As Reported by the Committee of Conference

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 51

Representatives McGregor, Patmon

Cosponsors: Representatives Wachtmann, Amstutz, Beck, Grossman, Hackett, Huffman, Perales, Sears, Sprague, Stebelton, Terhar, Speaker Batchelder
Senators Manning, Balderson, Beagle, Brown, Cafaro, Hite, Hughes, Lehner, Patton, Peterson, Schaffer, Uecker

A BILL

To amend sections 9.33, 126.06, 126.503, 127.14,

153.01, 153.65, 164.05, 307.05, 307.051, 307.055,

505.37, 505.375, 505.44, 505.72, 718.01, 2913.01,

2913.02, 2913.51, 2937.221, 3354.13, 3355.10,

3357.12, 3705.242, 3791.12, 3791.13, 3791.99,

4501.01, 4501.03, 4501.04, 4501.041, 4501.042,

4501.043, 4501.06, 4503.03, 4503.04, 4503.042,

4503.07, 4503.103, 4503.11, 4503.19, 4503.191,

4503.22, 4503.42, 4503.45, 4503.49, 4504.19,

4504.21, 4505.11, 4506.08, 4506.09, 4507.011,

4507.05, 4507.23, 4511.01, 4511.13, 4511.21,

4511.61, 4513.263, 4513.34, 4513.53, 4513.66,

4517.021, 4561.01, 4561.06, 4561.07, 4561.08,

4561.09, 4561.12, 4561.21, 4582.06, 4737.04,

4737.99, 4743.05, 4765.02, 4765.03, 4765.04,

4765.05, 4765.06, 4765.07, 4765.08, 4765.09,

4765.10, 4765.101, 4765.102, 4765.11, 4765.111,

4765.112, 4765.113, 4765.114, 4765.115, 4765.116,

4765.12, 4765.15, 4765.16, 4765.17, 4765.18,

4765.22, 4765.23, 4765.28, 4765.29, 4765.30,

4765.31, 4765.32, 4765.33, 4765.37, 4765.38,

4765.39, 4765.40, 4765.42, 4765.48, 4765.49,

4765.55, 4765.56, 4766.01, 4766.03, 4766.04,

4766.05, 4766.07, 4766.08, 4766.09, 4766.10,

4766.11, 4766.12, 4766.13, 4766.15, 4766.22,

5501.03, 5501.17, 5501.31, 5501.51, 5501.73,

5501.77, 5502.01, 5503.01, 5503.03, 5503.04,

5503.31, 5503.32, 5513.01, 5517.02, 5525.01,

5525.16, 5526.01, 5533.121, 5533.31, 5537.01,

5537.02, 5537.03, 5537.04, 5537.05, 5537.051,

5537.06, 5537.07, 5537.08, 5537.09, 5537.11,

5537.12, 5537.13, 5537.14, 5537.15, 5537.16,

5537.17, 5537.19, 5537.20, 5537.21, 5537.22,

5537.24, 5537.25, 5537.26, 5537.27, 5537.28,

5537.30, 5577.05, 5728.01, 5735.05, 5735.23,

5739.02, 5747.01, 5751.01, 5751.02, 5751.051, and

5751.20; to enact sections 4501.031, 4503.192,

4503.83, 4582.171, 4765.59, 5517.021, 5537.18,

5553.051, and 5577.044 ; and to repeal sections

126.60, 126.601, 126.602, 126.603, 126.604,

126.605, 3791.11, 4766.02, 4766.20, 4981.36,

4981.361, and 5540.151 of the Revised Code; to

amend Section 10 of Am. Sub. H.B. 386 of the 129th

General Assembly; and to amend Sections 203.80 and

203.83 of Sub. H.B. 482 of the 129th General

Assembly; to amend the versions of sections

4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of

the Revised Code that are scheduled to take effect

January 1, 2017, to continue the amendments by

this act on and after that effective date; to make

appropriations for programs related to

transportation and public safety for the biennium

beginning July 1, 2013, and ending June 30, 2015,

and to provide authorization and conditions for

the operation of those programs.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 9.33, 126.06, 126.503, 127.14,	56
153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37, 505.375,	57
505.44, 505.72, 718.01, 2913.01, 2913.02, 2913.51, 2937.221,	58
3354.13, 3355.10, 3357.12, 3705.242, 3791.12, 3791.13, 3791.99,	59
4501.01, 4501.03, 4501.04, 4501.041, 4501.042, 4501.043, 4501.06,	60
4503.03, 4503.04, 4503.042, 4503.07, 4503.103, 4503.11, 4503.19,	61
4503.191, 4503.22, 4503.42, 4503.45, 4503.49, 4504.19, 4504.21,	62
4505.11, 4506.08, 4506.09, 4507.011, 4507.05, 4507.23, 4511.01,	63
4511.13, 4511.21, 4511.61, 4513.263, 4513.34, 4513.53, 4513.66,	64
4517.021, 4561.01, 4561.06, 4561.07, 4561.08, 4561.09, 4561.12,	65
4561.21, 4582.06, 4737.04, 4737.99, 4743.05, 4765.02, 4765.03,	66
4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 4765.10,	67
4765.101, 4765.102, 4765.11, 4765.111, 4765.112, 4765.113,	68
4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, 4765.17,	69
4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 4765.31,	70
4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40, 4765.42,	71
4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 4766.04,	72
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12,	73
4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31, 5501.51	74
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31,	75
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.121,	76
5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051,	77
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13,	78
5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21,	79
5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30,	80
5577.05, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01, 5751.01,	81
5751.02, 5751.051, and 5751.20 be amended, and sections 4501.031,	82
4503.192, 4503.83, 4582.171, 4765.59, 5517.021, 5537.18, 5553.051,	83
and 5577.044 of the Revised Code be enacted to read as follows:	84

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	85
Code:	86

(A) "Construction manager" means a person with substantial	87
discretion and authority to plan, coordinate, manage, and direct	88
all phases of a project for the construction, demolition,	89
alteration, repair, or reconstruction of any public building,	90
structure, or other improvement, but does not mean the person who	91
provides the professional design services or who actually performs	92
the construction, demolition, alteration, repair, or	93
reconstruction work on the project.	94

(B)(1) "Construction manager at risk" means a person with	95
substantial discretion and authority to plan, coordinate, manage,	96
direct, and construct all phases of a project for the	97
construction, demolition, alteration, repair, or reconstruction of	98
any public building, structure, or other improvement and who	99
provides the public authority a guaranteed maximum price as	100
determined in section 9.334 of the Revised Code.	101

(2) As used in division (B)(1) of this section:

102

(a) "Construct" includes performing, or subcontracting for	103
performing, construction, demolition, alteration, repair, or	104
reconstruction.	105

(b) "Manage" includes approving bidders and awarding	106
subcontracts for furnishing materials regarding, or for	107
performing, construction, demolition, alteration, repair, or	108
reconstruction.	109

(C) "Construction management contract" means a contract	110
between a public authority and another person obligating the	111
person to provide construction management services.	112

(D) "Construction management services" or "management	113
services" means the range of services that either a construction	114
manager or a construction manager at risk may provide.	115

(E) "Qualified" means having the following qualifications:

116

(1) Competence to perform the required management services as	117
indicated by the technical training, education, and experience of	118
the construction manager's or construction manager at risk's	119
personnel, especially the technical training, education, and	120
experience of the construction manager's or construction manager	121
at risk's employees who would be assigned to perform the services;	122

(2) Ability in terms of workload and the availability of	123
qualified personnel, equipment, and facilities to perform the	124
required management services competently and expeditiously;	125

(3) Past performance as reflected by the evaluations of	126
previous clients with respect to factors such as control of costs,	127
quality of work, and meeting of deadlines;	128

(4) Financial responsibility as evidenced by the capability	129
to provide a letter of credit pursuant to Chapter 1305. of the	130
Revised Code, a surety bond, certified check, or cashier's check	131
in an amount equal to the value of the construction management	132
contract, or by other means acceptable to the public authority;	133

(5) Other similar factors.

134

(F)(1) "Public authority" means the state, any state	135
institution of higher education as defined in section 3345.011 of	136
the Revised Code, any county, township, municipal corporation,	137
school district, or other political subdivision, or any public	138
agency, authority, board, commission, instrumentality, or special	139
purpose district of the state or of a political subdivision.	140

(2) "Public authority" does not include ~~the Ohio turnpike~~	141
~~commission~~the director of transportation when exercising the	142
director's authority to prepare plans for, acquire rights-of-way	143
for, construct, or maintain roads, highways, or bridges.	144

(G) "Open book pricing method" means a method in which a	145
construction manager at risk provides the public authority, at the	146
public authority's request, all books, records, documents, and	147
other data in its possession pertaining to the bidding, pricing,	148
or performance of a construction management contract awarded to	149
the construction manager at risk.	150

Sec. 126.06. The total operating fund consists of all funds	151
in the state treasury except the auto registration distribution	152
fund, local motor vehicle license tax fund, development bond	153
retirement fund, facilities establishment fund, gasoline excise	154
tax fund, higher education improvement fund, highway improvement	155
bond retirement fund, highway obligations bond retirement fund,	156
highway capital improvement fund, improvements bond retirement	157
fund, mental health facilities improvement fund, parks and	158
recreation improvement fund, public improvements bond retirement	159
fund, school district income tax fund, state agency facilities	160
improvement fund, state and local government highway distribution	161
fund, state highway safety fund, Vietnam conflict compensation	162
fund, any other fund determined by the director of budget and	163
management to be a bond fund or bond retirement fund, and such	164
portion of the highway operating fund as is determined by the	165
director of budget and management and the director of	166
transportation to be restricted by Section 5a of Article XII, Ohio	167
Constitution.	168

When determining the availability of money in the total	169
operating fund to pay claims chargeable to a fund contained within	170
the total operating fund, the director of budget and management	171
shall use the same procedures and criteria the director employs in	172
determining the availability of money in a fund contained within	173
the total operating fund. The director may establish limits on the	174
negative cash balance of the general revenue fund within the total	175
operating fund, but in no case shall the negative cash balance of	176
the general revenue fund exceed ten per cent of the total revenue	177
of the general revenue fund in the preceding fiscal year.	178

Sec. 126.503. All state agencies shall control ~~nonessential~~	179
travel expenses by doing all of the following:	180

(A) Complying with any travel directives issued by the	181
director of budget and management;	182

(B) Using, when possible, the online travel authorization and	183
expense reimbursement process;	184

(C) Conducting meetings, whenever possible and in compliance	185
with section 121.22 of the Revised Code, using conference calls,	186
teleconferences, webinars, or other technology tools;	187

(D) Using fleet vehicles for official state travel whenever	188
possible; and	189

(E) Following restrictions set by the department of	190
administrative services regarding mileage reimbursement pursuant	191
to section 125.832 of the Revised Code.	192

In addition to the methods of travel expense control listed	193
above, a state agency may use a state-contracted rental vehicle	194
provider for employee vehicle travel exceeding one hundred miles.	195

The director of budget and management shall not reimburse any	196
state agency employee for unauthorized travel expenses.	197

Sec. 127.14. The controlling board may, at the request of	198
any state agency or the director of budget and management,	199
authorize, with respect to the provisions of any appropriation	200
act:	201

(A) Transfers of all or part of an appropriation within but	202
not between state agencies, except such transfers as the director	203
of budget and management is authorized by law to make, provided	204
that no transfer shall be made by the director for the purpose of	205
effecting new or changed levels of program service not authorized	206
by the general assembly;	207

(B) Transfers of all or part of an appropriation from one	208
fiscal year to another;	209

(C) Transfers of all or part of an appropriation within or	210
between state agencies made necessary by administrative	211
reorganization or by the abolition of an agency or part of an	212
agency;	213

(D) Transfers of all or part of cash balances in excess of	214
needs from any fund of the state to the general revenue fund or to	215
such other fund of the state to which the money would have been	216
credited in the absence of the fund from which the transfers are	217
authorized to be made, except that the controlling board may not	218
authorize such transfers from the accrued leave liability fund,	219
auto registration distribution fund, local motor vehicle license	220
tax fund, budget stabilization fund, development bond retirement	221
fund, facilities establishment fund, gasoline excise tax fund,	222
general revenue fund, higher education improvement fund, highway	223
improvement bond retirement fund, highway obligations bond	224
retirement fund, highway capital improvement fund, highway	225
operating fund, horse racing tax fund, improvements bond	226
retirement fund, public library fund, liquor control fund, local	227
government fund, local transportation improvement program fund,	228
mental health facilities improvement fund, Ohio fairs fund, parks	229
and recreation improvement fund, public improvements bond	230
retirement fund, school district income tax fund, state agency	231
facilities improvement fund, state and local government highway	232
distribution fund, state highway safety fund, state lottery fund,	233
undivided liquor permit fund, Vietnam conflict compensation bond	234
retirement fund, volunteer fire fighters' dependents fund,	235
waterways safety fund, wildlife fund, workers' compensation fund,	236
or any fund not specified in this division that the director of	237
budget and management determines to be a bond fund or bond	238
retirement fund;	239

(E) Transfers of all or part of those appropriations included	240
in the emergency purposes account of the controlling board;	241

(F) Temporary transfers of all or part of an appropriation or	242
other moneys into and between existing funds, or new funds, as may	243
be established by law when needed for capital outlays for which	244
notes or bonds will be issued;	245

(G) Transfer or release of all or part of an appropriation to	246
a state agency requiring controlling board approval of such	247
transfer or release as provided by law;	248

(H) Temporary transfer of funds included in the emergency	249
purposes appropriation of the controlling board. Such temporary	250
transfers may be made subject to conditions specified by the	251
controlling board at the time temporary transfers are authorized.	252
No transfers shall be made under this division for the purpose of	253
effecting new or changed levels of program service not authorized	254
by the general assembly.	255

As used in this section, "request" means an application by a	256
state agency or the director of budget and management seeking some	257
action by the controlling board.	258

When authorizing the transfer of all or part of an	259
appropriation under this section, the controlling board may	260
authorize the transfer to an existing appropriation item and the	261
creation of and transfer to a new appropriation item.	262

Whenever there is a transfer of all or part of funds included	263
in the emergency purposes appropriation by the controlling board,	264
pursuant to division (E) of this section, the state agency or the	265
director of budget and management receiving such transfer shall	266
keep a detailed record of the use of the transferred funds. At the	267
earliest scheduled meeting of the controlling board following the	268
accomplishment of the purposes specified in the request originally	269
seeking the transfer, or following the total expenditure of the	270
transferred funds for the specified purposes, the state agency or	271
the director of budget and management shall submit a report on the	272
expenditure of such funds to the board. The portion of any	273
appropriation so transferred which is not required to accomplish	274
the purposes designated in the original request to the controlling	275
board shall be returned to the proper appropriation of the	276
controlling board at this time.	277

Notwithstanding any provisions of law providing for the	278
deposit of revenues received by a state agency to the credit of a	279
particular fund in the state treasury, whenever there is a	280
temporary transfer of funds included in the emergency purposes	281
appropriation of the controlling board pursuant to division (H) of	282
this section, revenues received by any state agency receiving such	283
a temporary transfer of funds shall, as directed by the	284
controlling board, be transferred back to the emergency purposes	285
appropriation.	286

The board may delegate to the director of budget and	287
management authority to approve transfers among items of	288
appropriation under division (A) of this section.	289

Sec. 153.01. (A) Whenever any building or structure for the	290
use of the state or any institution supported in whole or in part	291
by the state or in or upon the public works of the state that is	292
administered by the Ohio facilities construction commission or by	293
any other state officer or state agency authorized by law to	294
administer a project, including an educational institution listed	295
in section 3345.50 of the Revised Code, is to be erected or	296
constructed, whenever additions, alterations, or structural or	297
other improvements are to be made, or whenever heating, cooling,	298
or ventilating plants or other equipment is to be installed or	299
material supplied therefor, the estimated cost of which amounts to	300
two hundred thousand dollars or more, or the amount determined	301
pursuant to section 153.53 of the Revised Code or more, each	302
officer, board, or other authority upon which devolves the duty of	303
constructing, erecting, altering, or installing the same, referred	304
to in sections 153.01 to 153.60 of the Revised Code as the public	305
authority, shall cause to be made, by an architect or engineer	306
whose contract of employment shall be prepared and approved by the	307
attorney general, the following:	308

(1) Full and accurate plans, suitable for the use of	309
mechanics and other builders in the construction, improvement,	310
addition, alteration, or installation;	311

(2) Details to scale and full-sized, so drawn and represented	312
as to be easily understood;	313

(3) Definite and complete specifications of the work to be	314
performed, together with directions that will enable a competent	315
mechanic or other builder to carry them out and afford bidders all	316
needful information;	317

(4) A full and accurate estimate of each item of expense and	318
the aggregate cost of those items of expense;	319

(5) A life-cycle cost analysis;

320

(6) Further data as may be required by the Ohio facilities	321
construction commission.	322

(B)(1) Division (A) of this section shall not be required	323
with respect to a construction management contract entered into	324
with a construction manager at risk as described in section 9.334	325
of the Revised Code or a design-build contract entered into with a	326
design-build firm as described in section 153.693 of the Revised	327
Code.	328

(2) Nothing in this chapter shall interfere with the power of	329
the director of transportation to prepare plans for, acquire	330
rights-of-way for, construct, or maintain roads, highways, or	331
bridges, or to let contracts for those purposes.	332

Sec. 153.65. As used in sections 153.65 to 153.73 of the	333
Revised Code:	334

(A)(1) "Public authority" means the state, a state	335
institution of higher education as defined in section 3345.011 of	336
the Revised Code, a county, township, municipal corporation,	337
school district, or other political subdivision, or any public	338
agency, authority, board, commission, instrumentality, or special	339
purpose district of the state or of a political subdivision.	340

(2) "Public authority" does not include ~~the Ohio turnpike~~	341
~~commission~~the director of transportation when exercising the	342
director's authority to prepare plans for, acquire rights-of-way	343
for, construct, or maintain roads, highways, or bridges.	344

(B) "Professional design firm" means any person legally	345
engaged in rendering professional design services.	346

(C) "Professional design services" means services within the	347
scope of practice of an architect or landscape architect	348
registered under Chapter 4703. of the Revised Code or a	349
professional engineer or surveyor registered under Chapter 4733.	350
of the Revised Code.	351

(D) "Qualifications" means all of the following:

352

(1)(a) For a professional design firm, competence to perform	353
the required professional design services as indicated by the	354
technical training, education, and experience of the firm's	355
personnel, especially the technical training, education, and	356
experience of the employees within the firm who would be assigned	357
to perform the services;	358

(b) For a design-build firm, competence to perform the	359
required design-build services as indicated by the technical	360
training, education, and experience of the design-build firm's	361
personnel and key consultants, especially the technical training,	362
education, and experience of the employees and consultants of the	363
design-build firm who would be assigned to perform the services,	364
including the proposed architect or engineer of record.	365

(2) Ability of the firm in terms of its workload and the	366
availability of qualified personnel, equipment, and facilities to	367
perform the required professional design services or design-build	368
services competently and expeditiously;	369

(3) Past performance of the firm as reflected by the	370
evaluations of previous clients with respect to such factors as	371
control of costs, quality of work, and meeting of deadlines;	372

(4) Any other relevant factors as determined by the public	373
authority;	374

(5) With respect to a design-build firm, compliance with	375
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	376
including the use of a licensed design professional for all design	377
services.	378

(E) "Design-build contract" means a contract between a public	379
authority and another person that obligates the person to provide	380
design-build services.	381

(F) "Design-build firm" means a person capable of providing	382
design-build services.	383

(G) "Design-build services" means services that form an	384
integrated delivery system for which a person is responsible to a	385
public authority for both the design and construction, demolition,	386
alteration, repair, or reconstruction of a public improvement.	387

(H) "Architect or engineer of record" means the architect or	388
engineer that serves as the final signatory on the plans and	389
specifications for the design-build project.	390

(I) "Criteria architect or engineer" means the architect or	391
engineer retained by a public authority to prepare conceptual	392
plans and specifications, to assist the public authority in	393
connection with the establishment of the design criteria for a	394
design-build project, and, if requested by the public authority,	395
to serve as the representative of the public authority and	396
provide, during the design-build project, other design and	397
construction administration services on behalf of the public	398
authority, including but not limited to, confirming that the	399
design prepared by the design-build firm reflects the original	400
design intent established in the design criteria package.	401

(J) "Open book pricing method" means a method in which a	402
design-build firm provides the public authority, at the public	403
authority's request, all books, records, documents, contracts,	404
subcontracts, purchase orders, and other data in its possession	405
pertaining to the bidding, pricing, or performance of a contract	406
for design-build services awarded to the design-build firm.	407

Sec. 164.05. (A) The director of the Ohio public works	408
commission shall do all of the following:	409

(1) Approve requests for financial assistance from district	410
public works integrating committees and enter into agreements with	411
one or more local subdivisions to provide loans, grants, and local	412
debt support and credit enhancements for a capital improvement	413
project if the director determines that:	414

(a) The project is an eligible project pursuant to this	415
chapter;	416

(b) The financial assistance for the project has been	417
properly approved and requested by the district committee of the	418
district which includes the recipient of the loan or grant;	419

(c) The amount of the financial assistance, when added to all	420
other financial assistance provided during the fiscal year for	421
projects within the district, does not exceed that district's	422
allocation of money from the state capital improvements fund for	423
that fiscal year;	424

(d) The district committee has provided such documentation	425
and other evidence as the director may require that the district	426
committee has satisfied the requirements of section 164.06 or	427
164.14 of the Revised Code;	428

(e) The portion of a district's annual allocation which the	429
director approves in the form of loans and local debt support and	430
credit enhancements for eligible projects is consistent with	431
divisions (E) and (F) of this section.	432

(2) Authorize payments to local subdivisions or their	433
contractors for costs incurred for capital improvement projects	434
which have been approved pursuant to this chapter. All requests	435
for payments shall be submitted to the director on forms and in	436
accordance with procedures specified in rules adopted by the	437
director pursuant to division (A)(4) of this section.	438

(3) Retain the services of or employ financial consultants,	439
engineers, accountants, attorneys, and such other employees as the	440
director determines are necessary to carry out the director's	441
duties under this chapter and fix the compensation for their	442
services;. From among these employees, the director shall appoint	443
a deputy with the necessary qualifications to act as the director	444
when the director is absent or temporarily unable to carry out the	445
duties of office.	446

(4) Adopt rules establishing the procedures for making	447
applications, reviewing, approving, and rejecting projects for	448
which assistance is authorized under this chapter, and any other	449
rules needed to implement the provisions of this chapter. Such	450
rules shall be adopted under Chapter 119. of the Revised Code.	451

(5) Provide information and other assistance to local	452
subdivisions and district public works integrating committees in	453
developing their requests for financial assistance for capital	454
improvements under this chapter and encourage cooperation and	455
coordination of requests and the development of multisubdivision	456
and multidistrict projects in order to maximize the benefits that	457
may be derived by districts from each year's allocation;	458

(6) Require local subdivisions, to the extent practicable, to	459
use Ohio products, materials, services, and labor in connection	460
with any capital improvement project financed in whole or in part	461
under this chapter;	462

(7) Notify the director of budget and management of all	463
approved projects, and supply all information necessary to track	464
approved projects through the state accounting system;	465

(8) Appoint the administrator of the Ohio small government	466
capital improvements commission;	467

(9) Do all other acts, enter into contracts, and execute all	468
instruments necessary or appropriate to carry out this chapter;	469

(10) Develop a standardized methodology for evaluating	470
capital improvement needs which will be used by local subdivisions	471
in preparing the plans required by division (C) of section 164.06	472
of the Revised Code. The director shall develop this methodology	473
not later than July 1, 1991.	474

(11) Establish a program to provide local subdivisions with	475
technical assistance in preparing project applications. The	476
program shall be designed to assist local subdivisions that lack	477
the financial or technical resources to prepare project	478
applications on their own.	479

(B) When the director of the Ohio public works commission	480
decides to conditionally approve or disapprove projects, the	481
director's decisions and the reasons for which they are made shall	482
be made in writing. These written decisions shall be conclusive	483
for the purposes of the validity and enforceability of such	484
determinations.	485

(C) Fees, charges, rates of interest, times of payment of	486
interest and principal, and other terms, conditions, and	487
provisions of and security for financial assistance provided	488
pursuant to the provisions of this chapter shall be such as the	489
director determines to be appropriate. If any payments required by	490
a loan agreement entered into pursuant to this chapter are not	491
paid, the funds which would otherwise be apportioned to the local	492
subdivision from the county undivided local government fund,	493
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	494
at the direction of the director of the Ohio public works	495
commission, be reduced by the amount payable. The county treasurer	496
shall, at the direction of the director, pay the amount of such	497
reductions to the state capital improvements revolving loan fund.	498
The director may renegotiate a loan repayment schedule with a	499
local subdivision whose payments from the county undivided local	500
government fund could be reduced pursuant to this division, but	501
such a renegotiation may occur only one time with respect to any	502
particular loan agreement.	503

(D) Grants approved for the repair and replacement of	504
existing infrastructure pursuant to this chapter shall not exceed	505
ninety per cent of the estimated total cost of the capital	506
improvement project. Grants approved for new or expanded	507
infrastructure shall not exceed fifty per cent of the estimated	508
cost of the new or expansion elements of the capital improvement	509
project. A local subdivision share of the estimated cost of a	510
capital improvement may consist of any of the following:	511

(1) The reasonable value, as determined by the director or	512
the administrator, of labor, materials, and equipment that will be	513
contributed by the local subdivision in performing the capital	514
improvement project;	515

(2) Moneys received by the local subdivision in any form from	516
an authority, commission, or agency of the United States for use	517
in performing the capital improvement project;	518

(3) Loans made to the local subdivision under this chapter;

519

(4) Engineering costs incurred by the local subdivision in	520
performing engineering activities related to the project.	521

A local subdivision share of the cost of a capital	522
improvement shall not include any amounts awarded to it from the	523
local transportation improvement program fund created in section	524
164.14 of the Revised Code.	525

(E) The following portion of a district public works	526
integrating committee's annual allocation share pursuant to	527
section 164.08 of the Revised Code may be awarded to subdivisions	528
only in the form of interest-free, low-interest, market rate of	529
interest, or blended-rate loans:	530

YEAR IN WHICH	PORTION USED FOR	531
MONEYS ARE ALLOCATED	LOANS	532
Year 1	0%	533
Year 2	0%	534
Year 3	10%	535
Year 4	12%	536
Year 5	15%	537
Year 6	20%	538
Year 7, 8, 9, and 10	22%	539

(F) The following portion of a district public works	540
integrating committee's annual allocation pursuant to section	541
164.08 of the Revised Code shall be awarded to subdivisions in the	542
form of local debt supported and credit enhancements:	543

	PORTIONS USED FOR	544
YEAR IN WHICH	LOCAL DEBT SUPPORT	545
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	546
Year 1	0%	547
Year 2	0%	548
Year 3	3%	549
Year 4	5%	550
Year 5	5%	551
Year 6	7%	552
Year 7	7%	553
Year 8	8%	554
Year 9	8%	555
Year 10	8%	556

(G) For the period commencing on March 29, 1988, and ending	557
on June 30, 1993, for the period commencing July 1, 1993, and	558
ending June 30, 1999, and for each five-year period thereafter,	559
the total amount of financial assistance awarded under sections	560
164.01 to 164.08 of the Revised Code for capital improvement	561
projects located wholly or partially within a county shall be	562
equal to at least thirty per cent of the amount of what the county	563
would have been allocated from the obligations authorized to be	564
sold under this chapter during each period, if such amounts had	565
been allocable to each county on a per capita basis.	566

(H) The amount of the annual allocations made pursuant to	567
divisions (B)(1) and (5) of section 164.08 of the Revised Code	568
which can be used for new or expanded infrastructure is limited as	569
follows:	570

	PORTION WHICH MAY	571
YEAR IN WHICH	BE USED FOR NEW OR	572
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	573
Year 1	5%	574
Year 2	5%	575
Year 3	10%	576
Year 4	10%	577
Year 5	10%	578
Year 6	15%	579
Year 7	15%	580
Year 8	20%	581
Year 9	20%	582
Year 10 and each year		583
thereafter	20%	584

(I) The following portion of a district public works	585
integrating committee's annual allocation share pursuant to	586
section 164.08 of the Revised Code shall be awarded to	587
subdivisions in the form of interest-free, low-interest, market	588
rate of interest, or blended-rate loans, or local debt support and	589
credit enhancements:	590

	PORTION USED FOR LOANS	591
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	592
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	593
Year 11 and each year		594
thereafter	20%	595

(J) No project shall be approved under this section unless	596
the project is designed to have a useful life of at least seven	597
years. In addition, the average useful life of all projects for	598
which grants or loans are awarded in each district during a	599
program year shall not be less than twenty years.	600

Sec. 307.05. As used in this section, "emergency medical	601
service organization" has the same meaning as in section 4765.01	602
of the Revised Code.	603

A board of county commissioners may operate an ambulance	604
service organization or emergency medical service organization,	605
or, in counties with a population of forty thousand or less, may	606
operate a nonemergency patient transport service organization, or	607
may enter into a contract with one or more counties, townships,	608
municipal corporations, nonprofit corporations, joint emergency	609
medical services districts, fire and ambulance districts, or	610
private ambulance owners, regardless of whether such counties,	611
townships, municipal corporations, nonprofit corporations, joint	612
emergency medical services districts, fire and ambulance	613
districts, or private ambulance owners are located within or	614
without the state, in order to furnish or obtain the services of	615
ambulance service organizations, to furnish or obtain additional	616
services from ambulance service organizations in times of	617
emergency, to furnish or obtain the services of emergency medical	618
service organizations, or, in counties with a population of forty	619
thousand or less, to furnish or obtain services of nonemergency	620
patient transport service organizations, or may enter into a	621
contract with any such entity to furnish or obtain the interchange	622
of services from ambulance or emergency medical service	623
organizations, or, within counties with a population of forty	624
thousand or less, to furnish or obtain the interchange of services	625
from nonemergency patient transport service organizations, within	626
the territories of the contracting subdivisions. Except in the	627
case of a contract with a joint emergency medical services	628
district to obtain the services of emergency medical service	629
organizations, such contracts shall not be entered into with a	630
public agency or nonprofit corporation that receives more than	631
half of its operating funds from governmental entities with the	632
intention of directly competing with the operation of other	633
ambulance service organizations, nonemergency patient transport	634
service organizations, or emergency medical service organizations	635
in the county unless the public agency or nonprofit corporation is	636
awarded the contract after submitting the lowest and best bid to	637
the board of county commissioners. Any county wishing to commence	638
operation of a nonemergency patient transport service organization	639
or wishing to enter into a contract for the first time to furnish	640
or obtain services from a nonemergency patient transport service	641
organization on or after March 1, 1993, including a county in	642
which a private provider has been providing the service, shall	643
demonstrate the need for public funding for the service to, and	644
obtain approval from, the state board of emergency medical, fire,	645
and transportation services or its immediate successor board prior	646
to operating or funding the organization.	647

When such an organization is operated by the board, the	648
organization may be administered by the board, by the county	649
sheriff, or by another county officer or employee designated by	650
the board. All rules, including the determining of reasonable	651
rates, necessary for the establishment, operation, and maintenance	652
of such an organization shall be adopted by the board.	653

A contract for services of an ambulance service, nonemergency	654
patient transport service, or emergency medical service	655
organization shall include the terms, conditions, and stipulations	656
as agreed to by the parties to the contract. It may provide for a	657
fixed annual charge to be paid at the times agreed upon and	658
stipulated in the contract, or for compensation based upon a	659
stipulated price for each run, call, or emergency or the number of	660
persons or pieces of apparatus employed, or the elapsed time of	661
service required in such run, call, or emergency, or any	662
combination thereof.	663

Sec. 307.051. As used in this section, "emergency medical	664
service organization" has the same meaning as in section 4766.01	665
of the Revised Code.	666

A board of county commissioners, by adoption of an	667
appropriate resolution, may choose to have the ~~Ohio~~state board of	668
emergency medical, fire, and transportation ~~board~~services license	669
any emergency medical service organization it operates. If a board	670
adopts such a resolution, Chapter 4766. of the Revised Code,	671
except for sections 4766.06 and 4766.99 of the Revised Code,	672
applies to the county emergency medical service organization. All	673
rules adopted under the applicable sections of that chapter also	674
apply to the organization. A board, by adoption of an appropriate	675
resolution, may remove its emergency medical service organization	676
from the jurisdiction of the ~~Ohio~~state board of emergency	677
medical, fire, and transportation ~~board~~services.	678

Sec. 307.055. (A) Subject to the terms and conditions of the	679
joint resolution creating it, each joint emergency medical	680
services district may furnish ambulance services and emergency	681
medical services by one of the following methods:	682

(1) By operating an emergency medical service organization as	683
defined in section 4765.01 of the Revised Code;	684

(2) By contracting for the operation of one or more	685
facilities pursuant to division (C) or (D) of this section;	686

(3) By providing necessary services and equipment to the	687
district either directly or under a contract entered into pursuant	688
to division (B) of this section;	689

(4) By providing service through any combination of methods	690
described in divisions (A)(1) to (3) of this section.	691

(B) In order to obtain ambulance service, to obtain	692
additional ambulance service in times of emergency, or to obtain	693
emergency medical services, a joint emergency medical services	694
district may enter into a contract, for a period not to exceed	695
three years, with one or more counties, townships, municipal	696
corporations, joint fire districts, other governmental units that	697
provide ambulance service or emergency medical services, nonprofit	698
corporations, or private ambulance owners, regardless of whether	699
the entities contracted with are located within or outside this	700
state, upon such terms as are agreed to, to furnish or receive	701
ambulance services or the interchange of ambulance services or	702
emergency medical services within the several territories of the	703
contracting subdivisions, if the contract is first authorized by	704
all boards of trustees and legislative authorities in the	705
territories to be served.	706

Such a contract may provide for a fixed annual charge to be	707
paid at the times agreed upon and stipulated in the contract; or	708
for compensation based on a stipulated price for each run, call,	709
or emergency or based on the elapsed time of service required for	710
each run, call, or emergency, or based on any combination of	711
these.	712

Expenditures of a district for ambulance service or emergency	713
medical service, whether pursuant to contract or otherwise, are	714
lawful expenditures, regardless of whether the district or the	715
party with which it contracts charges an additional fee to users	716
of the service.	717

(C) The board of trustees may enter into a contract with any	718
person, municipal corporation, township, or other political	719
subdivision, and any political subdivision may contract with the	720
board, for the operation and maintenance of emergency medical	721
services facilities regardless of whether the facilities used are	722
owned or leased by the district, by another political subdivision,	723
or by the contractor.	724

(D) The district may purchase, lease, and maintain all	725
materials, buildings, land, and equipment, including vehicles, the	726
board considers necessary for the district.	727

When the board finds, by resolution, that the district has	728
personal property that is not needed for public use, or is	729
obsolete or unfit for the use for which it was acquired, the board	730
may dispose of the property in the same manner as provided in	731
section 307.12 of the Revised Code.	732

(E) Except in the case of a contract with a board of county	733
commissioners for the provision of services of an emergency	734
medical service organization, any contract entered into by a joint	735
emergency medical services district shall conform to the same	736
bidding requirements that apply to county contracts under sections	737
307.86 to 307.92 of the Revised Code.	738

(F) A county participating in a joint district may contribute	739
any of its rights or interests in real or personal property,	740
including money, and may contribute services to the district. Any	741
such contributions shall be made by a written agreement between	742
the contributing county and the district, specifying the	743
contribution as well as the rights of the participating counties	744
in the contributed property. Written agreements shall also be	745
prepared specifying the rights of participating counties in	746
property acquired by the district other than by contribution of a	747
participating county. Written agreements required by this division	748
may be amended only by written agreement of all parties to the	749
original agreement.	750

(G) A district's board of trustees, by adoption of an	751
appropriate resolution, may choose to have the ~~Ohio~~state board of	752
emergency medical, fire, and transportation ~~board~~services license	753
any emergency medical service organization the district operates.	754
If a board adopts such a resolution, Chapter 4766. of the Revised	755
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	756
applies to the district emergency medical service organization.	757
All rules adopted under the applicable sections of that chapter	758
also apply to the organization. A board, by adoption of an	759
appropriate resolution, may remove the district emergency medical	760
service organization from the jurisdiction of the ~~Ohio~~state board	761
of emergency medical, fire, and transportation ~~board~~services.	762

Sec. 505.37. (A) The board of township trustees may	763
establish all necessary rules to guard against the occurrence of	764
fires and to protect the property and lives of the citizens	765
against damage and accidents, and may, with the approval of the	766
specifications by the prosecuting attorney or, if the township has	767
adopted limited home rule government under Chapter 504. of the	768
Revised Code, with the approval of the specifications by the	769
township's law director, purchase, lease, lease with an option to	770
purchase, or otherwise provide any fire apparatus, mechanical	771
resuscitators, or other equipment, appliances, materials, fire	772
hydrants, and water supply for fire-fighting purposes that seems	773
advisable to the board. The board shall provide for the care and	774
maintenance of fire equipment, and, for these purposes, may	775
purchase, lease, lease with an option to purchase, or construct	776
and maintain necessary buildings, and it may establish and	777
maintain lines of fire-alarm communications within the limits of	778
the township. The board may employ one or more persons to maintain	779
and operate fire-fighting equipment, or it may enter into an	780
agreement with a volunteer fire company for the use and operation	781
of fire-fighting equipment. The board may compensate the members	782
of a volunteer fire company on any basis and in any amount that it	783
considers equitable.	784

When the estimated cost to purchase fire apparatus,	785
mechanical resuscitators, other equipment, appliances, materials,	786
fire hydrants, buildings, or fire-alarm communications equipment	787
or services exceeds fifty thousand dollars, the contract shall be	788
let by competitive bidding. When competitive bidding is required,	789
the board shall advertise once a week for not less than two	790
consecutive weeks in a newspaper of general circulation within the	791
township. The board may also cause notice to be inserted in trade	792
papers or other publications designated by it or to be distributed	793
by electronic means, including posting the notice on the board's	794
internet web site. If the board posts the notice on its web site,	795
it may eliminate the second notice otherwise required to be	796
published in a newspaper of general circulation within the	797
township, provided that the first notice published in such	798
newspaper meets all of the following requirements:	799

(1) It is published at least two weeks before the opening of	800
bids.	801

(2) It includes a statement that the notice is posted on the	802
board's internet web site.	803

(3) It includes the internet address of the board's internet	804
web site.	805

(4) It includes instructions describing how the notice may be	806
accessed on the board's internet web site.	807

The advertisement shall include the time, date, and place	808
where the clerk of the township, or the clerk's designee, will	809
read bids publicly. The time, date, and place of bid openings may	810
be extended to a later date by the board of township trustees,	811
provided that written or oral notice of the change shall be given	812
to all persons who have received or requested specifications not	813
later than ninety-six hours prior to the original time and date	814
fixed for the opening. The board may reject all the bids or accept	815
the lowest and best bid, provided that the successful bidder meets	816
the requirements of section 153.54 of the Revised Code when the	817
contract is for the construction, demolition, alteration, repair,	818
or reconstruction of an improvement.	819

(B) The boards of township trustees of any two or more	820
townships, or the legislative authorities of any two or more	821
political subdivisions, or any combination of these, may, through	822
joint action, unite in the joint purchase, lease, lease with an	823
option to purchase, maintenance, use, and operation of	824
fire-fighting equipment, or for any other purpose designated in	825
sections 505.37 to 505.42 of the Revised Code, and may prorate the	826
expense of the joint action on any terms that are mutually agreed	827
upon.	828

(C) The board of township trustees of any township may, by	829
resolution, whenever it is expedient and necessary to guard	830
against the occurrence of fires or to protect the property and	831
lives of the citizens against damages resulting from their	832
occurrence, create a fire district of any portions of the township	833
that it considers necessary. The board may purchase, lease, lease	834
with an option to purchase, or otherwise provide any fire	835
apparatus, appliances, materials, fire hydrants, and water supply	836
for fire-fighting purposes, or may contract for the fire	837
protection for the fire district as provided in section 9.60 of	838
the Revised Code. The fire district so created shall be given a	839
separate name by which it shall be known.	840

Additional unincorporated territory of the township may be	841
added to a fire district upon the board's adoption of a resolution	842
authorizing the addition. A municipal corporation that is within	843
or adjoining the township may be added to a fire district upon the	844
board's adoption of a resolution authorizing the addition and the	845
municipal legislative authority's adoption of a resolution or	846
ordinance requesting the addition of the municipal corporation to	847
the fire district.	848

