11) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.552 of the Revised Code to the
rock and roll hall of fame and museum, incorporated.
(12) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.553 of the Revised Code to the
Ohio coalition for animals, incorporated, a nonprofit corporation.
Except as provided in division (B)(12) of this section, the
coalition shall distribute the money to its members, and the
members shall use the money only to pay for educational,
charitable, and
other programs of each coalition member that
provide care for unwanted, abused, and
neglected horses. The Ohio
coalition for animals may use a portion of the
money to pay for
reasonable marketing costs incurred in the design and
promotion
of the license plate and for administrative costs
incurred in the
disbursement and management of funds received
under this section.
(13) The registrar shall pay the contributions the registrar
receives pursuant to section 4503.561 of the Revised Code to the
state of Ohio chapter of ducks unlimited, inc., which shall
deposit the contributions into a special bank account that it
establishes. The special bank account shall be separate and
distinct from any other account the state of Ohio chapter of ducks
unlimited, inc., maintains and shall be used exclusively for the
purpose of protecting, enhancing, restoring, and managing wetlands
and conserving wildlife habitat. The state of Ohio chapter of
ducks unlimited, inc., annually shall notify the registrar in
writing of the name, address, and account to which such payments
are to be made.
(14) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.562 of the Revised
Code to the
Mahoning river consortium, which shall use the money
to pay the
expenses it incurs in restoring and maintaining the
Mahoning
river watershed.
(15)(a) The registrar shall pay to a sports commission
created pursuant to section 4503.591 of the Revised Code each
contribution the registrar receives under that section that an
applicant pays to obtain license plates that bear the logo of a
professional sports team located in the county of that sports
commission and that is participating in the license plate program
pursuant to division (E) of that section, irrespective of the
county of residence of an applicant.
(b) The registrar shall pay to a community charity each
contribution the registrar receives under section 4503.591 of the
Revised Code that an applicant pays to obtain license plates that
bear the logo of a professional sports team that is participating
in the license plate program pursuant to division (G) of that
section.
(16) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.67 of the Revised Code
to the
Dan Beard council of the boy scouts of America. The council
shall
distribute all contributions in an equitable manner
throughout
the state to regional councils of the boy scouts.
(17) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.68 of the Revised Code
to the
great river council of the girl scouts of the United States
of
America. The council shall distribute all contributions in an
equitable manner throughout the state to regional councils of the
girl scouts.
(18) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.69 of the Revised Code
to the
Dan Beard council of the boy scouts of America. The council
shall
distribute all contributions in an equitable manner
throughout
the state to regional councils of the boy scouts.
(19) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.71 of the Revised Code
to the
fraternal order of police of Ohio, incorporated, which
shall
deposit the fees into its general account to be used for
purposes
of the fraternal order of police of Ohio, incorporated.
(20) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.711 of the Revised
Code to the
fraternal order of police of Ohio, incorporated, which
shall
deposit the contributions into an account that it creates to
be
used for the purpose of advancing and protecting the law
enforcement profession, promoting improved law enforcement
methods, and teaching respect for law and order.
(21) The registrar shall pay the contributions received
pursuant to section 4503.712 of the Revised Code to Ohio concerns
of police survivors, which shall use those contributions to
provide whatever assistance may be appropriate to the families of
Ohio law enforcement officers who are killed in the line of duty.
(22) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.72 of the Revised Code
to the
organization known on March 31, 2003, as the Ohio CASA/GAL
association, a private, nonprofit corporation organized under
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association
shall use these contributions to pay the expenses it incurs in
administering a program to secure the proper representation in the
courts of this state of abused, neglected, and dependent children,
and for the training and supervision of persons participating in
that program.
(22)(23) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.73 of the Revised
Code
to
Wright B. Flyer, incorporated, which shall deposit the
contributions into its general account to be used for purposes of
Wright B. Flyer, incorporated.
(23)(24) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.74 of the Revised
Code
to the
Columbus zoological park
association, which shall
disburse
the
moneys to Ohio's major
metropolitan zoos, as
defined in
section
4503.74 of the Revised
Code, in accordance
with a written
agreement entered into by the
major metropolitan
zoos.
(24)(25) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.75 of the Revised
Code
to the
rotary foundation, located on March 31, 2003, in
Evanston,
Illinois, to be placed in a fund known as the permanent
fund and
used to endow educational and humanitarian programs of
the rotary
foundation.
(25)(26) The registrar shall pay the contributions the
registrar
receives pursuant to section 4503.85 of the Revised
Code
to the
Ohio sea grant college program to be used for Lake
Erie
area
research projects.
(C) All investment earnings of the license plate contribution
fund shall be credited to the fund. Not later than the first day
of May of every year, the registrar shall distribute to each
entity described in division (B) of this
section the investment
income the fund earned the previous
calendar year. The amount of
such a distribution paid to an entity
shall be proportionate to
the amount of money the entity received
from the fund during the
previous calendar year.
Sec. 4503.712. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles may
apply to the registrar for the registration of the vehicle and
issuance of "Ohio C.O.P.S." license plates. The application for
"Ohio C.O.P.S." license plates may be combined with a request for
a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance with division (B) of this section, the registrar shall
issue to the applicant the appropriate vehicle registration, a set
of "Ohio C.O.P.S." license plates with a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "Ohio C.O.P.S." license plates shall be
inscribed with the words "Ohio C.O.P.S." and a marking selected by
the organization Ohio concerns of police survivors and approved by
the registrar. "Ohio C.O.P.S." license plates shall bear county
identification stickers that identify the county of registration
by name or number.
(B) "Ohio C.O.P.S." license plates and a validation sticker
or, when applicable, a validation sticker alone, shall be issued
upon submission by the applicant of an application for
registration of a motor vehicle under this section; payment of the
regular license tax as prescribed under section 4503.04 of the
Revised Code, any applicable motor vehicle tax levied under
Chapter 4504. of the Revised Code, any applicable additional fee
prescribed by section 4503.40 or 4503.42 of the Revised Code, the
contribution provided in division (C) of this section, and an
additional fee of ten dollars; and compliance with all other
applicable laws relating to the registration of motor vehicles.
(C) For each application for registration and registration
renewal that the registrar receives under this section, the
registrar shall collect a contribution of fifteen dollars. The
registrar shall transmit this contribution to the treasurer of
state for deposit in the license plate contribution fund created
by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten
dollars described in division (B) of this section, the purpose of
which is to compensate the bureau of motor vehicles for additional
services required in issuing license plates under this section, to
the treasurer of state for deposit into the state treasury to the
credit of the bureau of motor vehicles fund created by section
4501.25 of the Revised Code.
Sec. 4513.66. (A) If a motor vehicle accident occurs on any
highway, public street, or other property open to the public for
purposes of vehicular travel and if any motor vehicle, cargo, or
personal property that has been damaged or spilled as a result of
the motor vehicle accident is blocking the highway, street, or
other property or is otherwise endangering public safety, the
sheriff of the county, or the chief of police of the municipal
corporation, township, or township police district, in which the
accident occurred, a state highway patrol trooper, or the chief of
the fire department having jurisdiction where the accident
occurred may, without consent of the owner but with the approval
of the law enforcement agency conducting any investigation of the
accident, remove the motor vehicle if the motor vehicle is
unoccupied, cargo, or personal property
from the portion of the
highway, public street, or property
ordinarily used for vehicular
travel on the highway, public
street, or other property open to
the public for purposes of
vehicular travel.
(B)(1) Except as provided in division (B)(2) or (3) of this
section, no employee of the department of transportation, sheriff,
deputy sheriff, chief of police or police
officer of a municipal
corporation, township, or township police
district, state highway
patrol trooper, chief of a fire
department, or fire fighter who
authorizes or participates in the
removal of any unoccupied motor
vehicle,
cargo, or personal property as
authorized by division
(A) of this
section is liable in civil
damages for any injury,
death, or loss
to person or property that
results from the
removal of that unoccupied motor
vehicle, cargo, or personal
property. Except as provided in division (B)(2) or (3) of this
section, if the department of
transportation or a sheriff, chief
of police of a municipal
corporation, township, or township
police district, head of the
state highway patrol, or chief of a
fire department authorizes,
employs, or arranges to have a
private tow truck operator or
towing company remove any
unoccupied motor vehicle, cargo, or personal
property as
authorized by division (A) of this section, that
private tow
truck operator or towing company is not liable in
civil damages
for any injury, death, or loss to person or property
that results
from the removal of that unoccupied motor vehicle, cargo, or
personal property, and the department of transportation, sheriff,
chief of police, head of the state highway patrol, or fire
department chief is not liable in civil damages for any injury,
death, or loss to person or property that results from the private
tow truck operator or towing company's removal of that unoccupied
motor
vehicle, cargo, or personal property.
(2) Division (B)(1) of this section does not apply to any
person or entity involved in the removal of an unoccupied motor
vehicle,
cargo, or
personal property pursuant to division (A) of
this
section if that
removal causes or contributes to the
release of a
hazardous
material or to structural damage to the
roadway.
(3) Division (B)(1) of this section does not apply to a
private tow truck operator or towing company that was not
authorized, employed, or arranged by the department of
transportation, a sheriff, a chief of police of a municipal
corporation, township, or township police district, the head of
the state highway patrol, or a chief of a fire department or to a
private tow truck operator or towing company that was authorized,
employed, or arranged by the department of transportation, a
sheriff, a chief of police of a municipal corporation, township,
or township police district, the head of the state highway patrol,
or a chief of a fire department to perform the removal of the
unoccupied motor vehicle, cargo, or personal property and the
private tow truck operator or towing company performed the removal
in a reckless or willful manner.
(C) As used in this section, "hazardous material" has the
same meaning as in section 2305.232 of the Revised Code.