If the township fire district imposes a tax, additional	849
unincorporated territory of the township or a municipal	850
corporation that is within or adjoining the township shall become	851
part of the fire district only after all of the following have	852
occurred:	853

(1) Adoption by the board of township trustees of a	854
resolution approving the expansion of the territorial limits of	855
the district and, if the resolution proposes to add a municipal	856
corporation, adoption by the municipal legislative authority of a	857
resolution or ordinance requesting the addition of the municipal	858
corporation to the district;	859

(2) Adoption by the board of township trustees of a	860
resolution recommending the extension of the tax to the additional	861
territory;	862

(3) Approval of the tax by the electors of the territory	863
proposed for addition to the district.	864

Each resolution of the board adopted under division (C)(2) of	865
this section shall state the name of the fire district, a	866
description of the territory to be added, and the rate and	867
termination date of the tax, which shall be the rate and	868
termination date of the tax currently in effect in the fire	869
district.	870

The board of trustees shall certify each resolution adopted	871
under division (C)(2) of this section to the board of elections in	872
accordance with section 5705.19 of the Revised Code. The election	873
required under division (C)(3) of this section shall be held,	874
canvassed, and certified in the manner provided for the submission	875
of tax levies under section 5705.25 of the Revised Code, except	876
that the question appearing on the ballot shall read:	877

"Shall the territory within ........................	878
(description of the proposed territory to be added) be added to	879
........................ (name) fire district, and a property tax	880
at a rate of taxation not exceeding ...... (here insert tax rate)	881
be in effect for .......... (here insert the number of years the	882
tax is to be in effect or "a continuing period of time," as	883
applicable)?"	884

If the question is approved by at least a majority of the	885
electors voting on it, the joinder shall be effective as of the	886
first day of July of the year following approval, and on that	887
date, the township fire district tax shall be extended to the	888
taxable property within the territory that has been added. If the	889
territory that has been added is a municipal corporation and if it	890
had adopted a tax levy for fire purposes, the levy is terminated	891
on the effective date of the joinder.	892

Any municipal corporation may withdraw from a township fire	893
district created under division (C) of this section by the	894
adoption by the municipal legislative authority of a resolution or	895
ordinance ordering withdrawal. On the first day of July of the	896
year following the adoption of the resolution or ordinance of	897
withdrawal, the municipal corporation withdrawing ceases to be a	898
part of the district, and the power of the fire district to levy a	899
tax upon taxable property in the withdrawing municipal corporation	900
terminates, except that the fire district shall continue to levy	901
and collect taxes for the payment of indebtedness within the	902
territory of the fire district as it was composed at the time the	903
indebtedness was incurred.	904

Upon the withdrawal of any municipal corporation from a	905
township fire district created under division (C) of this section,	906
the county auditor shall ascertain, apportion, and order a	907
division of the funds on hand, moneys and taxes in the process of	908
collection except for taxes levied for the payment of	909
indebtedness, credits, and real and personal property, either in	910
money or in kind, on the basis of the valuation of the respective	911
tax duplicates of the withdrawing municipal corporation and the	912
remaining territory of the fire district.	913

A board of township trustees may remove unincorporated	914
territory of the township from the fire district upon the adoption	915
of a resolution authorizing the removal. On the first day of July	916
of the year following the adoption of the resolution, the	917
unincorporated township territory described in the resolution	918
ceases to be a part of the district, and the power of the fire	919
district to levy a tax upon taxable property in that territory	920
terminates, except that the fire district shall continue to levy	921
and collect taxes for the payment of indebtedness within the	922
territory of the fire district as it was composed at the time the	923
indebtedness was incurred.	924

(D) The board of township trustees of any township, the board	925
of fire district trustees of a fire district created under section	926
505.371 of the Revised Code, or the legislative authority of any	927
municipal corporation may purchase, lease, or lease with an option	928
to purchase the necessary fire-fighting equipment, buildings, and	929
sites for the township, fire district, or municipal corporation	930
and issue securities for that purpose with maximum maturities as	931
provided in section 133.20 of the Revised Code. The board of	932
township trustees, board of fire district trustees, or legislative	933
authority may also construct any buildings necessary to house	934
fire-fighting equipment and issue securities for that purpose with	935
maximum maturities as provided in section 133.20 of the Revised	936
Code.	937

The board of township trustees, board of fire district	938
trustees, or legislative authority may issue the securities of the	939
township, fire district, or municipal corporation, signed by the	940
board or designated officer of the municipal corporation and	941
attested by the signature of the township fiscal officer, fire	942
district clerk, or municipal clerk, covering any deferred payments	943
and payable at the times provided, which securities shall bear	944
interest not to exceed the rate determined as provided in section	945
9.95 of the Revised Code, and shall not be subject to Chapter 133.	946
of the Revised Code. The legislation authorizing the issuance of	947
the securities shall provide for levying and collecting annually	948
by taxation, amounts sufficient to pay the interest on and	949
principal of the securities. The securities shall be offered for	950
sale on the open market or given to the vendor or contractor if no	951
sale is made.	952

Section 505.40 of the Revised Code does not apply to any	953
securities issued, or any lease with an option to purchase entered	954
into, in accordance with this division.	955

(E) A board of township trustees of any township or a board	956
of fire district trustees of a fire district created under section	957
505.371 of the Revised Code may purchase a policy or policies of	958
liability insurance for the officers, employees, and appointees of	959
the fire department, fire district, or joint fire district	960
governed by the board that includes personal injury liability	961
coverage as to the civil liability of those officers, employees,	962
and appointees for false arrest, detention, or imprisonment,	963
malicious prosecution, libel, slander, defamation or other	964
violation of the right of privacy, wrongful entry or eviction, or	965
other invasion of the right of private occupancy, arising out of	966
the performance of their duties.	967

When a board of township trustees cannot, by deed of gift or	968
by purchase and upon terms it considers reasonable, procure land	969
for a township fire station that is needed in order to respond in	970
reasonable time to a fire or medical emergency, the board may	971
appropriate land for that purpose under sections 163.01 to 163.22	972
of the Revised Code. If it is necessary to acquire additional	973
adjacent land for enlarging or improving the fire station, the	974
board may purchase, appropriate, or accept a deed of gift for the	975
land for these purposes.	976

(F) As used in this division, "emergency medical service	977
organization" has the same meaning as in section 4766.01 of the	978
Revised Code.	979

A board of township trustees, by adoption of an appropriate	980
resolution, may choose to have the ~~Ohio~~state board of emergency	981
medical, fire, and transportation ~~board~~services license any	982
emergency medical service organization it operates. If the board	983
adopts such a resolution, Chapter 4766. of the Revised Code,	984
except for sections 4766.06 and 4766.99 of the Revised Code,	985
applies to the organization. All rules adopted under the	986
applicable sections of that chapter also apply to the	987
organization. A board of township trustees, by adoption of an	988
appropriate resolution, may remove its emergency medical service	989
organization from the jurisdiction of the ~~Ohio~~state board of	990
emergency medical, fire, and transportation ~~board~~services.	991

Sec. 505.375. (A)(1)(a) The boards of township trustees of	992
one or more townships and the legislative authorities of one or	993
more municipal corporations, or the legislative authorities of two	994
or more municipal corporations, or the boards of township trustees	995
of two or more townships, may negotiate an agreement to form a	996
fire and ambulance district for the delivery of both fire and	997
ambulance services. The agreement shall be ratified by the	998
adoption of a joint resolution by a majority of the members of	999
each board of township trustees involved and a majority of the	1000
members of the legislative authority of each municipal corporation	1001
involved. The joint resolution shall specify a date on which the	1002
fire and ambulance district shall come into being.	1003

(b) If a joint fire district created under section 505.371 of	1004
the Revised Code or a joint ambulance district created under	1005
section 505.71 of the Revised Code is dissolved to facilitate the	1006
creation of a fire and ambulance district under division (A)(1)(a)	1007
of this section, the townships and municipal corporations forming	1008
the fire and ambulance district may transfer to the fire and	1009
ambulance district any of the funds on hand, moneys and taxes in	1010
the process of collection, credits, and real and personal property	1011
apportioned to them under division (D) of section 505.371 of the	1012
Revised Code or section 505.71 of the Revised Code, as applicable,	1013
for use by the fire and ambulance district in accordance with this	1014
section.	1015

(2)(a) The board of trustees of a joint ambulance district	1016
created under section 505.71 of the Revised Code and the board of	1017
fire district trustees of a joint fire district created under	1018
section 505.371 of the Revised Code may negotiate to combine their	1019
two joint districts into a single fire and ambulance district for	1020
the delivery of both fire and ambulance services, if the	1021
geographic area covered by the combining joint districts is	1022
exactly the same. Both boards shall adopt a joint resolution	1023
ratifying the agreement and setting a date on which the fire and	1024
ambulance district shall come into being.	1025

(b) On that date, the joint fire district and the joint	1026
ambulance district shall cease to exist, and the power of each to	1027
levy a tax upon taxable property shall terminate, except that any	1028
levy of a tax for the payment of indebtedness within the territory	1029
of the joint fire or joint ambulance district as it was composed	1030
at the time the indebtedness was incurred shall continue to be	1031
collected by the successor fire and ambulance district if the	1032
indebtedness remains unpaid. All funds and other property of the	1033
joint districts shall become the property of the fire and	1034
ambulance district, unless otherwise provided in the negotiated	1035
agreement. The agreement shall provide for the settlement of all	1036
debts and obligations of the joint districts.	1037

(B)(1) The governing body of a fire and ambulance district	1038
created under division (A)(1) or (2) of this section shall be a	1039
board of trustees of at least three but no more than nine members,	1040
appointed as provided in the agreement creating the district.	1041
Members of the board may be compensated at a rate not to exceed	1042
thirty dollars per meeting for not more than fifteen meetings per	1043
year, and may be reimbursed for all necessary expenses incurred,	1044
as provided in the agreement creating the district.	1045

(2) The board shall employ a clerk and other employees as it	1046
considers best, including a fire chief or fire prevention	1047
officers, and shall fix their compensation. Neither this section	1048
nor any other section of the Revised Code requires, or shall be	1049
construed to require, that the fire chief of a fire and ambulance	1050
district be a resident of the district.	1051

Before entering upon the duties of office, the clerk shall	1052
execute a bond, in the amount and with surety to be approved by	1053
the board, payable to the state, conditioned for the faithful	1054
performance of all of the clerk's official duties. The clerk shall	1055
deposit the bond with the presiding officer of the board, who	1056
shall file a copy of it, certified by the presiding officer, with	1057
the county auditor of the county containing the most territory in	1058
the district.	1059

The board also shall provide for the appointment of a fiscal	1060
officer for the district and may enter into agreements with	1061
volunteer fire companies for the use and operation of	1062
fire-fighting equipment. Volunteer firefighters acting under such	1063
an agreement are subject to the requirements for volunteer	1064
firefighters set forth in division (A) of section 505.38 of the	1065
Revised Code.	1066

(3) Employees of the district shall not be removed from	1067
office except as provided by sections 733.35 to 733.39 of the	1068
Revised Code, except that, to initiate removal proceedings, the	1069
board shall designate a private citizen or, if the employee is	1070
employed as a firefighter, the board may designate the fire chief,	1071
to investigate, conduct the proceedings, and prepare the necessary	1072
charges in conformity with those sections, and except that the	1073
board shall perform the functions and duties specified for the	1074
municipal legislative authority under those sections. The board	1075
may pay reasonable compensation to any private citizen hired for	1076
services rendered in the matter.	1077

(4) No person shall be appointed as a permanent full-time	1078
paid member of the district whose duties include fire fighting, or	1079
be appointed as a volunteer firefighter, unless that person has	1080
received a certificate issued under former section 3303.07 or	1081
section 4765.55 of the Revised Code evidencing satisfactory	1082
completion of a firefighter training program. The board may send	1083
its officers and firefighters to schools of instruction designed	1084
to promote the efficiency of firefighters and, if authorized in	1085
advance, may pay their necessary expenses from the funds used for	1086
the maintenance and operation of the district.	1087

The board may choose, by adoption of an appropriate	1088
resolution, to have the ~~Ohio~~state board of emergency medical,	1089
fire, and transportation ~~board~~services license any emergency	1090
medical service organization it operates. If the board adopts such	1091
a resolution, Chapter 4766. of the Revised Code, except for	1092
sections 4766.06 and 4766.99 of the Revised Code, applies to the	1093
organization. All rules adopted under the applicable sections of	1094
that chapter also apply to the organization. The board may remove,	1095
by resolution, its emergency medical service organization from the	1096
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	1097
and transportation ~~board~~services.	1098

(C) The board of trustees of a fire and ambulance district	1099
created under division (A)(1) or (2) of this section may exercise	1100
the following powers:	1101

(1) Purchase or otherwise provide any fire apparatus,	1102
mechanical resuscitators, or other fire or ambulance equipment,	1103
appliances, or materials; fire hydrants; and water supply for	1104
firefighting purposes that seems advisable to the board;	1105

(2) Provide for the care and maintenance of equipment and,	1106
for that purpose, purchase, lease, lease with an option to	1107
purchase, or construct and maintain necessary buildings;	1108

(3) Establish and maintain lines of fire-alarm communications	1109
within the limits of the district;	1110

(4) Appropriate land for a fire station or medical emergency	1111
unit needed in order to respond in reasonable time to a fire or	1112
medical emergency, in accordance with Chapter 163. of the Revised	1113
Code;	1114

(5) Purchase, appropriate, or accept a deed or gift of land	1115
to enlarge or improve a fire station or medical emergency unit;	1116

(6) Purchase, lease, lease with an option to purchase,	1117
maintain, and use all materials, equipment, vehicles, buildings,	1118
and land necessary to perform its duties;	1119

(7) Contract for a period not to exceed three years with one	1120
or more townships, municipal corporations, counties, joint fire	1121
districts, joint ambulance districts, governmental agencies,	1122
nonprofit corporations, or private ambulance owners located either	1123
within or outside the state, to furnish or receive ambulance	1124
services or emergency medical services within the several	1125
territories of the contracting parties, if the contract is first	1126
authorized by all boards of trustees and legislative authorities	1127
concerned;	1128

(8) Establish reasonable charges for the use of ambulance or	1129
emergency medical services under the same conditions under which a	1130
board of fire district trustees may establish those charges under	1131
section 505.371 of the Revised Code;	1132

(9) Establish all necessary rules to guard against the	1133
occurrence of fires and to protect property and lives against	1134
damage and accidents;	1135

(10) Adopt a standard code pertaining to fire, fire hazards,	1136
and fire prevention prepared and promulgated by the state or by a	1137
public or private organization that publishes a model or standard	1138
code;	1139

(11) Provide for charges for false alarms at commercial	1140
establishments in the same manner as joint fire districts are	1141
authorized to do under section 505.391 of the Revised Code;	1142

(12) Issue bonds and other evidences of indebtedness, subject	1143
to Chapter 133. of the Revised Code, but only after approval by a	1144
vote of the electors of the district as provided by section 133.18	1145
of the Revised Code;	1146

(13) To provide the services and equipment it considers	1147
necessary, levy a sufficient tax, subject to Chapter 5705. of the	1148
Revised Code, on all the taxable property in the district.	1149

(D) Any municipal corporation or township may join an	1150
existing fire and ambulance district, whether created under	1151
division (A)(1) or (2) of this section, by its legislative	1152
authority's adoption of a resolution requesting the membership and	1153
upon approval of the board of trustees of the district. Any	1154
municipal corporation or township may withdraw from a district,	1155
whether created under division (A)(1) or (2) of this section, by	1156
its legislative authority's adoption of a resolution ordering	1157
withdrawal. Upon its withdrawal, the municipal corporation or	1158
township ceases to be a part of the district, and the district's	1159
power to levy a tax on taxable property in the withdrawing	1160
township or municipal corporation terminates, except that the	1161
district shall continue to levy and collect taxes for the payment	1162
of indebtedness within the territory of the district as it was	1163
composed at the time the indebtedness was incurred.	1164

Upon the withdrawal of any township or municipal corporation	1165
from a district, the county auditor of the county containing the	1166
most territory in the district shall ascertain, apportion, and	1167
order a division of the funds on hand, including funds in the	1168
ambulance and emergency medical services fund, moneys and taxes in	1169
the process of collection, except for taxes levied for the payment	1170
of indebtedness, credits, and real and personal property on the	1171
basis of the valuation of the respective tax duplicates of the	1172
withdrawing municipal corporation or township and the remaining	1173
territory of the district.	1174

(E) As used in this section:

1175

(1) "Governmental agency" includes all departments, boards,	1176
offices, commissions, agencies, colleges, universities,	1177
institutions, and other instrumentalities of this or another	1178
state.	1179

(2) "Emergency medical service organization" has the same	1180
meaning as in section 4766.01 of the Revised Code.	1181

Sec. 505.44. As used in this section:

1182

(A) "Emergency medical service organization" has the same	1183
meaning as in section 4765.01 of the Revised Code.	1184

(B) "State agency" means all departments, boards, offices,	1185
commissions, agencies, colleges, universities, institutions, and	1186
other instrumentalities of this or another state.	1187

In order to obtain the services of ambulance service	1188
organizations, to obtain additional services from ambulance	1189
service organizations in times of emergency, to obtain the	1190
services of emergency medical service organizations, or, if the	1191
township is located in a county with a population of forty	1192
thousand or less, to obtain the services of nonemergency patient	1193
transport service organizations, a township may enter into a	1194
contract with one or more state agencies, townships, municipal	1195
corporations, counties, nonprofit corporations, joint emergency	1196
medical services districts, fire and ambulance districts, or	1197
private ambulance owners, regardless of whether such state	1198
agencies, townships, municipal corporations, counties, nonprofit	1199
corporations, joint emergency medical services districts, fire and	1200
ambulance districts, or private ambulance owners are located	1201
within or outside the state, upon such terms as are agreed to by	1202
them, to furnish or receive services from ambulance or emergency	1203
medical service organizations or, if the township is located in a	1204
county with a population of forty thousand or less, to furnish or	1205
receive services from nonemergency patient transport service	1206
organizations, or may enter into a contract for the interchange of	1207
services from ambulance or emergency medical service organizations	1208
or, if the township is located in a county with a population of	1209
forty thousand or less, the interchange of services from	1210
nonemergency patient transport service organizations, within the	1211
several territories of the contracting parties, if the contract is	1212
first authorized by the respective boards of township trustees,	1213
the other legislative bodies, or the officer or body authorized to	1214
contract on behalf of the state agency. Such contracts shall not	1215
be entered into with a state agency or nonprofit corporation that	1216
receives more than half of its operating funds from governmental	1217
entities with the intention of directly competing with the	1218
operation of other ambulance, emergency medical, or nonemergency	1219
patient transport service organizations in the township unless the	1220
state agency or nonprofit corporation is awarded the contract	1221
after submitting the lowest and best bid to the board of township	1222
trustees.	1223

The contract may provide for compensation upon such terms as	1224
the parties may agree.	1225

Any township wishing to commence providing or wishing to	1226
enter into a contract for the first time to furnish or obtain	1227
services from nonemergency patient transport service organizations	1228
on or after March 1, 1993, including a township in which a private	1229
provider has been providing the service, shall demonstrate the	1230
need for public funding for the service to, and obtain approval	1231
from, the state board of emergency medical, fire, and	1232
transportation services or its immediate successor board prior to	1233
the establishment of a township-operated or township-funded	1234
service.	1235

Sec. 505.72. (A) The board of trustees of a joint ambulance	1236
district shall provide for the employment of such employees as it	1237
considers best, and shall fix their compensation. Such employees	1238
shall continue in office until removed as provided by sections	1239
733.35 to 733.39 of the Revised Code. To initiate removal	1240
proceedings, and for such purpose, the board shall designate a	1241
private citizen to investigate the conduct and prepare the	1242
necessary charges in conformity with sections 733.35 to 733.39 of	1243
the Revised Code. The board may pay reasonable compensation to	1244
such person for the person's services.	1245

In case of the removal of an employee of the district, an	1246
appeal may be had from the decision of the board to the court of	1247
common pleas of the county in which such district, or part of it,	1248
is situated, to determine the sufficiency of the cause of removal.	1249
Such appeal from the findings of the board shall be taken within	1250
ten days.	1251

(B) As used in this division, "emergency medical service	1252
organization" has the same meaning as in section 4765.01 of the	1253
Revised Code.	1254

(1) In order to obtain the services of ambulance service	1255
organizations, to obtain additional services from ambulance	1256
service organizations in times of emergency, or to obtain the	1257
services of emergency medical service organizations, a district	1258
may enter into a contract, for a period not to exceed three years,	1259
with one or more townships, municipal corporations, joint fire	1260
districts, nonprofit corporations, any other governmental unit	1261
that provides ambulance services or emergency medical services, or	1262
with private ambulance owners, regardless of whether such	1263
townships, municipal corporations, joint fire districts, nonprofit	1264
corporations, governmental unit, or private ambulance owners are	1265
located within or without this state, upon such terms as are	1266
agreed to, to furnish or receive services from ambulance or	1267
emergency medical service organizations or the interchange of	1268
services from ambulance or emergency medical service organizations	1269
within the several territories of the contracting subdivisions, if	1270
such contract is first authorized by all boards of trustees and	1271
legislative authorities concerned.	1272

The contract may provide for a fixed annual charge to be paid	1273
at the times agreed upon and stipulated in the contract, or for	1274
compensation based upon a stipulated price for each run, call, or	1275
emergency, or the elapsed time of service required in such run,	1276
call, or emergency, or any combination thereof.	1277

(2) Expenditures of a district for the services of ambulance	1278
service organizations or emergency medical service organizations,	1279
whether pursuant to contract or otherwise, are lawful	1280
expenditures, regardless of whether the district or the party with	1281
which it contracts charges additional fees to users of the	1282
services.	1283

(3) A district's board of trustees, by adoption of an	1284
appropriate resolution, may choose to have the ~~Ohio~~state board of	1285
emergency medical, fire, and transportation ~~board~~services license	1286
any emergency medical service organization the district operates.	1287
If a board adopts such a resolution, Chapter 4766. of the Revised	1288
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1289
applies to the district emergency medical service organization.	1290
All rules adopted under the applicable sections of that chapter	1291
also apply to the organization. A board, by adoption of an	1292
appropriate resolution, may remove the district emergency medical	1293
service organization from the jurisdiction of the ~~Ohio~~state board	1294
of emergency medical, fire, and transportation ~~board~~services.	1295

(C) Ambulance services or emergency medical services rendered	1296
for a joint ambulance district under this section and section	1297
505.71 of the Revised Code shall be deemed services of the	1298
district. These sections do not authorize suits against a district	1299
or any township or municipal corporation providing or receiving,	1300
or contracting to provide or receive, such services under these	1301
sections for damages for injury or loss to persons or property or	1302
for wrongful death caused by persons providing such services.	1303

Sec. 718.01. (A) As used in this chapter:

1304

(1) "Adjusted federal taxable income" means a C corporation's	1305
federal taxable income before net operating losses and special	1306
deductions as determined under the Internal Revenue Code, adjusted	1307
as follows:	1308

(a) Deduct intangible income to the extent included in	1309
federal taxable income. The deduction shall be allowed regardless	1310
of whether the intangible income relates to assets used in a trade	1311
or business or assets held for the production of income.	1312

(b) Add an amount equal to five per cent of intangible income	1313
deducted under division (A)(1)(a) of this section, but excluding	1314
that portion of intangible income directly related to the sale,	1315
exchange, or other disposition of property described in section	1316
1221 of the Internal Revenue Code;	1317

(c) Add any losses allowed as a deduction in the computation	1318
of federal taxable income if the losses directly relate to the	1319
sale, exchange, or other disposition of an asset described in	1320
section 1221 or 1231 of the Internal Revenue Code;	1321

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	1322
section, deduct income and gain included in federal taxable income	1323
to the extent the income and gain directly relate to the sale,	1324
exchange, or other disposition of an asset described in section	1325
1221 or 1231 of the Internal Revenue Code;	1326

(ii) Division (A)(1)(d)(i) of this section does not apply to	1327
the extent the income or gain is income or gain described in	1328
section 1245 or 1250 of the Internal Revenue Code.	1329

(e) Add taxes on or measured by net income allowed as a	1330
deduction in the computation of federal taxable income;	1331

(f) In the case of a real estate investment trust and	1332
regulated investment company, add all amounts with respect to	1333
dividends to, distributions to, or amounts set aside for or	1334
credited to the benefit of investors and allowed as a deduction in	1335
the computation of federal taxable income;	1336

(g) Deduct, to the extent not otherwise deducted or excluded	1337
in computing federal taxable income, any income ~~derived from~~	1338
~~providing public services under a contract through a project owned~~	1339
~~by the state, as described in section 126.604 of the Revised Code~~	1340
or derived from a transfer agreement or from the enterprise	1341
transferred under that agreement under section 4313.02 of the	1342
Revised Code.	1343

If the taxpayer is not a C corporation and is not an	1344
individual, the taxpayer shall compute adjusted federal taxable	1345
income as if the taxpayer were a C corporation, except guaranteed	1346
payments and other similar amounts paid or accrued to a partner,	1347
former partner, member, or former member shall not be allowed as a	1348
deductible expense; amounts paid or accrued to a qualified	1349
self-employed retirement plan with respect to an owner or	1350
owner-employee of the taxpayer, amounts paid or accrued to or for	1351
health insurance for an owner or owner-employee, and amounts paid	1352
or accrued to or for life insurance for an owner or owner-employee	1353
shall not be allowed as a deduction.	1354

Nothing in division (A)(1) of this section shall be construed	1355
as allowing the taxpayer to add or deduct any amount more than	1356
once or shall be construed as allowing any taxpayer to deduct any	1357
amount paid to or accrued for purposes of federal self-employment	1358
tax.	1359

Nothing in this chapter shall be construed as limiting or	1360
removing the ability of any municipal corporation to administer,	1361
audit, and enforce the provisions of its municipal income tax.	1362

(2) "Internal Revenue Code" means the Internal Revenue Code	1363
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1364

(3) "Schedule C" means internal revenue service schedule C	1365
filed by a taxpayer pursuant to the Internal Revenue Code.	1366

(4) "Form 2106" means internal revenue service form 2106	1367
filed by a taxpayer pursuant to the Internal Revenue Code.	1368

(5) "Intangible income" means income of any of the following	1369
types: income yield, interest, capital gains, dividends, or other	1370
income arising from the ownership, sale, exchange, or other	1371
disposition of intangible property including, but not limited to,	1372
investments, deposits, money, or credits as those terms are	1373
defined in Chapter 5701. of the Revised Code, and patents,	1374
copyrights, trademarks, tradenames, investments in real estate	1375
investment trusts, investments in regulated investment companies,	1376
and appreciation on deferred compensation. "Intangible income"	1377
does not include prizes, awards, or other income associated with	1378
any lottery winnings or other similar games of chance.	1379

(6) "S corporation" means a corporation that has made an	1380
election under subchapter S of Chapter 1 of Subtitle A of the	1381
Internal Revenue Code for its taxable year.	1382

(7) For taxable years beginning on or after January 1, 2004,	1383
"net profit" for a taxpayer other than an individual means	1384
adjusted federal taxable income and "net profit" for a taxpayer	1385
who is an individual means the individual's profit required to be	1386
reported on schedule C, schedule E, or schedule F, other than any	1387
amount allowed as a deduction under division (E)(2) or (3) of this	1388
section or amounts described in division (H) of this section.	1389

(8) "Taxpayer" means a person subject to a tax on income	1390
levied by a municipal corporation. Except as provided in division	1391
(L) of this section, "taxpayer" does not include any person that	1392
is a disregarded entity or a qualifying subchapter S subsidiary	1393
for federal income tax purposes, but "taxpayer" includes any other	1394
person who owns the disregarded entity or qualifying subchapter S	1395
subsidiary.	1396

(9) "Taxable year" means the corresponding tax reporting	1397
period as prescribed for the taxpayer under the Internal Revenue	1398
Code.	1399

(10) "Tax administrator" means the individual charged with	1400
direct responsibility for administration of a tax on income levied	1401
by a municipal corporation and includes:	1402

(a) The central collection agency and the regional income tax	1403
agency and their successors in interest, and other entities	1404
organized to perform functions similar to those performed by the	1405
central collection agency and the regional income tax agency;	1406

(b) A municipal corporation acting as the agent of another	1407
municipal corporation; and	1408

(c) Persons retained by a municipal corporation to administer	1409
a tax levied by the municipal corporation, but only if the	1410
municipal corporation does not compensate the person in whole or	1411
in part on a contingency basis.	1412

(11) "Person" includes individuals, firms, companies,	1413
business trusts, estates, trusts, partnerships, limited liability	1414
companies, associations, corporations, governmental entities, and	1415
any other entity.	1416

(12) "Schedule E" means internal revenue service schedule E	1417
filed by a taxpayer pursuant to the Internal Revenue Code.	1418

(13) "Schedule F" means internal revenue service schedule F	1419
filed by a taxpayer pursuant to the Internal Revenue Code.	1420

(B) No municipal corporation shall tax income at other than a	1421
uniform rate.	1422

(C) No municipal corporation shall levy a tax on income at a	1423
rate in excess of one per cent without having obtained the	1424
approval of the excess by a majority of the electors of the	1425
municipality voting on the question at a general, primary, or	1426
special election. The legislative authority of the municipal	1427
corporation shall file with the board of elections at least ninety	1428
days before the day of the election a copy of the ordinance	1429
together with a resolution specifying the date the election is to	1430
be held and directing the board of elections to conduct the	1431
election. The ballot shall be in the following form: "Shall the	1432
Ordinance providing for a ... per cent levy on income for (Brief	1433
description of the purpose of the proposed levy) be passed?	1434

1435

		FOR THE INCOME TAX			1436
		AGAINST THE INCOME TAX	"		1437

1438

In the event of an affirmative vote, the proceeds of the levy	1439
may be used only for the specified purpose.	1440

(D)(1) Except as otherwise provided in this section, no	1441
municipal corporation shall exempt from a tax on income	1442
compensation for personal services of individuals over eighteen	1443
years of age or the net profit from a business or profession.	1444

(2)(a) For taxable years beginning on or after January 1,	1445
2004, no municipal corporation shall tax the net profit from a	1446
business or profession using any base other than the taxpayer's	1447
adjusted federal taxable income.	1448

(b) Division (D)(2)(a) of this section does not apply to any	1449
taxpayer required to file a return under section 5745.03 of the	1450
Revised Code or to the net profit from a sole proprietorship.	1451

(E)(1) The legislative authority of a municipal corporation	1452
may, by ordinance or resolution, exempt from withholding and from	1453
a tax on income the following:	1454

(a) Compensation arising from the sale, exchange, or other	1455
disposition of a stock option, the exercise of a stock option, or	1456
the sale, exchange, or other disposition of stock purchased under	1457
a stock option; or	1458

(b) Compensation attributable to a nonqualified deferred	1459
compensation plan or program described in section 3121(v)(2)(C) of	1460
the Internal Revenue Code.	1461

(2) The legislative authority of a municipal corporation may	1462
adopt an ordinance or resolution that allows a taxpayer who is an	1463
individual to deduct, in computing the taxpayer's municipal income	1464
tax liability, an amount equal to the aggregate amount the	1465
taxpayer paid in cash during the taxable year to a health savings	1466
account of the taxpayer, to the extent the taxpayer is entitled to	1467
deduct that amount on internal revenue service form 1040.	1468

(3) The legislative authority of a municipal corporation may	1469
adopt an ordinance or resolution that allows a taxpayer who has a	1470
net profit from a business or profession that is operated as a	1471
sole proprietorship to deduct from that net profit the amount that	1472
the taxpayer paid during the taxable year for medical care	1473
insurance premiums for the taxpayer, the taxpayer's spouse, and	1474
dependents as defined in section 5747.01 of the Revised Code. The	1475
deduction shall be allowed to the same extent the taxpayer is	1476
entitled to deduct the premiums on internal revenue service form	1477
1040. The deduction allowed under this division shall be net of	1478
any related premium refunds, related premium reimbursements, or	1479
related insurance premium dividends received by the taxpayer	1480
during the taxable year.	1481

(F) If an individual's taxable income includes income against	1482
which the taxpayer has taken a deduction for federal income tax	1483
purposes as reportable on the taxpayer's form 2106, and against	1484
which a like deduction has not been allowed by the municipal	1485
corporation, the municipal corporation shall deduct from the	1486
taxpayer's taxable income an amount equal to the deduction shown	1487
on such form allowable against such income, to the extent not	1488
otherwise so allowed as a deduction by the municipal corporation.	1489

(G)(1) In the case of a taxpayer who has a net profit from a	1490
business or profession that is operated as a sole proprietorship,	1491
no municipal corporation may tax or use as the base for	1492
determining the amount of the net profit that shall be considered	1493
as having a taxable situs in the municipal corporation, an amount	1494
other than the net profit required to be reported by the taxpayer	1495
on schedule C or F from such sole proprietorship for the taxable	1496
year.	1497

(2) In the case of a taxpayer who has a net profit from	1498
rental activity required to be reported on schedule E, no	1499
municipal corporation may tax or use as the base for determining	1500
the amount of the net profit that shall be considered as having a	1501
taxable situs in the municipal corporation, an amount other than	1502
the net profit from rental activities required to be reported by	1503
the taxpayer on schedule E for the taxable year.	1504

(H) A municipal corporation shall not tax any of the	1505
following:	1506

(1) The military pay or allowances of members of the armed	1507
forces of the United States and of members of their reserve	1508
components, including the Ohio national guard;	1509

(2) The income of religious, fraternal, charitable,	1510
scientific, literary, or educational institutions to the extent	1511
that such income is derived from tax-exempt real estate,	1512
tax-exempt tangible or intangible property, or tax-exempt	1513
activities;	1514

(3) Except as otherwise provided in division (I) of this	1515
section, intangible income;	1516

(4) Compensation paid under section 3501.28 or 3501.36 of the	1517
Revised Code to a person serving as a precinct election official,	1518
to the extent that such compensation does not exceed one thousand	1519
dollars annually. Such compensation in excess of one thousand	1520
dollars may be subjected to taxation by a municipal corporation. A	1521
municipal corporation shall not require the payer of such	1522
compensation to withhold any tax from that compensation.	1523

(5) Compensation paid to an employee of a transit authority,	1524
regional transit authority, or regional transit commission created	1525
under Chapter 306. of the Revised Code for operating a transit bus	1526
or other motor vehicle for the authority or commission in or	1527
through the municipal corporation, unless the bus or vehicle is	1528
operated on a regularly scheduled route, the operator is subject	1529
to such a tax by reason of residence or domicile in the municipal	1530
corporation, or the headquarters of the authority or commission is	1531
located within the municipal corporation;	1532

(6) The income of a public utility, when that public utility	1533
is subject to the tax levied under section 5727.24 or 5727.30 of	1534
the Revised Code, except a municipal corporation may tax the	1535
following, subject to Chapter 5745. of the Revised Code:	1536

(a) Beginning January 1, 2002, the income of an electric	1537
company or combined company;	1538

(b) Beginning January 1, 2004, the income of a telephone	1539
company.	1540

As used in division (H)(6) of this section, "combined	1541
company," "electric company," and "telephone company" have the	1542
same meanings as in section 5727.01 of the Revised Code.	1543

(7) On and after January 1, 2003, items excluded from federal	1544
gross income pursuant to section 107 of the Internal Revenue Code;	1545

(8) On and after January 1, 2001, compensation paid to a	1546
nonresident individual to the extent prohibited under section	1547
718.011 of the Revised Code;	1548

(9)(a) Except as provided in ~~division~~divisions (H)(9)(b) and	1549
(c) of this section, an S corporation shareholder's distributive	1550
share of net profits of the S corporation, other than any part of	1551
the distributive share of net profits that represents wages as	1552
defined in section 3121(a) of the Internal Revenue Code or net	1553
earnings from self-employment as defined in section 1402(a) of the	1554
Internal Revenue Code.	1555

(b) If, pursuant to division (H) of former section 718.01 of	1556
the Revised Code as it existed before March 11, 2004, a majority	1557
of the electors of a municipal corporation voted in favor of the	1558
question at an election held on November 4, 2003, the municipal	1559
corporation may continue after 2002 to tax an S corporation	1560
shareholder's distributive share of net profits of an S	1561
corporation.	1562

(c) If, on December 6, 2002, a municipal corporation was	1563
imposing, assessing, and collecting a tax on an S corporation	1564
shareholder's distributive share of net profits of the S	1565
corporation to the extent the distributive share would be	1566
allocated or apportioned to this state under divisions (B)(1) and	1567
(2) of section 5733.05 of the Revised Code if the S corporation	1568
were a corporation subject to taxes imposed under Chapter 5733. of	1569
the Revised Code, the municipal corporation may continue to impose	1570
the tax on such distributive shares to the extent such shares	1571
would be so allocated or apportioned to this state only until	1572
December 31, 2004, unless a majority of the electors of the	1573
municipal corporation voting on the question of continuing to tax	1574
such shares after that date vote in favor of that question at an	1575
election held November 2, 2004. If a majority of those electors	1576
vote in favor of the question, the municipal corporation may	1577
continue after December 31, 2004, to impose the tax on such	1578
distributive shares only to the extent such shares would be so	1579
allocated or apportioned to this state.	1580

(d) For the purposes of division (D) of section 718.14 of the	1581
Revised Code, a municipal corporation shall be deemed to have	1582
elected to tax S corporation shareholders' distributive shares of	1583
net profits of the S corporation in the hands of the shareholders	1584
if a majority of the electors of a municipal corporation vote in	1585
favor of a question at an election held under division (H)(9)(b)	1586
or (c) of this section. The municipal corporation shall specify by	1587
ordinance or rule that the tax applies to the distributive share	1588
of a shareholder of an S corporation in the hands of the	1589
shareholder of the S corporation.	1590

(10) Employee compensation that is not "qualifying wages" as	1591
defined in section 718.03 of the Revised Code;	1592

(11) Beginning August 1, 2007, compensation paid to a person	1593
employed within the boundaries of a United States air force base	1594
under the jurisdiction of the United States air force that is used	1595
for the housing of members of the United States air force and is a	1596
center for air force operations, unless the person is subject to	1597
taxation because of residence or domicile. If the compensation is	1598
subject to taxation because of residence or domicile, municipal	1599
income tax shall be payable only to the municipal corporation of	1600
residence or domicile.	1601

(12) Compensation paid to a person for personal services	1602
performed for a political subdivision on property owned by the	1603
political subdivision, regardless of whether the compensation is	1604
received by an employee of the subdivision or another person	1605
performing services for the subdivision under a contract with the	1606
subdivision, if the property on which services are performed is	1607
annexed to a municipal corporation pursuant to section 709.023 of	1608
the Revised Code on or after ~~the effective date of the amendment~~	1609
~~of this section~~March 27, 2013, unless the person is subject to	1610
such taxation because of residence or domicile. If the	1611
compensation is subject to taxation because of residence or	1612
domicile, municipal income tax shall be payable only to the	1613
municipal corporation of residence or domicile.	1614

(I) Any municipal corporation that taxes any type of	1615
intangible income on March 29, 1988, pursuant to Section 3 of	1616
Amended Substitute Senate Bill No. 238 of the 116th general	1617
assembly, may continue to tax that type of income after 1988 if a	1618
majority of the electors of the municipal corporation voting on	1619
the question of whether to permit the taxation of that type of	1620
intangible income after 1988 vote in favor thereof at an election	1621
held on November 8, 1988.	1622

(J) Nothing in this section or section 718.02 of the Revised	1623
Code shall authorize the levy of any tax on income that a	1624
municipal corporation is not authorized to levy under existing	1625
laws or shall require a municipal corporation to allow a deduction	1626
from taxable income for losses incurred from a sole proprietorship	1627
or partnership.	1628

(K)(1) Nothing in this chapter prohibits a municipal	1629
corporation from allowing, by resolution or ordinance, a net	1630
operating loss carryforward.	1631

(2) Nothing in this chapter requires a municipal corporation	1632
to allow a net operating loss carryforward.	1633

(L)(1) A single member limited liability company that is a	1634
disregarded entity for federal tax purposes may elect to be a	1635
separate taxpayer from its single member in all Ohio municipal	1636
corporations in which it either filed as a separate taxpayer or	1637
did not file for its taxable year ending in 2003, if all of the	1638
following conditions are met:	1639

(a) The limited liability company's single member is also a	1640
limited liability company;	1641