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 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, except by insurers and subrogees selling only
those
motor
vehicles that have come
into their possession
through
the
operation of the terms of an
insurance contract;
(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. 4765.43. (A) A person who drives an ambulance that
is
equipped for emergency medical services, is not required by
this
chapter to be certified as an emergency
medical technician-basic,
emergency medical
technician-intermediate, or
emergency medical
technician-paramedic.
(B)(1) During each emergency run made by an ambulance that is
equipped for emergency medical services and is operated by an
emergency medical service organization that does not utilize any
volunteer emergency medical service providers or does not
substantially utilize those providers, the ambulance
shall be
staffed by at least two
EMTs-basic, EMTs-I, or
paramedics. At any
time a patient is being transported in When an ambulance is so
staffed, it may be driven by a person who is not certified as an
EMT-basic, EMT-I, or paramedic.
(2) During each emergency run made by an
ambulance that is
equipped for emergency medical services and is
operated by an
emergency medical service organization that substantially
utilizes
volunteer emergency medical service providers, the
ambulance shall
be staffed by at least two
EMTs-basic, EMTs-I, or
paramedics one
first responder and one EMT-basic, EMT-I, or paramedic. At all
other times during an emergency run, the
ambulance shall be
staffed by at least one EMT-basic,
EMT-I, or
paramedic. When an
ambulance is so staffed, it may be driven by
a person who is not
certified as an a first responder, EMT-basic, EMT-I, or
paramedic.
If circumstances so require, an ambulance that is staffed by only
one first responder and one EMT-basic, EMT-I, or paramedic may be
driven by the first responder who is staffing the ambulance with
the EMT-basic, EMT-I, or paramedic.
(C) For purposes of division (B) of this section, an
emergency medical service organization substantially utilizes
volunteer emergency medical service providers if, on any given
date, for the six-month period immediately prior to that date, the
organization's daily average number of hours during which the
organization
used only volunteer first responders, volunteer
EMTs-basic,
volunteer EMTs-I, or volunteer paramedics, or a
combination of
such volunteers, was fifty per cent or more of the
daily average number of hours that the organization made
emergency medical
services available to the public.
Sec. 4765.431. No emergency medical service organization
shall permit an individual who is younger than eighteen years of
age to drive an ambulance.
Sec. 4931.61. (A) Beginning on the first day of the third
month following
the effective date of this section May 6, 2005,
and
ending
December 31, 2008 2012,
there is hereby imposed,
on
each
wireless telephone number of a wireless service
subscriber
who has
a billing address in this state, a wireless
9-1-1 charge
of
thirty-two twenty-eight cents per month. The subscriber shall
pay
the
wireless
9-1-1 charge for each such wireless
telephone
number
assigned to
the subscriber. Each wireless
service
provider and
each reseller
of wireless service shall collect the
wireless
9-1-1 charge
as a
specific line item on each
subscriber's monthly
bill. The line
item shall be expressly
designated "State/Local
Wireless-E911
Costs ($0.32 $0.28/billed
number)." If a provider bills a
subscriber for
any wireless
enhanced 9-1-1 costs that the
provider may incur, the
charge or
amount is not to appear in the
same line item as the
state/local
line item. If the charge or
amount is to appear in its
own,
separate line item on the bill,
the charge or amount shall be
expressly designated "[Name of
Provider] Federal Wireless-E911
Costs." For any subscriber of
prepaid wireless
service, a
wireless
service
provider or
reseller shall
collect the
wireless 9-1-1
charge in any of the
following manners:
(1) At the point of sale. For purposes
of prepaid wireless
services, point of sale includes the
purchasing of additional
minutes by the subscriber along
with any necessary
activation of
those minutes.
(2) If the subscriber has a positive account balance on the
last day of the month and has used the service during that month,
by reducing that balance not later than the end
of the first week
of the following month by the amount of the
charge or an
equivalent number of air time airtime minutes;
(3) By dividing the total earned prepaid wireless
telephone
revenue from sales within this state received by the
wireless
service provider or reseller during the month by fifty,
multiplying the quotient by thirty-two twenty-eight cents, and
remitting
this
amount pursuant to division (A)(1) of section
4931.62 of the
Revised Code.
(B) The wireless 9-1-1 charge shall be
exempt from state or
local taxation.
Sec. 4931.62. (A)(1) Beginning with the second month
following the month in which the wireless 9-1-1 charge
is first
imposed under section 4931.61 of the Revised Code, a wireless
service provider or reseller of wireless service, not later than
the last day
of each month,
shall remit the full amount of all
wireless 9-1-1
charges it collected for the second preceding
calendar month to
the Ohio 9-1-1 coordinator, with the exception
of charges equivalent to the
amount authorized as a billing and
collection fee under division
(A)(2) of this section. In doing so,
the provider or reseller may remit the requisite amount in any
reasonable manner consistent with its existing operating or
technological capabilities, such as by customer address, location
associated with the wireless telephone number, or another
allocation method based on comparable, relevant data. If the
wireless service provider or reseller receives a partial payment
for a bill
from a wireless service subscriber, the wireless
service
provider or reseller shall apply the payment first against
the amount the
subscriber owes the wireless service provider or
reseller and shall remit to
the coordinator such lesser amount, if
any, as results from that
invoice.