(b) The limited liability company and its single member were	1642
formed and doing business in one or more Ohio municipal	1643
corporations for at least five years before January 1, 2004;	1644

(c) Not later than December 31, 2004, the limited liability	1645
company and its single member each make an election to be treated	1646
as a separate taxpayer under division (L) of this section;	1647

(d) The limited liability company was not formed for the	1648
purpose of evading or reducing Ohio municipal corporation income	1649
tax liability of the limited liability company or its single	1650
member;	1651

(e) The Ohio municipal corporation that is the primary place	1652
of business of the sole member of the limited liability company	1653
consents to the election.	1654

(2) For purposes of division (L)(1)(e) of this section, a	1655
municipal corporation is the primary place of business of a	1656
limited liability company if, for the limited liability company's	1657
taxable year ending in 2003, its income tax liability is greater	1658
in that municipal corporation than in any other municipal	1659
corporation in Ohio, and that tax liability to that municipal	1660
corporation for its taxable year ending in 2003 is at least four	1661
hundred thousand dollars.	1662

Sec. 2913.01. As used in this chapter, unless the context	1663
requires that a term be given a different meaning:	1664

(A) "Deception" means knowingly deceiving another or causing	1665
another to be deceived by any false or misleading representation,	1666
by withholding information, by preventing another from acquiring	1667
information, or by any other conduct, act, or omission that	1668
creates, confirms, or perpetuates a false impression in another,	1669
including a false impression as to law, value, state of mind, or	1670
other objective or subjective fact.	1671

(B) "Defraud" means to knowingly obtain, by deception, some	1672
benefit for oneself or another, or to knowingly cause, by	1673
deception, some detriment to another.	1674

1675

(1) Withhold property of another permanently, or for a period	1676
that appropriates a substantial portion of its value or use, or	1677
with purpose to restore it only upon payment of a reward or other	1678
consideration;	1679

(2) Dispose of property so as to make it unlikely that the	1680
owner will recover it;	1681

(3) Accept, use, or appropriate money, property, or services,	1682
with purpose not to give proper consideration in return for the	1683
money, property, or services, and without reasonable justification	1684
or excuse for not giving proper consideration.	1685

(D) "Owner" means, unless the context requires a different	1686
meaning, any person, other than the actor, who is the owner of,	1687
who has possession or control of, or who has any license or	1688
interest in property or services, even though the ownership,	1689
possession, control, license, or interest is unlawful.	1690

(E) "Services" include labor, personal services, professional	1691
services, rental services, public utility services including	1692
wireless service as defined in division (F)(1) of section 5507.01	1693
of the Revised Code, common carrier services, and food, drink,	1694
transportation, entertainment, and cable television services and,	1695
for purposes of section 2913.04 of the Revised Code, include cable	1696
services as defined in that section.	1697

(F) "Writing" means any computer software, document, letter,	1698
memorandum, note, paper, plate, data, film, or other thing having	1699
in or upon it any written, typewritten, or printed matter, and any	1700
token, stamp, seal, credit card, badge, trademark, label, or other	1701
symbol of value, right, privilege, license, or identification.	1702

(G) "Forge" means to fabricate or create, in whole or in part	1703
and by any means, any spurious writing, or to make, execute,	1704
alter, complete, reproduce, or otherwise purport to authenticate	1705
any writing, when the writing in fact is not authenticated by that	1706
conduct.	1707

(H) "Utter" means to issue, publish, transfer, use, put or	1708
send into circulation, deliver, or display.	1709

(I) "Coin machine" means any mechanical or electronic device	1710
designed to do both of the following:	1711

(1) Receive a coin, bill, or token made for that purpose;

1712

(2) In return for the insertion or deposit of a coin, bill,	1713
or token, automatically dispense property, provide a service, or	1714
grant a license.	1715

(J) "Slug" means an object that, by virtue of its size,	1716
shape, composition, or other quality, is capable of being inserted	1717
or deposited in a coin machine as an improper substitute for a	1718
genuine coin, bill, or token made for that purpose.	1719

(K) "Theft offense" means any of the following:

1720

(1) A violation of section 2911.01, 2911.02, 2911.11,	1721
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	1722
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1723
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	1724
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	1725
2913.51, 2915.05, or 2921.41~~, or division (B)(2) of section~~	1726
~~4737.04~~ of the Revised Code;	1727

(2) A violation of an existing or former municipal ordinance	1728
or law of this or any other state, or of the United States,	1729
substantially equivalent to any section listed in division (K)(1)	1730
of this section or a violation of section 2913.41, 2913.81, or	1731
2915.06 of the Revised Code as it existed prior to July 1, 1996;	1732

(3) An offense under an existing or former municipal	1733
ordinance or law of this or any other state, or of the United	1734
States, involving robbery, burglary, breaking and entering, theft,	1735
embezzlement, wrongful conversion, forgery, counterfeiting,	1736
deceit, or fraud;	1737

(4) A conspiracy or attempt to commit, or complicity in	1738
committing, any offense under division (K)(1), (2), or (3) of this	1739
section.	1740

(L) "Computer services" includes, but is not limited to, the	1741
use of a computer system, computer network, computer program, data	1742
that is prepared for computer use, or data that is contained	1743
within a computer system or computer network.	1744

(M) "Computer" means an electronic device that performs	1745
logical, arithmetic, and memory functions by the manipulation of	1746
electronic or magnetic impulses. "Computer" includes, but is not	1747
limited to, all input, output, processing, storage, computer	1748
program, or communication facilities that are connected, or	1749
related, in a computer system or network to an electronic device	1750
of that nature.	1751

(N) "Computer system" means a computer and related devices,	1752
whether connected or unconnected, including, but not limited to,	1753
data input, output, and storage devices, data communications	1754
links, and computer programs and data that make the system capable	1755
of performing specified special purpose data processing tasks.	1756

(O) "Computer network" means a set of related and remotely	1757
connected computers and communication facilities that includes	1758
more than one computer system that has the capability to transmit	1759
among the connected computers and communication facilities through	1760
the use of computer facilities.	1761

(P) "Computer program" means an ordered set of data	1762
representing coded instructions or statements that, when executed	1763
by a computer, cause the computer to process data.	1764

(Q) "Computer software" means computer programs, procedures,	1765
and other documentation associated with the operation of a	1766
computer system.	1767

(R) "Data" means a representation of information, knowledge,	1768
facts, concepts, or instructions that are being or have been	1769
prepared in a formalized manner and that are intended for use in a	1770
computer, computer system, or computer network. For purposes of	1771
section 2913.47 of the Revised Code, "data" has the additional	1772
meaning set forth in division (A) of that section.	1773

(S) "Cable television service" means any services provided by	1774
or through the facilities of any cable television system or other	1775
similar closed circuit coaxial cable communications system, or any	1776
microwave or similar transmission service used in connection with	1777
any cable television system or other similar closed circuit	1778
coaxial cable communications system.	1779

(T) "Gain access" means to approach, instruct, communicate	1780
with, store data in, retrieve data from, or otherwise make use of	1781
any resources of a computer, computer system, or computer network,	1782
or any cable service or cable system both as defined in section	1783
2913.04 of the Revised Code.	1784

(U) "Credit card" includes, but is not limited to, a card,	1785
code, device, or other means of access to a customer's account for	1786
the purpose of obtaining money, property, labor, or services on	1787
credit, or for initiating an electronic fund transfer at a	1788
point-of-sale terminal, an automated teller machine, or a cash	1789
dispensing machine. It also includes a county procurement card	1790
issued under section 301.29 of the Revised Code.	1791

(V) "Electronic fund transfer" has the same meaning as in 92	1792
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	1793

(W) "Rented property" means personal property in which the	1794
right of possession and use of the property is for a short and	1795
possibly indeterminate term in return for consideration; the	1796
rentee generally controls the duration of possession of the	1797
property, within any applicable minimum or maximum term; and the	1798
amount of consideration generally is determined by the duration of	1799
possession of the property.	1800

(X) "Telecommunication" means the origination, emission,	1801
dissemination, transmission, or reception of data, images,	1802
signals, sounds, or other intelligence or equivalence of	1803
intelligence of any nature over any communications system by any	1804
method, including, but not limited to, a fiber optic, electronic,	1805
magnetic, optical, digital, or analog method.	1806

(Y) "Telecommunications device" means any instrument,	1807
equipment, machine, or other device that facilitates	1808
telecommunication, including, but not limited to, a computer,	1809
computer network, computer chip, computer circuit, scanner,	1810
telephone, cellular telephone, pager, personal communications	1811
device, transponder, receiver, radio, modem, or device that	1812
enables the use of a modem.	1813

(Z) "Telecommunications service" means the providing,	1814
allowing, facilitating, or generating of any form of	1815
telecommunication through the use of a telecommunications device	1816
over a telecommunications system.	1817

(AA) "Counterfeit telecommunications device" means a	1818
telecommunications device that, alone or with another	1819
telecommunications device, has been altered, constructed,	1820
manufactured, or programmed to acquire, intercept, receive, or	1821
otherwise facilitate the use of a telecommunications service or	1822
information service without the authority or consent of the	1823
provider of the telecommunications service or information service.	1824
"Counterfeit telecommunications device" includes, but is not	1825
limited to, a clone telephone, clone microchip, tumbler telephone,	1826
or tumbler microchip; a wireless scanning device capable of	1827
acquiring, intercepting, receiving, or otherwise facilitating the	1828
use of telecommunications service or information service without	1829
immediate detection; or a device, equipment, hardware, or software	1830
designed for, or capable of, altering or changing the electronic	1831
serial number in a wireless telephone.	1832

(BB)(1) "Information service" means, subject to division	1833
(BB)(2) of this section, the offering of a capability for	1834
generating, acquiring, storing, transforming, processing,	1835
retrieving, utilizing, or making available information via	1836
telecommunications, including, but not limited to, electronic	1837
publishing.	1838

(2) "Information service" does not include any use of a	1839
capability of a type described in division (BB)(1) of this section	1840
for the management, control, or operation of a telecommunications	1841
system or the management of a telecommunications service.	1842

(CC) "Elderly person" means a person who is sixty-five years	1843
of age or older.	1844

(DD) "Disabled adult" means a person who is eighteen years of	1845
age or older and has some impairment of body or mind that makes	1846
the person unable to work at any substantially remunerative	1847
employment that the person otherwise would be able to perform and	1848
that will, with reasonable probability, continue for a period of	1849
at least twelve months without any present indication of recovery	1850
from the impairment, or who is eighteen years of age or older and	1851
has been certified as permanently and totally disabled by an	1852
agency of this state or the United States that has the function of	1853
so classifying persons.	1854

(EE) "Firearm" and "dangerous ordnance" have the same	1855
meanings as in section 2923.11 of the Revised Code.	1856

(FF) "Motor vehicle" has the same meaning as in section	1857
4501.01 of the Revised Code.	1858

(GG) "Dangerous drug" has the same meaning as in section	1859
4729.01 of the Revised Code.	1860

(HH) "Drug abuse offense" has the same meaning as in section	1861
2925.01 of the Revised Code.	1862

(II)(1) "Computer hacking" means any of the following:

1863

(a) Gaining access or attempting to gain access to all or	1864
part of a computer, computer system, or a computer network without	1865
express or implied authorization with the intent to defraud or	1866
with intent to commit a crime;	1867

(b) Misusing computer or network services including, but not	1868
limited to, mail transfer programs, file transfer programs, proxy	1869
servers, and web servers by performing functions not authorized by	1870
the owner of the computer, computer system, or computer network or	1871
other person authorized to give consent. As used in this division,	1872
"misuse of computer and network services" includes, but is not	1873
limited to, the unauthorized use of any of the following:	1874

(i) Mail transfer programs to send mail to persons other than	1875
the authorized users of that computer or computer network;	1876

(ii) File transfer program proxy services or proxy servers to	1877
access other computers, computer systems, or computer networks;	1878

(iii) Web servers to redirect users to other web pages or web	1879
servers.	1880

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	1881
using a group of computer programs commonly known as "port	1882
scanners" or "probes" to intentionally access any computer,	1883
computer system, or computer network without the permission of the	1884
owner of the computer, computer system, or computer network or	1885
other person authorized to give consent. The group of computer	1886
programs referred to in this division includes, but is not limited	1887
to, those computer programs that use a computer network to access	1888
a computer, computer system, or another computer network to	1889
determine any of the following: the presence or types of computers	1890
or computer systems on a network; the computer network's	1891
facilities and capabilities; the availability of computer or	1892
network services; the presence or versions of computer software	1893
including, but not limited to, operating systems, computer	1894
services, or computer contaminants; the presence of a known	1895
computer software deficiency that can be used to gain unauthorized	1896
access to a computer, computer system, or computer network; or any	1897
other information about a computer, computer system, or computer	1898
network not necessary for the normal and lawful operation of the	1899
computer initiating the access.	1900

(ii) The group of computer programs referred to in division	1901
(II)(1)(c)(i) of this section does not include standard computer	1902
software used for the normal operation, administration,	1903
management, and test of a computer, computer system, or computer	1904
network including, but not limited to, domain name services, mail	1905
transfer services, and other operating system services, computer	1906
programs commonly called "ping," "tcpdump," and "traceroute" and	1907
other network monitoring and management computer software, and	1908
computer programs commonly known as "nslookup" and "whois" and	1909
other systems administration computer software.	1910

(d) The intentional use of a computer, computer system, or a	1911
computer network in a manner that exceeds any right or permission	1912
granted by the owner of the computer, computer system, or computer	1913
network or other person authorized to give consent.	1914

(2) "Computer hacking" does not include the introduction of a	1915
computer contaminant, as defined in section 2909.01 of the Revised	1916
Code, into a computer, computer system, computer program, or	1917
computer network.	1918

(JJ) "Police dog or horse" has the same meaning as in section	1919
2921.321 of the Revised Code.	1920

(KK) "Anhydrous ammonia" is a compound formed by the	1921
combination of two gaseous elements, nitrogen and hydrogen, in the	1922
manner described in this division. Anhydrous ammonia is one part	1923
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	1924
weight is fourteen parts nitrogen to three parts hydrogen, which	1925
is approximately eighty-two per cent nitrogen to eighteen per cent	1926
hydrogen.	1927

(LL) "Assistance dog" has the same meaning as in section	1928
955.011 of the Revised Code.	1929

(MM) "Federally licensed firearms dealer" has the same	1930
meaning as in section 5502.63 of the Revised Code.	1931

Sec. 2913.02. (A) No person, with purpose to deprive the	1932
owner of property or services, shall knowingly obtain or exert	1933
control over either the property or services in any of the	1934
following ways:	1935

(1) Without the consent of the owner or person authorized to	1936
give consent;	1937

(2) Beyond the scope of the express or implied consent of the	1938
owner or person authorized to give consent;	1939

(3) By deception;

1940

(4) By threat;

1941

(5) By intimidation.

1942

(B)(1) Whoever violates this section is guilty of theft.

1943

(2) Except as otherwise provided in this division or division	1944
(B)(3), (4), (5), (6), (7), or (8), or (9) of this section, a	1945
violation of this section is petty theft, a misdemeanor of the	1946
first degree. If the value of the property or services stolen is	1947
one thousand dollars or more and is less than seven thousand five	1948
hundred dollars or if the property stolen is any of the property	1949
listed in section 2913.71 of the Revised Code, a violation of this	1950
section is theft, a felony of the fifth degree. If the value of	1951
the property or services stolen is seven thousand five hundred	1952
dollars or more and is less than one hundred fifty thousand	1953
dollars, a violation of this section is grand theft, a felony of	1954
the fourth degree. If the value of the property or services stolen	1955
is one hundred fifty thousand dollars or more and is less than	1956
seven hundred fifty thousand dollars, a violation of this section	1957
is aggravated theft, a felony of the third degree. If the value of	1958
the property or services is seven hundred fifty thousand dollars	1959
or more and is less than one million five hundred thousand	1960
dollars, a violation of this section is aggravated theft, a felony	1961
of the second degree. If the value of the property or services	1962
stolen is one million five hundred thousand dollars or more, a	1963
violation of this section is aggravated theft of one million five	1964
hundred thousand dollars or more, a felony of the first degree.	1965

(3) Except as otherwise provided in division (B)(4), (5),	1966
(6), (7), or (8), or (9) of this section, if the victim of the	1967
offense is an elderly person or disabled adult, a violation of	1968
this section is theft from an elderly person or disabled adult,	1969
and division (B)(3) of this section applies. Except as otherwise	1970
provided in this division, theft from an elderly person or	1971
disabled adult is a felony of the fifth degree. If the value of	1972
the property or services stolen is one thousand dollars or more	1973
and is less than seven thousand five hundred dollars, theft from	1974
an elderly person or disabled adult is a felony of the fourth	1975
degree. If the value of the property or services stolen is seven	1976
thousand five hundred dollars or more and is less than	1977
thirty-seven thousand five hundred dollars, theft from an elderly	1978
person or disabled adult is a felony of the third degree. If the	1979
value of the property or services stolen is thirty-seven thousand	1980
five hundred dollars or more and is less than one hundred fifty	1981
thousand dollars, theft from an elderly person or disabled adult	1982
is a felony of the second degree. If the value of the property or	1983
services stolen is one hundred fifty thousand dollars or more,	1984
theft from an elderly person or disabled adult is a felony of the	1985
first degree.	1986

(4) If the property stolen is a firearm or dangerous	1987
ordnance, a violation of this section is grand theft. Except as	1988
otherwise provided in this division, grand theft when the property	1989
stolen is a firearm or dangerous ordnance is a felony of the third	1990
degree, and there is a presumption in favor of the court imposing	1991
a prison term for the offense. If the firearm or dangerous	1992
ordnance was stolen from a federally licensed firearms dealer,	1993
grand theft when the property stolen is a firearm or dangerous	1994
ordnance is a felony of the first degree. The offender shall serve	1995
a prison term imposed for grand theft when the property stolen is	1996
a firearm or dangerous ordnance consecutively to any other prison	1997
term or mandatory prison term previously or subsequently imposed	1998
upon the offender.	1999

(5) If the property stolen is a motor vehicle, a violation of	2000
this section is grand theft of a motor vehicle, a felony of the	2001
fourth degree.	2002

(6) If the property stolen is any dangerous drug, a violation	2003
of this section is theft of drugs, a felony of the fourth degree,	2004
or, if the offender previously has been convicted of a felony drug	2005
abuse offense, a felony of the third degree.	2006

(7) If the property stolen is a police dog or horse or an	2007
assistance dog and the offender knows or should know that the	2008
property stolen is a police dog or horse or an assistance dog, a	2009
violation of this section is theft of a police dog or horse or an	2010
assistance dog, a felony of the third degree.	2011

(8) If the property stolen is anhydrous ammonia, a violation	2012
of this section is theft of anhydrous ammonia, a felony of the	2013
third degree.	2014

(9) Except as provided in division (B)(2) of this section	2015
with respect to property with a value of seven thousand five	2016
hundred dollars or more and division (B)(3) of this section with	2017
respect to property with a value of one thousand dollars or more,	2018
if the property stolen is a special purpose article as defined in	2019
section 4737.04 of the Revised Code or is a bulk merchandise	2020
container as defined in section 4737.012 of the Revised Code, a	2021
violation of this section is theft of a special purpose article or	2022
articles or theft of a bulk merchandise container or containers, a	2023
felony of the fifth degree.	2024

(10) In addition to the penalties described in division	2025
(B)(2) of this section, if the offender committed the violation by	2026
causing a motor vehicle to leave the premises of an establishment	2027
at which gasoline is offered for retail sale without the offender	2028
making full payment for gasoline that was dispensed into the fuel	2029
tank of the motor vehicle or into another container, the court may	2030
do one of the following:	2031

(a) Unless division (B)~~(9)~~(10)(b) of this section applies,	2032
suspend for not more than six months the offender's driver's	2033
license, probationary driver's license, commercial driver's	2034
license, temporary instruction permit, or nonresident operating	2035
privilege;	2036

(b) If the offender's driver's license, probationary driver's	2037
license, commercial driver's license, temporary instruction	2038
permit, or nonresident operating privilege has previously been	2039
suspended pursuant to division (B)~~(9)~~(10)(a) of this section,	2040
impose a class seven suspension of the offender's license, permit,	2041
or privilege from the range specified in division (A)(7) of	2042
section 4510.02 of the Revised Code, provided that the suspension	2043
shall be for at least six months.	2044

(c) The court, in lieu of suspending the offender's driver's	2045
or commercial driver's license, probationary driver's license,	2046
temporary instruction permit, or nonresident operating privilege	2047
pursuant to division (B)~~(9)~~(10)(a) or (b) of this section, instead	2048
may require the offender to perform community service for a number	2049
of hours determined by the court.	2050

~~(10)~~(11) In addition to the penalties described in division	2051
(B)(2) of this section, if the offender committed the violation by	2052
stealing rented property or rental services, the court may order	2053
that the offender make restitution pursuant to section 2929.18 or	2054
2929.28 of the Revised Code. Restitution may include, but is not	2055
limited to, the cost of repairing or replacing the stolen	2056
property, or the cost of repairing the stolen property and any	2057
loss of revenue resulting from deprivation of the property due to	2058
theft of rental services that is less than or equal to the actual	2059
value of the property at the time it was rented. Evidence of	2060
intent to commit theft of rented property or rental services shall	2061
be determined pursuant to the provisions of section 2913.72 of the	2062
Revised Code.	2063

(C) The sentencing court that suspends an offender's license,	2064
permit, or nonresident operating privilege under division	2065
(B)~~(9)~~(10) of this section may grant the offender limited driving	2066
privileges during the period of the suspension in accordance with	2067
Chapter 4510. of the Revised Code.	2068

Sec. 2913.51. (A) No person shall receive, retain, or	2069
dispose of property of another knowing or having reasonable cause	2070
to believe that the property has been obtained through commission	2071
of a theft offense.	2072

(B) It is not a defense to a charge of receiving stolen	2073
property in violation of this section that the property was	2074
obtained by means other than through the commission of a theft	2075
offense if the property was explicitly represented to the accused	2076
person as being obtained through the commission of a theft	2077
offense.	2078

(C) Whoever violates this section is guilty of receiving	2079
stolen property. Except as otherwise provided in this division or	2080
division (D) of this section, receiving stolen property is a	2081
misdemeanor of the first degree. If the value of the property	2082
involved is one thousand dollars or more and is less than seven	2083
thousand five hundred dollars, if the property involved is any of	2084
the property listed in section 2913.71 of the Revised Code,	2085
receiving stolen property is a felony of the fifth degree. If the	2086
property involved is a motor vehicle, as defined in section	2087
4501.01 of the Revised Code, if the property involved is a	2088
dangerous drug, as defined in section 4729.01 of the Revised Code,	2089
if the value of the property involved is seven thousand five	2090
hundred dollars or more and is less than one hundred fifty	2091
thousand dollars, or if the property involved is a firearm or	2092
dangerous ordnance, as defined in section 2923.11 of the Revised	2093
Code, receiving stolen property is a felony of the fourth degree.	2094
If the value of the property involved is one hundred fifty	2095
thousand dollars or more, receiving stolen property is a felony of	2096
the third degree.	2097

(D) Except as provided in division (C) of this section with	2098
respect to property involved in a violation of this section with a	2099
value of seven thousand five hundred dollars or more, if the	2100
property involved in violation of this section is a special	2101
purchase article as defined in section 4737.04 of the Revised Code	2102
or a bulk merchandise container as defined in section 4737.012 of	2103
the Revised Code, a violation of this section is receiving a	2104
stolen special purchase article or articles or receiving a stolen	2105
bulk merchandise container or containers, a felony of the fifth	2106
degree.	2107

Sec. 2937.221. (A) A person arrested without warrant for any	2108
violation listed in division (B) of this section, and having a	2109
current valid Ohio driver's or commercial driver's license, if the	2110
person has been notified of the possible consequences of the	2111
person's actions as required by division (C) of this section, may	2112
post bond by depositing the license with the arresting officer if	2113
the officer and person so choose, or with the local court having	2114
jurisdiction if the court and person so choose. The license may be	2115
used as bond only during the period for which it is valid.	2116

When an arresting officer accepts the driver's or commercial	2117
driver's license as bond, the officer shall note the date, time,	2118
and place of the court appearance on "the violator's notice to	2119
appear," and the notice shall serve as a valid Ohio driver's or	2120
commercial driver's license until the date and time appearing	2121
thereon. The arresting officer immediately shall forward the	2122
license to the appropriate court.	2123

When a local court accepts the license as bond or continues	2124
the case to another date and time, it shall provide the person	2125
with a card in a form approved by the registrar of motor vehicles	2126
setting forth the license number, name, address, the date and time	2127
of the court appearance, and a statement that the license is being	2128
held as bond. The card shall serve as a valid license until the	2129
date and time contained in the card.	2130

The court may accept other bond at any time and return the	2131
license to the person. The court shall return the license to the	2132
person when judgment is satisfied, including, but not limited to,	2133
compliance with any court orders, unless a suspension or	2134
cancellation is part of the penalty imposed.	2135

Neither "the violator's notice to appear" nor a court-	2136
granted card shall continue driving privileges beyond the	2137
expiration date of the license.	2138

If the person arrested fails to appear in court at the date	2139
and time set by the court or fails to satisfy the judgment of the	2140
court, including, but not limited to, compliance with all court	2141
orders within the time allowed by the court, the court may declare	2142
the forfeiture of the person's license. Thirty days after the	2143
declaration of the forfeiture, the court shall forward the	2144
person's license to the registrar. The court also shall enter	2145
information relative to the forfeiture on a form approved and	2146
furnished by the registrar and send the form to the registrar. The	2147
registrar shall suspend the person's license and send written	2148
notification of the suspension to the person at the person's last	2149
known address. No valid driver's or commercial driver's license	2150
shall be granted to the person until the court having jurisdiction	2151
orders that the forfeiture be terminated. The court shall inform	2152
the registrar of the termination of the forfeiture by entering	2153
information relative to the termination on a form approved and	2154
furnished by the registrar and sending the form to the registrar.	2155
Upon the termination, the person shall pay to the bureau of motor	2156
vehicles a reinstatement fee of fifteen dollars to cover the costs	2157
of the bureau in administering this section. The registrar shall	2158
deposit the fees so paid into the state bureau of motor vehicles	2159
fund created by section 4501.25 of the Revised Code.	2160

In addition, upon receipt from the court of the copy of the	2161
declaration of forfeiture, neither the registrar nor any deputy	2162
registrar shall accept any application for the registration or	2163
transfer of registration of any motor vehicle owned by or leased	2164
in the name of the person named in the declaration of forfeiture	2165
until the court having jurisdiction over the offense that led to	2166
the suspension issues an order terminating the forfeiture.	2167
However, for a motor vehicle leased in the name of a person named	2168
in a declaration of forfeiture, the registrar shall not implement	2169
the preceding sentence until the registrar adopts procedures for	2170
that implementation under section 4503.39 of the Revised Code.	2171
Upon receipt by the registrar of such an order, the registrar also	2172
shall take the measures necessary to permit the person to register	2173
a motor vehicle the person owns or leases or to transfer the	2174
registration of a motor vehicle the person owns or leases if the	2175
person later makes a proper application and otherwise is eligible	2176
to be issued or to transfer a motor vehicle registration.	2177

(B) Division (A) of this section applies to persons arrested	2178
for violation of:	2179

(1) Any of the provisions of Chapter 4511. or 4513. of the	2180
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	2181
4513.36 of the Revised Code;	2182

(2) Any municipal ordinance substantially similar to a	2183
section included in division (B)(1) of this section;	2184

(3) Any bylaw, rule, or regulation of the Ohio turnpike and	2185
infrastructure commission substantially similar to a section	2186
included in division (B)(1) of this section.	2187

Division (A) of this section does not apply to those persons	2188
issued a citation for the commission of a minor misdemeanor under	2189
section 2935.26 of the Revised Code.	2190

(C) No license shall be accepted as bond by an arresting	2191
officer or by a court under this section until the officer or	2192
court has notified the person that, if the person deposits the	2193
license with the officer or court and either does not appear on	2194
the date and at the time set by the officer or the court, if the	2195
court sets a time, or does not satisfy any judgment rendered,	2196
including, but not limited to, compliance with all court orders,	2197
the license will be suspended, and the person will not be eligible	2198
for reissuance of the license or issuance of a new license, or the	2199
issuance of a certificate of registration for a motor vehicle	2200
owned or leased by the person until the person appears and	2201
complies with any order issued by the court. The person also is	2202
subject to any criminal penalties that may apply to the person.	2203

(D) The registrar shall not restore the person's driving or	2204
vehicle registration privileges until the person pays the	2205
reinstatement fee as provided in this section.	2206

Sec. 3354.13. The ownership of a community college created	2207
and established pursuant to provisions of sections 3354.02 and	2208
3354.04 of the Revised Code, including all right, title, and	2209
interest in and to all property, both real and personal,	2210
pertaining thereto, shall be vested in the board of trustees of	2211
the community college district in which such college is situated,	2212
except as may be provided in a contract entered into under the	2213
authority of division (A) of section 3354.09 of the Revised Code.	2214
The board may acquire by appropriation any land, rights, rights of	2215
way, franchises, easements, or other property necessary or proper	2216
for the construction or the efficient operation of any facility of	2217
the community college district, pursuant to the procedure provided	2218
in section 5537.06 of the Revised Code, with respect to the Ohio	2219
turnpike and infrastructure commission, and insofar as such	2220
procedure is applicable.	2221

Any instrument by which real property is acquired pursuant to	2222
this section shall identify the agency of the state that has the	2223
use and benefit of the real property as specified in section	2224
5301.012 of the Revised Code.	2225

Sec. 3355.10. The ownership of the university branch campus,	2226
created and established pursuant to sections 3355.01 to 3355.14 of	2227
the Revised Code, including all right, title, and interest in and	2228
to all property, both real and personal, pertaining thereto, shall	2229
be vested in the managing authority of the university branch	2230
district. The board may acquire by appropriation any land, rights,	2231
rights of way, franchises, easements, or other property necessary	2232
or proper for the construction or the efficient operation of any	2233
facility of the university branch district, pursuant to section	2234
5537.06 of the Revised Code, with respect to the Ohio turnpike and	2235
infrastructure commission, and insofar as such procedure is	2236
applicable.	2237

University branch district bonds, issued pursuant to section	2238
3355.08 of the Revised Code, are lawful investments of banks,	2239
savings banks, trust companies, trustees, boards of trustees of	2240
sinking funds of municipal corporations, school districts,	2241
counties, the administrator of workers' compensation, the state	2242
teachers retirement system, the public employees retirement	2243
system, and the school employees retirement system, and also are	2244
acceptable as security for the deposit of public moneys.	2245

Any instrument by which real property is acquired pursuant to	2246
this section shall identify the agency of the state that has the	2247
use and benefit of the real property as specified in section	2248
5301.012 of the Revised Code.	2249

Sec. 3357.12. The ownership of a technical college, created	2250
and established pursuant to section 3357.07 of the Revised Code,	2251
including all right, title, and interest in and to all property,	2252
both real and personal, pertaining thereto, shall be vested in the	2253
board of trustees of the technical college district in which such	2254
college is situated. The board may acquire by appropriation any	2255
land, rights, rights-of-way, franchises, easements, or other	2256
property necessary or proper for the construction or the efficient	2257
operation of any facility of the technical college district,	2258
pursuant to the procedure provided in section 5537.06 of the	2259
Revised Code, with respect to the Ohio turnpike and infrastructure	2260
commission, and insofar as such procedure is applicable.	2261

Any instrument by which real property is acquired pursuant to	2262
this section shall identify the agency of the state that has the	2263
use and benefit of the real property as specified in section	2264
5301.012 of the Revised Code.	2265

Sec. 3705.242. (A)(1) The director of health, a person	2266
authorized by the director, a local commissioner of health, or a	2267
local registrar of vital statistics shall charge and collect a fee	2268
of one dollar and fifty cents for each certified copy of a birth	2269
record, each certification of birth, and each copy of a death	2270
record. The fee is in addition to the fee imposed by section	2271
3705.24 or any other section of the Revised Code. A local	2272
commissioner of health or local registrar of vital statistics may	2273
retain an amount of each additional fee collected, not to exceed	2274
three per cent of the amount of the additional fee, to be used for	2275
costs directly related to the collection of the fee and the	2276
forwarding of the fee to the department of health.	2277

The additional fees collected by the director of health or a	2278
person authorized by the director and the additional fees	2279
collected but not retained by a local commissioner of health or a	2280
local registrar of vital statistics shall be forwarded to the	2281
department of health not later than thirty days following the end	2282
of each quarter. Not later than two days after the fees are	2283
forwarded to the department each quarter, the department shall pay	2284
the collected fees to the treasurer of state in accordance with	2285
rules adopted by the treasurer of state under section 113.08 of	2286
the Revised Code.	2287

(2) On the filing of a divorce decree under section 3105.10	2288
or a decree of dissolution under section 3105.65 of the Revised	2289
Code, a court of common pleas shall charge and collect a fee of	2290
five dollars and fifty cents. The fee is in addition to any other	2291
court costs or fees. The county clerk of courts may retain an	2292
amount of each additional fee collected, not to exceed three per	2293
cent of the amount of the additional fee, to be used for costs	2294
directly related to the collection of the fee and the forwarding	2295
of the fee to the treasurer of state. The additional fees	2296
collected, but not retained, under division (A)(2) of this section	2297
shall be forwarded to the treasurer of state not later than twenty	2298
days following the end of each month.	2299

(B) The treasurer of state shall deposit the fees paid or	2300
forwarded under this section in the state treasury to the credit	2301
of the family violence prevention fund, which is hereby created. A	2302
person or government entity that fails to pay or forward the fees	2303
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	2304
described in this section, shall send to the ~~treasurer of state,~~	2305
~~in addition to the fees,~~department of public safety a penalty	2306
equal to ten per cent of the fees. The department of public safety	2307
shall forward all collected late fees to the treasurer of state	2308
for deposit into the family violence prevention fund in accordance	2309
with rules adopted by the treasurer of state under section 113.08	2310
of the Revised Code.	2311

The treasurer of state shall invest the moneys in the fund.	2312
All earnings resulting from investment of the fund shall be	2313
credited to the fund, except that actual administration costs	2314
incurred by the treasurer of state in administering the fund may	2315
be deducted from the earnings resulting from investments. The	2316
amount that may be deducted shall not exceed three per cent of the	2317
total amount of fees credited to the fund in each fiscal year. The	2318
balance of the investment earnings shall be credited to the fund.	2319

(C) The director of public safety shall use money credited to	2320
the fund to provide grants to family violence shelters in Ohio and	2321
to operate the division of criminal justice services.	2322

Sec. 3791.12. (A) As used in this section and section	2323
3791.13 of the Revised Code:	2324

(1) "Service station" means any facility designed and	2325
constructed primarily for use in the retail sale of gasoline,	2326
other petroleum products, and related accessories; except that	2327
"service station" does not include any such facility that has been	2328
converted for use for another bona fide business purpose, on and	2329
after the date of commencement of such other use.	2330

(2) "Abandoned service station" means any service station	2331
that has not been used for the retail sale of gasoline, other	2332
petroleum products, and related accessories for a continuous	2333
period of six months, whenever failure to reasonably secure	2334
station buildings from ready access by unauthorized persons and to	2335
reasonably maintain the station's premises has resulted in	2336
conditions that endanger the public health, welfare, safety, or	2337
morals; provided, that such conditions include, but are not	2338
limited to, the presence of defective or deteriorated electrical	2339
wiring, heating apparatus, and gas connections, or of unprotected	2340
gasoline storage tanks, piping, and valves, or any combination of	2341
the foregoing; and provided further that the casual and	2342
intermittent use of a service station for the retail sale of any	2343
item described in division (A)(1) of this section during such	2344
six-month period shall not be held to prevent the station from	2345
being determined an abandoned service station if it meets the	2346
other qualifications of this division.	2347

(B) The executive authority of each municipal corporation and	2348
the board of county commissioners of each county shall designate a	2349
suitable person to make inspections, within their respective	2350
territorial jurisdictions, of any service stations that are, or	2351
appear to be, no longer in use for the purposes described in	2352
division (A)(1) of this section ~~3791.11 of the Revised Code~~, or	2353
for any other bona fide business purpose. Inspections of service	2354
stations under this section shall be made at the order of the	2355
executive authority or board, or upon the complaint of any person	2356
claiming to be adversely affected by the condition of a service	2357
station. Any inspector designated under this section shall have	2358
the right to enter upon and inspect any service station that is,	2359
or appears to be, no longer in use as described in this section.	2360
No inspector, while in the lawful pursuit of official duties for	2361
such purpose, shall be subject to arrest for trespass while so	2362
engaged or for such cause thereafter.	2363

~~(B)~~(C) Whenever an inspector, upon inspecting a service	2364
station as provided in this section, has reasonable cause to	2365
believe that it qualifies as an abandoned service station, the	2366
inspector shall prepare a written report of the condition of the	2367
station's buildings and premises. The report shall be filed	2368
immediately with the executive authority or board. Upon receipt of	2369
the report, the executive authority or board shall fix a place and	2370
time, not less than thirty days nor more than sixty days after	2371
receipt of the report, for a hearing to determine whether the	2372
service station is an abandoned service station. The executive	2373
authority or board shall send written notice of the place and date	2374
of the hearing, together with a copy of the inspector's report and	2375
information that the service station may be ordered repaired or	2376
removed if determined to be abandoned, to all persons listed in	2377
the ~~bond filed under division (C) of section 3791.11 of the~~	2378
~~Revised Code~~records of the county recorder as an owner of the	2379
affected property, and to all persons listed in the records of the	2380
county recorder or county clerk of courts as holding a lien on the	2381
affected property. Such notice shall be sent by certified mail to	2382
the address shown on such records.	2383

~~(C)~~(D) In hearing the matter and deciding the issue, the	2384
executive authority or board shall consider the testimony of any	2385
persons appearing pursuant to the notice or their authorized	2386
representatives, the testimony of any witnesses appearing on	2387
behalf of such persons, the inspector's report or testimony, or	2388
both, and any other evidence pertinent to the matter. If the	2389
executive authority or board thereupon determines that the service	2390
station is an abandoned service station in such condition as to	2391
constitute a danger to the public health, welfare, safety, or	2392
morals, it shall order the satisfactory repair, or removal, of the	2393
service station and its appurtenances, and restoration of the	2394
property, within such period of time, not less than thirty days,	2395
as the executive authority or board thereupon determines	2396
reasonable. Notice of the findings and order shall be sent to all	2397
persons required to be notified by division ~~(B)~~(C) of this section	2398
in the same manner as provided in that division.	2399

~~(D)~~(E) If an abandoned service station is not satisfactorily	2400
repaired or removed within the period of time provided in an order	2401
made under division ~~(C)~~(D) of this section, the municipal	2402
corporation or county may enter the land and complete the repair,	2403
if repair was ordered, or remove the service station and its	2404
appurtenances, if removal was ordered, and restore the property.	2405

~~(E)~~(F) Any person aggrieved by an order of an executive	2406
authority or board made under division ~~(C)~~(D) of this section, may	2407
appeal as provided in Chapter 2506. of the Revised Code within	2408
thirty days of the mailing of notice of the order.	2409

~~(F)~~(G) In the event that no persons notified as provided in	2410
division ~~(B)~~(C) of this section, or their authorized	2411
representatives, appear at the hearing, respond to an order of the	2412
executive authority or board, or appeal within thirty days of the	2413
mailing of notice of the order as provided in division ~~(E)~~(F) of	2414
this section, the municipal corporation or county may proceed as	2415
provided in division ~~(D)~~(E) of this section.	2416

Sec. 3791.13. (A) When a municipal corporation or county	2417
enters and repairs or removes an abandoned service station and its	2418
appurtenances and restores the property as provided in division	2419
~~(D)~~(E) or ~~(F)~~(G) of section 3791.12 of the Revised Code, it may	2420
bring an action ~~on the bond filed pursuant to division (C) of~~	2421
~~section 3791.11 of the Revised Code~~ to recover the costs of repair	2422
or removal and restoration, plus the costs of the suit. ~~If the~~	2423
~~costs of repair or removal and restoration exceed the amount~~	2424
~~collected on the bond, the~~The owner of the property and any	2425
lessee, other than a person leasing and operating the service	2426
station pursuant to a contract with a supplier of gasoline and	2427
other petroleum products, shall be jointly and severally liable	2428
for the ~~deficiency~~costs.	2429

(B) Sections ~~3791.11,~~ 3791.12, 3791.13 and 3791.99 of the	2430
Revised Code shall be an alternative remedy for the removal of	2431
abandoned service stations and shall not invalidate municipal	2432
ordinances regulating the use, requiring maintenance or repair, or	2433
providing for the removal of service stations.	2434