(2) A wireless service provider or reseller of wireless
service may retain
as a billing
and collection fee two per cent of
the total wireless 9-1-1 charges it collects in any month and
shall account to
the coordinator for the amount retained.
(3) The coordinator shall return to, or credit against the
next month's remittance of, a wireless service provider or service
reseller the amount of any remittances the coordinator determines
were erroneously submitted by the provider or reseller.
(B) Each subscriber on which a wireless 9-1-1 charge is
imposed under
division (A) of section 4931.61 of the Revised Code
is liable to the state for the amount of the charge.
If a
wireless service provider or reseller fails to collect the charge
under that division from a subscriber of prepaid wireless service,
or fails to bill any other subscriber for the charge, the wireless
service provider or reseller is liable to the state
for the amount
not collected or billed. If a wireless service
provider or
reseller
collects charges under that division and
fails to remit
the money
to the coordinator, the wireless service
provider or
reseller is liable to the
state for any amount
collected and not
remitted.
(C)(1) If the public utilities commission has reason to
believe that a wireless service provider or reseller has failed to
bill, collect, or remit the wireless 9-1-1 charge as required by
divisions (A)(1) and (B) of this section or has retained more than
the amount authorized under division (A)(2) of this section, and
after written notice to the provider or reseller, the commission
may audit the provider or reseller for the sole purpose of making
such a determination. The audit may be of include, but is not
limited to, a sample of the provider's or reseller's billings,
collections, remittances, or retentions for a representative
period, and the commission shall make a good faith effort to reach
agreement with the provider or reseller in selecting that sample.
(2) Upon written notice to the wireless service provider or
reseller, the commission, by order after completion of the audit,
may make an assessment against the provider or reseller if,
pursuant to the audit, the commission determines that the provider
or reseller has failed to bill, collect, or remit the wireless
9-1-1 charge as required by divisions (A)(1) and (B) of this
section or has retained more than the amount authorized under
division (A)(2) of this section. The assessment shall be in the
amount of any remittance that was due and unpaid on the date
notice of the audit was sent by the commission to the provider or
reseller or, as applicable, in the amount of the excess amount
under division (A)(2) of this section retained by the provider or
reseller as of that date.
(3) The portion of any assessment not paid within sixty days
after the date of service by the commission of the assessment
notice under division (C)(2) of this section shall bear interest
from that date until paid at the rate per annum prescribed by
section 5703.47 of the Revised Code. That interest may be
collected by making an assessment under division (C)(2) of this
section. An assessment under this division and any interest due
shall be remitted in the same manner as the wireless 9-1-1 charge.
(4) An assessment is final and due and payable and shall be
remitted to the commission unless the assessed party petitions for
rehearing under section 4903.10 of the Revised Code. The
proceedings of the commission specified in division (C)(4) of this
section are subject to and governed by Chapter 4903. of the
Revised Code, except that the court of appeals of Franklin county
has exclusive, original jurisdiction to review, modify, or vacate
an order of the commission under division (C)(2) of this section.
The court shall hear and determine such appeal in the same manner
and under the same standards as the Ohio supreme court hears and
determines appeals under Chapter 4903. of the Revised Code.
The judgment of the court of appeals is final and conclusive
unless reversed, vacated, or modified on appeal. Such an appeal
may be made by the commission or the person to whom the order
under division (C)(2) of this section was issued and shall proceed
as in the case of appeals in civil actions as provided in Chapter
2505. of the Revised Code.
(5) After an assessment becomes final, if any portion of the
assessment remains unpaid, including accrued interest, a certified
copy of the commission's entry making the assessment final may be
filed in the office of the clerk of the court of common pleas in
the county in which the place of business of the assessed party is
located. If the party maintains no place of business in this
state, the certified copy of the entry may be filed in the office
of the clerk of the court of common pleas of Franklin county.
Immediately upon the filing, the clerk shall enter a judgment for
the state against the assessed party in the amount shown on the
entry. The judgment may be filed by the clerk in a loose-leaf book
entitled "special judgments for wireless 9-1-1 charges" and shall
have the same effect as other judgments. The judgment shall be
executed upon the request of the commission.
(6) An assessment under this division does not discharge a
subscriber's liability to reimburse the provider or reseller for
the wireless 9-1-1 charge. If, after the date of service of the
audit notice under division (C)(1) of this section, a subscriber
pays a wireless 9-1-1 charge for the period covered by the
assessment, the payment shall be credited against the assessment.
(7) All money collected by the commission under this division
shall be paid to the treasurer of state, for deposit to the credit
of the wireless 9-1-1 government assistance fund.
Sec. 4931.63. (A) There is hereby created the
wireless 9-1-1
administrative fund in the state treasury. A sufficient
percentage, determined by the chairperson of the public utilities
commission but not to exceed four per cent through the first full
fiscal year and two
per cent thereafter, of the periodic
remittances of the wireless 9-1-1 charge under section
4931.62 of
the Revised
Code shall be deposited to the credit of
the fund, to
be used by the commission to cover such
nonpayroll costs and, at
the discretion of the commission such payroll costs, of
the
commission as are incurred in
assisting the coordinator in
carrying out sections 4931.60 to 4931.70 of the
Revised Code and
in conducting audits under division (C) of section 4931.62 of the
Revised Code. In addition, the compensation of the Ohio 9-1-1
coordinator, and any expenses of the coordinator in carrying out
those sections, shall be paid from the fund.
(B) There is hereby
created the wireless 9-1-1 government
assistance fund, which shall be in the custody of the treasurer of
state but
shall not be part of the state treasury. The periodic
remittances of the wireless 9-1-1 charge remaining after the
deposit required by division
(A) of this section shall be
deposited to the credit of the wireless 9-1-1 government
assistance fund. The treasurer of state shall deposit or invest
the moneys
in this fund in accordance with
Chapter 135. of the
Revised Code and any other provision of
law governing public
moneys of the state as defined in section
135.01 of the Revised
Code. The treasurer of state shall
credit the interest earned to
the fund. The
treasurer of state shall disburse money from the
fund solely upon order
of the coordinator as authorized under
section
4931.64 of the
Revised Code. Annually, until the fund is
depleted, the treasurer of state
shall certify to the coordinator
the amount of moneys in the
treasurer of state's custody belonging
to the fund.
Sec. 4931.64. (A) Prior to the first disbursement under this
section and annually thereafter not later than the twenty-fifth
day of January, until the wireless 9-1-1 government assistance
fund is depleted, the Ohio 9-1-1 coordinator shall do both of the
following for the purposes of division (B) of this section:
(1) Determine, for a county that has adopted a final plan
under sections 4931.40 to 4931.70 of the Revised Code for the
provision of wireless enhanced 9-1-1 within the territory covered
by the countywide 9-1-1 system established under the plan, the
number of wireless telephone numbers assigned to wireless service
subscribers that have billing addresses within the county. That
number shall be adjusted between any two counties so that the
number of wireless telephone numbers assigned to wireless service
subscribers who have billing addresses within any portion of a
municipal corporation that territorially lies primarily in one of
the two counties but extends into the other county is added to the
number already determined for that primary county and subtracted
for the other county.
(2) Determine each county's proportionate share of the
wireless 9-1-1 government assistance fund for the ensuing calendar
year on the basis set forth in division (B) of this section;
estimate the ensuing calendar year's fund balance; compute each
such county's estimated proceeds for the ensuing calendar year
based on its proportionate share and the estimated fund balance;
and certify such amount of proceeds to the county auditor of each
such county.
(B) The Ohio 9-1-1 coordinator, in accordance with this
division and not later than the last day of each month, shall
disburse the amount credited as remittances to the wireless 9-1-1
government assistance fund during the second preceding month, plus
any accrued interest on the fund. Such a disbursement shall be
paid to each county treasurer. The amount to be so disbursed
monthly to a particular county shall be a proportionate share of
the wireless 9-1-1 government assistance fund balance based on the
ratio between the following:
(1) The number of wireless telephone numbers determined for
the county by the coordinator pursuant to division (A) of this
section;
(2) The total number of wireless telephone numbers assigned
to subscribers who have billing addresses within this state. To
the extent that the fund balance permits, the disbursements to
each county shall total at least twenty-five ninety thousand
dollars annually.
(C)(1) Each county that has not adopted a final plan
for the
provision of wireless enhanced 9-1-1 under sections
4931.40 to
4931.70 of the Revised Code shall be deemed as having
done so for
the purposes of making the determinations and
disbursements under
divisions (A)(1) and (2) and (B) of this
section through the
third
full calendar year following the
effective date of this
section.
(2) For each county described in division (C)(1) of this
section and through the third full calendar year following the
effective date of this section, the coordinator shall
retain in
the wireless 9-1-1 government assistance fund an amount
equal to
what would otherwise be paid as the county's disbursements under
division
(B) of
this section if it had adopted such a final
plan, plus any
related accrued interest, to be set aside for that
county until.
If
the board of county commissioners notifies the
coordinator
prior to January 1, 2010, that a
final plan for the
provision of
wireless enhanced 9-1-1 has been
adopted, but not
beyond the end
of such third year. Provided
notification is made
prior to the
end of that third year, the
coordinator shall
disburse and pay to
the county treasurer, not
later than the
last day of the month
following the month the
notification is
made, the total amount so
set aside for the county
plus any
related accrued interest. After
the end of the third full
calendar year following the effective
date of this section As of
January 1, 2010, any money and interest
so retained and not
disbursed as
authorized under this division
shall be available
for disbursement
only as provided in division
(B) of this
section.