Sec. 3791.99. (A) Whoever violates ~~division (B) of section~~	2435
~~3791.11 or~~ division (D) of section 3791.21 of the Revised Code is	2436
guilty of a minor misdemeanor, and each day the violation	2437
continues constitutes a separate offense.	2438

(B) Whoever violates this chapter or any rule adopted or	2439
order issued pursuant to it that relates to the construction,	2440
alteration, or repair of any building, and the violation is not	2441
detrimental to the health, safety, or welfare of any person, shall	2442
be fined not more than one hundred dollars.	2443

(C) Whoever violates this chapter or any rule adopted or	2444
order issued pursuant to it that relates to the construction,	2445
alteration, or repair of any building, and the violation is	2446
detrimental to the health, safety, or welfare of any person, is	2447
guilty of a minor misdemeanor.	2448

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2449
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2450
Revised Code, and in the penal laws, except as otherwise provided:	2451

(A) "Vehicles" means everything on wheels or runners,	2452
including motorized bicycles, but does not mean electric personal	2453
assistive mobility devices, vehicles that are operated exclusively	2454
on rails or tracks or from overhead electric trolley wires, and	2455
vehicles that belong to any police department, municipal fire	2456
department, or volunteer fire department, or that are used by such	2457
a department in the discharge of its functions.	2458

(B) "Motor vehicle" means any vehicle, including mobile homes	2459
and recreational vehicles, that is propelled or drawn by power	2460
other than muscular power or power collected from overhead	2461
electric trolley wires. "Motor vehicle" does not include utility	2462
vehicles as defined in division (VV) of this section, motorized	2463
bicycles, road rollers, traction engines, power shovels, power	2464
cranes, and other equipment used in construction work and not	2465
designed for or employed in general highway transportation,	2466
well-drilling machinery, ditch-digging machinery, farm machinery,	2467
and trailers that are designed and used exclusively to transport a	2468
boat between a place of storage and a marina, or in and around a	2469
marina, when drawn or towed on a public road or highway for a	2470
distance of no more than ten miles and at a speed of twenty-five	2471
miles per hour or less.	2472

(C) "Agricultural tractor" and "traction engine" mean any	2473
self-propelling vehicle that is designed or used for drawing other	2474
vehicles or wheeled machinery, but has no provisions for carrying	2475
loads independently of such other vehicles, and that is used	2476
principally for agricultural purposes.	2477

(D) "Commercial tractor," except as defined in division (C)	2478
of this section, means any motor vehicle that has motive power and	2479
either is designed or used for drawing other motor vehicles, or is	2480
designed or used for drawing another motor vehicle while carrying	2481
a portion of the other motor vehicle or its load, or both.	2482

(E) "Passenger car" means any motor vehicle that is designed	2483
and used for carrying not more than nine persons and includes any	2484
motor vehicle that is designed and used for carrying not more than	2485
fifteen persons in a ridesharing arrangement.	2486

(F) "Collector's vehicle" means any motor vehicle or	2487
agricultural tractor or traction engine that is of special	2488
interest, that has a fair market value of one hundred dollars or	2489
more, whether operable or not, and that is owned, operated,	2490
collected, preserved, restored, maintained, or used essentially as	2491
a collector's item, leisure pursuit, or investment, but not as the	2492
owner's principal means of transportation. "Licensed collector's	2493
vehicle" means a collector's vehicle, other than an agricultural	2494
tractor or traction engine, that displays current, valid license	2495
tags issued under section 4503.45 of the Revised Code, or a	2496
similar type of motor vehicle that displays current, valid license	2497
tags issued under substantially equivalent provisions in the laws	2498
of other states.	2499

(G) "Historical motor vehicle" means any motor vehicle that	2500
is over twenty-five years old and is owned solely as a collector's	2501
item and for participation in club activities, exhibitions, tours,	2502
parades, and similar uses, but that in no event is used for	2503
general transportation.	2504

(H) "Noncommercial motor vehicle" means any motor vehicle,	2505
including a farm truck as defined in section 4503.04 of the	2506
Revised Code, that is designed by the manufacturer to carry a load	2507
of no more than one ton and is used exclusively for purposes other	2508
than engaging in business for profit.	2509

(I) "Bus" means any motor vehicle that has motor power and is	2510
designed and used for carrying more than nine passengers, except	2511
any motor vehicle that is designed and used for carrying not more	2512
than fifteen passengers in a ridesharing arrangement.	2513

(J) "Commercial car" or "truck" means any motor vehicle that	2514
has motor power and is designed and used for carrying merchandise	2515
or freight, or that is used as a commercial tractor.	2516

(K) "Bicycle" means every device, other than a ~~tricycle~~	2517
device that is designed solely for use as a play vehicle by a	2518
child, that is propelled solely by human power upon which ~~any~~a	2519
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	2520
~~wheel in front and two wheels in the rear, or two wheels in the~~	2521
~~front and one wheel in the rear,~~ any of which is more than	2522
fourteen inches in diameter.	2523

(L) "Motorized bicycle" means any vehicle that either has two	2524
tandem wheels or one wheel in the front and two wheels in the	2525
rear, that is capable of being pedaled, and that is equipped with	2526
a helper motor of not more than fifty cubic centimeters piston	2527
displacement that produces no more than one brake horsepower and	2528
is capable of propelling the vehicle at a speed of no greater than	2529
twenty miles per hour on a level surface.	2530

(M) "Trailer" means any vehicle without motive power that is	2531
designed or used for carrying property or persons wholly on its	2532
own structure and for being drawn by a motor vehicle, and includes	2533
any such vehicle that is formed by or operated as a combination of	2534
a semitrailer and a vehicle of the dolly type such as that	2535
commonly known as a trailer dolly, a vehicle used to transport	2536
agricultural produce or agricultural production materials between	2537
a local place of storage or supply and the farm when drawn or	2538
towed on a public road or highway at a speed greater than	2539
twenty-five miles per hour, and a vehicle that is designed and	2540
used exclusively to transport a boat between a place of storage	2541
and a marina, or in and around a marina, when drawn or towed on a	2542
public road or highway for a distance of more than ten miles or at	2543
a speed of more than twenty-five miles per hour. "Trailer" does	2544
not include a manufactured home or travel trailer.	2545

(N) "Noncommercial trailer" means any trailer, except a	2546
travel trailer or trailer that is used to transport a boat as	2547
described in division (B) of this section, but, where applicable,	2548
includes a vehicle that is used to transport a boat as described	2549
in division (M) of this section, that has a gross weight of no	2550
more than ten thousand pounds, and that is used exclusively for	2551
purposes other than engaging in business for a profit, such as the	2552
transportation of personal items for personal or recreational	2553
purposes.	2554

(O) "Mobile home" means a building unit or assembly of closed	2555
construction that is fabricated in an off-site facility, is more	2556
than thirty-five body feet in length or, when erected on site, is	2557
three hundred twenty or more square feet, is built on a permanent	2558
chassis, is transportable in one or more sections, and does not	2559
qualify as a manufactured home as defined in division (C)(4) of	2560
section 3781.06 of the Revised Code or as an industrialized unit	2561
as defined in division (C)(3) of section 3781.06 of the Revised	2562
Code.	2563

(P) "Semitrailer" means any vehicle of the trailer type that	2564
does not have motive power and is so designed or used with another	2565
and separate motor vehicle that in operation a part of its own	2566
weight or that of its load, or both, rests upon and is carried by	2567
the other vehicle furnishing the motive power for propelling	2568
itself and the vehicle referred to in this division, and includes,	2569
for the purpose only of registration and taxation under those	2570
chapters, any vehicle of the dolly type, such as a trailer dolly,	2571
that is designed or used for the conversion of a semitrailer into	2572
a trailer.	2573

(Q) "Recreational vehicle" means a vehicular portable	2574
structure that meets all of the following conditions:	2575

(1) It is designed for the sole purpose of recreational	2576
travel.	2577

(2) It is not used for the purpose of engaging in business	2578
for profit.	2579

(3) It is not used for the purpose of engaging in intrastate	2580
commerce.	2581

(4) It is not used for the purpose of commerce as defined in	2582
49 C.F.R. 383.5, as amended.	2583

(5) It is not regulated by the public utilities commission	2584
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	2585

(6) It is classed as one of the following:

2586

(a) "Travel trailer" means a nonself-propelled recreational	2587
vehicle that does not exceed an overall length of thirty-five	2588
feet, exclusive of bumper and tongue or coupling, and contains	2589
less than three hundred twenty square feet of space when erected	2590
on site. "Travel trailer" includes a tent-type fold-out camping	2591
trailer as defined in section 4517.01 of the Revised Code.	2592

(b) "Motor home" means a self-propelled recreational vehicle	2593
that has no fifth wheel and is constructed with permanently	2594
installed facilities for cold storage, cooking and consuming of	2595
food, and for sleeping.	2596

(c) "Truck camper" means a nonself-propelled recreational	2597
vehicle that does not have wheels for road use and is designed to	2598
be placed upon and attached to a motor vehicle. "Truck camper"	2599
does not include truck covers that consist of walls and a roof,	2600
but do not have floors and facilities enabling them to be used as	2601
a dwelling.	2602

(d) "Fifth wheel trailer" means a vehicle that is of such	2603
size and weight as to be movable without a special highway permit,	2604
that has a gross trailer area of four hundred square feet or less,	2605
that is constructed with a raised forward section that allows a	2606
bi-level floor plan, and that is designed to be towed by a vehicle	2607
equipped with a fifth-wheel hitch ordinarily installed in the bed	2608
of a truck.	2609

(e) "Park trailer" means a vehicle that is commonly known as	2610
a park model recreational vehicle, meets the American national	2611
standard institute standard A119.5 (1988) for park trailers, is	2612
built on a single chassis, has a gross trailer area of four	2613
hundred square feet or less when set up, is designed for seasonal	2614
or temporary living quarters, and may be connected to utilities	2615
necessary for the operation of installed features and appliances.	2616

(R) "Pneumatic tires" means tires of rubber and fabric or	2617
tires of similar material, that are inflated with air.	2618

(S) "Solid tires" means tires of rubber or similar elastic	2619
material that are not dependent upon confined air for support of	2620
the load.	2621

(T) "Solid tire vehicle" means any vehicle that is equipped	2622
with two or more solid tires.	2623

(U) "Farm machinery" means all machines and tools that are	2624
used in the production, harvesting, and care of farm products, and	2625
includes trailers that are used to transport agricultural produce	2626
or agricultural production materials between a local place of	2627
storage or supply and the farm, agricultural tractors, threshing	2628
machinery, hay-baling machinery, corn shellers, hammermills, and	2629
machinery used in the production of horticultural, agricultural,	2630
and vegetable products.	2631

(V) "Owner" includes any person or firm, other than a	2632
manufacturer or dealer, that has title to a motor vehicle, except	2633
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2634
includes in addition manufacturers and dealers.	2635

(W) "Manufacturer" and "dealer" include all persons and firms	2636
that are regularly engaged in the business of manufacturing,	2637
selling, displaying, offering for sale, or dealing in motor	2638
vehicles, at an established place of business that is used	2639
exclusively for the purpose of manufacturing, selling, displaying,	2640
offering for sale, or dealing in motor vehicles. A place of	2641
business that is used for manufacturing, selling, displaying,	2642
offering for sale, or dealing in motor vehicles shall be deemed to	2643
be used exclusively for those purposes even though snowmobiles or	2644
all-purpose vehicles are sold or displayed for sale thereat, even	2645
though farm machinery is sold or displayed for sale thereat, or	2646
even though repair, accessory, gasoline and oil, storage, parts,	2647
service, or paint departments are maintained thereat, or, in any	2648
county having a population of less than seventy-five thousand at	2649
the last federal census, even though a department in a place of	2650
business is used to dismantle, salvage, or rebuild motor vehicles	2651
by means of used parts, if such departments are operated for the	2652
purpose of furthering and assisting in the business of	2653
manufacturing, selling, displaying, offering for sale, or dealing	2654
in motor vehicles. Places of business or departments in a place of	2655
business used to dismantle, salvage, or rebuild motor vehicles by	2656
means of using used parts are not considered as being maintained	2657
for the purpose of assisting or furthering the manufacturing,	2658
selling, displaying, and offering for sale or dealing in motor	2659
vehicles.	2660

(X) "Operator" includes any person who drives or operates a	2661
motor vehicle upon the public highways.	2662

(Y) "Chauffeur" means any operator who operates a motor	2663
vehicle, other than a taxicab, as an employee for hire; or any	2664
operator whether or not the owner of a motor vehicle, other than a	2665
taxicab, who operates such vehicle for transporting, for gain,	2666
compensation, or profit, either persons or property owned by	2667
another. Any operator of a motor vehicle who is voluntarily	2668
involved in a ridesharing arrangement is not considered an	2669
employee for hire or operating such vehicle for gain,	2670
compensation, or profit.	2671

(Z) "State" includes the territories and federal districts of	2672
the United States, and the provinces of Canada.	2673

(AA) "Public roads and highways" for vehicles includes all	2674
public thoroughfares, bridges, and culverts.	2675

(BB) "Manufacturer's number" means the manufacturer's	2676
original serial number that is affixed to or imprinted upon the	2677
chassis or other part of the motor vehicle.	2678

(CC) "Motor number" means the manufacturer's original number	2679
that is affixed to or imprinted upon the engine or motor of the	2680
vehicle.	2681

(DD) "Distributor" means any person who is authorized by a	2682
motor vehicle manufacturer to distribute new motor vehicles to	2683
licensed motor vehicle dealers at an established place of business	2684
that is used exclusively for the purpose of distributing new motor	2685
vehicles to licensed motor vehicle dealers, except when the	2686
distributor also is a new motor vehicle dealer, in which case the	2687
distributor may distribute at the location of the distributor's	2688
licensed dealership.	2689

(EE) "Ridesharing arrangement" means the transportation of	2690
persons in a motor vehicle where the transportation is incidental	2691
to another purpose of a volunteer driver and includes ridesharing	2692
arrangements known as carpools, vanpools, and buspools.	2693

(FF) "Apportionable vehicle" means any vehicle that is used	2694
or intended for use in two or more international registration plan	2695
member jurisdictions that allocate or proportionally register	2696
vehicles, that is used for the transportation of persons for hire	2697
or designed, used, or maintained primarily for the transportation	2698
of property, and that meets any of the following qualifications:	2699

(1) Is a power unit having a gross vehicle weight in excess	2700
of twenty-six thousand pounds;	2701

(2) Is a power unit having three or more axles, regardless of	2702
the gross vehicle weight;	2703

(3) Is a combination vehicle with a gross vehicle weight in	2704
excess of twenty-six thousand pounds.	2705

"Apportionable vehicle" does not include recreational	2706
vehicles, vehicles displaying restricted plates, city pick-up and	2707
delivery vehicles, buses used for the transportation of chartered	2708
parties, or vehicles owned and operated by the United States, this	2709
state, or any political subdivisions thereof.	2710

(GG) "Chartered party" means a group of persons who contract	2711
as a group to acquire the exclusive use of a passenger-carrying	2712
motor vehicle at a fixed charge for the vehicle in accordance with	2713
the carrier's tariff, lawfully on file with the United States	2714
department of transportation, for the purpose of group travel to a	2715
specified destination or for a particular itinerary, either agreed	2716
upon in advance or modified by the chartered group after having	2717
left the place of origin.	2718

(HH) "International registration plan" means a reciprocal	2719
agreement of member jurisdictions that is endorsed by the American	2720
association of motor vehicle administrators, and that promotes and	2721
encourages the fullest possible use of the highway system by	2722
authorizing apportioned registration of fleets of vehicles and	2723
recognizing registration of vehicles apportioned in member	2724
jurisdictions.	2725

(II) "Restricted plate" means a license plate that has a	2726
restriction of time, geographic area, mileage, or commodity, and	2727
includes license plates issued to farm trucks under division (J)	2728
of section 4503.04 of the Revised Code.	2729

(JJ) "Gross vehicle weight," with regard to any commercial	2730
car, trailer, semitrailer, or bus that is taxed at the rates	2731
established under section 4503.042 or 4503.65 of the Revised Code,	2732
means the unladen weight of the vehicle fully equipped plus the	2733
maximum weight of the load to be carried on the vehicle.	2734

(KK) "Combined gross vehicle weight" with regard to any	2735
combination of a commercial car, trailer, and semitrailer, that is	2736
taxed at the rates established under section 4503.042 or 4503.65	2737
of the Revised Code, means the total unladen weight of the	2738
combination of vehicles fully equipped plus the maximum weight of	2739
the load to be carried on that combination of vehicles.	2740

(LL) "Chauffeured limousine" means a motor vehicle that is	2741
designed to carry nine or fewer passengers and is operated for	2742
hire on an hourly basis pursuant to a prearranged contract for the	2743
transportation of passengers on public roads and highways along a	2744
route under the control of the person hiring the vehicle and not	2745
over a defined and regular route. "Prearranged contract" means an	2746
agreement, made in advance of boarding, to provide transportation	2747
from a specific location in a chauffeured limousine at a fixed	2748
rate per hour or trip. "Chauffeured limousine" does not include	2749
any vehicle that is used exclusively in the business of funeral	2750
directing.	2751

(MM) "Manufactured home" has the same meaning as in division	2752
(C)(4) of section 3781.06 of the Revised Code.	2753

(NN) "Acquired situs," with respect to a manufactured home or	2754
a mobile home, means to become located in this state by the	2755
placement of the home on real property, but does not include the	2756
placement of a manufactured home or a mobile home in the inventory	2757
of a new motor vehicle dealer or the inventory of a manufacturer,	2758
remanufacturer, or distributor of manufactured or mobile homes.	2759

(OO) "Electronic" includes electrical, digital, magnetic,	2760
optical, electromagnetic, or any other form of technology that	2761
entails capabilities similar to these technologies.	2762

(PP) "Electronic record" means a record generated,	2763
communicated, received, or stored by electronic means for use in	2764
an information system or for transmission from one information	2765
system to another.	2766

(QQ) "Electronic signature" means a signature in electronic	2767
form attached to or logically associated with an electronic	2768
record.	2769

(RR) "Financial transaction device" has the same meaning as	2770
in division (A) of section 113.40 of the Revised Code.	2771

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2772
dealer licensed under Chapter 4517. of the Revised Code whom the	2773
registrar of motor vehicles determines meets the criteria	2774
designated in section 4503.035 of the Revised Code for electronic	2775
motor vehicle dealers and designates as an electronic motor	2776
vehicle dealer under that section.	2777

(TT) "Electric personal assistive mobility device" means a	2778
self-balancing two non-tandem wheeled device that is designed to	2779
transport only one person, has an electric propulsion system of an	2780
average of seven hundred fifty watts, and when ridden on a paved	2781
level surface by an operator who weighs one hundred seventy pounds	2782
has a maximum speed of less than twenty miles per hour.	2783

(UU) "Limited driving privileges" means the privilege to	2784
operate a motor vehicle that a court grants under section 4510.021	2785
of the Revised Code to a person whose driver's or commercial	2786
driver's license or permit or nonresident operating privilege has	2787
been suspended.	2788

(VV) "Utility vehicle" means a self-propelled vehicle	2789
designed with a bed, principally for the purpose of transporting	2790
material or cargo in connection with construction, agricultural,	2791
forestry, grounds maintenance, lawn and garden, materials	2792
handling, or similar activities. "Utility vehicle" includes a	2793
vehicle with a maximum attainable speed of twenty miles per hour	2794
or less that is used exclusively within the boundaries of state	2795
parks by state park employees or volunteers for the operation or	2796
maintenance of state park facilities.	2797

Sec. 4501.03. The registrar of motor vehicles shall open an	2798
account with each county and district of registration in the	2799
state, and may assign each county and district of registration in	2800
the state a unique code for identification purposes. Except as	2801
provided in section 4501.044 or division (A)(1) of section	2802
4501.045 of the Revised Code, the registrar shall pay all moneys	2803
the registrar receives under sections 4503.02,and 4503.12~~, and~~	2804
~~4504.09~~ of the Revised Code into the state treasury to the credit	2805
of the auto registration distribution fund, which is hereby	2806
created, for distribution in the manner provided for in this	2807
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	2808
~~4501.043~~ of the Revised Code. All other moneys received by the	2809
registrar shall be deposited in the state bureau of motor vehicles	2810
fund established in section 4501.25 of the Revised Code for the	2811
purposes enumerated in that section, unless otherwise provided by	2812
law.	2813

All moneys credited to the auto registration distribution	2814
fund shall be distributed to the counties and districts of	2815
registration, ~~except for funds received by the registrar under~~	2816
~~section 4504.09 of the Revised Code,~~ after receipt of	2817
certifications from the commissioners of the sinking fund	2818
certifying, as required by sections 5528.15 and 5528.35 of the	2819
Revised Code, that there are sufficient moneys to the credit of	2820
the highway improvement bond retirement fund created by section	2821
5528.12 of the Revised Code to meet in full all payments of	2822
interest, principal, and charges for the retirement of bonds and	2823
other obligations issued pursuant to Section 2g of Article VIII,	2824
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2825
Code due and payable during the current calendar year, and that	2826
there are sufficient moneys to the credit of the highway	2827
obligations bond retirement fund created by section 5528.32 of the	2828
Revised Code to meet in full all payments of interest, principal,	2829
and charges for the retirement of highway obligations issued	2830
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2831
sections 5528.30 and 5528.31 of the Revised Code due and payable	2832
during the current calendar year, in the manner provided in	2833
section 4501.04 of the Revised Code.	2834

The treasurer of state may invest any portion of the moneys	2835
credited to the auto registration distribution fund, in the same	2836
manner and subject to all the laws with respect to the investment	2837
of state funds by the treasurer of state, and all investment	2838
earnings of the fund shall be credited to the fund.	2839

Once each month the registrar shall prepare vouchers in favor	2840
of the county auditor of each county for the amount of the tax	2841
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2842
Code apportioned to the county and to the districts of	2843
registration located wholly or in part in the county auditor's	2844
county. The county auditor shall distribute the proceeds of the	2845
tax collections due the county and the districts of registration	2846
in the manner provided in section 4501.04 of the Revised Code.	2847

~~Once each month the registrar also shall prepare vouchers in~~	2848
~~favor of the county auditor of each county levying a county motor~~	2849
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	2850
~~4504.16 of the Revised Code and of each county in which is located~~	2851
~~one or more townships levying a township motor vehicle license tax~~	2852
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	2853
~~the tax due the county or townships in the county.~~	2854

All moneys received by the registrar under sections 4503.02,	2855
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	2856
to counties, townships, and municipal corporations within thirty	2857
days of the expiration of the registration year, except that a sum	2858
equal to five per cent of the total amount received under sections	2859
4503.02 and 4503.12 of the Revised Code may be reserved to make	2860
final adjustments in accordance with the formula for distribution	2861
set forth in section 4501.04 of the Revised Code. If amounts set	2862
aside to make the adjustments are inadequate, necessary	2863
adjustments shall be made immediately out of funds available for	2864
distribution for the following two registration years.	2865

Sec. 4501.031. All moneys received under section 4504.09 of	2866
the Revised Code shall be paid into the state treasury to the	2867
credit of the local motor vehicle license tax fund, which is	2868
hereby created, for distribution in the manner provided for in	2869
this chapter. The treasurer of state may invest any portion of the	2870
moneys credited to the fund in the same manner and subject to all	2871
the laws governing the investment of state funds by the treasurer	2872
of state. All investment earnings of the fund shall be credited to	2873
the fund.	2874

The registrar of motor vehicles shall open an account with	2875
each county and district of registration in the state, and may	2876
assign each county and district a code for identification	2877
purposes. The code for a county or district may be the same as the	2878
code assigned to the county or district by the registrar under	2879
section 4501.03 of the Revised Code.	2880

Once each month the registrar shall prepare vouchers in favor	2881
of the county auditor of each county levying a county motor	2882
vehicle license tax pursuant to section 4504.02, 4504.15, or	2883
4504.16 of the Revised Code and of each county in which is located	2884
one or more townships levying a township motor vehicle license tax	2885
pursuant to section 4504.18 of the Revised Code for the amount of	2886
the tax due the county or townships in the county.	2887

All moneys received by the registrar under section 4504.09 of	2888
the Revised Code shall be distributed to counties, townships, and	2889
municipal corporations within thirty days of the expiration of the	2890
registration year. Necessary adjustments shall be made immediately	2891
out of funds available for distribution for the following two	2892
registration years.	2893

Sec. 4501.04. All moneys paid into the auto registration	2894
distribution fund under section 4501.03 of the Revised Code,	2895
except ~~moneys received under section 4504.09 of the Revised Code~~	2896
~~and~~ moneys received under section 4503.02 of the Revised Code in	2897
accordance with section 4501.13 of the Revised Code, and except	2898
moneys paid for costs of audits under section 4501.03 of the	2899
Revised Code, after receipt by the treasurer of state of	2900
certifications from the commissioners of the sinking fund	2901
certifying, as required by sections 5528.15 and 5528.35 of the	2902
Revised Code, that there are sufficient moneys to the credit of	2903
the highway improvement bond retirement fund created by section	2904
5528.12 of the Revised Code to meet in full all payments of	2905
interest, principal, and charges for the retirement of bonds and	2906
other obligations issued pursuant to Section 2g of Article VIII,	2907
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2908
Code, due and payable during the current calendar year, and that	2909
there are sufficient moneys to the credit of the highway	2910
obligations bond retirement fund created by section 5528.32 of the	2911
Revised Code to meet in full all payments of interest, principal,	2912
and charges for the retirement of highway obligations issued	2913
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2914
sections 5528.30 and 5528.31 of the Revised Code due and payable	2915
during the current calendar year, shall be distributed as follows:	2916

(A) Thirty-four per cent of all such moneys are for the use	2917
of the municipal corporation or county which constitutes the	2918
district of registration. The portion of such money due to the	2919
municipal corporation shall be paid into its treasury forthwith	2920
upon receipt by the county auditor, and shall be used to plan,	2921
construct, reconstruct, repave, widen, maintain, repair, clear,	2922
and clean public highways, roads, and streets; to maintain and	2923
repair bridges and viaducts; to purchase, erect, and maintain	2924
street and traffic signs and markers; to purchase, erect, and	2925
maintain traffic lights and signals; to pay the principal,	2926
interest, and charges on bonds and other obligations issued	2927
pursuant to Chapter 133. of the Revised Code or incurred pursuant	2928
to section 5531.09 of the Revised Code for the purpose of	2929
acquiring or constructing roads, highways, bridges, or viaducts,	2930
or acquiring or making other highway improvements for which the	2931
municipal corporation may issue bonds; and to supplement revenue	2932
already available for such purposes.	2933

The county portion of such funds shall be retained in the	2934
county treasury and shall be used for the planning, maintenance,	2935
repair, construction, and repaving of public streets, and	2936
maintaining and repairing bridges and viaducts; the payment of	2937
principal, interest, and charges on bonds and other obligations	2938
issued pursuant to Chapter 133. of the Revised Code or incurred	2939
pursuant to section 5531.09 of the Revised Code for the purpose of	2940
acquiring or constructing roads, highways, bridges, or viaducts or	2941
acquiring or making other highway improvements for which the board	2942
of county commissioners may issue bonds under such chapter; and	2943
for no other purpose.	2944

(B) Five per cent of all such moneys, together with interest	2945
earned by the treasurer of state as provided in section 4501.03 of	2946
the Revised Code, shall constitute a fund for the use of the	2947
several counties for the purposes specified in division (C) of	2948
this section. The moneys shall be divided equally among all the	2949
counties in the state and shall be paid out by the registrar of	2950
motor vehicles in equal proportions to the county auditor of each	2951
county within the state.	2952

(C) Forty-seven per cent of all such moneys shall be for the	2953
use of the county in which the owner resides or in which the place	2954
is located at which the established business or branch business in	2955
connection with which the motor vehicle registered is used, for	2956
the planning, construction, reconstruction, improvement,	2957
maintenance, and repair of roads and highways; maintaining and	2958
repairing bridges and viaducts; and the payment of principal,	2959
interest, and charges on bonds and other obligations issued	2960
pursuant to Chapter 133. of the Revised Code or incurred pursuant	2961
to section 5531.09 of the Revised Code for the purpose of	2962
acquiring or constructing roads, highways, bridges, or viaducts or	2963
acquiring or making other highway improvements for which the board	2964
of county commissioners may issue bonds under such chapter.	2965

(D) Nine per cent of all such moneys shall be for the use of	2966
the several counties for the purposes specified in division (C) of	2967
this section and shall be distributed to the several counties in	2968
the ratio which the total number of miles of county roads under	2969
the jurisdiction of each board of county commissioners in each	2970
county bears to the total number of miles of county roads in the	2971
state, as determined by the director of transportation. Before	2972
such distribution is made each board of county commissioners shall	2973
certify in writing to the director the actual number of miles	2974
under its statutory jurisdiction which are used by and maintained	2975
for the public.	2976

(E) Five per cent of all such moneys shall be for the use of	2977
the several townships and shall be distributed to the several	2978
townships in the ratio which the total number of miles of township	2979
roads under the jurisdiction of each board of township trustees in	2980
each township bears to the total number of miles of township roads	2981
in the state, as determined by the director of transportation.	2982
Before such distribution is made each board of township trustees	2983
shall certify in writing to the director the actual number of	2984
miles under its statutory jurisdiction which are used by and	2985
maintained for the public.	2986

Sec. 4501.041. Except as provided in section 4501.042 of the	2987
Revised Code, all moneys received under section 4504.09 of the	2988
Revised Code with respect to counties levying county motor vehicle	2989
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	2990
the Revised Code and paid into the state treasury under section	2991
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	2992
respective counties levying such taxes for allocation and	2993
distribution as provided in section 4504.05 of the Revised Code.	2994

Sec. 4501.042. All moneys received under section 4504.09 of	2995
the Revised Code from municipal motor vehicle license taxes levied	2996
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	2997
Revised Code, and any part of the moneys received from county	2998
motor vehicle license taxes levied pursuant to section 4504.15 of	2999
the Revised Code which is to be distributed to municipal	3000
corporations, shall be paid ~~directly~~ into the state treasury to	3001
the credit of the local motor vehicle license tax fund created	3002
under section 4501.031 of the Revised Code and shall be	3003
distributed to the treasuries of the municipal corporations	3004
levying or entitled to such tax moneys.	3005

Sec. 4501.043. All moneys received under section 4504.09 of	3006
the Revised Code with respect to townships levying township	3007
license taxes pursuant to section 4504.18 of the Revised Code and	3008
paid into the state treasury under section ~~4501.03~~4501.031 of the	3009
Revised Code shall be distributed to the respective townships	3010
levying such taxes for allocation and distribution as provided in	3011
section 4504.19 of the Revised Code.	3012

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	3013
referred to in division (O) of section 4503.04, division (E) of	3014
section 4503.042, division (B) of section 4503.07, division (C)(1)	3015
of section 4503.10, division (D) of section 4503.182, division (A)	3016
of section 4503.19, division (D)(2) of section 4507.24, division	3017
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	3018
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	3019
of the Revised Code, and the taxes charged in section 4503.65 that	3020
are distributed in accordance with division (A)(2) of section	3021
4501.044 of the Revised Code unless otherwise designated by law,	3022
shall be deposited in the state treasury to the credit of the	3023
state highway safety fund, which is hereby created~~, and~~. Money	3024
credited to the fund shall, after receipt of certifications from	3025
the commissioners of the sinking fund certifying that there are	3026
sufficient moneys to the credit of the highway obligations bond	3027
retirement fund created by section 5528.32 of the Revised Code to	3028
meet in full all payments of interest, principal, and charges for	3029
the retirement of highway obligations issued pursuant to Section	3030
2i of Article VIII, Ohio Constitution, and sections 5528.30 and	3031
5528.31 of the Revised Code due and payable during the current	3032
calendar year, be used for the purpose of enforcing and paying the	3033
expenses of administering the law relative to the registration and	3034
operation of motor vehicles on the public roads or highways.	3035
Amounts credited to the fund may also be used to pay the expenses	3036
of administering and enforcing the laws under which such fees were	3037
collected. All investment earnings of the state highway safety	3038
fund shall be credited to the fund.	3039

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	3040
designate the county auditor in each county a deputy registrar. If	3041
the population of a county is forty thousand or less according to	3042
the last federal census and if the county auditor is designated by	3043
the registrar as a deputy registrar, no other person need be	3044
designated in the county to act as a deputy registrar.	3045

(b) The registrar may designate a clerk of a court of common	3046
pleas as a deputy registrar if the population of the county is	3047
forty thousand or less according to the last federal census. In a	3048
county with a population greater than forty thousand but not more	3049
than fifty thousand according to the last federal census, the	3050
clerk of a court of common pleas is eligible to act as a deputy	3051
registrar and may participate in the competitive selection process	3052
for the award of a deputy registrar contract by applying in the	3053
same manner as any other person. All fees collected and retained	3054
by a clerk for conducting deputy registrar services shall be paid	3055
into the county treasury to the credit of the certificate of title	3056
administration fund created under section 325.33 of the Revised	3057
Code.	3058

(c) In all other instances, the registrar shall contract with	3059
one or more other persons in each county to act as deputy	3060
registrars. ~~Notwithstanding~~As part of the selection process in	3061
awarding a deputy registrar contract, the registrar shall consider	3062
the customer service performance record of any person previously	3063
awarded a deputy registrar contract.	3064

Notwithstanding the county population restrictions in	3065
division (A)(1)(b) of this section, if no person applies to act	3066
under contract as a deputy registrar in a county and the county	3067
auditor is not designated as a deputy registrar, the registrar may	3068
ask the clerk of a court of common pleas to serve as the deputy	3069
registrar for that county.	3070

(2) Deputy registrars shall accept applications for the	3071
annual license tax for any vehicle not taxed under section 4503.63	3072
of the Revised Code and shall assign distinctive numbers in the	3073
same manner as the registrar. Such deputies shall be located in	3074
such locations in the county as the registrar sees fit. There	3075
shall be at least one deputy registrar in each county.	3076

Deputy registrar contracts are subject to the provisions of	3077
division (B) of section 125.081 of the Revised Code.	3078

(B) The registrar shall not contract with any person to act	3079
as a deputy registrar if the person or, where applicable, the	3080
person's spouse or a member of the person's immediate family has	3081
made, within the current calendar year or any one of the previous	3082
three calendar years, one or more contributions totaling in excess	3083
of one hundred dollars to any person or entity included in	3084
division (A)(2) of section 4503.033 of the Revised Code. As used	3085
in this division, "immediate family" has the same meaning as in	3086
division (D) of section 102.01 of the Revised Code, and "entity"	3087
includes any political party and any "continuing association" as	3088
defined in division (B)(4) of section 3517.01 of the Revised Code	3089
or "political action committee" as defined in division (B)(8) of	3090
that section that is primarily associated with that political	3091
party. For purposes of this division, contributions to any	3092
continuing association or any political action committee that is	3093
primarily associated with a political party shall be aggregated	3094
with contributions to that political party.	3095

The contribution limitations contained in this division do	3096
not apply to any county auditor or clerk of a court of common	3097
pleas. A county auditor or clerk of a court of common pleas is not	3098
required to file the disclosure statement or pay the filing fee	3099
required under section 4503.033 of the Revised Code. The	3100
limitations of this division also do not apply to a deputy	3101
registrar who, subsequent to being awarded a deputy registrar	3102
contract, is elected to an office of a political subdivision.	3103

The registrar shall not contract with either of the following	3104
to act as a deputy registrar:	3105

(1) Any elected public official other than a county auditor	3106
or, as authorized by division (A)(1)(b) of this section, a clerk	3107
of a court of common pleas, acting in an official capacity, except	3108
that, the registrar shall continue and may renew a contract with	3109
any deputy registrar who, subsequent to being awarded a deputy	3110
registrar contract, is elected to an office of a political	3111
subdivision;	3112

(2) Any person holding a current, valid contract to conduct	3113
motor vehicle inspections under section 3704.14 of the Revised	3114
Code.	3115

As used in division (B) of this section, "political	3116
subdivision" has the same meaning as in section 3501.01 of the	3117
Revised Code.	3118

(C)(1) Except as provided in division (C)(2) of this section,	3119
deputy registrars are independent contractors and neither they nor	3120
their employees are employees of this state, except that nothing	3121
in this section shall affect the status of county auditors or	3122
clerks of courts of common pleas as public officials, nor the	3123
status of their employees as employees of any of the counties of	3124
this state, which are political subdivisions of this state. Each	3125
deputy registrar shall be responsible for the payment of all	3126
unemployment compensation premiums, all workers' compensation	3127
premiums, social security contributions, and any and all taxes for	3128
which the deputy registrar is legally responsible. Each deputy	3129
registrar shall comply with all applicable federal, state, and	3130
local laws requiring the withholding of income taxes or other	3131
taxes from the compensation of the deputy registrar's employees.	3132
Each deputy registrar shall maintain during the entire term of the	3133
deputy registrar's contract a policy of business liability	3134
insurance satisfactory to the registrar and shall hold the	3135
department of public safety, the director of public safety, the	3136
bureau of motor vehicles, and the registrar harmless upon any and	3137
all claims for damages arising out of the operation of the deputy	3138
registrar agency.	3139

(2) For purposes of Chapter 4141. of the Revised Code,	3140
determinations concerning the employment of deputy registrars and	3141
their employees shall be made under Chapter 4141. of the Revised	3142
Code.	3143

(D)(1) With the approval of the director, the registrar shall	3144
adopt rules governing the terms of the contract between the	3145
registrar and each deputy registrar and specifications for the	3146
services to be performed. The rules shall include specifications	3147
relating to the amount of bond to be given as provided in this	3148
section; the size and location of the deputy's office; and the	3149
leasing of equipment necessary to conduct the vision screenings	3150
required under section 4507.12 of the Revised Code and training in	3151
the use of the equipment. The specifications shall permit and	3152
encourage every deputy registrar to inform the public of the	3153
location of the deputy registrar's office and hours of operation	3154
by means of public service announcements and allow any deputy	3155
registrar to advertise in regard to the operation of the deputy	3156
registrar's office. The rules also shall include specifications	3157
for the hours the deputy's office is to be open to the public and	3158
shall require as a minimum that one deputy's office in each county	3159
be open to the public for at least four hours each weekend,	3160
provided that if only one deputy's office is located within the	3161
boundary of the county seat, that office is the office that shall	3162
be open for the four-hour period each weekend~~, and that every~~	3163
~~deputy's office in each county shall be open to the public until~~	3164
~~six-thirty p.m. on at least one weeknight each week~~. The rules	3165
also shall include specifications providing that every deputy in	3166
each county, upon request, provide any person with information	3167
about the location and office hours of all deputy registrars in	3168
the county and that every deputy prominently display within the	3169
deputy's office, the toll-free telephone number of the bureau. The	3170
rules shall not prohibit the award of a deputy registrar contract	3171
to a nonprofit corporation formed under the laws of this state.	3172
The rules shall prohibit any deputy registrar from operating more	3173
than one such office at any time, except that the rules may permit	3174
a nonprofit corporation formed for the purposes of providing	3175
automobile-related services to its members or the public and that	3176
provides such services from more than one location in this state	3177
to operate a deputy registrar office at any such location,	3178
provided that the nonprofit corporation operates no more than one	3179
deputy registrar office in any one county. The rules may include	3180
such other specifications as the registrar and director consider	3181
necessary to provide a high level of service.	3182

The rules shall establish procedures for a deputy registrar	3183
who requests such authority to collect reinstatement fees under	3184
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	3185
4510.72, and 4511.191 of the Revised Code and to transmit the	3186
reinstatement fees and two dollars of the service fee collected	3187
under those sections. The registrar shall ensure that, not later	3188
than January 1, 2012, at least one deputy registrar in each county	3189
has the necessary equipment and is able to accept reinstatement	3190
fees. The registrar shall deposit the service fees received from a	3191
deputy registrar under those sections into the state bureau of	3192
motor vehicles fund created in section 4501.25 of the Revised Code	3193
and shall use the money for deputy registrar equipment necessary	3194
in connection with accepting reinstatement fees.	3195

(2) As a daily adjustment, the bureau of motor vehicles shall	3196
credit to a deputy registrar three dollars and fifty cents for	3197
each damaged license plate or validation sticker the deputy	3198
registrar replaces as a service to a member of the public.	3199