(D) Immediately upon receipt by a county treasurer of a
disbursement under division (B) or (C) of this section, the county
shall disburse, in accordance with the allocation formula set
forth in the final plan, the amount the county so received to any
other subdivisions in the county that pay the costs of a public
safety answering point providing wireless enhanced 9-1-1 under the
plan.
(E) Nothing in sections 4931.40 to 4931.70 of the Revised
Code affects the authority of a subdivision operating or served by
a public safety answering point of a 9-1-1 system to use, as
provided in the final plan for the system or in an agreement under
section 4931.48 of the Revised Code, any other authorized revenue
of the subdivision for the purposes of providing basic or enhanced
9-1-1.
Sec. 4931.65. (A) Except as otherwise provided in section
4931.651 of the Revised Code:
(A) A countywide 9-1-1
system receiving a
disbursement under
section 4931.64 of the
Revised Code shall
provide countywide
wireless enhanced 9-1-1 in accordance with
sections 4931.40 to
4931.70 of the Revised Code beginning as soon
as
reasonably
possible after receipt of the first disbursement
or,
if that
service is
already implemented, shall continue to provide
such
service. Except as provided in divisions (B) and (C) of this
section, a
disbursement shall be used solely for
the purpose of
paying either or both of the following:
(1) Any costs of designing, upgrading, purchasing,
leasing,
programming, installing, testing, or maintaining the
necessary
data, hardware, software, and trunking required for
the public
safety answering point or points of the 9-1-1
system to provide
wireless enhanced 9-1-1, which
costs are
incurred before or on or
after the effective date of this
section
May 6, 2005, and consist
of such additional costs of the 9-1-1
system
over and above any
costs incurred to provide wireline
9-1-1 or to otherwise provide
wireless enhanced 9-1-1. Annually, up to twenty-five thousand
dollars of the disbursements received on or after January 1, 2009,
may be applied
to data, hardware, and software that automatically
alerts
personnel receiving a 9-1-1 call that a person at the
subscriber's
address or telephone number may have a mental or
physical
disability, of which that personnel shall inform the
appropriate
emergency service provider. On or after
the
provision of
technical and operational standards pursuant to
division (D)(1)
of section 4931.68 of the Revised Code, a
subdivision shall
consider the standards before incurring any
costs described in
this division.
(2) Any costs of training the staff of the
public safety
answering point or points to provide wireless enhanced 9-1-1,
which costs are incurred before or on or
after the effective date
of this section and consist of such
additional costs of the 9-1-1
system over and above any costs
incurred to provide wireline
9-1-1 May 6, 2005.
(B) Beginning one year following the imposition of the
wireless 9-1-1 charge under section 4931.61 of the Revised Code, a
subdivision that certifies to the Ohio 9-1-1 coordinator that it
has paid the costs described in divisions (A)(1) and (2) of this
section and is providing countywide wireless enhanced 9-1-1 may
use disbursements received under section 4931.64 of the Revised
Code to pay any of its personnel costs of one or more public
safety answering points providing countywide wireless enhanced
9-1-1.
(C) After receiving its April 2009 2013, disbursement under
section 4931.64 of the Revised Code, a subdivision may use any
remaining balance of disbursements it received under that section
to pay any of its costs of providing countywide wireless 9-1-1,
including the personnel costs of one or more public safety
answering points providing that service.
(D) The costs described in divisions
(A), (B), and (C) of
this section
may include any such costs payable pursuant to an
agreement
under division (J) of section
4931.41 of the Revised
Code.
Sec. 4931.651. On or after March 1, 2009, payment of costs
specified in divisions (A) to (D) of
section 4931.65 of the
Revised Code and so payable from a
disbursement under section
4931.64 of the Revised Code shall be
limited to those specified
and payable costs incurred after that
date for not more than five
public safety answering points of the
particular 9-1-1 system.
Sec. 4931.66. (A)(1) A wireless service provider telephone
company,
the state
highway patrol as described in division (J) of
section 4931.41 of
the Revised Code, and each subdivision
operating one or more
public safety
answering points for a
countywide system providing
wireless
9-1-1, shall provide the
Ohio 9-1-1 coordinator with such
information as the coordinator
requests for the purposes of
carrying out the coordinator's duties
under sections 4931.60 to
4931.70 of the Revised
Code, including,
but not
limited to, duties
regarding the collection of the
wireless
9-1-1 charge and
regarding the provision of a report
or
recommendation under
section
4931.70 of the Revised Code.
(2) A wireless service provider shall provide an official,
employee, agent, or representative of a subdivision operating a
public safety answering
point, or of the state highway patrol as
described in division (J) of section 4931.41 of the Revised Code,
with such technical, service, and location information as
the
official, employee, agent, or representative requests for the
purpose of providing
wireless 9-1-1.
(3) A subdivision operating one or more public safety
answering points of a 9-1-1 system, and a telephone company,
shall
provide to the
Ohio 9-1-1 council such information as the
council
requires for the purpose of making any recommendation or report
pursuant to carrying out its duties under division (D)(2) of
section 4931.68 of the Revised Code.