(3)(a) With the prior approval of the registrar, each deputy	3200
registrar may conduct at the location of the deputy registrar's	3201
office any business that is consistent with the functions of a	3202
deputy registrar and that is not specifically mandated or	3203
authorized by this or another chapter of the Revised Code or by	3204
implementing rules of the registrar.	3205

(b) In accordance with guidelines the director of public	3206
safety shall establish, a deputy registrar may operate or contract	3207
for the operation of a vending machine at a deputy registrar	3208
location if products of the vending machine are consistent with	3209
the functions of a deputy registrar.	3210

(c) A deputy registrar may enter into an agreement with the	3211
Ohio turnpike and infrastructure commission pursuant to division	3212
(A)(11) of section 5537.04 of the Revised Code for the purpose of	3213
allowing the general public to acquire from the deputy registrar	3214
the electronic toll collection devices that are used under the	3215
multi-jurisdiction electronic toll collection agreement between	3216
the Ohio turnpike and infrastructure commission and any other	3217
entities or agencies that participate in such an agreement. The	3218
approval of the registrar is not necessary if a deputy registrar	3219
engages in this activity.	3220

(4) As used in this section and in section 4507.01 of the	3221
Revised Code, "nonprofit corporation" has the same meaning as in	3222
section 1702.01 of the Revised Code.	3223

(E) Unless otherwise terminated and except for interim	3224
contracts of less than one year, contracts with deputy registrars	3225
shall be for a term of at least two years, but no more than three	3226
years, and all contracts effective on or after July 1, 1996, shall	3227
be for a term of more than two years, but not more than three	3228
years. All contracts with deputy registrars shall expire on the	3229
last Saturday of June in the year of their expiration. The auditor	3230
of state may examine the accounts, reports, systems, and other	3231
data of each deputy registrar at least every two years. The	3232
registrar, with the approval of the director, shall immediately	3233
remove a deputy who violates any provision of the Revised Code	3234
related to the duties as a deputy, any rule adopted by the	3235
registrar, or a term of the deputy's contract with the registrar.	3236
The registrar also may remove a deputy who, in the opinion of the	3237
registrar, has engaged in any conduct that is either unbecoming to	3238
one representing this state or is inconsistent with the efficient	3239
operation of the deputy's office.	3240

If the registrar, with the approval of the director,	3241
determines that there is good cause to believe that a deputy	3242
registrar or a person proposing for a deputy registrar contract	3243
has engaged in any conduct that would require the denial or	3244
termination of the deputy registrar contract, the registrar may	3245
require the production of books, records, and papers as the	3246
registrar determines are necessary, and may take the depositions	3247
of witnesses residing within or outside the state in the same	3248
manner as is prescribed by law for the taking of depositions in	3249
civil actions in the court of common pleas, and for that purpose	3250
the registrar may issue a subpoena for any witness or a subpoena	3251
duces tecum to compel the production of any books, records, or	3252
papers, directed to the sheriff of the county where the witness	3253
resides or is found. Such a subpoena shall be served and returned	3254
in the same manner as a subpoena in a criminal case is served and	3255
returned. The fees of the sheriff shall be the same as that	3256
allowed in the court of common pleas in criminal cases. Witnesses	3257
shall be paid the fees and mileage provided for under section	3258
119.094 of the Revised Code. The fees and mileage shall be paid	3259
from the fund in the state treasury for the use of the agency in	3260
the same manner as other expenses of the agency are paid.	3261

In any case of disobedience or neglect of any subpoena served	3262
on any person or the refusal of any witness to testify to any	3263
matter regarding which the witness lawfully may be interrogated,	3264
the court of common pleas of any county where the disobedience,	3265
neglect, or refusal occurs or any judge of that court, on	3266
application by the registrar, shall compel obedience by attachment	3267
proceedings for contempt, as in the case of disobedience of the	3268
requirements of a subpoena issued from that court, or a refusal to	3269
testify in that court.	3270

Nothing in this division shall be construed to require a	3271
hearing of any nature prior to the termination of any deputy	3272
registrar contract by the registrar, with the approval of the	3273
director, for cause.	3274

(F) Except as provided in section 2743.03 of the Revised	3275
Code, no court, other than the court of common pleas of Franklin	3276
county, has jurisdiction of any action against the department of	3277
public safety, the director, the bureau, or the registrar to	3278
restrain the exercise of any power or authority, or to entertain	3279
any action for declaratory judgment, in the selection and	3280
appointment of, or contracting with, deputy registrars. Neither	3281
the department, the director, the bureau, nor the registrar is	3282
liable in any action at law for damages sustained by any person	3283
because of any acts of the department, the director, the bureau,	3284
or the registrar, or of any employee of the department or bureau,	3285
in the performance of official duties in the selection and	3286
appointment of, and contracting with, deputy registrars.	3287

(G) The registrar shall assign to each deputy registrar a	3288
series of numbers sufficient to supply the demand at all times in	3289
the area the deputy registrar serves, and the registrar shall keep	3290
a record in the registrar's office of the numbers within the	3291
series assigned. Each deputy shall be required to give bond in the	3292
amount of at least twenty-five thousand dollars, or in such higher	3293
amount as the registrar determines necessary, based on a uniform	3294
schedule of bond amounts established by the registrar and	3295
determined by the volume of registrations handled by the deputy.	3296
The form of the bond shall be prescribed by the registrar. The	3297
bonds required of deputy registrars, in the discretion of the	3298
registrar, may be individual or schedule bonds or may be included	3299
in any blanket bond coverage carried by the department.	3300

(H) Each deputy registrar shall keep a file of each	3301
application received by the deputy and shall register that motor	3302
vehicle with the name and address of its owner.	3303

(I) Upon request, a deputy registrar shall make the physical	3304
inspection of a motor vehicle and issue the physical inspection	3305
certificate required in section 4505.061 of the Revised Code.	3306

(J) Each deputy registrar shall file a report ~~semi-annually~~	3307
semiannually with the registrar of motor vehicles listing the	3308
number of applicants for licenses the deputy has served, the	3309
number of voter registration applications the deputy has completed	3310
and transmitted to the board of elections, and the number of voter	3311
registration applications declined.	3312

Sec. 4503.04. Except as provided in sections 4503.042 and	3313
4503.65 of the Revised Code for the registration of commercial	3314
cars, trailers, semitrailers, and certain buses, the rates of the	3315
taxes imposed by section 4503.02 of the Revised Code shall be as	3316
follows:	3317

(A) For motor vehicles having three wheels or less, the	3318
license tax is:	3319

(1) For each motorized bicycle, ten dollars;

3320

(2) For each motorcycle, fourteen dollars.

3321

(B) For each passenger car, twenty dollars;

3322

(C) For each manufactured home, each mobile home, and each	3323
travel trailer, ten dollars;	3324

(D) For each noncommercial motor vehicle designed by the	3325
manufacturer to carry a load of no more than three-quarters of one	3326
ton and for each motor home, thirty-five dollars; for each	3327
noncommercial motor vehicle designed by the manufacturer to carry	3328
a load of more than three-quarters of one ton, but not more than	3329
one ton, seventy dollars;	3330

(E) For each noncommercial trailer, the license tax is:

3331

(1) Eighty-five cents for each one hundred pounds or part	3332
thereof for the first two thousand pounds or part thereof of	3333
weight of vehicle fully equipped;	3334

(2) One dollar and forty cents for each one hundred pounds or	3335
part thereof in excess of two thousand pounds up to and including	3336
ten thousand pounds.	3337

(F) Notwithstanding its weight, twelve dollars for any:

3338

(1) Vehicle equipped, owned, and used by a charitable or	3339
nonprofit corporation exclusively for the purpose of administering	3340
chest x-rays or receiving blood donations;	3341

(2) Van used principally for the transportation of	3342
handicapped persons that has been modified by being equipped with	3343
adaptive equipment to facilitate the movement of such persons into	3344
and out of the van;	3345

(3) Bus used principally for the transportation of	3346
handicapped persons or persons sixty-five years of age or older.	3347

(G) Notwithstanding its weight, twenty dollars for any bus	3348
used principally for the transportation of persons in a	3349
ridesharing arrangement.	3350

(H) For each transit bus having motor power the license tax	3351
is twelve dollars.	3352

"Transit bus" means either a motor vehicle having a seating	3353
capacity of more than seven persons which is operated and used by	3354
any person in the rendition of a public mass transportation	3355
service primarily in a municipal corporation or municipal	3356
corporations and provided at least seventy-five per cent of the	3357
annual mileage of such service and use is within such municipal	3358
corporation or municipal corporations or a motor vehicle having a	3359
seating capacity of more than seven persons which is operated	3360
solely for the transportation of persons associated with a	3361
charitable or nonprofit corporation, but does not mean any motor	3362
vehicle having a seating capacity of more than seven persons when	3363
such vehicle is used in a ridesharing capacity or any bus	3364
described by division (F)(3) of this section.	3365

The application for registration of such transit bus shall be	3366
accompanied by an affidavit prescribed by the registrar of motor	3367
vehicles and signed by the person or an agent of the firm or	3368
corporation operating such bus stating that the bus has a seating	3369
capacity of more than seven persons, and that it is either to be	3370
operated and used in the rendition of a public mass transportation	3371
service and that at least seventy-five per cent of the annual	3372
mileage of such operation and use shall be within one or more	3373
municipal corporations or that it is to be operated solely for the	3374
transportation of persons associated with a charitable or	3375
nonprofit corporation.	3376

The form of the license plate, and the manner of its	3377
attachment to the vehicle, shall be prescribed by the registrar of	3378
motor vehicles.	3379

(I) The minimum tax for any vehicle having motor power other	3380
than a farm truck, a motorized bicycle, or motorcycle is ten	3381
dollars and eighty cents, and for each noncommercial trailer, five	3382
dollars.	3383

(J)(1) Except as otherwise provided in division (J) of this	3384
section, for each farm truck, except a noncommercial motor	3385
vehicle, that is owned, controlled, or operated by one or more	3386
farmers exclusively in farm use as defined in this section, and	3387
not for commercial purposes, and provided that at least	3388
seventy-five per cent of such farm use is by or for the one or	3389
more owners, controllers, or operators of the farm in the	3390
operation of which a farm truck is used, the license tax is five	3391
dollars plus:	3392

(a) Fifty cents per one hundred pounds or part thereof for	3393
the first three thousand pounds;	3394

(b) Seventy cents per one hundred pounds or part thereof in	3395
excess of three thousand pounds up to and including four thousand	3396
pounds;	3397

(c) Ninety cents per one hundred pounds or part thereof in	3398
excess of four thousand pounds up to and including six thousand	3399
pounds;	3400

(d) Two dollars for each one hundred pounds or part thereof	3401
in excess of six thousand pounds up to and including ten thousand	3402
pounds;	3403

(e) Two dollars and twenty-five cents for each one hundred	3404
pounds or part thereof in excess of ten thousand pounds;	3405

(f) The minimum license tax for any farm truck shall be	3406
twelve dollars.	3407

(2) The owner of a farm truck may register the truck for a	3408
period of one-half year by paying one-half the registration tax	3409
imposed on the truck under this chapter and one-half the amount of	3410
any tax imposed on the truck under Chapter 4504. of the Revised	3411
Code.	3412

(3) A farm bus may be registered for a period of ~~ninety~~two	3413
hundred ten days from the date of issue of the license plates for	3414
the bus, for a fee of ten dollars, provided such license plates	3415
shall not be issued for more than ~~any two ninety-day periods~~one	3416
such period in any calendar year. Such use does not include the	3417
operation of trucks by commercial processors of agricultural	3418
products.	3419

(4) License plates for farm trucks and for farm buses shall	3420
have some distinguishing marks, letters, colors, or other	3421
characteristics to be determined by the director of public safety.	3422

(5) Every person registering a farm truck or bus under this	3423
section shall furnish an affidavit certifying that the truck or	3424
bus licensed to that person is to be so used as to meet the	3425
requirements necessary for the farm truck or farm bus	3426
classification.	3427

Any farmer may use a truck owned by the farmer for commercial	3428
purposes by paying the difference between the commercial truck	3429
registration fee and the farm truck registration fee for the	3430
remaining part of the registration period for which the truck is	3431
registered. Such remainder shall be calculated from the beginning	3432
of the semiannual period in which application for such commercial	3433
license is made.	3434

Taxes at the rates provided in this section are in lieu of	3435
all taxes on or with respect to the ownership of such motor	3436
vehicles, except as provided in section 4503.042 and section	3437
4503.06 of the Revised Code.	3438

(K) Other than trucks registered under the international	3439
registration plan in another jurisdiction and for which this state	3440
has received an apportioned registration fee, the license tax for	3441
each truck which is owned, controlled, or operated by a	3442
nonresident, and licensed in another state, and which is used	3443
exclusively for the transportation of nonprocessed agricultural	3444
products intrastate, from the place of production to the place of	3445
processing, is twenty-four dollars.	3446

"Truck," as used in this division, means any pickup truck,	3447
straight truck, semitrailer, or trailer other than a travel	3448
trailer. Nonprocessed agricultural products, as used in this	3449
division, does not include livestock or grain.	3450

A license issued under this division shall be issued for a	3451
period of one hundred thirty days in the same manner in which all	3452
other licenses are issued under this section, provided that no	3453
truck shall be so licensed for more than one	3454
one-hundred-thirty-day period during any calendar year.	3455

The license issued pursuant to this division shall consist of	3456
a windshield decal to be designed by the director of public	3457
safety.	3458

Every person registering a truck under this division shall	3459
furnish an affidavit certifying that the truck licensed to the	3460
person is to be used exclusively for the purposes specified in	3461
this division.	3462

(L) Every person registering a motor vehicle as a	3463
noncommercial motor vehicle as defined in section 4501.01 of the	3464
Revised Code, or registering a trailer as a noncommercial trailer	3465
as defined in that section, shall furnish an affidavit certifying	3466
that the motor vehicle or trailer so licensed to the person is to	3467
be so used as to meet the requirements necessary for the	3468
noncommercial vehicle classification.	3469

(M) Every person registering a van or bus as provided in	3470
divisions (F)(2) and (3) of this section shall furnish a notarized	3471
statement certifying that the van or bus licensed to the person is	3472
to be used for the purposes specified in those divisions. The form	3473
of the license plate issued for such motor vehicles shall be	3474
prescribed by the registrar.	3475

(N) Every person registering as a passenger car a motor	3476
vehicle designed and used for carrying more than nine but not more	3477
than fifteen passengers, and every person registering a bus as	3478
provided in division (G) of this section, shall furnish an	3479
affidavit certifying that the vehicle so licensed to the person is	3480
to be used in a ridesharing arrangement and that the person will	3481
have in effect whenever the vehicle is used in a ridesharing	3482
arrangement a policy of liability insurance with respect to the	3483
motor vehicle in amounts and coverages no less than those required	3484
by section 4509.79 of the Revised Code. The form of the license	3485
plate issued for such a motor vehicle shall be prescribed by the	3486
registrar.	3487

(O)(1) Commencing on October 1, 2009, if an application for	3488
registration renewal is not applied for prior to the expiration	3489
date of the registration or within ~~seven~~thirty days after that	3490
date, the registrar or deputy registrar shall collect a fee of	3491
~~twenty~~ten dollars for the issuance of the vehicle registration.	3492
For any motor vehicle that is used on a seasonal basis, whether	3493
used for general transportation or not, and that has not been used	3494
on the public roads or highways since the expiration of the	3495
registration, the registrar or deputy registrar shall waive the	3496
fee established under this division if the application is	3497
accompanied by supporting evidence of seasonal use as the	3498
registrar may require. The registrar or deputy registrar may waive	3499
the fee for other good cause shown if the application is	3500
accompanied by supporting evidence as the registrar may require.	3501
The fee shall be in addition to all other fees established by this	3502
section. A deputy registrar shall retain fifty cents of the fee	3503
and shall transmit the remaining amount to the registrar at the	3504
time and in the manner provided by section 4503.10 of the Revised	3505
Code. The registrar shall deposit all moneys received under this	3506
division into the state highway safety fund established in section	3507
4501.06 of the Revised Code.	3508

(2) Division (O)(1) of this section does not apply to a farm	3509
truck or farm bus registered under division (J) of this section.	3510

(P) As used in this section:

3511

(1) "Van" means any motor vehicle having a single rear axle	3512
and an enclosed body without a second seat.	3513

(2) "Handicapped person" means any person who has lost the	3514
use of one or both legs, or one or both arms, or is blind, deaf,	3515
or so severely disabled as to be unable to move about without the	3516
aid of crutches or a wheelchair.	3517

(3) "Farm truck" means a truck used in the transportation	3518
from the farm of products of the farm, including livestock and its	3519
products, poultry and its products, floricultural and	3520
horticultural products, and in the transportation to the farm of	3521
supplies for the farm, including tile, fence, and every other	3522
thing or commodity used in agricultural, floricultural,	3523
horticultural, livestock, and poultry production and livestock,	3524
poultry, and other animals and things used for breeding, feeding,	3525
or other purposes connected with the operation of the farm.	3526

(4) "Farm bus" means a bus used only for the transportation	3527
of agricultural employees and used only in the transportation of	3528
such employees as are necessary in the operation of the farm.	3529

(5) "Farm supplies" includes fuel used exclusively in the	3530
operation of a farm, including one or more homes located on and	3531
used in the operation of one or more farms, and furniture and	3532
other things used in and around such homes.	3533

Sec. 4503.042. The registrar of motor vehicles shall adopt	3534
rules establishing the date, subsequent to this state's entry into	3535
membership in the international registration plan, when the rates	3536
established by this section become operative.	3537

(A) The rates of the taxes imposed by section 4503.02 of the	3538
Revised Code are as follows for commercial cars having a gross	3539
vehicle weight or combined gross vehicle weight of:	3540

(1) Not more than two thousand pounds, forty-five dollars;

3541

(2) More than two thousand but not more than six thousand	3542
pounds, seventy dollars;	3543

(3) More than six thousand but not more than ten thousand	3544
pounds, eighty-five dollars;	3545

(4) More than ten thousand but not more than fourteen	3546
thousand pounds, one hundred five dollars;	3547

(5) More than fourteen thousand but not more than eighteen	3548
thousand pounds, one hundred twenty-five dollars;	3549

(6) More than eighteen thousand but not more than twenty-two	3550
thousand pounds, one hundred fifty dollars;	3551

(7) More than twenty-two thousand but not more than	3552
twenty-six thousand pounds, one hundred seventy-five dollars;	3553

(8) More than twenty-six thousand but not more than thirty	3554
thousand pounds, three hundred fifty-five dollars;	3555

(9) More than thirty thousand but not more than thirty-four	3556
thousand pounds, four hundred twenty dollars;	3557

(10) More than thirty-four thousand but not more than	3558
thirty-eight thousand pounds, four hundred eighty dollars;	3559

(11) More than thirty-eight thousand but not more than	3560
forty-two thousand pounds, five hundred forty dollars;	3561

(12) More than forty-two thousand but not more than forty-six	3562
thousand pounds, six hundred dollars;	3563

(13) More than forty-six thousand but not more than fifty	3564
thousand pounds, six hundred sixty dollars;	3565

(14) More than fifty thousand but not more than fifty-four	3566
thousand pounds, seven hundred twenty-five dollars;	3567

(15) More than fifty-four thousand but not more than	3568
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3569

(16) More than fifty-eight thousand but not more than	3570
sixty-two thousand pounds, eight hundred fifty-five dollars;	3571

(17) More than sixty-two thousand but not more than sixty-six	3572
thousand pounds, nine hundred twenty-five dollars;	3573

(18) More than sixty-six thousand but not more than seventy	3574
thousand pounds, nine hundred ninety-five dollars;	3575

(19) More than seventy thousand but not more than	3576
seventy-four thousand pounds, one thousand eighty dollars;	3577

(20) More than seventy-four thousand but not more than	3578
seventy-eight thousand pounds, one thousand two hundred dollars;	3579

(21) More than seventy-eight thousand pounds, one thousand	3580
three hundred forty dollars.	3581

(B) The rates of the taxes imposed by section 4503.02 of the	3582
Revised Code are as follows for buses having a gross vehicle	3583
weight or combined gross vehicle weight of:	3584

(1) Not more than two thousand pounds, ten dollars;

3585

(2) More than two thousand but not more than six thousand	3586
pounds, forty dollars;	3587

(3) More than six thousand but not more than ten thousand	3588
pounds, one hundred dollars;	3589

(4) More than ten thousand but not more than fourteen	3590
thousand pounds, one hundred eighty dollars;	3591

(5) More than fourteen thousand but not more than eighteen	3592
thousand pounds, two hundred sixty dollars;	3593

(6) More than eighteen thousand but not more than twenty-two	3594
thousand pounds, three hundred forty dollars;	3595

(7) More than twenty-two thousand but not more than	3596
twenty-six thousand pounds, four hundred twenty dollars;	3597

(8) More than twenty-six thousand but not more than thirty	3598
thousand pounds, five hundred dollars;	3599

(9) More than thirty thousand but not more than thirty-four	3600
thousand pounds, five hundred eighty dollars;	3601

(10) More than thirty-four thousand but not more than	3602
thirty-eight thousand pounds, six hundred sixty dollars;	3603

(11) More than thirty-eight thousand but not more than	3604
forty-two thousand pounds, seven hundred forty dollars;	3605

(12) More than forty-two thousand but not more than forty-six	3606
thousand pounds, eight hundred twenty dollars;	3607

(13) More than forty-six thousand but not more than fifty	3608
thousand pounds, nine hundred forty dollars;	3609

(14) More than fifty thousand but not more than fifty-four	3610
thousand pounds, one thousand dollars;	3611

(15) More than fifty-four thousand but not more than	3612
fifty-eight thousand pounds, one thousand ninety dollars;	3613

(16) More than fifty-eight thousand but not more than	3614
sixty-two thousand pounds, one thousand one hundred eighty	3615
dollars;	3616

(17) More than sixty-two thousand but not more than sixty-six	3617
thousand pounds, one thousand two hundred seventy dollars;	3618

(18) More than sixty-six thousand but not more than seventy	3619
thousand pounds, one thousand three hundred sixty dollars;	3620

(19) More than seventy thousand but not more than	3621
seventy-four thousand pounds, one thousand four hundred fifty	3622
dollars;	3623

(20) More than seventy-four thousand but not more than	3624
seventy-eight thousand pounds, one thousand five hundred forty	3625
dollars;	3626

(21) More than seventy-eight thousand pounds, one thousand	3627
six hundred thirty dollars.	3628

(C) In addition to the license taxes imposed at the rates	3629
specified in divisions (A) and (B) of this section, an	3630
administrative fee of three dollars and fifty cents, plus an	3631
appropriate amount to cover the cost of postage, shall be	3632
collected by the registrar for each international registration	3633
plan license processed by the registrar.	3634

(D) The rate of the tax for each trailer and semitrailer is	3635
twenty-five dollars.	3636

(E) Commencing on October 1, 2009, if an application for	3637
registration renewal is not applied for prior to the expiration	3638
date of the registration or within ~~seven~~thirty days after that	3639
date, the registrar or deputy registrar shall collect a fee of	3640
~~twenty~~ten dollars for the issuance of the vehicle registration,	3641
but may waive the fee for good cause shown if the application is	3642
accompanied by supporting evidence as the registrar may require.	3643
The fee shall be in addition to all other fees established by this	3644
section. A deputy registrar shall retain fifty cents of the fee	3645
and shall transmit the remaining amount to the registrar at the	3646
time and in the manner provided by section 4503.10 of the Revised	3647
Code. The registrar shall deposit all moneys received under this	3648
division into the state highway safety fund established in section	3649
4501.06 of the Revised Code.	3650

(F) The rates established by this section shall not apply to	3651
any of the following:	3652

(1) Vehicles equipped, owned, and used by a charitable or	3653
nonprofit corporation exclusively for the purpose of administering	3654
chest x-rays or receiving blood donations;	3655

(2) Vans used principally for the transportation of	3656
handicapped persons that have been modified by being equipped with	3657
adaptive equipment to facilitate the movement of such persons into	3658
and out of the vans;	3659

(3) Buses used principally for the transportation of	3660
handicapped persons or persons sixty-five years of age or older;	3661

(4) Buses used principally for the transportation of persons	3662
in a ridesharing arrangement;	3663

(5) Transit buses having motor power;

3664

(6) Noncommercial trailers, mobile homes, or manufactured	3665
homes.	3666

Sec. 4503.07. (A) In lieu of the schedule of rates for	3667
commercial cars fixed in section 4503.04 of the Revised Code, the	3668
fee shall be ten dollars for each church bus used exclusively to	3669
transport members of a church congregation to and from church	3670
services or church functions or to transport children and their	3671
authorized supervisors to and from any camping function sponsored	3672
by a nonprofit, tax-exempt, charitable or philanthropic	3673
organization. A church within the meaning of this section is an	3674
organized religious group, duly constituted with officers and a	3675
board of trustees, regularly holding religious services, and	3676
presided over or administered to by a properly accredited	3677
ecclesiastical officer, whose name and standing is published in	3678
the official publication of the officer's religious group.	3679

(B) Commencing on October 1, 2009, if an application for	3680
registration renewal is not applied for prior to the expiration	3681
date of the registration or within ~~seven~~thirty days after that	3682
date, the registrar or deputy registrar shall collect a fee of	3683
~~twenty~~ten dollars for the issuance of the vehicle registration,	3684
but may waive the fee for good cause shown if the application is	3685
accompanied by supporting evidence as the registrar may require.	3686
The fee shall be in addition to all other fees established by this	3687
section. A deputy registrar shall retain fifty cents of the fee	3688
and shall transmit the remaining amount to the registrar at the	3689
time and in the manner provided by section 4503.10 of the Revised	3690
Code. The registrar shall deposit all moneys received under this	3691
division into the state highway safety fund established in section	3692
4501.06 of the Revised Code.	3693

(C) The application for registration of such bus shall be	3694
accompanied by the following, as applicable:	3695

(1) An affidavit, prescribed by the registrar of motor	3696
vehicles and signed by either the senior pastor, minister, priest,	3697
or rabbi of the church making application or by the head of the	3698
governing body of the church making application, stating that the	3699
bus is to be used exclusively to transport members of a church	3700
congregation to and from church services or church functions or to	3701
transport children and their authorized supervisors to and from	3702
any camping function sponsored by a nonprofit, tax-exempt,	3703
charitable, or philanthropic organization;	3704

(2) A certificate from the state highway patrol stating that	3705
the bus involved is safe for operation in accordance with such	3706
standards as are prescribed by the state highway patrol if the bus	3707
meets either of the following:	3708

(a) It originally was designed by the manufacturer to	3709
transport sixteen or more passengers, including the driver;	3710

(b) It has a gross vehicle weight rating of ten thousand one	3711
pounds or more.	3712

(D) The form of the license plate and the manner of its	3713
attachment to the vehicle shall be prescribed by the registrar.	3714

Sec. 4503.103. (A)(1)~~(a)(i)~~ The registrar of motor vehicles	3715
may adopt rules to permit any person or lessee, other than a	3716
person receiving an apportioned license plate under the	3717
international registration plan, who owns or leases one or more	3718
motor vehicles to file a written application for registration for	3719
no more than five succeeding registration years. The rules adopted	3720
by the registrar may designate the classes of motor vehicles that	3721
are eligible for such registration. At the time of application,	3722
all annual taxes and fees shall be paid for each year for which	3723
the person is registering.	3724

~~(ii)~~(2)(a) Not later than ~~October 1, 2009~~December 31, 2013,	3725
the registrar shall adopt rules to permit any person or lessee who	3726
owns or leases a trailer or semitrailer that is subject to the tax	3727
rates prescribed in section 4503.042 of the Revised Code for such	3728
trailers or semitrailers to file a written application for	3729
registration for ~~not more than five~~any number of succeeding	3730
registration years, including a permanent registration. At the	3731
time of application, all annual taxes and fees shall be paid for	3732
each year for which the person is registering, provided that the	3733
annual taxes due, regardless of the number of years for which the	3734
person is registering, shall not exceed two hundred dollars. A	3735
person who registers a vehicle under division (A)~~(1)(a)(ii)~~(2) of	3736
this section shall pay for each year of registration the	3737
additional fee established under division (C)(1) of section	3738
4503.10 of the Revised Code, provided that the additional fee due,	3739
regardless of the number of years for which the person is	3740
registering, shall not exceed eighty-eight dollars. The person	3741
also shall pay one single deputy registrar service fee in the	3742
amount specified in division (D) of section 4503.10 of the Revised	3743
Code or one single bureau of motor vehicles service fee in the	3744
amount specified in division (G) of that section, as applicable,	3745
regardless of the number of years for which the person is	3746
registering.	3747

(b) In addition, each person registering a trailer or	3748
semitrailer under division (A)(2)(a) of this section shall pay any	3749
applicable local motor vehicle license tax levied under Chapter	3750
4504. of Revised Code for each year for which the person is	3751
registering, provided that not more than eight times any such	3752
annual local taxes shall be due upon registration.	3753

(c) The period of registration for a trailer or semitrailer	3754
registered under division (A)(2)(a) of this section is exclusive	3755
to the trailer or semitrailer for which that certificate of	3756
registration is issued and is not transferable to any other	3757
trailer or semitrailer.	3758

~~(b)(i)~~(3) Except as provided in division (A)~~(1)(b)(ii)~~(4) of	3759
this section, the registrar shall adopt rules to permit any person	3760
who owns a motor vehicle to file an application for registration	3761
for ~~the next two~~not more than five succeeding registration years.	3762
At the time of application, the person shall pay the annual taxes	3763
and fees for each registration year, calculated in accordance with	3764
division (C) of section 4503.11 of the Revised Code. A person who	3765
is registering a vehicle under division (A)~~(1)(b)~~(3) of this	3766
section shall pay for each year of registration the additional fee	3767
established under division (C)(1) of section 4503.10 of the	3768
Revised Code. The person shall also pay ~~one and one-half times the~~	3769
~~amount of~~ the deputy registrar service fee ~~specified in division~~	3770
~~(D) of section 4503.10 of the Revised Code~~ or the bureau of motor	3771
vehicles service fee ~~specified in division (G) of that section~~, as	3772
~~applicable~~follows:	3773

(a) For a two-year registration, the service fee is five	3774
dollars and twenty-five cents.	3775

(b) For a three-year registration, the service fee is eight	3776
dollars.	3777

(c) For a four- or five-year registration, the service fee is	3778
ten dollars.	3779

~~(ii)~~(4) Division (A)~~(1)(b)(i)~~(3) of this section does not	3780
apply to a person receiving an apportioned license plate under the	3781
international registration plan, or the owner of a commercial car	3782
used solely in intrastate commerce, or the owner of a bus as	3783
defined in section 4513.50 of the Revised Code.	3784

~~(2)~~(B) No person applying for a multi-year registration under	3785
division (A)~~(1)~~ of this section is entitled to a refund of any	3786
taxes or fees paid.	3787

~~(3)~~(C) The registrar shall not issue to any applicant who has	3788
been issued a final, nonappealable order under division ~~(B)~~(D) of	3789
this section a multi-year registration or renewal thereof under	3790
this division or rules adopted under it for any motor vehicle that	3791
is required to be inspected under section 3704.14 of the Revised	3792
Code the district of registration of which, as determined under	3793
section 4503.10 of the Revised Code, is or is located in the	3794
county named in the order.	3795

~~(B)~~(D) Upon receipt from the director of environmental	3796
protection of a notice issued under rules adopted under section	3797
3704.14 of the Revised Code indicating that an owner of a motor	3798
vehicle that is required to be inspected under that section who	3799
obtained a multi-year registration for the vehicle under division	3800
(A) of this section or rules adopted under that division has not	3801
obtained a required inspection certificate for the vehicle, the	3802
registrar in accordance with Chapter 119. of the Revised Code	3803
shall issue an order to the owner impounding the certificate of	3804
registration and identification license plates for the vehicle.	3805
The order also shall prohibit the owner from obtaining or renewing	3806
a multi-year registration for any vehicle that is required to be	3807
inspected under that section, the district of registration of	3808
which is or is located in the same county as the county named in	3809
the order during the number of years after expiration of the	3810
current multi-year registration that equals the number of years	3811
for which the current multi-year registration was issued.	3812

An order issued under this division shall require the owner	3813
to surrender to the registrar the certificate of registration and	3814
license plates for the vehicle named in the order within five days	3815
after its issuance. If the owner fails to do so within that time,	3816
the registrar shall certify that fact to the county sheriff or	3817
local police officials who shall recover the certificate of	3818
registration and license plates for the vehicle.	3819

~~(C)~~(E) Upon the occurrence of either of the following	3820
circumstances, the registrar in accordance with Chapter 119. of	3821
the Revised Code shall issue to the owner a modified order	3822
rescinding the provisions of the order issued under division	3823
~~(B)~~(D) of this section impounding the certificate of registration	3824
and license plates for the vehicle named in that original order:	3825

(1) Receipt from the director of environmental protection of	3826
a subsequent notice under rules adopted under section 3704.14 of	3827
the Revised Code that the owner has obtained the inspection	3828
certificate for the vehicle as required under those rules;	3829

(2) Presentation to the registrar by the owner of the	3830
required inspection certificate for the vehicle.	3831

~~(D)~~(F) The owner of a motor vehicle for which the certificate	3832
of registration and license plates have been impounded pursuant to	3833
an order issued under division ~~(B)~~(D) of this section, upon	3834
issuance of a modified order under division ~~(C)~~(E) of this	3835
section, may apply to the registrar for their return. A fee of two	3836
dollars and fifty cents shall be charged for the return of the	3837
certificate of registration and license plates for each vehicle	3838
named in the application.	3839

Sec. 4503.11. (A) Except as provided by sections 4503.103,	3840
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	3841
person who is the owner or chauffeur of a motor vehicle operated	3842
or driven upon the public roads or highways shall fail to file	3843
annually the application for registration or to pay the tax	3844
therefor.	3845

(B) Except as provided by sections 4503.12 and 4503.16 of the	3846
Revised Code, the taxes payable on all applications made under	3847
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	3848
of the tax due under division (B)(1)(a) or (b) of this section	3849
plus the tax due under division (B)(2)(a) or (b) of this section:	3850

(1)(a) If the application is made before the second month of	3851
the current registration period to which the motor vehicle is	3852
assigned as provided in section 4503.101 of the Revised Code, the	3853
tax due is the full amount of the tax provided in section 4503.04	3854
of the Revised Code;	3855

(b) If the application is made during or after the second	3856
month of the current registration period to which the motor	3857
vehicle is assigned as provided in section 4503.101 of the Revised	3858
Code, and prior to the beginning of the next such registration	3859
period, the amount of the tax provided in section 4503.04 of the	3860
Revised Code shall be reduced by one-twelfth of the amount of such	3861
tax, rounded upward to the nearest cent, multiplied by the number	3862
of full months that have elapsed in the current registration	3863
period. The resulting amount shall be rounded upward to the next	3864
highest dollar and shall be the amount of tax due.	3865

(2)(a) If the application is made before the sixth month of	3866
the current registration period to which the motor vehicle is	3867
assigned as provided in section 4503.101 of the Revised Code, the	3868
amount of tax due is the full amount of local motor vehicle	3869
license taxes levied under Chapter 4504. of the Revised Code;	3870

(b) If the application is made during or after the sixth	3871
month of the current registration period to which the motor	3872
vehicle is assigned as provided in section 4503.101 of the Revised	3873
Code and prior to the beginning of the next such registration	3874
period, the amount of tax due is one-half of the amount of local	3875
motor vehicle license taxes levied under Chapter 4504. of the	3876
Revised Code.	3877

(C) The taxes payable on all applications made under division	3878
(A)~~(1)(b)~~(3) of section 4503.103 of the Revised Code shall be the	3879
sum of the tax due under division (B)(1)(a) or (b) of this section	3880
plus the tax due under division (B)(2)(a) or (b) of this section	3881
for the first year plus the full amount of the tax provided in	3882
section 4503.04 of the Revised Code and the full amount of local	3883
motor vehicle license taxes levied under Chapter 4504. of the	3884
Revised Code for ~~the second~~each succeeding year.	3885

(D) Whoever violates this section is guilty of a misdemeanor	3886
of the fourth degree.	3887

Sec. 4503.19. (A) Upon the filing of an application for	3888
registration and the payment of the tax for registration, the	3889
registrar of motor vehicles or a deputy registrar shall determine	3890
whether the owner previously has been issued license plates for	3891
the motor vehicle described in the application. If no license	3892
plates previously have been issued to the owner for that motor	3893
vehicle, the registrar or deputy registrar shall assign to the	3894
motor vehicle a distinctive number and issue and deliver to the	3895
owner in the manner that the registrar may select a certificate of	3896
registration, in the form that the registrar shall prescribe, and,	3897
except as otherwise provided in this section, two license plates,	3898
duplicates of each other, and a validation sticker, or a	3899
validation sticker alone, to be attached to the number plates as	3900
provided in section 4503.191 of the Revised Code. The registrar or	3901
deputy registrar also shall charge the owner any fees required	3902
under division (C) of section 4503.10 of the Revised Code.	3903
Trailers, manufactured homes, mobile homes, semitrailers, the	3904
manufacturer thereof, the dealer, or in transit companies therein,	3905
shall be issued one license plate only and one validation sticker,	3906
or a validation sticker alone, and the license plate and	3907
validation sticker shall be displayed only on the rear of such	3908
vehicles. A commercial tractor that does not receive an	3909
apportioned license plate under the international registration	3910
plan shall be issued two license plates and one validation	3911
sticker, and the validation sticker shall be displayed on the	3912
front of the commercial tractor. An apportioned vehicle receiving	3913
an apportioned license plate under the international registration	3914
plan shall be issued one license plate only and one validation	3915
sticker, or a validation sticker alone; the license plate shall be	3916
displayed only on the front of a semitractor and on the rear of	3917
all other vehicles. School buses shall not be issued license	3918
plates but shall bear identifying numbers in the manner prescribed	3919
by section 4511.764 of the Revised Code. The certificate of	3920
registration and license plates and validation stickers, or	3921
validation stickers alone, shall be issued and delivered to the	3922
owner in person or by mail. Chauffeured limousines shall be issued	3923
license plates, a validation sticker, and a livery sticker as	3924
provided in section 4503.24 of the Revised Code. In the event of	3925
the loss, mutilation, or destruction of any certificate of	3926
registration, or of any license plates or validation stickers, or	3927
if the owner chooses to replace license plates previously issued	3928
for a motor vehicle, or if the registration certificate and	3929
license plates have been impounded as provided by division (B)(1)	3930
of section 4507.02 and section 4507.16 of the Revised Code, the	3931
owner of a motor vehicle, or manufacturer or dealer, may obtain	3932
from the registrar, or from a deputy registrar if authorized by	3933
the registrar, a duplicate thereof or new license plates bearing a	3934
different number, if the registrar considers it advisable, upon	3935
filing an application prescribed by the registrar, and upon paying	3936
a fee of one dollar for such certificate of registration, which	3937
one dollar fee shall be deposited into the state treasury to the	3938
credit of the state bureau of motor vehicles fund created in	3939
section 4501.25 of the Revised Code. Commencing with each request	3940
made on or after October 1, 2009, or in conjunction with	3941
replacement license plates issued for renewal registrations	3942
expiring on or after October 1, 2009, a fee of seven dollars and	3943
fifty cents for each set of two license plates or six dollars and	3944
fifty cents for each single license plate or validation sticker	3945
shall be charged and collected, of which the registrar shall	3946
deposit five dollars and fifty cents of each seven dollar and	3947
fifty cent fee or each six dollar and fifty cent fee into the	3948
state treasury to the credit of the state highway safety fund	3949
created in section 4501.06 of the Revised Code and the remaining	3950
portion of each such fee into the state treasury to the credit of	3951
the state bureau of motor vehicles fund created in section 4501.25	3952
of the Revised Code. In addition, each applicant for a replacement	3953
certificate of registration, license plate, or validation sticker	3954
shall pay the fees provided in divisions (C) and (D) of section	3955
4503.10 of the Revised Code and any applicable fee under section	3956
4503.192 of the Revised Code.	3957

Additionally, the registrar and each deputy registrar who	3958
either issues license plates and a validation sticker for use on	3959
any vehicle other than a commercial tractor, semitrailer, or	3960
apportioned vehicle, or who issues a validation sticker alone for	3961
use on such a vehicle and the owner has changed the owner's county	3962
of residence since the owner last was issued county identification	3963
stickers, also shall issue and deliver to the owner either one or	3964
two county identification stickers, as appropriate, which shall be	3965
attached to the license plates in a manner prescribed by the	3966
director of public safety. The county identification stickers	3967
shall identify prominently by name or number the county in which	3968
the owner of the vehicle resides at the time of registration.	3969

(B) A certificate of registration issued under this section	3970
shall have a portion that contains all the information contained	3971
in the main portion of the certificate except for the address of	3972
the person to whom the certificate is issued. Except as provided	3973
in this division, whenever a reference is made in the Revised Code	3974
to a motor vehicle certificate of registration that is issued	3975
under this section, the reference shall be deemed to refer to	3976
either the main portion of the certificate or the portion	3977
containing all information in the main portion except the address	3978
of the person to whom the certificate is issued. If a reference is	3979
made in the Revised Code to the seizure or surrender of a motor	3980
vehicle certificate of registration that is issued under this	3981
section, the reference shall be deemed to refer to both the main	3982
portion of the certificate and the portion containing all	3983
information in the main portion except the address of the person	3984
to whom the certificate is issued.	3985

(C) Whoever violates this section is guilty of a minor	3986
misdemeanor.	3987

Sec. 4503.191. (A)(1) The identification license plate shall	3988
be issued for a multi-year period as determined by the director of	3989
public safety, and shall be accompanied by a validation sticker,	3990
to be attached to the license plate. Except as provided in	3991
division (A)(2) of this section, the validation sticker shall	3992
indicate the expiration of the registration period to which the	3993
motor vehicle for which the license plate is issued is assigned,	3994
in accordance with rules adopted by the registrar of motor	3995
vehicles. During each succeeding year of the multi-year period	3996
following the issuance of the plate and validation sticker, upon	3997
the filing of an application for registration and the payment of	3998
the tax therefor, a validation sticker alone shall be issued. The	3999
validation stickers required under this section shall be of	4000
different colors or shades each year, the new colors or shades to	4001
be selected by the director.	4002

(2)(a) Not later than October 1, 2009, the director shall	4003
develop a universal validation sticker that may be issued to any	4004
owner of two hundred fifty or more passenger vehicles, so that a	4005
sticker issued to the owner may be placed on any passenger vehicle	4006
in that owner's fleet. The director may establish and charge an	4007
additional fee of not more than one dollar per registration to	4008
compensate for necessary costs of the universal validation sticker	4009
program. The additional fee shall be credited to the state bureau	4010
of motor vehicles fund created in section 4501.25 of the Revised	4011
Code.	4012

(b) A validation sticker issued for an all-purpose vehicle	4013
that is registered under Chapter 4519. of the Revised Code or for	4014
a trailer or semitrailer that is permanently registered under	4015
division (A)~~(1)(a)(ii)~~(2) of section 4503.103 of the Revised Code	4016
or is registered for ~~a period of not more than five~~any number of	4017
succeeding registration years may indicate the expiration of the	4018
registration period, if any, by any manner determined by the	4019
registrar by rule.	4020

(B) Identification license plates shall be produced by Ohio	4021
penal industries. Validation stickers and county identification	4022
stickers shall be produced by Ohio penal industries unless the	4023
registrar adopts rules that permit the registrar or deputy	4024
registrars to print or otherwise produce them in house.	4025

Sec. 4503.192. (A)(1) Except as provided in division (B) of	4026
this section, any person who is replacing vehicle license plates,	4027
upon request and payment of a fee of ten dollars, may retain the	4028
distinctive combination of letters and numerals on license plates	4029
previously issued to that person.	4030

A person who is replacing license plates specifically created	4031
by law for which the registrar collects a contribution or	4032
additional fee, may retain the distinctive combination of letters	4033
and numerals on license plates previously issued to that person	4034
upon request and payment of a fee of ten dollars, but the person	4035
also shall be required to pay the contribution or additional fee	4036
required under the Revised Code section authorizing issuance of	4037
the license plate.	4038

(2) The registrar of motor vehicles shall charge and collect	4039
the ten-dollar fee under this section only when a new set of	4040
license plates are issued. The fee is in addition to the license	4041
tax established by this chapter and, where applicable, Chapter	4042
4504. of the Revised Code. A deputy registrar who receives an	4043
application under this section shall retain one dollar of the	4044
ten-dollar fee and shall transmit the remaining nine dollars to	4045
the registrar in a manner determined by the registrar. The	4046
registrar shall deposit the fees received under this section into	4047
the state treasury to the credit of the state bureau of motor	4048
vehicles fund created under section 4501.25 of the Revised Code	4049
and shall be used by the bureau of motor vehicles to pay the	4050
expenses of producing license plates and validation stickers,	4051
including the cost of materials, manufacturing, and administrative	4052
costs for required replacement of license plates.	4053

(B) This section does not apply to either of the following:

4054

(1) A person who is replacing license plates originally	4055
obtained under section 4503.40 or 4503.42 of the Revised Code.	4056
Such a person shall pay the additional fee required under the	4057
applicable section to retain the distinctive license plates	4058
previously issued.	4059

(2) A person who is replacing a single, duplicate license	4060
plate due to the loss, mutilation, or destruction of a license	4061
plate.	4062

Sec. 4503.22. The identification license plate shall consist	4063
of a placard upon the face of which shall appear the distinctive	4064
number assigned to the motor vehicle as provided in section	4065
4503.19 of the Revised Code, in Arabic numerals or letters, or	4066
both. The dimensions of the numerals or letters and of each stroke	4067
shall be determined by the director of public safety. The license	4068
placard also shall contain the name of this state and the slogan	4069
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	4070
aluminum, plastic, or any other suitable material, and the	4071
background shall be treated with a reflective material that shall	4072
provide effective and dependable reflective brightness during the	4073
service period required of the placard. Specifications for the	4074
reflective and other materials and the design of the placard, the	4075
county identification stickers as provided by section 4503.19 of	4076
the Revised Code, and validation stickers as provided by section	4077
4503.191 of the Revised Code, shall be adopted by the director as	4078
rules under sections 119.01 to 119.13 of the Revised Code. The	4079
identification license plate of motorized bicycles and of motor	4080
vehicles of the type commonly called "motorcycles" shall consist	4081
of a single placard, the size of which shall be prescribed by the	4082
director. The identification plate of a vehicle registered in	4083
accordance with the international registration plan shall contain	4084
the word "apportioned." The director may prescribe the type of	4085
placard, or means of fastening the placard, or both; the placard	4086
or means of fastening may be so designed and constructed as to	4087
render difficult the removal of the placard after it has been	4088
fastened to a motor vehicle.	4089

Sec. 4503.42. For each registration renewal with an	4090
expiration date before October 1, 2009, and for each initial	4091
application for registration received before that date the	4092
registrar of motor vehicles shall be allowed a fee not to exceed	4093
thirty-five dollars, and for each registration renewal with an	4094
expiration date on or after October 1, 2009, and for each initial	4095
application for registration received on or after that date the	4096
registrar shall be allowed a fee of fifty dollars, which shall be	4097
in addition to the regular license fee for tags as prescribed	4098
under section 4503.04 of the Revised Code and any tax levied under	4099
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	4100
each application received by the registrar for special reserved	4101
license plate numbers containing more than three letters or	4102
numerals, and the issuing of such licenses and validation stickers	4103
in the several series as the registrar may designate. Five dollars	4104
of the fee shall be for the purpose of compensating the bureau of	4105
motor vehicles for additional services required in the issuing of	4106
such licenses and validation stickers, and the remaining portion	4107
of the fee shall be deposited by the registrar into the state	4108
treasury to the credit of the state highway safety fund created by	4109
section 4501.06 of the Revised Code.	4110

This section does not apply to the issuance of reserved	4111
license plates as authorized by sections 4503.14, 4503.15, and	4112
4503.40 of the Revised Code. The types of motor vehicles for which	4113
license plate numbers containing more than three letters or	4114
numerals may be issued in accordance with this section shall	4115
include at least buses, passenger cars, and noncommercial motor	4116
vehicles.	4117

Sec. 4503.45. An owner of a collector's vehicle, upon	4118
complying with the motor vehicle laws relating to registration and	4119
licensing of motor vehicles, and upon payment of the regular	4120
license fee as prescribed under section 4503.04 of the Revised	4121
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	4122
4504. of the Revised Code, and the payment of an additional fee of	4123
five dollars, which shall be for the purpose of compensating the	4124
bureau of motor vehicles for additional services required in the	4125
issuing of such licenses, shall be issued validation stickers and	4126
license plates, or validation stickers alone when required by	4127
section 4503.191 of the Revised Code, upon which, in addition to	4128
the letters and numbers ordinarily inscribed thereon, shall be	4129
inscribed the words "collector's vehicle."	4130

Sec. 4503.49. (A) As used in this section, "ambulance,"	4131
"ambulette," "emergency medical service organization,"	4132
"nonemergency medical service organization," and "nontransport	4133
vehicle" have the same meanings as in section 4766.01 of the	4134
Revised Code.	4135

(B) Each private emergency medical service organization and	4136
each private nonemergency medical service organization shall apply	4137
to the registrar of motor vehicles for the registration of any	4138
ambulance, ambulette, or nontransport vehicle it owns or leases.	4139
The application shall be accompanied by a copy of the certificate	4140
of licensure issued to the organization by the ~~Ohio~~state board of	4141
emergency medical, fire, and transportation ~~board~~services and the	4142
following fees:	4143

(1) The regular license tax as prescribed under section	4144
4503.04 of the Revised Code;	4145

(2) Any local license tax levied under Chapter 4504. of the	4146
Revised Code;	4147

(3) An additional fee of seven dollars and fifty cents. The	4148
additional fee shall be for the purpose of compensating the bureau	4149
of motor vehicles for additional services required to be performed	4150
under this section and shall be transmitted by the registrar to	4151
the treasurer of state for deposit in the state bureau of motor	4152
vehicles fund created by section 4501.25 of the Revised Code.	4153

(C) On receipt of a complete application, the registrar shall	4154
issue to the applicant the appropriate certificate of registration	4155
for the vehicle and do one of the following:	4156

(1) Issue a set of license plates with a validation sticker	4157
and a set of stickers to be attached to the plates as an	4158
identification of the vehicle's classification as an ambulance,	4159
ambulette, or nontransport vehicle;	4160

(2) Issue a validation sticker alone when so required by	4161
section 4503.191 of the Revised Code.	4162

Sec. 4503.83. (A) Commencing January 1, 2014, the owner or	4163
lessee of a fleet of apportioned vehicles may apply to the	4164
registrar of motor vehicles for the registration of any	4165
apportioned vehicle, commercial trailer, or other vehicle of a	4166
class approved by the registrar and issuance of company logo	4167
license plates. The initial application shall be for not less than	4168
fifty eligible vehicles. The applicant shall provide the registrar	4169
the artwork for the company logo plate in a format designated by	4170
the registrar. The registrar shall approve the artwork or return	4171
the artwork for modification in accordance with any design	4172
requirements reasonably imposed by the registrar.	4173

Upon approval of the artwork and receipt of the completed	4174
application and compliance with divisions (B) and (C) of this	4175
section, the registrar shall issue to the applicant the	4176
appropriate vehicle registration and the appropriate number of	4177
company logo license plates with a validation sticker or a	4178
validation sticker alone when required by section 4503.191 of the	4179
Revised Code, except that no validation sticker shall be issued	4180
under this section for a motor vehicle for which the registration	4181
tax is specified in section 4503.042 of the Revised Code.	4182

In addition to the letters and numbers ordinarily inscribed	4183
on license plates, company logo license plates shall be inscribed	4184
with words and markings requested by the applicant and approved by	4185
the registrar.	4186

(B) A company logo license plate and a validation sticker or,	4187
when applicable, a validation sticker alone shall be issued upon	4188
payment of the regular license tax prescribed in section 4503.042	4189
of the Revised Code, any applicable fees prescribed in section	4190
4503.10 of the Revised Code, any applicable motor vehicle tax	4191
levied under Chapter 4504. of the Revised Code, a bureau of motor	4192
vehicles fee of six dollars when a company logo license plate	4193
actually is issued, and compliance with all other applicable laws	4194
relating to the registration of motor vehicles. If a company logo	4195
plate is issued to replace an existing license plate for the same	4196
vehicle, the replacement license plate fees prescribed in division	4197
(A) of section 4503.19 of the Revised Code shall not apply.	4198

(C) The registrar shall deposit the bureau of motor vehicles	4199
fee specified in division (B) of this section, the purpose of	4200
which is to compensate the bureau for the additional services	4201
required in issuing company logo license plates, in the state	4202
bureau of motor vehicles fund created in section 4501.25 of the	4203
Revised Code.	4204

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	4205
moneys pursuant to section 4501.043 of the Revised Code, the	4206
county auditor shall pay into the treasury of each township in the	4207
county levying a township motor vehicle license tax the portion of	4208
such money due the township as shown by the certificate of the	4209
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	4210
4501.031 of the Revised Code. The money shall be used by the	4211
township only for the purposes described in section 4504.18 of the	4212
Revised Code.	4213

Sec. 4504.21. (A) For the purpose of paying the costs and	4214
expenses of enforcing and administering the tax provided for in	4215
this section; for planning, constructing, reconstructing,	4216
improving, maintaining, and repairing roads, bridges, and	4217
culverts; for purchasing, erecting, and maintaining traffic signs,	4218
markers, lights, and signals; for paying debt service charges on	4219
obligations issued for those purposes; and to supplement revenue	4220
already available for those purposes, a transportation improvement	4221
district created in accordance with section 5540.02 of the Revised	4222
Code may levy an annual license tax upon the operation of motor	4223
vehicles on the public roads and highways in the territory of the	4224
district. The tax shall be levied in increments of five dollars	4225
and shall not exceed twenty dollars per motor vehicle on all motor	4226
vehicles the owners of which reside in the district and shall be	4227
in addition to all other taxes levied under this chapter, subject	4228
to reduction in the manner provided in division (B)(2) of section	4229
4503.11 of the Revised Code. The tax may be levied in all or part	4230
of the territory of the district.	4231

(B) The board of trustees of a transportation improvement	4232
district proposing to levy a motor vehicle license tax under this	4233
section shall put the question of the tax to the electors of the	4234
district or of that part of the district in which the tax would be	4235
levied. The election shall be held on the date of a primary or	4236
general election held not less than ninety days after the board of	4237
trustees certifies to the county board of elections its resolution	4238
proposing the tax. The resolution shall specify the rate of the	4239
tax. The board of elections shall submit the question of the tax	4240
to the electors at the primary or general election. The secretary	4241
of state shall prescribe the form of the ballot for the election.	4242
If approved by a majority of the electors voting on the question	4243
of the tax, the board of trustees shall levy the tax as provided	4244
in the resolution.	4245

(C) A transportation improvement district license tax levied	4246
under this section shall continue in effect until repealed, or	4247
until the dissolution of the transportation improvement district	4248
that levied it.	4249

(D) Money received by the registrar of motor vehicles	4250
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	4251
Code that consists of the taxes levied under this section shall be	4252
deposited in the ~~auto registration distribution~~local motor	4253
vehicle license tax fund created by section ~~4501.03~~4501.031 of	4254
the Revised Code and distributed to the transportation improvement	4255
district levying such tax. The registrar may assign to the	4256
transportation improvement district a unique code to facilitate	4257
the distribution of such money, which may be the same unique code	4258
assigned to a county under section 4501.03 of the Revised Code.	4259

Sec. 4505.11. This section shall also apply to all-purpose	4260
vehicles and off-highway motorcycles as defined in section 4519.01	4261
of the Revised Code.	4262

(A) Each owner of a motor vehicle and each person mentioned	4263
as owner in the last certificate of title, when the motor vehicle	4264
is dismantled, destroyed, or changed in such manner that it loses	4265
its character as a motor vehicle, or changed in such manner that	4266
it is not the motor vehicle described in the certificate of title,	4267
shall surrender the certificate of title to that motor vehicle to	4268
a clerk of a court of common pleas, and the clerk, with the	4269
consent of any holders of any liens noted on the certificate of	4270
title, then shall enter a cancellation upon the clerk's records	4271
and shall notify the registrar of motor vehicles of the	4272
cancellation.	4273

Upon the cancellation of a certificate of title in the manner	4274
prescribed by this section, any clerk and the registrar of motor	4275
vehicles may cancel and destroy all certificates and all	4276
memorandum certificates in that chain of title.	4277

(B)(1) If an Ohio certificate of title or salvage certificate	4278
of title to a motor vehicle is assigned to a salvage dealer, the	4279
dealer is not required to obtain an Ohio certificate of title or a	4280
salvage certificate of title to the motor vehicle in the dealer's	4281
own name if the dealer dismantles or destroys the motor vehicle,	4282
indicates the number of the dealer's motor vehicle salvage	4283
dealer's license on it, marks "FOR DESTRUCTION" across the face of	4284
the certificate of title or salvage certificate of title, and	4285
surrenders the certificate of title or salvage certificate of	4286
title to a clerk of a court of common pleas as provided in	4287
division (A) of this section. If the salvage dealer retains the	4288
motor vehicle for resale, the dealer shall make application for a	4289
salvage certificate of title to the motor vehicle in the dealer's	4290
own name as provided in division (C)(1) of this section.	4291

(2) At the time any salvage motor vehicle is sold at auction	4292
or through a pool, the salvage motor vehicle auction or salvage	4293
motor vehicle pool shall give a copy of the salvage certificate of	4294
title or a copy of the certificate of title marked "FOR	4295
DESTRUCTION" to the purchaser.	4296

(C)(1) When an insurance company declares it economically	4297
impractical to repair such a motor vehicle and has paid an agreed	4298
price for the purchase of the motor vehicle to any insured or	4299
claimant owner, the insurance company shall proceed as follows:	4300

(a) If an insurance company receives the certificate of title	4301
and the motor vehicle, within thirty business days, the insurance	4302
company shall deliver the certificate of title to a clerk of a	4303
court of common pleas and shall make application for a salvage	4304
certificate of title.	4305

(b) If an insurance company obtains possession of the motor	4306
vehicle but is unable to obtain the properly endorsed certificate	4307
of title for the motor vehicle, within thirty business days	4308
following the vehicle's owner or lienholder's acceptance of the	4309
insurance company's payment for the vehicle, the insurance company	4310
may apply to the clerk of a court of common pleas for a salvage	4311
certificate of title without delivering the certificate of title	4312
for the motor vehicle. The application shall be accompanied by	4313
evidence that the insurance company has paid a total loss claim on	4314
the vehicle, a copy of the written request for the certificate of	4315
title on the insurance company's letterhead, and the original	4316
certified mail, return receipt notice, addressed to the last known	4317
owner of the vehicle and any known lienholder, to obtain the	4318
certificate of title.	4319

(c) Upon receipt of a properly completed application for a	4320
salvage certificate of title as described in division (C)(1)(a) or	4321
(b) or (C)(2) of this section, the clerk shall issue the salvage	4322
certificate of title on a form, prescribed by the registrar, that	4323
shall be easily distinguishable from the original certificate of	4324
title and shall bear the same information as the original	4325
certificate of title except that it may bear a different number	4326
than that of the original certificate of title. Except as provided	4327
in division (C)(3) of this section, the salvage certificate of	4328
title shall be assigned by the insurance company to a salvage	4329
dealer or any other person for use as evidence of ownership upon	4330
the sale or other disposition of the motor vehicle, and the	4331
salvage certificate of title shall be transferrable to any other	4332
person. The clerk shall charge a fee of four dollars for the cost	4333
of processing each salvage certificate of title.	4334

(2) If an insurance company requests that a salvage motor	4335
vehicle auction take possession of a motor vehicle that is the	4336
subject of an insurance claim, and subsequently the insurance	4337
company denies coverage with respect to the motor vehicle or does	4338
not otherwise take ownership of the motor vehicle, the salvage	4339
motor vehicle auction may proceed as follows. After the salvage	4340
motor vehicle auction has possession of the motor vehicle for	4341
forty-five days, it may apply to the clerk of a court of common	4342
pleas for a salvage certificate of title without delivering the	4343
certificate of title for the motor vehicle. The application shall	4344
be accompanied by a copy of the written request that the vehicle	4345
be removed from the facility on the salvage motor vehicle	4346
auction's letterhead, and the original certified mail, return	4347
receipt notice, addressed to the last known owner of the vehicle	4348
and any known lienholder, requesting that the vehicle be removed	4349
from the facility of the salvage motor vehicle auction. Upon	4350
receipt of a properly completed application, the clerk shall	4351
follow the process as described in division (C)(1)(c) of this	4352
section. The salvage certificate of title so issued shall be free	4353
and clear of all liens.	4354

(3) If an insurance company considers a motor vehicle as	4355
described in division (C)(1)(a) or (b) of this section to be	4356
impossible to restore for highway operation, the insurance company	4357
may assign the certificate of title to the motor vehicle to a	4358
salvage dealer or scrap metal processing facility and send the	4359
assigned certificate of title to the clerk of the court of common	4360
pleas of any county. The insurance company shall mark the face of	4361
the certificate of title "FOR DESTRUCTION" and shall deliver a	4362
photocopy of the certificate of title to the salvage dealer or	4363
scrap metal processing facility for its records.	4364

(4) If an insurance company declares it economically	4365
impractical to repair a motor vehicle, agrees to pay to the	4366
insured or claimant owner an amount in settlement of a claim	4367
against a policy of motor vehicle insurance covering the motor	4368
vehicle, and agrees to permit the insured or claimant owner to	4369
retain possession of the motor vehicle, the insurance company	4370
shall not pay the insured or claimant owner any amount in	4371
settlement of the insurance claim until the owner obtains a	4372
salvage certificate of title to the vehicle and furnishes a copy	4373
of the salvage certificate of title to the insurance company.	4374

(D) When a self-insured organization, rental or leasing	4375
company, or secured creditor becomes the owner of a motor vehicle	4376
that is burned, damaged, or dismantled and is determined to be	4377
economically impractical to repair, the self-insured organization,	4378
rental or leasing company, or secured creditor shall do one of the	4379
following:	4380

(1) Mark the face of the certificate of title to the motor	4381
vehicle "FOR DESTRUCTION" and surrender the certificate of title	4382
to a clerk of a court of common pleas for cancellation as	4383
described in division (A) of this section. The self-insured	4384
organization, rental or leasing company, or secured creditor then	4385
shall deliver the motor vehicle, together with a photocopy of the	4386
certificate of title, to a salvage dealer or scrap metal	4387
processing facility and shall cause the motor vehicle to be	4388
dismantled, flattened, crushed, or destroyed.	4389

(2) Obtain a salvage certificate of title to the motor	4390
vehicle in the name of the self-insured organization, rental or	4391
leasing company, or secured creditor, as provided in division	4392
(C)(1) of this section, and then sell or otherwise dispose of the	4393
motor vehicle. If the motor vehicle is sold, the self-insured	4394
organization, rental or leasing company, or secured creditor shall	4395
obtain a salvage certificate of title to the motor vehicle in the	4396
name of the purchaser from a clerk of a court of common pleas.	4397

(E) If a motor vehicle titled with a salvage certificate of	4398
title is restored for operation upon the highways, application	4399
shall be made to a clerk of a court of common pleas for a	4400
certificate of title. Upon inspection by the state highway patrol,	4401
which shall include establishing proof of ownership and an	4402
inspection of the motor number and vehicle identification number	4403
of the motor vehicle and of documentation or receipts for the	4404
materials used in restoration by the owner of the motor vehicle	4405
being inspected, which documentation or receipts shall be	4406
presented at the time of inspection, the clerk, upon surrender of	4407
the salvage certificate of title, shall issue a certificate of	4408
title for a fee prescribed by the registrar. The certificate of	4409
title shall be in the same form as the original certificate of	4410
title and shall bear the words "REBUILT SALVAGE" in black boldface	4411
letters on its face. Every subsequent certificate of title,	4412
memorandum certificate of title, or duplicate certificate of title	4413
issued for the motor vehicle also shall bear the words "REBUILT	4414
SALVAGE" in black boldface letters on its face. The exact location	4415
on the face of the certificate of title of the words "REBUILT	4416
SALVAGE" shall be determined by the registrar, who shall develop	4417
an automated procedure within the automated title processing	4418
system to comply with this division. The clerk shall use	4419
reasonable care in performing the duties imposed on the clerk by	4420
this division in issuing a certificate of title pursuant to this	4421
division, but the clerk is not liable for any of the clerk's	4422
errors or omissions or those of the clerk's deputies, or the	4423
automated title processing system in the performance of those	4424
duties. A fee of fifty dollars shall be assessed by the state	4425
highway patrol for each inspection made pursuant to this division	4426
and shall be deposited into the state highway safety fund	4427
established by section 4501.06 of the Revised Code.	4428

(F) No person shall operate upon the highways in this state a	4429
motor vehicle, title to which is evidenced by a salvage	4430
certificate of title, except to deliver the motor vehicle pursuant	4431
to an appointment for an inspection under this section.	4432

(G) No motor vehicle the certificate of title to which has	4433
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	4434
court of common pleas shall be used for anything except parts and	4435
scrap metal.	4436

(H)(1) Except as otherwise provided in this division, an	4437
owner of a manufactured or mobile home that will be taxed as real	4438
property pursuant to division (B) of section 4503.06 of the	4439
Revised Code shall surrender the certificate of title to the	4440
auditor of the county containing the taxing district in which the	4441
home is located. An owner whose home qualifies for real property	4442
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	4443
the Revised Code shall surrender the certificate within fifteen	4444
days after the home meets the conditions specified in those	4445
divisions. The auditor shall deliver the certificate of title to	4446
the clerk of the court of common pleas who issued it.	4447

(2) If the certificate of title for a manufactured or mobile	4448
home that is to be taxed as real property is held by a lienholder,	4449
the lienholder shall surrender the certificate of title to the	4450
auditor of the county containing the taxing district in which the	4451
home is located, and the auditor shall deliver the certificate of	4452
title to the clerk of the court of common pleas who issued it. The	4453
lienholder shall surrender the certificate within thirty days	4454
after both of the following have occurred:	4455

(a) The homeowner has provided written notice to the	4456
lienholder requesting that the certificate of title be surrendered	4457
to the auditor of the county containing the taxing district in	4458
which the home is located.	4459

(b) The homeowner has either paid the lienholder the	4460
remaining balance owed to the lienholder, or, with the	4461
lienholder's consent, executed and delivered to the lienholder a	4462
mortgage on the home and land on which the home is sited in the	4463
amount of the remaining balance owed to the lienholder.	4464

(3) Upon the delivery of a certificate of title by the county	4465
auditor to the clerk, the clerk shall inactivate it and maintain	4466
it in the automated title processing system for a period of thirty	4467
years.	4468

(4) Upon application by the owner of a manufactured or mobile	4469
home that is taxed as real property pursuant to division (B) of	4470
section 4503.06 of the Revised Code and that no longer satisfies	4471
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	4472
section, the clerk shall reactivate the record of the certificate	4473
of title that was inactivated under division (H)(3) of this	4474
section and shall issue a new certificate of title, but only if	4475
the application contains or has attached to it all of the	4476
following:	4477

(a) An endorsement of the county treasurer that all real	4478
property taxes charged against the home under Title LVII of the	4479
Revised Code and division (B) of section 4503.06 of the Revised	4480
Code for all preceding tax years have been paid;	4481

(b) An endorsement of the county auditor that the home will	4482
be removed from the real property tax list;	4483

(c) Proof that there are no outstanding mortgages or other	4484
liens on the home or, if there are such mortgages or other liens,	4485
that the mortgagee or lienholder has consented to the reactivation	4486
of the certificate of title.	4487

(I)(1) Whoever violates division (F) of this section shall be	4488
fined not more than two thousand dollars, imprisoned not more than	4489
one year, or both.	4490

(2) Whoever violates division (G) of this section shall be	4491
fined not more than one thousand dollars, imprisoned not more than	4492
six months, or both.	4493

Sec. 4506.08. (A)(1) Each application for a commercial	4494
driver's license temporary instruction permit shall be accompanied	4495
by a fee of ten dollars. Each application for a commercial	4496
driver's license, restricted commercial driver's license, renewal	4497
of such a license, or waiver for farm-related service industries	4498
shall be accompanied by a fee of twenty-five dollars, except that	4499
an application for a commercial driver's license or restricted	4500
commercial driver's license received pursuant to division (A)(3)	4501
of section 4506.14 of the Revised Code shall be accompanied by a	4502
fee of eighteen dollars and seventy-five cents if the license will	4503
expire on the licensee's birthday three years after the date of	4504
issuance, a fee of twelve dollars and fifty cents if the license	4505
will expire on the licensee's birthday two years after the date of	4506
issuance, and a fee of six dollars and twenty-five cents if the	4507
license will expire on the licensee's birthday one year after the	4508
date of issuance. Each application for a duplicate commercial	4509
driver's license shall be accompanied by a fee of ten dollars.	4510

(2) In addition, the registrar of motor vehicles or deputy	4511
registrar may collect and retain an additional fee of no more than	4512
three dollars and fifty cents for each application for a	4513
commercial driver's license temporary instruction permit,	4514
commercial driver's license, renewal of a commercial driver's	4515
license, or duplicate commercial driver's license received by the	4516
registrar or deputy.	4517

(B) In addition to the fees imposed under division (A) of	4518
this section, the registrar of motor vehicles or deputy registrar	4519
shall collect a fee of twelve dollars for each application for a	4520
commercial driver's license temporary instruction permit,	4521
commercial driver's license, or duplicate commercial driver's	4522
license and for each application for renewal of a commercial	4523
driver's license. The additional fee is for the purpose of	4524
defraying the department of public safety's costs associated with	4525
the administration and enforcement of the motor vehicle and	4526
traffic laws of Ohio.	4527

(C) Each deputy registrar shall transmit the fees collected	4528
under divisions (A)(1) and (B) of this section in the time and	4529
manner prescribed by the registrar. The registrar shall deposit	4530
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	4531
section into the state ~~highway safety~~bureau of motor vehicles	4532
fund established in section ~~4501.06~~4501.25 of the Revised Code.	4533
The registrar shall deposit all moneys collected under division	4534
(B) of this section into the state highway safety fund established	4535
in section 4501.06 of the Revised Code.	4536

(D) Information regarding the driving record of any person	4537
holding a commercial driver's license issued by this state shall	4538
be furnished by the registrar, upon request and payment of a fee	4539
of five dollars, to the employer or prospective employer of such a	4540
person and to any insurer.	4541

Of each five-dollar fee the registrar collects under this	4542
division, the registrar shall pay two dollars into the state	4543
treasury to the credit of the state bureau of motor vehicles fund	4544
established in section 4501.25 of the Revised Code, sixty cents	4545
into the state treasury to the credit of the trauma and emergency	4546
medical services fund established in section 4513.263 of the	4547
Revised Code, sixty cents into the state treasury to the credit of	4548
the homeland security fund established in section 5502.03 of the	4549
Revised Code, thirty cents into the state treasury to the credit	4550
of the investigations fund established in section 5502.131 of the	4551
Revised Code, one dollar and twenty-five cents into the state	4552
treasury to the credit of the emergency management agency service	4553
and reimbursement fund established in section 5502.39 of the	4554
Revised Code, and twenty-five cents into the state treasury to the	4555
credit of the justice program services fund established in section	4556
5502.67 of the Revised Code.	4557

Sec. 4506.09. (A) The registrar of motor vehicles, subject	4558
to approval by the director of public safety, shall adopt rules	4559
conforming with applicable standards adopted by the federal motor	4560
carrier safety administration as regulations under Pub. L. No.	4561
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	4562
31317. The rules shall establish requirements for the	4563
qualification and testing of persons applying for a commercial	4564
driver's license, which shall be in addition to other requirements	4565
established by this chapter. Except as provided in division (B) of	4566
this section, the highway patrol or any other employee of the	4567
department of public safety the registrar authorizes shall	4568
supervise and conduct the testing of persons applying for a	4569
commercial driver's license.	4570

(B) The director may adopt rules, in accordance with Chapter	4571
119. of the Revised Code and applicable requirements of the	4572
federal motor carrier safety administration, authorizing the	4573
skills test specified in this section to be administered by any	4574
person, by an agency of this or another state, or by an agency,	4575
department, or instrumentality of local government. Each party	4576
authorized under this division to administer the skills test may	4577
charge a maximum divisible fee of eighty-five dollars for each	4578
skills test given as part of a commercial driver's license	4579
examination. The fee shall consist of not more than twenty dollars	4580
for the pre-trip inspection portion of the test, not more than	4581
twenty dollars for the off-road maneuvering portion of the test,	4582
and not more than forty-five dollars for the on-road portion of	4583
the test. Each such party may require an appointment fee in the	4584
same manner provided in division (F)(2) of this section, except	4585
that the maximum amount such a party may require as an appointment	4586
fee is eighty-five dollars. The skills test administered by	4587
another party under this division shall be the same as otherwise	4588
would be administered by this state. The other party shall enter	4589
into an agreement with the director that, without limitation, does	4590
all of the following:	4591

(1) Allows the director or the director's representative and	4592
the federal motor carrier safety administration or its	4593
representative to conduct random examinations, inspections, and	4594
audits of the other party without prior notice;	4595

(2) Requires the director or the director's representative to	4596
conduct on-site inspections of the other party at least annually;	4597

(3) Requires that all examiners of the other party meet the	4598
same qualification and training standards as examiners of the	4599
department of public safety, to the extent necessary to conduct	4600
skills tests in the manner required by 49 C.F.R. 383.110 through	4601
383.135;	4602

(4) Requires either that state employees take, at least	4603
annually and as though the employees were test applicants, the	4604
tests actually administered by the other party, that the director	4605
test a sample of drivers who were examined by the other party to	4606
compare the test results, or that state employees accompany a test	4607
applicant during an actual test;	4608

(5) Reserves to this state the right to take prompt and	4609
appropriate remedial action against testers of the other party if	4610
the other party fails to comply with standards of this state or	4611
federal standards for the testing program or with any other terms	4612
of the contract.	4613

(C) The director shall enter into an agreement with the	4614
department of education authorizing the skills test specified in	4615
this section to be administered by the department at any location	4616
operated by the department for purposes of training and testing	4617
school bus drivers, provided that the agreement between the	4618
director and the department complies with the requirements of	4619
division (B) of this section. Skills tests administered by the	4620
department shall be limited to persons applying for a commercial	4621
driver's license with a school bus endorsement.	4622

(D) The director shall adopt rules, in accordance with	4623
Chapter 119. of the Revised Code, authorizing waiver of the skills	4624
test specified in this section for any applicant for a commercial	4625
driver's license who meets all of the following requirements:	4626

(1) Certifies that, during the two-year period immediately	4627
preceding application for a commercial driver's license, all of	4628
the following apply:	4629

(a) The applicant has not had more than one license.