(B)(1) Any information
provided under division (A) of
this
section that consists of trade secrets as defined in
section
1333.61 of the Revised Code or of information
regarding the
customers, revenues, expenses, or network information of a
telephone
company shall be confidential and
does not constitute a
public record for the purpose of section
149.43 of the Revised
Code.
(2) The public utilities commission, the Ohio 9-1-1
coordinator, and any official, employee,
agent, or representative
of the commission, of the state highway patrol as described in
division (J) of section 4931.41 of the Revised Code, or of a
subdivision
operating a public safety answering point, while
acting or
claiming to act in the capacity of the commission or
coordinator or such official, employee,
agent, or representative,
shall not disclose any information
provided under division (A) of
this section regarding a telephone company's
customers, revenues,
expenses, or network information. Nothing in
division (B)(2) of
this section
precludes any such information from being aggregated
and
included in any report required under section 4931.70 or
division
(D)(2) of section 4931.69 of
the Revised Code, provided
the aggregated
information does not identify the number of any
particular
company's customers or the amount of its revenues
or
expenses or identify a particular company as to any network
information.
Sec. 4931.70. On the first day of By November preceding the
2007-2009 budget biennium 30, 2011, the Ohio 9-1-1
coordinator
shall submit a report to the general assembly, in
accordance with
section 101.68 of the Revised Code, that contains
both
of the
following:
(A) A review of the
implementation and provision of wireless
enhanced 9-1-1 in this state and
a description of how moneys
disbursements from the wireless 9-1-1
government assistance fund
have been used. In preparing the
report, the coordinator shall
consult with the wireless 9-1-1
advisory board.
(B) The coordinator's recommendation for the coming budget
biennium of any change in the amount of the wireless 9-1-1 charge
and the basis for that recommendation. The recommendation shall
reflect the
minimum amount necessary during the coming budget
biennium, given
any balance in the wireless 9-1-1 government
assistance fund to
be carried over to that biennium and the
projected revenue from
the charge, to fully cover the costs
described in division (A) of section
4931.65 of the Revised Code
as projected for that
biennium. The amount also shall reflect the
minimum amount
necessary for the wireless 9-1-1 charge to cover
the
costs described in division (A)
of section 4931.63 of the
Revised Code as projected for the
biennium, given the wireless
9-1-1 administrative fund balance
to be carried over. In making a
recommendation under this division, the
coordinator shall consider
any recommendation of the wireless 9-1-1
advisory board.
SECTION 2. That existing sections 305.12, 308.04, 503.01,
715.72, 715.74, 715.75, 715.76, 715.761, 715.77, 715.78, 715.81,
4501.21, 4517.21, 4765.43, 4931.61, 4931.62, 4931.63, 4931.64,
4931.65, 4931.66, and 4931.70 of the Revised Code are hereby
repealed.
SECTION 3. That sections 4503.494, 4503.496, 4503.531, and
4503.92 of the Revised Code be contingently amended to read as
follows:
Sec. 4503.494. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, motorcycle, or
other vehicle of a class approved by the registrar of motor
vehicles may apply to the registrar for the registration of the
vehicle and issuance of "multiple sclerosis awareness" license
plates. The application may be combined with a request for a
special reserved license plate under section 4503.40 or 4503.42 of
the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "multiple sclerosis
awareness" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "multiple sclerosis awareness" license
plates shall bear words selected by and a logo designed by the
national multiple sclerosis
society. The registrar shall approve
the final design. "Multiple
sclerosis awareness" license plates
shall display county
identification stickers that identify the
county of registration
by name or number.
(B) "Multiple sclerosis awareness" license plates and a
validation sticker, or validation sticker alone, shall be issued
upon receipt of an application for registration of a motor vehicle
under this section; payment of the regular license tax as
prescribed under section 4503.04 of the Revised Code, any
applicable motor vehicle license tax levied under Chapter 4504. of
the Revised Code, any applicable additional fee prescribed by
section 4503.40 or 4503.42 of the Revised Code, an additional fee
of ten dollars, and a contribution as provided in division (C) of
this section; and compliance with all other applicable laws
relating to the registration of motor vehicles.
(C) The registrar shall collect a contribution of fifteen
dollars for each application for registration and registration
renewal notice the registrar receives under this section. The
registrar shall transmit this contribution to the treasurer of
state for deposit into the state treasury to the credit of the
license plate contribution fund created by section 4501.21 of the
Revised Code.
The registrar shall transmit the additional fee of ten
dollars, which is to compensate the bureau of motor vehicles for
the additional services required in the issuing of "multiple
sclerosis awareness" license plates, to the treasurer of state for
deposit into the state treasury to the credit of the state bureau
of motor vehicles fund created by section 4501.25 of the Revised
Code.
Sec. 4503.496. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, motorcycle, or
other vehicle of a class approved by the registrar of motor
vehicles may apply to the registrar for the registration of the
vehicle and issuance of "sickle cell anemia awareness" license
plates. The application may be combined with a request for a
special reserved license plate under section 4503.40 or 4503.42 of
the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "sickle cell anemia
awareness" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "sickle cell anemia awareness" license
plates shall bear words selected by and a logo designed by
the
Ohio sickle cell and health association. The registrar shall
approve the
final design. "Sickle cell anemia awareness" license
plates shall
display county identification stickers that identify
the county of
registration by name or number.