4630

(b) The applicant has not had any license suspended, revoked,	4631
or canceled.	4632

(c) The applicant has not had any convictions for any type of	4633
motor vehicle for the offenses for which disqualification is	4634
prescribed in section 4506.16 of the Revised Code.	4635

(d) The applicant has not had any violation of a state or	4636
local law relating to motor vehicle traffic control other than a	4637
parking violation arising in connection with any traffic accident	4638
and has no record of an accident in which the applicant was at	4639
fault.	4640

(e) The applicant has previously taken and passed a skills	4641
test given by a state with a classified licensing and testing	4642
system in which the test was behind-the-wheel in a representative	4643
vehicle for the applicant's commercial driver's license	4644
classification.	4645

(2) Certifies and also provides evidence that the applicant	4646
is regularly employed in a job requiring operation of a commercial	4647
motor vehicle and that one of the following applies:	4648

(a) The applicant has previously taken and passed a skills	4649
test given by a state with a classified licensing and testing	4650
system in which the test was behind-the-wheel in a representative	4651
vehicle for the applicant's commercial driver's license	4652
classification.	4653

(b) The applicant has regularly operated, for at least two	4654
years immediately preceding application for a commercial driver's	4655
license, a vehicle representative of the commercial motor vehicle	4656
the applicant operates or expects to operate.	4657

(E) The director shall adopt rules, in accordance with	4658
Chapter 119. of the Revised Code, authorizing waiver of the skills	4659
test specified in this section for any applicant for a commercial	4660
driver's license who meets all of the following requirements:	4661

(1) At the time of applying, is a member or uniformed	4662
employee of the armed forces of the United States or their reserve	4663
components, including the Ohio national guard, or separated from	4664
such service or employment within the preceding ninety days;	4665

(2) Certifies that, during the two-year period immediately	4666
preceding application for a commercial driver's license, all of	4667
the following apply:	4668

(a) The applicant has not had more than one license,	4669
excluding any military license.	4670

(b) The applicant has not had any license suspended, revoked,	4671
or canceled.	4672

(c) The applicant has not had any convictions for any type of	4673
motor vehicle for the offenses for which disqualification is	4674
prescribed in section 4506.16 of the Revised Code.	4675

(d) The applicant has not had more than one conviction for	4676
any type of motor vehicle for a serious traffic violation.	4677

(e) The applicant has not had any violation of a state or	4678
local law relating to motor vehicle traffic control other than a	4679
parking violation arising in connection with any traffic accident	4680
and has no record of an accident in which the applicant was at	4681
fault.	4682

(3) In accordance with rules adopted by the director,	4683
certifies and also provides evidence of all of the following:	4684

(a) That the applicant is regularly employed or was regularly	4685
employed within the preceding ninety days in a military position	4686
requiring operation of a commercial motor vehicle;	4687

(b) That the applicant was exempt from the requirements of	4688
this chapter under division (B)(6) of section 4506.03 of the	4689
Revised Code;	4690

(c) That, for at least two years immediately preceding the	4691
date of application or at least two years immediately preceding	4692
the date the applicant separated from military service or	4693
employment, the applicant regularly operated a vehicle	4694
representative of the commercial motor vehicle type that the	4695
applicant operates or expects to operate.	4696

(F)(1) The department of public safety may charge and collect	4697
a divisible fee of fifty dollars for each skills test given as	4698
part of a commercial driver's license examination. The fee shall	4699
consist of ten dollars for the pre-trip inspection portion of the	4700
test, ten dollars for the off-road maneuvering portion of the	4701
test, and thirty dollars for the on-road portion of the test.	4702

(2) The director may require an applicant for a commercial	4703
driver's license who schedules an appointment with the highway	4704
patrol or other authorized employee of the department of public	4705
safety to take all portions of the skills test, to pay an	4706
appointment fee of fifty dollars at the time of scheduling the	4707
appointment. If the applicant appears at the time and location	4708
specified for the appointment and takes all portions of the skills	4709
test during that appointment, the appointment fee shall serve as	4710
the skills test fee. If the applicant schedules an appointment to	4711
take all portions of the skills test and fails to appear at the	4712
time and location specified for the appointment, no portion of the	4713
appointment fee shall be refunded. If the applicant schedules an	4714
appointment to take all portions of the skills test and appears at	4715
the time and location specified for the appointment, but declines	4716
or is unable to take all portions of the skills test, no portion	4717
of the appointment fee shall be refunded. If the applicant cancels	4718
a scheduled appointment forty-eight hours or more prior to the	4719
time of the appointment time, the applicant shall not forfeit the	4720
appointment fee.	4721

An applicant for a commercial driver's license who schedules	4722
an appointment to take one or more, but not all, portions of the	4723
skills test shall be required to pay an appointment fee equal to	4724
the costs of each test scheduled, as prescribed in division (F)(1)	4725
of this section, when scheduling such an appointment. If the	4726
applicant appears at the time and location specified for the	4727
appointment and takes all the portions of the skills test during	4728
that appointment that the applicant was scheduled to take, the	4729
appointment fee shall serve as the skills test fee. If the	4730
applicant schedules an appointment to take one or more, but not	4731
all, portions of the skills test and fails to appear at the time	4732
and location specified for the appointment, no portion of the	4733
appointment fee shall be refunded. If the applicant schedules an	4734
appointment to take one or more, but not all, portions of the	4735
skills test and appears at the time and location specified for the	4736
appointment, but declines or is unable to take all portions of the	4737
skills test that the applicant was scheduled to take, no portion	4738
of the appointment fee shall be refunded. If the applicant cancels	4739
a scheduled appointment forty-eight hours or more prior to the	4740
time of the appointment time, the applicant shall not forfeit the	4741
appointment fee.	4742

(3) The department of public safety shall deposit all fees it	4743
collects under division (F) of this section in the state ~~highway~~	4744
~~safety~~bureau of motor vehicles fund established in section	4745
4501.25 of the Revised Code.	4746

(G) As used in this section, "skills test" means a test of an	4747
applicant's ability to drive the type of commercial motor vehicle	4748
for which the applicant seeks a commercial driver's license by	4749
having the applicant drive such a motor vehicle while under the	4750
supervision of an authorized state driver's license examiner or	4751
tester.	4752

Sec. 4507.011. (A) Each deputy registrar assigned to a	4753
driver's license examining station by the registrar of motor	4754
vehicles as provided in section 4507.01 of the Revised Code shall	4755
remit to the director of public safety a rental fee equal to the	4756
percentage of space occupied by the deputy registrar in the	4757
driver's license examining station multiplied by the rental fee	4758
paid for the entire driver's license examining station plus a pro	4759
rata share of all utility costs. All such moneys received by the	4760
director shall be deposited in the state treasury to the credit of	4761
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	4762
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	4763
~~in the fund shall be used by the department of public safety only~~	4764
~~to pay the rent and expenses of the driver's license examining~~	4765
~~stations. All investment earnings of the fund shall be credited to~~	4766
~~the fund.~~	4767

(B) Each deputy registrar assigned to a bureau of motor	4768
vehicles' location shall reimburse the registrar a monthly	4769
building rental fee, including applicable utility charges. All	4770
such moneys received by the registrar shall be deposited into the	4771
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	4772
~~the Revised Code~~.	4773

Sec. 4507.05. (A) The registrar of motor vehicles, or a	4774
deputy registrar, upon receiving an application for a temporary	4775
instruction permit and a temporary instruction permit	4776
identification card for a driver's license from any person who is	4777
at least fifteen years six months of age, may issue such a permit	4778
and identification card entitling the applicant to drive a motor	4779
vehicle, other than a commercial motor vehicle, upon the highways	4780
under the following conditions:	4781

(1) If the permit is issued to a person who is at least	4782
fifteen years six months of age, but less than sixteen years of	4783
age:	4784

(a) The permit and identification card are in the holder's	4785
immediate possession;	4786

(b) The holder is accompanied by an eligible adult who	4787
actually occupies the seat beside the permit holder and does not	4788
have a prohibited concentration of alcohol in the whole blood,	4789
blood serum or plasma, breath, or urine as provided in division	4790
(A) of section 4511.19 of the Revised Code;	4791

(c) The total number of occupants of the vehicle does not	4792
exceed the total number of occupant restraining devices originally	4793
installed in the motor vehicle by its manufacturer, and each	4794
occupant of the vehicle is wearing all of the available elements	4795
of a properly adjusted occupant restraining device.	4796

(2) If the permit is issued to a person who is at least	4797
sixteen years of age:	4798

(a) The permit and identification card are in the holder's	4799
immediate possession;	4800

(b) The holder is accompanied by a licensed operator who is	4801
at least twenty-one years of age, is actually occupying a seat	4802
beside the driver, and does not have a prohibited concentration of	4803
alcohol in the whole blood, blood serum or plasma, breath, or	4804
urine as provided in division (A) of section 4511.19 of the	4805
Revised Code;	4806

(c) The total number of occupants of the vehicle does not	4807
exceed the total number of occupant restraining devices originally	4808
installed in the motor vehicle by its manufacturer, and each	4809
occupant of the vehicle is wearing all of the available elements	4810
of a properly adjusted occupant restraining device.	4811

(B) The registrar or a deputy registrar, upon receiving from	4812
any person an application for a temporary instruction permit and	4813
temporary instruction permit identification card to operate a	4814
motorcycle or motorized bicycle, may issue such a permit and	4815
identification card entitling the applicant, while having the	4816
permit and identification card in the applicant's immediate	4817
possession, to drive a motorcycle under the restrictions	4818
prescribed in section 4511.53 of the Revised Code, or to drive a	4819
motorized bicycle under restrictions determined by the registrar.	4820
A temporary instruction permit and temporary instruction permit	4821
identification card to operate a motorized bicycle may be issued	4822
to a person fourteen or fifteen years old.	4823

(C) Any permit and identification card issued under this	4824
section shall be issued in the same manner as a driver's license,	4825
upon a form to be furnished by the registrar. A temporary	4826
instruction permit to drive a motor vehicle other than a	4827
commercial motor vehicle shall be valid for a period of one year.	4828

(D) Any person having in the person's possession a valid and	4829
current driver's license or motorcycle operator's license or	4830
endorsement issued to the person by another jurisdiction	4831
recognized by this state is exempt from obtaining a temporary	4832
instruction permit for a driver's license~~, but shall submit~~and	4833
from submitting to the examination for a temporary instruction	4834
permit and the regular examination infor obtaining a driver's	4835
license or motorcycle operator's endorsement in this state if the	4836
person does all of the following:	4837

(1) Submits to and passes vision screening as provided in	4838
section 4507.12 of the Revised Code;	4839

(2) Surrenders to the registrar or deputy registrar the	4840
person's driver's license issued by the other jurisdiction; and	4841

(3) Complies with all other applicable requirements for	4842
issuance by this state of a driver's license, driver's license	4843
with a motorcycle operator's endorsement, or restricted license to	4844
operate a motorcycle.	4845

If the person does not comply with all the requirements of	4846
this division, the person shall submit to the regular examination	4847
for obtaining a driver's license or motorcycle operator's	4848
endorsement in this state in order to obtain such a license or	4849
endorsement.	4850

(E) The registrar may adopt rules governing the use of	4851
temporary instruction permits and temporary instruction permit	4852
identification cards.	4853

(F)(1) No holder of a permit issued under division (A) of	4854
this section shall operate a motor vehicle upon a highway or any	4855
public or private property used by the public for purposes of	4856
vehicular travel or parking in violation of the conditions	4857
established under division (A) of this section.	4858

(2) Except as provided in division (F)(2) of this section, no	4859
holder of a permit that is issued under division (A) of this	4860
section and that is issued on or after July 1, 1998, and who has	4861
not attained the age of eighteen years, shall operate a motor	4862
vehicle upon a highway or any public or private property used by	4863
the public for purposes of vehicular travel or parking between the	4864
hours of midnight and six a.m.	4865

The holder of a permit issued under division (A) of this	4866
section on or after July 1, 1998, who has not attained the age of	4867
eighteen years, may operate a motor vehicle upon a highway or any	4868
public or private property used by the public for purposes of	4869
vehicular travel or parking between the hours of midnight and six	4870
a.m. if, at the time of such operation, the holder is accompanied	4871
by the holder's parent, guardian, or custodian, and the parent,	4872
guardian, or custodian holds a current valid driver's or	4873
commercial driver's license issued by this state, is actually	4874
occupying a seat beside the permit holder, and does not have a	4875
prohibited concentration of alcohol in the whole blood, blood	4876
serum or plasma, breath, or urine as provided in division (A) of	4877
section 4511.19 of the Revised Code.	4878

(G)(1) Notwithstanding any other provision of law to the	4879
contrary, no law enforcement officer shall cause the operator of a	4880
motor vehicle being operated on any street or highway to stop the	4881
motor vehicle for the sole purpose of determining whether each	4882
occupant of the motor vehicle is wearing all of the available	4883
elements of a properly adjusted occupant restraining device as	4884
required by division (A) of this section, or for the sole purpose	4885
of issuing a ticket, citation, or summons if the requirement in	4886
that division has been or is being violated, or for causing the	4887
arrest of or commencing a prosecution of a person for a violation	4888
of that requirement.	4889

(2) Notwithstanding any other provision of law to the	4890
contrary, no law enforcement officer shall cause the operator of a	4891
motor vehicle being operated on any street or highway to stop the	4892
motor vehicle for the sole purpose of determining whether a	4893
violation of division (F)(2) of this section has been or is being	4894
committed or for the sole purpose of issuing a ticket, citation,	4895
or summons for such a violation or for causing the arrest of or	4896
commencing a prosecution of a person for such violation.	4897

(H) As used in this section:

4898

(1) "Eligible adult" means any of the following:

4899

(a) An instructor of a driver training course approved by the	4900
department of public safety;	4901

(b) Any of the following persons who holds a current valid	4902
driver's or commercial driver's license issued by this state:	4903

(i) A parent, guardian, or custodian of the permit holder;

4904

(ii) A person twenty-one years of age or older who acts in	4905
loco parentis of the permit holder.	4906

(2) "Occupant restraining device" has the same meaning as in	4907
section 4513.263 of the Revised Code.	4908

(I) Whoever violates division (F)(1) or (2) of this section	4909
is guilty of a minor misdemeanor.	4910

Sec. 4507.23. (A) Except as provided in division (I) of this	4911
section, each application for a temporary instruction permit and	4912
examination shall be accompanied by a fee of five dollars.	4913

(B) Except as provided in division (I) of this section, each	4914
application for a driver's license made by a person who previously	4915
held such a license and whose license has expired not more than	4916
two years prior to the date of application, and who is required	4917
under this chapter to give an actual demonstration of the person's	4918
ability to drive, shall be accompanied by a fee of three dollars	4919
in addition to any other fees.	4920

(C)(1) Except as provided in divisions (E) and (I) of this	4921
section, each application for a driver's license, or motorcycle	4922
operator's endorsement, or renewal of a driver's license shall be	4923
accompanied by a fee of six dollars.	4924

(2) Except as provided in division (I) of this section, each	4925
application for a duplicate driver's license shall be accompanied	4926
by a fee of seven dollars and fifty cents. The duplicate driver's	4927
licenses issued under this section shall be distributed by the	4928
deputy registrar in accordance with rules adopted by the registrar	4929
of motor vehicles.	4930

(D) Except as provided in division (I) of this section, each	4931
application for a motorized bicycle license or duplicate thereof	4932
shall be accompanied by a fee of two dollars and fifty cents.	4933

(E) Except as provided in division (I) of this section, each	4934
application for a driver's license or renewal of a driver's	4935
license that will be issued to a person who is less than	4936
twenty-one years of age shall be accompanied by whichever of the	4937
following fees is applicable:	4938

(1) If the person is sixteen years of age or older, but less	4939
than seventeen years of age, a fee of seven dollars and	4940
twenty-five cents;	4941

(2) If the person is seventeen years of age or older, but	4942
less than eighteen years of age, a fee of six dollars;	4943

(3) If the person is eighteen years of age or older, but less	4944
than nineteen years of age, a fee of four dollars and seventy-five	4945
cents;	4946

(4) If the person is nineteen years of age or older, but less	4947
than twenty years of age, a fee of three dollars and fifty cents;	4948

(5) If the person is twenty years of age or older, but less	4949
than twenty-one years of age, a fee of two dollars and twenty-five	4950
cents.	4951

(F) Neither the registrar nor any deputy registrar shall	4952
charge a fee in excess of one dollar and fifty cents for	4953
laminating a driver's license, motorized bicycle license, or	4954
temporary instruction permit identification cards as required by	4955
sections 4507.13 and 4511.521 of the Revised Code. A deputy	4956
registrar laminating a driver's license, motorized bicycle	4957
license, or temporary instruction permit identification cards	4958
shall retain the entire amount of the fee charged for lamination,	4959
less the actual cost to the registrar of the laminating materials	4960
used for that lamination, as specified in the contract executed by	4961
the bureau for the laminating materials and laminating equipment.	4962
The deputy registrar shall forward the amount of the cost of the	4963
laminating materials to the registrar for deposit as provided in	4964
this section.	4965

(G) Except as provided in division (I) of this section, each	4966
transaction described in divisions (A), (B), (C), (D), and (E) of	4967
this section shall be accompanied by an additional fee of twelve	4968
dollars. The additional fee is for the purpose of defraying the	4969
department of public safety's costs associated with the	4970
administration and enforcement of the motor vehicle and traffic	4971
laws of Ohio.	4972

(H) At the time and in the manner provided by section 4503.10	4973
of the Revised Code, the deputy registrar shall transmit the fees	4974
collected under divisions (A), (B), (C), (D), and (E), those	4975
portions of the fees specified in and collected under division	4976
(F), and the additional fee under division (G) of this section to	4977
the registrar. The registrar shall pay two dollars and fifty cents	4978
of each fee collected under divisions (A), (B), (C)(1) and (2),	4979
(D), and (E)(1) to (4) of this section, and the entire fee	4980
collected under division (E)(5) of this section, into the state	4981
~~highway safety~~bureau of motor vehicles fund established in	4982
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	4983
be used for the sole purpose of supporting driver licensing	4984
activities. The registrar also shall pay five dollars of each fee	4985
collected under division (C)(2) of this section and the entire fee	4986
collected under division (G) of this section into the state	4987
highway safety fund created in section 4501.06 of the Revised	4988
Code. The remaining fees collected by the registrar under this	4989
section shall be paid into the state bureau of motor vehicles fund	4990
established in section 4501.25 of the Revised Code.	4991

(I) A disabled veteran who has a service-connected disability	4992
rated at one hundred per cent by the veterans' administration may	4993
apply to the registrar or a deputy registrar for the issuance to	4994
that veteran, without the payment of any fee prescribed in this	4995
section, of any of the following items:	4996

(1) A temporary instruction permit and examination;

4997

(2) A new, renewal, or duplicate driver's or commercial	4998
driver's license;	4999

(3) A motorcycle operator's endorsement;

5000

(4) A motorized bicycle license or duplicate thereof;

5001

(5) Lamination of a driver's license, motorized bicycle	5002
license, or temporary instruction permit identification card as	5003
provided in division (F) of this section.	5004

An application made under division (I) of this section shall	5005
be accompanied by such documentary evidence of disability as the	5006
registrar may require by rule.	5007

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5008
of the Revised Code:	5009

(A) "Vehicle" means every device, including a motorized	5010
bicycle, in, upon, or by which any person or property may be	5011
transported or drawn upon a highway, except that "vehicle" does	5012
not include any motorized wheelchair, any electric personal	5013
assistive mobility device, any device that is moved by power	5014
collected from overhead electric trolley wires or that is used	5015
exclusively upon stationary rails or tracks, or any device, other	5016
than a bicycle, that is moved by human power.	5017

(B) "Motor vehicle" means every vehicle propelled or drawn by	5018
power other than muscular power or power collected from overhead	5019
electric trolley wires, except motorized bicycles, road rollers,	5020
traction engines, power shovels, power cranes, and other equipment	5021
used in construction work and not designed for or employed in	5022
general highway transportation, hole-digging machinery,	5023
well-drilling machinery, ditch-digging machinery, farm machinery,	5024
and trailers designed and used exclusively to transport a boat	5025
between a place of storage and a marina, or in and around a	5026
marina, when drawn or towed on a street or highway for a distance	5027
of no more than ten miles and at a speed of twenty-five miles per	5028
hour or less.	5029

(C) "Motorcycle" means every motor vehicle, other than a	5030
tractor, having a seat or saddle for the use of the operator and	5031
designed to travel on not more than three wheels in contact with	5032
the ground, including, but not limited to, motor vehicles known as	5033
"motor-driven cycle," "motor scooter," or "motorcycle" without	5034
regard to weight or brake horsepower.	5035

(D) "Emergency vehicle" means emergency vehicles of	5036
municipal, township, or county departments or public utility	5037
corporations when identified as such as required by law, the	5038
director of public safety, or local authorities, and motor	5039
vehicles when commandeered by a police officer.	5040

(E) "Public safety vehicle" means any of the following:

5041

(1) Ambulances, including private ambulance companies under	5042
contract to a municipal corporation, township, or county, and	5043
private ambulances and nontransport vehicles bearing license	5044
plates issued under section 4503.49 of the Revised Code;	5045

(2) Motor vehicles used by public law enforcement officers or	5046
other persons sworn to enforce the criminal and traffic laws of	5047
the state;	5048

(3) Any motor vehicle when properly identified as required by	5049
the director of public safety, when used in response to fire	5050
emergency calls or to provide emergency medical service to ill or	5051
injured persons, and when operated by a duly qualified person who	5052
is a member of a volunteer rescue service or a volunteer fire	5053
department, and who is on duty pursuant to the rules or directives	5054
of that service. The state fire marshal shall be designated by the	5055
director of public safety as the certifying agency for all public	5056
safety vehicles described in division (E)(3) of this section.	5057

(4) Vehicles used by fire departments, including motor	5058
vehicles when used by volunteer fire fighters responding to	5059
emergency calls in the fire department service when identified as	5060
required by the director of public safety.	5061

Any vehicle used to transport or provide emergency medical	5062
service to an ill or injured person, when certified as a public	5063
safety vehicle, shall be considered a public safety vehicle when	5064
transporting an ill or injured person to a hospital regardless of	5065
whether such vehicle has already passed a hospital.	5066

(5) Vehicles used by the motor carrier enforcement unit for	5067
the enforcement of orders and rules of the public utilities	5068
commission as specified in section 5503.34 of the Revised Code.	5069

(F) "School bus" means every bus designed for carrying more	5070
than nine passengers that is owned by a public, private, or	5071
governmental agency or institution of learning and operated for	5072
the transportation of children to or from a school session or a	5073
school function, or owned by a private person and operated for	5074
compensation for the transportation of children to or from a	5075
school session or a school function, provided "school bus" does	5076
not include a bus operated by a municipally owned transportation	5077
system, a mass transit company operating exclusively within the	5078
territorial limits of a municipal corporation, or within such	5079
limits and the territorial limits of municipal corporations	5080
immediately contiguous to such municipal corporation, nor a common	5081
passenger carrier certified by the public utilities commission	5082
unless such bus is devoted exclusively to the transportation of	5083
children to and from a school session or a school function, and	5084
"school bus" does not include a van or bus used by a licensed	5085
child day-care center or type A family day-care home to transport	5086
children from the child day-care center or type A family day-care	5087
home to a school if the van or bus does not have more than fifteen	5088
children in the van or bus at any time.	5089

(G) "Bicycle" means every device, other than a ~~tricycle~~	5090
device that is designed solely for use as a play vehicle by a	5091
child, that is propelled solely by human power upon which ~~any~~a	5092
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	5093
~~or one wheel in the front and two wheels in the rear, or two~~	5094
~~wheels in the front and one wheel in the rear,~~ any of which is	5095
more than fourteen inches in diameter.	5096

(H) "Motorized bicycle" means any vehicle having either two	5097
tandem wheels or one wheel in the front and two wheels in the	5098
rear, that is capable of being pedaled and is equipped with a	5099
helper motor of not more than fifty cubic centimeters piston	5100
displacement that produces no more than one brake horsepower and	5101
is capable of propelling the vehicle at a speed of no greater than	5102
twenty miles per hour on a level surface.	5103

(I) "Commercial tractor" means every motor vehicle having	5104
motive power designed or used for drawing other vehicles and not	5105
so constructed as to carry any load thereon, or designed or used	5106
for drawing other vehicles while carrying a portion of such other	5107
vehicles, or load thereon, or both.	5108

(J) "Agricultural tractor" means every self-propelling	5109
vehicle designed or used for drawing other vehicles or wheeled	5110
machinery but having no provision for carrying loads independently	5111
of such other vehicles, and used principally for agricultural	5112
purposes.	5113

(K) "Truck" means every motor vehicle, except trailers and	5114
semitrailers, designed and used to carry property.	5115

(L) "Bus" means every motor vehicle designed for carrying	5116
more than nine passengers and used for the transportation of	5117
persons other than in a ridesharing arrangement, and every motor	5118
vehicle, automobile for hire, or funeral car, other than a taxicab	5119
or motor vehicle used in a ridesharing arrangement, designed and	5120
used for the transportation of persons for compensation.	5121

(M) "Trailer" means every vehicle designed or used for	5122
carrying persons or property wholly on its own structure and for	5123
being drawn by a motor vehicle, including any such vehicle when	5124
formed by or operated as a combination of a "semitrailer" and a	5125
vehicle of the dolly type, such as that commonly known as a	5126
"trailer dolly," a vehicle used to transport agricultural produce	5127
or agricultural production materials between a local place of	5128
storage or supply and the farm when drawn or towed on a street or	5129
highway at a speed greater than twenty-five miles per hour, and a	5130
vehicle designed and used exclusively to transport a boat between	5131
a place of storage and a marina, or in and around a marina, when	5132
drawn or towed on a street or highway for a distance of more than	5133
ten miles or at a speed of more than twenty-five miles per hour.	5134

(N) "Semitrailer" means every vehicle designed or used for	5135
carrying persons or property with another and separate motor	5136
vehicle so that in operation a part of its own weight or that of	5137
its load, or both, rests upon and is carried by another vehicle.	5138

(O) "Pole trailer" means every trailer or semitrailer	5139
attached to the towing vehicle by means of a reach, pole, or by	5140
being boomed or otherwise secured to the towing vehicle, and	5141
ordinarily used for transporting long or irregular shaped loads	5142
such as poles, pipes, or structural members capable, generally, of	5143
sustaining themselves as beams between the supporting connections.	5144

(P) "Railroad" means a carrier of persons or property	5145
operating upon rails placed principally on a private right-of-way.	5146

(Q) "Railroad train" means a steam engine or an electric or	5147
other motor, with or without cars coupled thereto, operated by a	5148
railroad.	5149

(R) "Streetcar" means a car, other than a railroad train, for	5150
transporting persons or property, operated upon rails principally	5151
within a street or highway.	5152

(S) "Trackless trolley" means every car that collects its	5153
power from overhead electric trolley wires and that is not	5154
operated upon rails or tracks.	5155

(T) "Explosives" means any chemical compound or mechanical	5156
mixture that is intended for the purpose of producing an explosion	5157
that contains any oxidizing and combustible units or other	5158
ingredients in such proportions, quantities, or packing that an	5159
ignition by fire, by friction, by concussion, by percussion, or by	5160
a detonator of any part of the compound or mixture may cause such	5161
a sudden generation of highly heated gases that the resultant	5162
gaseous pressures are capable of producing destructive effects on	5163
contiguous objects, or of destroying life or limb. Manufactured	5164
articles shall not be held to be explosives when the individual	5165
units contain explosives in such limited quantities, of such	5166
nature, or in such packing, that it is impossible to procure a	5167
simultaneous or a destructive explosion of such units, to the	5168
injury of life, limb, or property by fire, by friction, by	5169
concussion, by percussion, or by a detonator, such as fixed	5170
ammunition for small arms, firecrackers, or safety fuse matches.	5171

(U) "Flammable liquid" means any liquid that has a flash	5172
point of seventy degrees fahrenheit, or less, as determined by a	5173
tagliabue or equivalent closed cup test device.	5174

(V) "Gross weight" means the weight of a vehicle plus the	5175
weight of any load thereon.	5176

(W) "Person" means every natural person, firm,	5177
co-partnership, association, or corporation.	5178

(X) "Pedestrian" means any natural person afoot.

5179

(Y) "Driver or operator" means every person who drives or is	5180
in actual physical control of a vehicle, trackless trolley, or	5181
streetcar.	5182

(Z) "Police officer" means every officer authorized to direct	5183
or regulate traffic, or to make arrests for violations of traffic	5184
regulations.	5185

(AA) "Local authorities" means every county, municipal, and	5186
other local board or body having authority to adopt police	5187
regulations under the constitution and laws of this state.	5188

(BB) "Street" or "highway" means the entire width between the	5189
boundary lines of every way open to the use of the public as a	5190
thoroughfare for purposes of vehicular travel.	5191

(CC) "Controlled-access highway" means every street or	5192
highway in respect to which owners or occupants of abutting lands	5193
and other persons have no legal right of access to or from the	5194
same except at such points only and in such manner as may be	5195
determined by the public authority having jurisdiction over such	5196
street or highway.	5197

(DD) "Private road or driveway" means every way or place in	5198
private ownership used for vehicular travel by the owner and those	5199
having express or implied permission from the owner but not by	5200
other persons.	5201

(EE) "Roadway" means that portion of a highway improved,	5202
designed, or ordinarily used for vehicular travel, except the berm	5203
or shoulder. If a highway includes two or more separate roadways	5204
the term "roadway" means any such roadway separately but not all	5205
such roadways collectively.	5206

(FF) "Sidewalk" means that portion of a street between the	5207
curb lines, or the lateral lines of a roadway, and the adjacent	5208
property lines, intended for the use of pedestrians.	5209

(GG) "Laned highway" means a highway the roadway of which is	5210
divided into two or more clearly marked lanes for vehicular	5211
traffic.	5212

(HH) "Through highway" means every street or highway as	5213
provided in section 4511.65 of the Revised Code.	5214

(II) "State highway" means a highway under the jurisdiction	5215
of the department of transportation, outside the limits of	5216
municipal corporations, provided that the authority conferred upon	5217
the director of transportation in section 5511.01 of the Revised	5218
Code to erect state highway route markers and signs directing	5219
traffic shall not be modified by sections 4511.01 to 4511.79 and	5220
4511.99 of the Revised Code.	5221

(JJ) "State route" means every highway that is designated	5222
with an official state route number and so marked.	5223

(KK) "Intersection" means:

5224

(1) The area embraced within the prolongation or connection	5225
of the lateral curb lines, or, if none, the lateral boundary lines	5226
of the roadways of two highways that join one another at, or	5227
approximately at, right angles, or the area within which vehicles	5228
traveling upon different highways that join at any other angle	5229
might come into conflict. The junction of an alley or driveway	5230
with a roadway or highway does not constitute an intersection	5231
unless the roadway or highway at the junction is controlled by a	5232
traffic control device.	5233

(2) If a highway includes two roadways that are thirty feet	5234
or more apart, then every crossing of each roadway of such divided	5235
highway by an intersecting highway constitutes a separate	5236
intersection. If both intersecting highways include two roadways	5237
thirty feet or more apart, then every crossing of any two roadways	5238
of such highways constitutes a separate intersection.	5239

(3) At a location controlled by a traffic control signal,	5240
regardless of the distance between the separate intersections as	5241
described in division (KK)(2) of this section:	5242

(a) If a stop line, yield line, or crosswalk has not been	5243
designated on the roadway within the median between the separate	5244
intersections, the two intersections and the roadway and median	5245
constitute one intersection.	5246

(b) Where a stop line, yield line, or crosswalk line is	5247
designated on the roadway on the intersection approach, the area	5248
within the crosswalk and any area beyond the designated stop line	5249
or yield line constitute part of the intersection.	5250

(c) Where a crosswalk is designated on a roadway on the	5251
departure from the intersection, the intersection includes the	5252
area that extends to the far side of the crosswalk.	5253

(LL) "Crosswalk" means:

5254

(1) That part of a roadway at intersections ordinarily	5255
included within the real or projected prolongation of property	5256
lines and curb lines or, in the absence of curbs, the edges of the	5257
traversable roadway;	5258

(2) Any portion of a roadway at an intersection or elsewhere,	5259
distinctly indicated for pedestrian crossing by lines or other	5260
markings on the surface;	5261

(3) Notwithstanding divisions (LL)(1) and (2) of this	5262
section, there shall not be a crosswalk where local authorities	5263
have placed signs indicating no crossing.	5264

(MM) "Safety zone" means the area or space officially set	5265
apart within a roadway for the exclusive use of pedestrians and	5266
protected or marked or indicated by adequate signs as to be	5267
plainly visible at all times.	5268

(NN) "Business district" means the territory fronting upon a	5269
street or highway, including the street or highway, between	5270
successive intersections within municipal corporations where fifty	5271
per cent or more of the frontage between such successive	5272
intersections is occupied by buildings in use for business, or	5273
within or outside municipal corporations where fifty per cent or	5274
more of the frontage for a distance of three hundred feet or more	5275
is occupied by buildings in use for business, and the character of	5276
such territory is indicated by official traffic control devices.	5277

(OO) "Residence district" means the territory, not comprising	5278
a business district, fronting on a street or highway, including	5279
the street or highway, where, for a distance of three hundred feet	5280
or more, the frontage is improved with residences or residences	5281
and buildings in use for business.	5282

(PP) "Urban district" means the territory contiguous to and	5283
including any street or highway which is built up with structures	5284
devoted to business, industry, or dwelling houses situated at	5285
intervals of less than one hundred feet for a distance of a	5286
quarter of a mile or more, and the character of such territory is	5287
indicated by official traffic control devices.	5288

(QQ) "Traffic control device" means a flagger, sign, signal,	5289
marking, or other device used to regulate, warn, or guide traffic,	5290
placed on, over, or adjacent to a street, highway, private road	5291
open to public travel, pedestrian facility, or shared-use path by	5292
authority of a public agency or official having jurisdiction, or,	5293
in the case of a private road open to public travel, by authority	5294
of the private owner or private official having jurisdiction.	5295

(RR) "Traffic control signal" means any highway traffic	5296
signal by which traffic is alternately directed to stop and	5297
permitted to proceed.	5298

(SS) "Railroad sign or signal" means any sign, signal, or	5299
device erected by authority of a public body or official or by a	5300
railroad and intended to give notice of the presence of railroad	5301
tracks or the approach of a railroad train.	5302

(TT) "Traffic" means pedestrians, ridden or herded animals,	5303
vehicles, streetcars, trackless trolleys, and other devices,	5304
either singly or together, while using for purposes of travel any	5305
highway or private road open to public travel.	5306

(UU) "Right-of-way" means either of the following, as the	5307
context requires:	5308

(1) The right of a vehicle, streetcar, trackless trolley, or	5309
pedestrian to proceed uninterruptedly in a lawful manner in the	5310
direction in which it or the individual is moving in preference to	5311
another vehicle, streetcar, trackless trolley, or pedestrian	5312
approaching from a different direction into its or the	5313
individual's path;	5314

(2) A general term denoting land, property, or the interest	5315
therein, usually in the configuration of a strip, acquired for or	5316
devoted to transportation purposes. When used in this context,	5317
right-of-way includes the roadway, shoulders or berm, ditch, and	5318
slopes extending to the right-of-way limits under the control of	5319
the state or local authority.	5320

(VV) "Rural mail delivery vehicle" means every vehicle used	5321
to deliver United States mail on a rural mail delivery route.	5322

(WW) "Funeral escort vehicle" means any motor vehicle,	5323
including a funeral hearse, while used to facilitate the movement	5324
of a funeral procession.	5325

(XX) "Alley" means a street or highway intended to provide	5326
access to the rear or side of lots or buildings in urban districts	5327
and not intended for the purpose of through vehicular traffic, and	5328
includes any street or highway that has been declared an "alley"	5329
by the legislative authority of the municipal corporation in which	5330
such street or highway is located.	5331

(YY) "Freeway" means a divided multi-lane highway for through	5332
traffic with all crossroads separated in grade and with full	5333
control of access.	5334

(ZZ) "Expressway" means a divided arterial highway for	5335
through traffic with full or partial control of access with an	5336
excess of fifty per cent of all crossroads separated in grade.	5337

(AAA) "Thruway" means a through highway whose entire roadway	5338
is reserved for through traffic and on which roadway parking is	5339
prohibited.	5340

(BBB) "Stop intersection" means any intersection at one or	5341
more entrances of which stop signs are erected.	5342

(CCC) "Arterial street" means any United States or state	5343
numbered route, controlled access highway, or other major radial	5344
or circumferential street or highway designated by local	5345
authorities within their respective jurisdictions as part of a	5346
major arterial system of streets or highways.	5347

(DDD) "Ridesharing arrangement" means the transportation of	5348
persons in a motor vehicle where such transportation is incidental	5349
to another purpose of a volunteer driver and includes ridesharing	5350
arrangements known as carpools, vanpools, and buspools.	5351

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5352
designed for, and used by, a handicapped person and that is	5353
incapable of a speed in excess of eight miles per hour.	5354

(FFF) "Child day-care center" and "type A family day-care	5355
home" have the same meanings as in section 5104.01 of the Revised	5356
Code.	5357

(GGG) "Multi-wheel agricultural tractor" means a type of	5358
agricultural tractor that has two or more wheels or tires on each	5359
side of one axle at the rear of the tractor, is designed or used	5360
for drawing other vehicles or wheeled machinery, has no provision	5361
for carrying loads independently of the drawn vehicles or	5362
machinery, and is used principally for agricultural purposes.	5363

(HHH) "Operate" means to cause or have caused movement of a	5364
vehicle, streetcar, or trackless trolley.	5365

(III) "Predicate motor vehicle or traffic offense" means any	5366
of the following:	5367

(1) A violation of section 4511.03, 4511.051, 4511.12,	5368
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5369
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5370
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	5371
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	5372
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	5373
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	5374
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	5375
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	5376
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	5377
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	5378

(2) A violation of division (A)(2) of section 4511.17,	5379
divisions (A) to (D) of section 4511.51, or division (A) of	5380
section 4511.74 of the Revised Code;	5381

(3) A violation of any provision of sections 4511.01 to	5382
4511.76 of the Revised Code for which no penalty otherwise is	5383
provided in the section that contains the provision violated;	5384

(4) A violation of a municipal ordinance that is	5385
substantially similar to any section or provision set forth or	5386
described in division (III)(1), (2), or (3) of this section.	5387

(JJJ) "Road service vehicle" means wreckers, utility repair	5388
vehicles, and state, county, and municipal service vehicles	5389
equipped with visual signals by means of flashing, rotating, or	5390
oscillating lights.	5391

(KKK) "Beacon" means a highway traffic signal with one or	5392
more signal sections that operate in a flashing mode.	5393

(LLL) "Hybrid beacon" means a type of beacon that is	5394
intentionally placed in a dark mode between periods of operation	5395
where no indications are displayed and, when in operation,	5396
displays both steady and flashing traffic control signal	5397
indications.	5398

(MMM) "Highway traffic signal" means a power-operated traffic	5399
control device by which traffic is warned or directed to take some	5400
specific action. "Highway traffic signal" does not include a	5401
power-operated sign, steadily illuminated pavement marker, warning	5402
light, or steady burning electric lamp.	5403

(NNN) "Median" means the area between two roadways of a	5404
divided highway, measured from edge of traveled way to edge of	5405
traveled way, but excluding turn lanes. The width of a median may	5406
be different between intersections, between interchanges, and at	5407
opposite approaches of the same intersection.	5408

(OOO) "Private road open to public travel" means a private	5409
toll road or road, including any adjacent sidewalks that generally	5410
run parallel to the road, within a shopping center, airport,	5411
sports arena, or other similar business or recreation facility	5412
that is privately owned but where the public is allowed to travel	5413
without access restrictions. "Private road open to public travel"	5414
includes a gated toll road but does not include a road within a	5415
private gated property where access is restricted at all times, a	5416
parking area, a driving aisle within a parking area, or a private	5417
grade crossing.	5418

(PPP) "Shared-use path" means a bikeway outside the traveled	5419
way and physically separated from motorized vehicular traffic by	5420
an open space or barrier and either within the highway	5421
right-of-way or within an independent alignment. A shared-use path	5422
also may be used by pedestrians, including skaters, joggers, users	5423
of manual and motorized wheelchairs, and other authorized	5424
motorized and non-motorized users.	5425

Sec. 4511.13. Highway traffic signal indications for	5426
vehicles and pedestrians shall have the following meanings:	5427

(A) Steady green signal indication:

5428

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5429
facing a circular green signal indication are permitted to proceed	5430
straight through or turn right or left or make a u-turn movement	5431
except as such movement is modified by a lane-use sign, turn	5432
prohibition sign, lane marking, roadway design, separate turn	5433
signal indication, or other traffic control device. Such vehicular	5434
traffic, including vehicles turning right or left or making a	5435
u-turn movement, shall yield the right-of-way to both of the	5436
following:	5437

(i) Pedestrians lawfully within an associated crosswalk;

5438

(ii) Other vehicles lawfully within the intersection.

5439

(b) In addition, vehicular traffic turning left or making a	5440
u-turn movement to the left shall yield the right-of-way to other	5441
vehicles approaching from the opposite direction so closely as to	5442
constitute an immediate hazard during the time when such turning	5443
vehicle is moving across or within the intersection.	5444

(2) Vehicular traffic, streetcars, and trackless trolleys	5445
facing a green arrow signal indication, displayed alone or in	5446
combination with another signal indication, are permitted to	5447
cautiously enter the intersection only to make the movement	5448
indicated by such arrow, or such other movement as is permitted by	5449
other indications displayed at the same time. Such vehicular	5450
traffic, streetcars, and trackless trolleys, including vehicles	5451
turning right or left or making a u-turn movement, shall yield the	5452
right-of-way to both of the following:	5453

(a) Pedestrians lawfully within an associated crosswalk;

5454

(b) Other traffic lawfully using the intersection.

5455

(3)(a) Unless otherwise directed by a pedestrian signal	5456
indication, as provided in section 4511.14 of the Revised Code,	5457
pedestrians facing a circular green signal indication are	5458
permitted to proceed across the roadway within any marked or	5459
unmarked associated crosswalk. The pedestrian shall yield the	5460
right-of-way to vehicles lawfully within the intersection or so	5461
close as to create an immediate hazard at the time that the green	5462
signal indication is first displayed.	5463

(b) Pedestrians facing a green arrow signal indication,	5464
unless otherwise directed by a pedestrian signal indication or	5465
other traffic control device, shall not cross the roadway.	5466

(B) Steady yellow signal indication:

5467

(1) Vehicular traffic, streetcars, and trackless trolleys	5468
facing a steady circular yellow signal indication are thereby	5469
warned that the related green movement or the related flashing	5470
arrow movement is being terminated or that a steady red signal	5471
indication will be exhibited immediately thereafter when vehicular	5472
traffic, streetcars, and trackless trolleys shall not enter the	5473
intersection. The provisions governing vehicular operation under	5474
the movement being terminated shall continue to apply while the	5475
steady circular yellow signal indication is displayed.	5476

(2) Vehicular traffic facing a steady yellow arrow signal	5477
indication is thereby warned that the related green arrow movement	5478
or the related flashing arrow movement is being terminated. The	5479
provisions governing vehicular operation under the movement being	5480
terminated shall continue to apply while the steady yellow arrow	5481
signal indication is displayed.	5482

(3) Pedestrians facing a steady circular yellow or yellow	5483
arrow signal indication, unless otherwise directed by a pedestrian	5484
signal indication as provided in section 4511.14 of the Revised	5485
Code or other traffic control device, shall not start to cross the	5486
roadway.	5487

5488

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5489
facing a steady circular red signal indication, unless entering	5490
the intersection to make another movement permitted by another	5491
signal indication, shall stop at a clearly marked stop line; but	5492
if there is no stop line, traffic shall stop before entering the	5493
crosswalk on the near side of the intersection; or if there is no	5494
crosswalk, then before entering the intersection; and shall remain	5495
stopped until a signal indication to proceed is displayed except	5496
as provided in divisions (C)(1), (2), and (3) of this section.	5497

(b) Except when a traffic control device is in place	5498
prohibiting a turn on red or a steady red arrow signal indication	5499
is displayed, vehicular traffic facing a steady circular red	5500
signal indication is permitted, after stopping, to enter the	5501
intersection to turn right, or to turn left from a one-way street,	5502
~~after stopping~~into a one-way street. The right to proceed with	5503
the turn shall be subject to the provisions that are applicable	5504
after making a stop at a stop sign.	5505

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	5506
facing a steady red arrow signal indication shall not enter the	5507
intersection to make the movement indicated by the arrow and,	5508
unless entering the intersection to make another movement	5509
permitted by another signal indication, shall stop at a clearly	5510
marked stop line; but if there is no stop line, before entering	5511
the crosswalk on the near side of the intersection; or if there is	5512
no crosswalk, then before entering the intersection; and shall	5513
remain stopped until a signal indication or other traffic control	5514
device permitting the movement indicated by such red arrow is	5515
displayed.	5516

(b) When a traffic control device is in place permitting a	5517
turn on a steady red arrow signal indication, vehicular traffic	5518
facing a steady red arrow indication is permitted, after stopping,	5519
to enter the intersection to ~~make the movement indicated by the~~	5520
~~arrow signal indication, after stopping~~turn right, or to turn	5521
left from a one-way street into a one-way street. The right to	5522
proceed with the turn shall be limited to the direction indicated	5523
by the arrow and shall be subject to the provisions that are	5524
applicable after making a stop at a stop sign.	5525

(3) Unless otherwise directed by a pedestrian signal	5526
indication as provided in section 4511.14 of the Revised Code or	5527
other traffic control device, pedestrians facing a steady circular	5528
red or steady red arrow signal indication shall not enter the	5529
roadway.	5530

(4) Local authorities by ordinance, or the director of	5531
transportation on state highways, may prohibit a right or a left	5532
turn against a steady red signal at any intersection, which shall	5533
be effective when signs giving notice thereof are posted at the	5534
intersection.	5535

(D) A flashing green signal indication has no meaning and	5536
shall not be used.	5537

(E) Flashing yellow signal indication:

5538

(1)(a) Vehicular traffic, on an approach to an intersection,	5539
facing a flashing circular yellow signal indication, is permitted	5540
to cautiously enter the intersection to proceed straight through	5541
or turn right or left or make a u-turn movement except as such	5542
movement is modified by lane-use signs, turn prohibition signs,	5543
lane markings, roadway design, separate turn signal indications,	5544
or other traffic control devices. Such vehicular traffic,	5545
including vehicles turning right or left or making a u-turn	5546
movement, shall yield the right-of-way to both of the following:	5547

(i) Pedestrians lawfully within an associated crosswalk;

5548

(ii) Other vehicles lawfully within the intersection.