(B) "Sickle cell anemia awareness" license plates and a
validation sticker, or validation sticker alone, shall be issued
upon receipt of an application for registration of a motor vehicle
under this section; payment of the regular license tax as
prescribed under section 4503.04 of the Revised Code, any
applicable motor vehicle license tax levied under Chapter 4504. of
the Revised Code, any applicable additional fee prescribed by
section 4503.40 or 4503.42 of the Revised Code, an additional fee
of ten dollars, and a contribution as provided in division (C) of
this section; and compliance with all other applicable laws
relating to the registration of motor vehicles.
(C) The registrar shall collect a contribution of ten dollars
for each application for registration and registration renewal
notice the registrar receives under this section. The registrar
shall transmit this contribution to the treasurer of state for
deposit into the state treasury to the credit of the license plate
contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten
dollars, which is to compensate the bureau of motor vehicles for
the additional services required in the issuing of "sickle cell
anemia awareness" license plates, to the treasurer of state for
deposit into the state treasury to the credit of the state bureau
of motor vehicles fund created by section 4501.25 of the Revised
Code.
Sec. 4503.531. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, motorcycle, or
other vehicle of a class approved by the registrar of motor
vehicles may apply to the registrar for the registration of the
vehicle and issuance of "thank you U.S. military" license plates.
The application may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "thank you U.S.
military" license plates and a validation sticker, or a validation
sticker alone when required by section 4503.191 of the Revised
Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "thank you U.S. military" license plates
shall bear the words "thank you U.S. military" and markings
designed by the thank you foundation. The registrar shall approve
the final design. "Thank you U.S. military" license plates shall
display county identification stickers that identify the county of
registration by name or number.
(B) "Thank you U.S. military" license plates and a validation
sticker, or validation sticker alone, shall be issued upon receipt
of an application for registration of a motor vehicle under this
section; payment of the regular license tax as prescribed under
section 4503.04 of the Revised Code, any applicable motor vehicle
license tax levied under Chapter 4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42
of the Revised Code, an additional fee of ten dollars, and a
contribution as provided in division (C) of this section; and
compliance with all other applicable laws relating to the
registration of motor vehicles.
(C) The registrar shall collect a contribution of ten dollars
for each application for registration and registration renewal
notice the registrar receives under this section. The registrar
shall transmit this contribution to the treasurer of state for
deposit into the state treasury to the credit of the license plate
contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten
dollars, which is to compensate the bureau of motor vehicles for
the additional services required in the issuing of "thank you U.S.
military" license plates, to the treasurer of state for deposit
into the state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
Sec. 4503.92. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, motorcycle, or
other vehicle of a class approved by the registrar of motor
vehicles may apply to the registrar for the registration of the
vehicle and issuance of "support our troops" license plates. The
application may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the Revised
Code. Upon receipt of the completed application and compliance by
the applicant with divisions (B) and (C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of "support our troops" license plates and
a validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, "support our troops" license plates shall
bear an appropriate logo and the words "support our troops." The
bureau of motor vehicles shall design "support our troops" license
plates, and they shall display county identification stickers that
identify the county of registration by name or number.
(B) "Support our troops" license plates and a validation
sticker, or validation sticker alone, shall be issued upon receipt
of an application for registration of a motor vehicle under this
section; payment of the regular license tax as prescribed under
section 4503.04 of the Revised Code, any applicable motor vehicle
license tax levied under Chapter 4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42
of the Revised Code, an additional fee of ten dollars, and a
contribution as provided in division (C) of this section; and
compliance with all other applicable laws relating to the
registration of motor vehicles.
(C) For each application for registration and registration
renewal notice the registrar receives under this section, the
registrar shall collect a contribution of twenty-five dollars. The
registrar shall transmit this contribution to the treasurer of
state for deposit into the state treasury to the credit of the
license plate contribution fund created by section 4501.21 of the
Revised Code.
The registrar shall transmit the additional fee of ten
dollars, which is to compensate the bureau of motor vehicles for
the additional services required in the issuing of "support our
troops" license plates, to the treasurer of state for deposit into
the state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
SECTION 4. That existing sections 4503.494, 4503.496,
4503.531, and 4503.92 of the Revised Code are hereby contingently
repealed.
SECTION 5. The amendments by this act of sections 4503.494,
4503.496, 4503.531, and 4503.92 of the Revised Code are contingent
on Sub. S.B. 243 of the 127th General Assembly becoming law.
SECTION 6. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
advance and
ensure the provision of wireless enhanced 9-1-1 in an
efficient and effective manner, including by maintaining the
wireless 9-1-1 charge for that emergency service that would
otherwise expire at the end of December 2008. Therefore, this act
shall go into immediate effect.
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