5549

(b) In addition, vehicular traffic turning left or making a	5550
u-turn to the left shall yield the right-of-way to other vehicles	5551
approaching from the opposite direction so closely as to	5552
constitute an immediate hazard during the time when such turning	5553
vehicle is moving across or within the intersection.	5554

(2)(a) Vehicular traffic, on an approach to an intersection,	5555
facing a flashing yellow arrow signal indication, displayed alone	5556
or in combination with another signal indication, is permitted to	5557
cautiously enter the intersection only to make the movement	5558
indicated by such arrow, or other such movement as is permitted by	5559
other signal indications displayed at the same time. Such	5560
vehicular traffic, including vehicles turning right or left or	5561
making a u-turn, shall yield the right-of-way to both of the	5562
following:	5563

(i) Pedestrians lawfully within an associated crosswalk;

5564

(ii) Other vehicles lawfully within the intersection.

5565

(b) In addition, vehicular traffic turning left or making a	5566
u-turn to the left shall yield the right-of-way to other vehicles	5567
approaching from the opposite direction so closely as to	5568
constitute an immediate hazard during the time when such turning	5569
vehicle is moving across or within the intersection.	5570

(3) Pedestrians facing any flashing yellow signal indication	5571
at an intersection, unless otherwise directed by a pedestrian	5572
signal indication or other traffic control device, are permitted	5573
to proceed across the roadway within any marked or unmarked	5574
associated crosswalk. Pedestrians shall yield the right-of-way to	5575
vehicles lawfully within the intersection at the time that the	5576
flashing yellow signal indication is first displayed.	5577

(4) When a flashing circular yellow signal indication is	5578
displayed as a beacon to supplement another traffic control	5579
device, road users are notified that there is a need to pay	5580
additional attention to the message contained thereon or that the	5581
regulatory or warning requirements of the other traffic control	5582
device, which might not be applicable at all times, are currently	5583
applicable.	5584

(F) Flashing red signal indication:

5585

(1) Vehicular traffic, on an approach to an intersection,	5586
facing a flashing circular red signal indication, shall stop at a	5587
clearly marked stop line; but if there is no stop line, before	5588
entering the crosswalk on the near side of the intersection; or if	5589
there is no crosswalk, at the point nearest the intersecting	5590
roadway where the driver has a view of approaching traffic on the	5591
intersecting roadway before entering the intersection. The right	5592
to proceed shall be subject to the provisions that are applicable	5593
after making a stop at a stop sign.	5594

(2) Pedestrians facing any flashing red signal indication at	5595
an intersection, unless otherwise directed by a pedestrian signal	5596
indication or other traffic control device, are permitted to	5597
proceed across the roadway within any marked or unmarked	5598
associated crosswalk. Pedestrians shall yield the right-of-way to	5599
vehicles lawfully within the intersection at the time that the	5600
flashing red signal indication is first displayed.	5601

(3) When a flashing circular red signal indication is	5602
displayed as a beacon to supplement another traffic control	5603
device, road users are notified that there is a need to pay	5604
additional attention to the message contained thereon or that the	5605
regulatory requirements of the other traffic control device, which	5606
might not be applicable at all times, are currently applicable.	5607
Use of this signal indication shall be limited to supplementing	5608
stop, do not enter, or wrong way signs, and to applications where	5609
compliance with the supplemented traffic control device requires a	5610
stop at a designated point.	5611

(G) In the event an official traffic-control signal is	5612
erected and maintained at a place other than an intersection, the	5613
provisions of this section shall be applicable except as to those	5614
provisions which by their nature can have no application. Any stop	5615
required shall be made at a sign or marking on the pavement	5616
indicating where the stop shall be made, but in the absence of any	5617
such sign or marking the stop shall be made at the signal.	5618

(H) This section does not apply at railroad grade crossings.	5619
Conduct of drivers of vehicles, trackless trolleys, and streetcars	5620
approaching railroad grade crossings shall be governed by sections	5621
4511.61 and 4511.62 of the Revised Code.	5622

Sec. 4511.21. (A) No person shall operate a motor vehicle,	5623
trackless trolley, or streetcar at a speed greater or less than is	5624
reasonable or proper, having due regard to the traffic, surface,	5625
and width of the street or highway and any other conditions, and	5626
no person shall drive any motor vehicle, trackless trolley, or	5627
streetcar in and upon any street or highway at a greater speed	5628
than will permit the person to bring it to a stop within the	5629
assured clear distance ahead.	5630

(B) It is prima-facie lawful, in the absence of a lower limit	5631
declared or established pursuant to this section by the director	5632
of transportation or local authorities, for the operator of a	5633
motor vehicle, trackless trolley, or streetcar to operate the same	5634
at a speed not exceeding the following:	5635

(1)(a) Twenty miles per hour in school zones during school	5636
recess and while children are going to or leaving school during	5637
the opening or closing hours, and when twenty miles per hour	5638
school speed limit signs are erected; except that, on	5639
controlled-access highways and expressways, if the right-of-way	5640
line fence has been erected without pedestrian opening, the speed	5641
shall be governed by division (B)(4) of this section and on	5642
freeways, if the right-of-way line fence has been erected without	5643
pedestrian opening, the speed shall be governed by divisions	5644
(B)(9) and (10) of this section. The end of every school zone may	5645
be marked by a sign indicating the end of the zone. Nothing in	5646
this section or in the manual and specifications for a uniform	5647
system of traffic control devices shall be construed to require	5648
school zones to be indicated by signs equipped with flashing or	5649
other lights, or giving other special notice of the hours in which	5650
the school zone speed limit is in effect.	5651

(b) As used in this section and in section 4511.212 of the	5652
Revised Code, "school" means any school chartered under section	5653
3301.16 of the Revised Code and any nonchartered school that	5654
during the preceding year filed with the department of education	5655
in compliance with rule 3301-35-08 of the Ohio Administrative	5656
Code, a copy of the school's report for the parents of the	5657
school's pupils certifying that the school meets Ohio minimum	5658
standards for nonchartered, nontax-supported schools and presents	5659
evidence of this filing to the jurisdiction from which it is	5660
requesting the establishment of a school zone. "School" also	5661
includes a special elementary school that in writing requests the	5662
county engineer of the county in which the special elementary	5663
school is located to create a school zone at the location of that	5664
school. Upon receipt of such a written request, the county	5665
engineer shall create a school zone at that location by erecting	5666
the appropriate signs.	5667

(c) As used in this section, "school zone" means that portion	5668
of a street or highway passing a school fronting upon the street	5669
or highway that is encompassed by projecting the school property	5670
lines to the fronting street or highway, and also includes that	5671
portion of a state highway. Upon request from local authorities	5672
for streets and highways under their jurisdiction and that portion	5673
of a state highway under the jurisdiction of the director of	5674
transportation or a request from a county engineer in the case of	5675
a school zone for a special elementary school, the director may	5676
extend the traditional school zone boundaries. The distances in	5677
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	5678
exceed three hundred feet per approach per direction and are	5679
bounded by whichever of the following distances or combinations	5680
thereof the director approves as most appropriate:	5681

(i) The distance encompassed by projecting the school	5682
building lines normal to the fronting highway and extending a	5683
distance of three hundred feet on each approach direction;	5684

(ii) The distance encompassed by projecting the school	5685
property lines intersecting the fronting highway and extending a	5686
distance of three hundred feet on each approach direction;	5687

(iii) The distance encompassed by the special marking of the	5688
pavement for a principal school pupil crosswalk plus a distance of	5689
three hundred feet on each approach direction of the highway.	5690

Nothing in this section shall be construed to invalidate the	5691
director's initial action on August 9, 1976, establishing all	5692
school zones at the traditional school zone boundaries defined by	5693
projecting school property lines, except when those boundaries are	5694
extended as provided in divisions (B)(1)(a) and (c) of this	5695
section.	5696

(d) As used in this division, "crosswalk" has the meaning	5697
given that term in division (LL)(2) of section 4511.01 of the	5698
Revised Code.	5699

The director may, upon request by resolution of the	5700
legislative authority of a municipal corporation, the board of	5701
trustees of a township, or a county board of developmental	5702
disabilities created pursuant to Chapter 5126. of the Revised	5703
Code, and upon submission by the municipal corporation, township,	5704
or county board of such engineering, traffic, and other	5705
information as the director considers necessary, designate a	5706
school zone on any portion of a state route lying within the	5707
municipal corporation, lying within the unincorporated territory	5708
of the township, or lying adjacent to the property of a school	5709
that is operated by such county board, that includes a crosswalk	5710
customarily used by children going to or leaving a school during	5711
recess and opening and closing hours, whenever the distance, as	5712
measured in a straight line, from the school property line nearest	5713
the crosswalk to the nearest point of the crosswalk is no more	5714
than one thousand three hundred twenty feet. Such a school zone	5715
shall include the distance encompassed by the crosswalk and	5716
extending three hundred feet on each approach direction of the	5717
state route.	5718

(e) As used in this section, "special elementary school"	5719
means a school that meets all of the following criteria:	5720

(i) It is not chartered and does not receive tax revenue from	5721
any source.	5722

(ii) It does not educate children beyond the eighth grade.

5723

(iii) It is located outside the limits of a municipal	5724
corporation.	5725

(iv) A majority of the total number of students enrolled at	5726
the school are not related by blood.	5727

(v) The principal or other person in charge of the special	5728
elementary school annually sends a report to the superintendent of	5729
the school district in which the special elementary school is	5730
located indicating the total number of students enrolled at the	5731
school, but otherwise the principal or other person in charge does	5732
not report any other information or data to the superintendent.	5733

(2) Twenty-five miles per hour in all other portions of a	5734
municipal corporation, except on state routes outside business	5735
districts, through highways outside business districts, and	5736
alleys;	5737

(3) Thirty-five miles per hour on all state routes or through	5738
highways within municipal corporations outside business districts,	5739
except as provided in divisions (B)(4) and (6) of this section;	5740

(4) Fifty miles per hour on controlled-access highways and	5741
expressways within municipal corporations;	5742

(5) Fifty-five miles per hour on highways outside municipal	5743
corporations, other than highways within island jurisdictions as	5744
provided in division (B)(8) of this section, highways as provided	5745
in division (B)(9) of this section, and freeways as provided in	5746
divisions (B)(13) ~~and (14)~~, (16), and (17) of this section;	5747

(6) Fifty miles per hour on state routes within municipal	5748
corporations outside urban districts unless a lower prima-facie	5749
speed is established as further provided in this section;	5750

(7) Fifteen miles per hour on all alleys within the municipal	5751
corporation;	5752

(8) Thirty-five miles per hour on highways outside municipal	5753
corporations that are within an island jurisdiction;	5754

(9) Sixty miles per hour on two-lane state routes outside	5755
municipal corporations as established by the director under	5756
division (H)(2) of this section.	5757

(10) Fifty-five miles per hour at all times on freeways with	5758
paved shoulders inside municipal corporations, other than freeways	5759
as provided in divisions (B)(13) ~~and (14)~~, (16), and (17) of this	5760
section;	5761

~~(10)~~(11) Fifty-five miles per hour at all times on freeways	5762
outside municipal corporations, other than freeways as provided in	5763
divisions (B)(13) ~~and (14)~~, (16), and (17) of this section;	5764

~~(11)~~(12) Fifty-five miles per hour at all times ~~on all~~	5765
~~portions of freeways that are part of the interstate system and~~ on	5766
all portions of freeways that are not part of the interstate	5767
system, but are built to the standards and specifications that are	5768
applicable to freeways that are part of the interstate system for	5769
operators of any motor vehicle weighing in excess of eight	5770
thousand pounds empty weight and any noncommercial bus~~, except as~~	5771
~~provided in division (B)(14) of this section~~;	5772

~~(12)~~(13) Fifty-five miles per hour for operators of any motor	5773
vehicle weighing eight thousand pounds or less empty weight and	5774
any commercial bus at all times on all portions of freeways that	5775
~~are part of the interstate system and that had such a speed limit~~	5776
~~established prior to October 1, 1995, and freeways that~~ are not	5777
part of the interstate system, but are built to the standards and	5778
specifications that are applicable to freeways that are part of	5779
the interstate system and that had such a speed limit established	5780
prior to October 1, 1995, unless a higher speed limit is	5781
established under division (L) of this section;	5782

~~(13)~~(14) Sixty-five miles per hour for operators of any motor	5783
vehicle weighing eight thousand pounds or less empty weight and	5784
any commercial bus at all times on all portions of the following:	5785

(a) Freeways ~~that are part of the interstate system and that~~	5786
~~had such a speed limit established prior to October 1, 1995, and~~	5787
~~freeways~~ that are not part of the interstate system, but are built	5788
to the standards and specifications that are applicable to	5789
freeways that are part of the interstate system and that had such	5790
a speed limit established prior to October 1, 1995;	5791

(b) Freeways ~~that are part of the interstate system and~~	5792
~~freeways~~ that are not part of the interstate system but are built	5793
to the standards and specifications that are applicable to	5794
freeways that are part of the interstate system, and that had such	5795
a speed limit established under division (L) of this section;	5796

(c) Rural, divided, multi-lane highways that are designated	5797
as part of the national highway system under the "National Highway	5798
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	5799
and that had such a speed limit established under division (M) of	5800
this section.	5801

~~(14) Sixty-five~~(15) Fifty-five miles per hour for operators	5802
of any motor vehicle at all times on all portions of freeways in	5803
congested areas as determined by the director and that are part of	5804
the interstate system and are located within a municipal	5805
corporation or within an interstate freeway outerbelt;	5806

(16) Sixty-five miles per hour for operators of any motor	5807
vehicle at all times on all portions of freeways in urban areas as	5808
determined by the director and that are part of the interstate	5809
system and are part of an interstate freeway outerbelt;	5810

(17) Seventy miles per hour at all times on all portions of	5811
freeways that are part of the interstate system and ~~that had such~~	5812
~~a speed limit on the effective date of this amendment~~are outside	5813
urbanized areas, as designated in accordance with 23 U.S.C. 101,	5814
for operators of ~~any~~all motor ~~vehicle weighing in excess of eight~~	5815
~~thousand pounds empty weight and any noncommercial bus~~vehicles.	5816

(C) It is prima-facie unlawful for any person to exceed any	5817
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	5818
(6), (7), and (8) of this section, or any declared or established	5819
pursuant to this section by the director or local authorities and	5820
it is unlawful for any person to exceed any of the speed	5821
limitations in division (D) of this section. No person shall be	5822
convicted of more than one violation of this section for the same	5823
conduct, although violations of more than one provision of this	5824
section may be charged in the alternative in a single affidavit.	5825

(D) No person shall operate a motor vehicle, trackless	5826
trolley, or streetcar upon a street or highway as follows:	5827

(1) At a speed exceeding fifty-five miles per hour, except	5828
upon a two-lane state route as provided in division (B)(9) of this	5829
section and upon a freeway as provided in divisions (B)(13) ~~and~~	5830
~~(14)~~, (16), and (17) of this section;	5831

(2) At a speed exceeding sixty miles per hour upon a two-lane	5832
state route as provided in division (B)(9) of this section.	5833

(3) At a speed exceeding sixty-five miles per hour upon a	5834
freeway as provided in division (B)(16) of this section, except	5835
upon a freeway as provided in division (B)(17) of this section;	5836

(4) At a speed exceeding ~~sixty-five~~seventy miles per hour	5837
upon a freeway as provided in ~~divisions~~division (B)~~(13) and~~	5838
~~(14)~~(17) of this section;	5839

~~(3)~~(5) If a motor vehicle weighing in excess of eight	5840
thousand pounds empty weight or a noncommercial bus as prescribed	5841
in division (B)(11) of this section, at a speed exceeding	5842
fifty-five miles per hour, except upon a freeway as provided in	5843
~~that division~~divisions (B)(16) and (17) of this section;	5844

~~(4)~~(6) At a speed exceeding the posted speed limit upon a	5845
freeway for which the director has determined and declared a speed	5846
limit of not more than sixty-five miles per hour pursuant to	5847
division (L)(2) or (M) of this section;	5848

~~(5)~~(7) At a speed exceeding sixty-five miles per hour upon a	5849
freeway for which such a speed limit has been established through	5850
the operation of division (L)(3) of this section;	5851

~~(6)~~(8) At a speed exceeding the posted speed limit upon a	5852
freeway for which the director has determined and declared a speed	5853
limit pursuant to division (I)(2) of this section.	5854

(E) In every charge of violation of this section the	5855
affidavit and warrant shall specify the time, place, and speed at	5856
which the defendant is alleged to have driven, and in charges made	5857
in reliance upon division (C) of this section also the speed which	5858
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	5859
declared or established pursuant to, this section declares is	5860
prima-facie lawful at the time and place of such alleged	5861
violation, except that in affidavits where a person is alleged to	5862
have driven at a greater speed than will permit the person to	5863
bring the vehicle to a stop within the assured clear distance	5864
ahead the affidavit and warrant need not specify the speed at	5865
which the defendant is alleged to have driven.	5866

(F) When a speed in excess of both a prima-facie limitation	5867
and a limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~ of	5868
this section is alleged, the defendant shall be charged in a	5869
single affidavit, alleging a single act, with a violation	5870
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	5871
(8) of this section, or of a limit declared or established	5872
pursuant to this section by the director or local authorities, and	5873
of the limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~	5874
of this section. If the court finds a violation of division	5875
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	5876
or established pursuant to, this section has occurred, it shall	5877
enter a judgment of conviction under such division and dismiss the	5878
charge under division (D)~~(1), (2), (3), (4), (5), or (6)~~ of this	5879
section. If it finds no violation of division (B)(1)(a), (2), (3),	5880
(4), (6), (7), or (8) of, or a limit declared or established	5881
pursuant to, this section, it shall then consider whether the	5882
evidence supports a conviction under division (D)~~(1), (2), (3),~~	5883
~~(4), (5), or (6)~~ of this section.	5884

(G) Points shall be assessed for violation of a limitation	5885
under division (D) of this section in accordance with section	5886
4510.036 of the Revised Code.	5887

(H)(1) Whenever the director determines upon the basis of a	5888
geometric and traffic characteristic study that any speed limit	5889
set forth in divisions (B)(1)(a) to (D) of this section is greater	5890
or less than is reasonable or safe under the conditions found to	5891
exist at any portion of a street or highway under the jurisdiction	5892
of the director, the director shall determine and declare a	5893
reasonable and safe prima-facie speed limit, which shall be	5894
effective when appropriate signs giving notice of it are erected	5895
at the location.	5896

(2) Whenever the director determines upon the basis of a	5897
geometric and traffic characteristic study that the speed limit of	5898
fifty-five miles per hour on a two-lane state route outside a	5899
municipal corporation is less than is reasonable or safe under the	5900
conditions found to exist at that portion of the state route, the	5901
director may determine and declare a speed limit of sixty miles	5902
per hour for that portion of the state route, which shall be	5903
effective when appropriate signs giving notice of it are erected	5904
at the location.	5905

(I)(1) Except as provided in divisions (I)(2) and (K) of this	5906
section, whenever local authorities determine upon the basis of an	5907
engineering and traffic investigation that the speed permitted by	5908
divisions (B)(1)(a) to (D) of this section, on any part of a	5909
highway under their jurisdiction, is greater than is reasonable	5910
and safe under the conditions found to exist at such location, the	5911
local authorities may by resolution request the director to	5912
determine and declare a reasonable and safe prima-facie speed	5913
limit. Upon receipt of such request the director may determine and	5914
declare a reasonable and safe prima-facie speed limit at such	5915
location, and if the director does so, then such declared speed	5916
limit shall become effective only when appropriate signs giving	5917
notice thereof are erected at such location by the local	5918
authorities. The director may withdraw the declaration of a	5919
prima-facie speed limit whenever in the director's opinion the	5920
altered prima-facie speed becomes unreasonable. Upon such	5921
withdrawal, the declared prima-facie speed shall become	5922
ineffective and the signs relating thereto shall be immediately	5923
removed by the local authorities.	5924

(2) A local authority may determine on the basis of a	5925
geometric and traffic characteristic study that the speed limit of	5926
sixty-five miles per hour on a portion of a freeway under its	5927
jurisdiction that was established through the operation of	5928
division (L)(3) of this section is greater than is reasonable or	5929
safe under the conditions found to exist at that portion of the	5930
freeway. If the local authority makes such a determination, the	5931
local authority by resolution may request the director to	5932
determine and declare a reasonable and safe speed limit of not	5933
less than fifty-five miles per hour for that portion of the	5934
freeway. If the director takes such action, the declared speed	5935
limit becomes effective only when appropriate signs giving notice	5936
of it are erected at such location by the local authority.	5937

(J) Local authorities in their respective jurisdictions may	5938
authorize by ordinance higher prima-facie speeds than those stated	5939
in this section upon through highways, or upon highways or	5940
portions thereof where there are no intersections, or between	5941
widely spaced intersections, provided signs are erected giving	5942
notice of the authorized speed, but local authorities shall not	5943
modify or alter the basic rule set forth in division (A) of this	5944
section or in any event authorize by ordinance a speed in excess	5945
of fifty miles per hour.	5946

Alteration of prima-facie limits on state routes by local	5947
authorities shall not be effective until the alteration has been	5948
approved by the director. The director may withdraw approval of	5949
any altered prima-facie speed limits whenever in the director's	5950
opinion any altered prima-facie speed becomes unreasonable, and	5951
upon such withdrawal, the altered prima-facie speed shall become	5952
ineffective and the signs relating thereto shall be immediately	5953
removed by the local authorities.	5954

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	5955
section, "unimproved highway" means a highway consisting of any of	5956
the following:	5957

(a) Unimproved earth;

5958

(b) Unimproved graded and drained earth;

5959

5960

(2) Except as otherwise provided in divisions (K)(4) and (5)	5961
of this section, whenever a board of township trustees determines	5962
upon the basis of an engineering and traffic investigation that	5963
the speed permitted by division (B)(5) of this section on any part	5964
of an unimproved highway under its jurisdiction and in the	5965
unincorporated territory of the township is greater than is	5966
reasonable or safe under the conditions found to exist at the	5967
location, the board may by resolution declare a reasonable and	5968
safe prima-facie speed limit of fifty-five but not less than	5969
twenty-five miles per hour. An altered speed limit adopted by a	5970
board of township trustees under this division becomes effective	5971
when appropriate traffic control devices, as prescribed in section	5972
4511.11 of the Revised Code, giving notice thereof are erected at	5973
the location, which shall be no sooner than sixty days after	5974
adoption of the resolution.	5975

(3)(a) Whenever, in the opinion of a board of township	5976
trustees, any altered prima-facie speed limit established by the	5977
board under this division becomes unreasonable, the board may	5978
adopt a resolution withdrawing the altered prima-facie speed	5979
limit. Upon the adoption of such a resolution, the altered	5980
prima-facie speed limit becomes ineffective and the traffic	5981
control devices relating thereto shall be immediately removed.	5982

(b) Whenever a highway ceases to be an unimproved highway and	5983
the board has adopted an altered prima-facie speed limit pursuant	5984
to division (K)(2) of this section, the board shall, by	5985
resolution, withdraw the altered prima-facie speed limit as soon	5986
as the highway ceases to be unimproved. Upon the adoption of such	5987
a resolution, the altered prima-facie speed limit becomes	5988
ineffective and the traffic control devices relating thereto shall	5989
be immediately removed.	5990

(4)(a) If the boundary of two townships rests on the	5991
centerline of an unimproved highway in unincorporated territory	5992
and both townships have jurisdiction over the highway, neither of	5993
the boards of township trustees of such townships may declare an	5994
altered prima-facie speed limit pursuant to division (K)(2) of	5995
this section on the part of the highway under their joint	5996
jurisdiction unless the boards of township trustees of both of the	5997
townships determine, upon the basis of an engineering and traffic	5998
investigation, that the speed permitted by division (B)(5) of this	5999
section is greater than is reasonable or safe under the conditions	6000
found to exist at the location and both boards agree upon a	6001
reasonable and safe prima-facie speed limit of less than	6002
fifty-five but not less than twenty-five miles per hour for that	6003
location. If both boards so agree, each shall follow the procedure	6004
specified in division (K)(2) of this section for altering the	6005
prima-facie speed limit on the highway. Except as otherwise	6006
provided in division (K)(4)(b) of this section, no speed limit	6007
altered pursuant to division (K)(4)(a) of this section may be	6008
withdrawn unless the boards of township trustees of both townships	6009
determine that the altered prima-facie speed limit previously	6010
adopted becomes unreasonable and each board adopts a resolution	6011
withdrawing the altered prima-facie speed limit pursuant to the	6012
procedure specified in division (K)(3)(a) of this section.	6013

(b) Whenever a highway described in division (K)(4)(a) of	6014
this section ceases to be an unimproved highway and two boards of	6015
township trustees have adopted an altered prima-facie speed limit	6016
pursuant to division (K)(4)(a) of this section, both boards shall,	6017
by resolution, withdraw the altered prima-facie speed limit as	6018
soon as the highway ceases to be unimproved. Upon the adoption of	6019
the resolution, the altered prima-facie speed limit becomes	6020
ineffective and the traffic control devices relating thereto shall	6021
be immediately removed.	6022

(5) As used in division (K)(5) of this section:

6023

(a) "Commercial subdivision" means any platted territory	6024
outside the limits of a municipal corporation and fronting a	6025
highway where, for a distance of three hundred feet or more, the	6026
frontage is improved with buildings in use for commercial	6027
purposes, or where the entire length of the highway is less than	6028
three hundred feet long and the frontage is improved with	6029
buildings in use for commercial purposes.	6030

(b) "Residential subdivision" means any platted territory	6031
outside the limits of a municipal corporation and fronting a	6032
highway, where, for a distance of three hundred feet or more, the	6033
frontage is improved with residences or residences and buildings	6034
in use for business, or where the entire length of the highway is	6035
less than three hundred feet long and the frontage is improved	6036
with residences or residences and buildings in use for business.	6037

Whenever a board of township trustees finds upon the basis of	6038
an engineering and traffic investigation that the prima-facie	6039
speed permitted by division (B)(5) of this section on any part of	6040
a highway under its jurisdiction that is located in a commercial	6041
or residential subdivision, except on highways or portions thereof	6042
at the entrances to which vehicular traffic from the majority of	6043
intersecting highways is required to yield the right-of-way to	6044
vehicles on such highways in obedience to stop or yield signs or	6045
traffic control signals, is greater than is reasonable and safe	6046
under the conditions found to exist at the location, the board may	6047
by resolution declare a reasonable and safe prima-facie speed	6048
limit of less than fifty-five but not less than twenty-five miles	6049
per hour at the location. An altered speed limit adopted by a	6050
board of township trustees under this division shall become	6051
effective when appropriate signs giving notice thereof are erected	6052
at the location by the township. Whenever, in the opinion of a	6053
board of township trustees, any altered prima-facie speed limit	6054
established by it under this division becomes unreasonable, it may	6055
adopt a resolution withdrawing the altered prima-facie speed, and	6056
upon such withdrawal, the altered prima-facie speed shall become	6057
ineffective, and the signs relating thereto shall be immediately	6058
removed by the township.	6059

(L)(1) Within one hundred twenty days of February 29, 1996,	6060
the director of transportation, based upon a geometric and traffic	6061
characteristic study of a freeway that is part of the interstate	6062
system or that is not part of the interstate system, but is built	6063
to the standards and specifications that are applicable to	6064
freeways that are part of the interstate system, in consultation	6065
with the director of public safety and, if applicable, the local	6066
authority having jurisdiction over a portion of such freeway, may	6067
determine and declare that the speed limit of less than sixty-five	6068
miles per hour established on such freeway or portion of freeway	6069
either is reasonable and safe or is less than that which is	6070
reasonable and safe.	6071

(2) If the established speed limit for such a freeway or	6072
portion of freeway is determined to be less than that which is	6073
reasonable and safe, the director of transportation, in	6074
consultation with the director of public safety and, if	6075
applicable, the local authority having jurisdiction over the	6076
portion of freeway, shall determine and declare a reasonable and	6077
safe speed limit of not more than sixty-five miles per hour for	6078
that freeway or portion of freeway.	6079

The director of transportation or local authority having	6080
jurisdiction over the freeway or portion of freeway shall erect	6081
appropriate signs giving notice of the speed limit at such	6082
location within one hundred fifty days of February 29, 1996. Such	6083
speed limit becomes effective only when such signs are erected at	6084
the location.	6085

(3) If, within one hundred twenty days of February 29, 1996,	6086
the director of transportation does not make a determination and	6087
declaration of a reasonable and safe speed limit for a freeway or	6088
portion of freeway that is part of the interstate system or that	6089
is not part of the interstate system, but is built to the	6090
standards and specifications that are applicable to freeways that	6091
are part of the interstate system and that has a speed limit of	6092
less than sixty-five miles per hour, the speed limit on that	6093
freeway or portion of a freeway shall be sixty-five miles per	6094
hour. The director of transportation or local authority having	6095
jurisdiction over the freeway or portion of the freeway shall	6096
erect appropriate signs giving notice of the speed limit of	6097
sixty-five miles per hour at such location within one hundred	6098
fifty days of February 29, 1996. Such speed limit becomes	6099
effective only when such signs are erected at the location. A	6100
speed limit established through the operation of division (L)(3)	6101
of this section is subject to reduction under division (I)(2) of	6102
this section.	6103

(M) Within three hundred sixty days after February 29, 1996,	6104
the director of transportation, based upon a geometric and traffic	6105
characteristic study of a rural, divided, multi-lane highway that	6106
has been designated as part of the national highway system under	6107
the "National Highway System Designation Act of 1995," 109 Stat.	6108
568, 23 U.S.C.A. 103, in consultation with the director of public	6109
safety and, if applicable, the local authority having jurisdiction	6110
over a portion of the highway, may determine and declare that the	6111
speed limit of less than sixty-five miles per hour established on	6112
the highway or portion of highway either is reasonable and safe or	6113
is less than that which is reasonable and safe.	6114

If the established speed limit for the highway or portion of	6115
highway is determined to be less than that which is reasonable and	6116
safe, the director of transportation, in consultation with the	6117
director of public safety and, if applicable, the local authority	6118
having jurisdiction over the portion of highway, shall determine	6119
and declare a reasonable and safe speed limit of not more than	6120
sixty-five miles per hour for that highway or portion of highway.	6121
The director of transportation or local authority having	6122
jurisdiction over the highway or portion of highway shall erect	6123
appropriate signs giving notice of the speed limit at such	6124
location within three hundred ninety days after February 29, 1996.	6125
The speed limit becomes effective only when such signs are erected	6126
at the location.	6127

(N)(1)(a) If the boundary of two local authorities rests on	6128
the centerline of a highway and both authorities have jurisdiction	6129
over the highway, the speed limit for the part of the highway	6130
within their joint jurisdiction shall be either one of the	6131
following as agreed to by both authorities:	6132

(i) Either prima-facie speed limit permitted by division (B)	6133
of this section;	6134

(ii) An altered speed limit determined and posted in	6135
accordance with this section.	6136

(b) If the local authorities are unable to reach an	6137
agreement, the speed limit shall remain as established and posted	6138
under this section.	6139

(2) Neither local authority may declare an altered	6140
prima-facie speed limit pursuant to this section on the part of	6141
the highway under their joint jurisdiction unless both of the	6142
local authorities determine, upon the basis of an engineering and	6143
traffic investigation, that the speed permitted by this section is	6144
greater than is reasonable or safe under the conditions found to	6145
exist at the location and both authorities agree upon a uniform	6146
reasonable and safe prima-facie speed limit of less than	6147
fifty-five but not less than twenty-five miles per hour for that	6148
location. If both authorities so agree, each shall follow the	6149
procedure specified in this section for altering the prima-facie	6150
speed limit on the highway, and the speed limit for the part of	6151
the highway within their joint jurisdiction shall be uniformly	6152
altered. No altered speed limit may be withdrawn unless both local	6153
authorities determine that the altered prima-facie speed limit	6154
previously adopted becomes unreasonable and each adopts a	6155
resolution withdrawing the altered prima-facie speed limit	6156
pursuant to the procedure specified in this section.	6157

(O) As used in this section:

6158

(1) "Interstate system" has the same meaning as in 23	6159
U.S.C.A. 101.	6160

(2) "Commercial bus" means a motor vehicle designed for	6161
carrying more than nine passengers and used for the transportation	6162
of persons for compensation.	6163

(3) "Noncommercial bus" includes but is not limited to a	6164
school bus or a motor vehicle operated solely for the	6165
transportation of persons associated with a charitable or	6166
nonprofit organization.	6167

(4) "Outerbelt" means a portion of a freeway that is part of	6168
the interstate system and is located in the outer vicinity of a	6169
major municipal corporation or group of municipal corporations, as	6170
designated by the director.	6171

(P)(1) A violation of any provision of this section is one of	6172
the following:	6173

(a) Except as otherwise provided in divisions (P)(1)(b),	6174
(1)(c), (2), and (3) of this section, a minor misdemeanor;	6175

(b) If, within one year of the offense, the offender	6176
previously has been convicted of or pleaded guilty to two	6177
violations of any provision of this section or of any provision of	6178
a municipal ordinance that is substantially similar to any	6179
provision of this section, a misdemeanor of the fourth degree;	6180

(c) If, within one year of the offense, the offender	6181
previously has been convicted of or pleaded guilty to three or	6182
more violations of any provision of this section or of any	6183
provision of a municipal ordinance that is substantially similar	6184
to any provision of this section, a misdemeanor of the third	6185
degree.	6186

(2) If the offender has not previously been convicted of or	6187
pleaded guilty to a violation of any provision of this section or	6188
of any provision of a municipal ordinance that is substantially	6189
similar to this section and operated a motor vehicle faster than	6190
thirty-five miles an hour in a business district of a municipal	6191
corporation, faster than fifty miles an hour in other portions of	6192
a municipal corporation, or faster than thirty-five miles an hour	6193
in a school zone during recess or while children are going to or	6194
leaving school during the school's opening or closing hours, a	6195
misdemeanor of the fourth degree.	6196

(3) Notwithstanding division (P)(1) of this section, if the	6197
offender operated a motor vehicle in a construction zone where a	6198
sign was then posted in accordance with section 4511.98 of the	6199
Revised Code, the court, in addition to all other penalties	6200
provided by law, shall impose upon the offender a fine of two	6201
times the usual amount imposed for the violation. No court shall	6202
impose a fine of two times the usual amount imposed for the	6203
violation upon an offender if the offender alleges, in an	6204
affidavit filed with the court prior to the offender's sentencing,	6205
that the offender is indigent and is unable to pay the fine	6206
imposed pursuant to this division and if the court determines that	6207
the offender is an indigent person and unable to pay the fine.	6208

Sec. 4511.61. (A) As used in this section, "active grade	6209
crossing warning device" has the same meaning as in section	6210
5733.43 of the Revised Code.	6211

(B) The department of transportation and local authorities in	6212
their respective jurisdictions, with the approval of the	6213
department, may designate dangerous highway crossings over	6214
railroad tracks whether on state, county, or township highways or	6215
on streets or ways within municipal corporations, and erect stop	6216
signs thereat. ~~When such~~	6217

(C)(1) The department and local authorities shall erect stop	6218
signs at a railroad highway grade crossing in either of the	6219
following circumstances:	6220

(a) New warning devices that are not active grade crossing	6221
warning devices are being installed at the grade crossing, and	6222
railroad crossbucks were the only warning devices at the grade	6223
crossing prior to the installation of the new warning devices.	6224

(b) The grade crossing is constructed after the effective	6225
date of this amendment and only warning devices that are not	6226
active grade crossing warning devices are installed at the grade	6227
crossing.	6228

(2) Division (C)(1) of this section does not apply to a	6229
railroad highway grade crossing that the director of	6230
transportation has exempted from that division because of traffic	6231
flow or other considerations or factors.	6232

(D) When stop signs are erected pursuant to division (B) or	6233
(C) of this section, the operator of any vehicle, streetcar, or	6234
trackless trolley shall stop within fifty, but not less than	6235
fifteen, feet from the nearest rail of the railroad tracks and	6236
shall exercise due care before proceeding across such grade	6237
crossing.	6238

~~(B)~~(E) Except as otherwise provided in this division, whoever	6239
violates division (D) of this section is guilty of a minor	6240
misdemeanor. If, within one year of the offense, the offender	6241
previously has been convicted of or pleaded guilty to one	6242
predicate motor vehicle or traffic offense, whoever violates this	6243
section is guilty of a misdemeanor of the fourth degree. If,	6244
within one year of the offense, the offender previously has been	6245
convicted of two or more predicate motor vehicle or traffic	6246
offenses, whoever violates this section is guilty of a misdemeanor	6247
of the third degree.	6248

Sec. 4513.263. (A) As used in this section and in section	6249
4513.99 of the Revised Code:	6250

(1) "Automobile" means any commercial tractor, passenger car,	6251
commercial car, or truck that is required to be factory-equipped	6252
with an occupant restraining device for the operator or any	6253
passenger by regulations adopted by the United States secretary of	6254
transportation pursuant to the "National Traffic and Motor Vehicle	6255
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	6256

(2) "Occupant restraining device" means a seat safety belt,	6257
shoulder belt, harness, or other safety device for restraining a	6258
person who is an operator of or passenger in an automobile and	6259
that satisfies the minimum federal vehicle safety standards	6260
established by the United States department of transportation.	6261

(3) "Passenger" means any person in an automobile, other than	6262
its operator, who is occupying a seating position for which an	6263
occupant restraining device is provided.	6264

(4) "Commercial tractor," "passenger car," and "commercial	6265
car" have the same meanings as in section 4501.01 of the Revised	6266
Code.	6267

(5) "Vehicle" and "motor vehicle," as used in the definitions	6268
of the terms set forth in division (A)(4) of this section, have	6269
the same meanings as in section 4511.01 of the Revised Code.	6270

(6) "Tort action" means a civil action for damages for	6271
injury, death, or loss to person or property. "Tort action"	6272
includes a product liability claim, as defined in section 2307.71	6273
of the Revised Code, and an asbestos claim, as defined in section	6274
2307.91 of the Revised Code, but does not include a civil action	6275
for damages for breach of contract or another agreement between	6276
persons.	6277

(B) No person shall do any of the following:

6278

(1) Operate an automobile on any street or highway unless	6279
that person is wearing all of the available elements of a properly	6280
adjusted occupant restraining device, or operate a school bus that	6281
has an occupant restraining device installed for use in its	6282
operator's seat unless that person is wearing all of the available	6283
elements of the device, as properly adjusted;	6284

(2) Operate an automobile on any street or highway unless	6285
each passenger in the automobile who is subject to the requirement	6286
set forth in division (B)(3) of this section is wearing all of the	6287
available elements of a properly adjusted occupant restraining	6288
device;	6289

(3) Occupy, as a passenger, a seating position on the front	6290
seat of an automobile being operated on any street or highway	6291
unless that person is wearing all of the available elements of a	6292
properly adjusted occupant restraining device;	6293

(4) Operate a taxicab on any street or highway unless all	6294
factory-equipped occupant restraining devices in the taxicab are	6295
maintained in usable form.	6296

(C) Division (B)(3) of this section does not apply to a	6297
person who is required by section 4511.81 of the Revised Code to	6298
be secured in a child restraint device or booster seat. Division	6299
(B)(1) of this section does not apply to a person who is an	6300
employee of the United States postal service or of a newspaper	6301
home delivery service, during any period in which the person is	6302
engaged in the operation of an automobile to deliver mail or	6303
newspapers to addressees. Divisions (B)(1) and (3) of this section	6304
do not apply to a person who has an affidavit signed by a	6305
physician licensed to practice in this state under Chapter 4731.	6306
of the Revised Code or a chiropractor licensed to practice in this	6307
state under Chapter 4734. of the Revised Code that states that the	6308
person has a physical impairment that makes use of an occupant	6309
restraining device impossible or impractical.	6310

(D) Notwithstanding any provision of law to the contrary, no	6311
law enforcement officer shall cause an operator of an automobile	6312
being operated on any street or highway to stop the automobile for	6313
the sole purpose of determining whether a violation of division	6314
(B) of this section has been or is being committed or for the sole	6315
purpose of issuing a ticket, citation, or summons for a violation	6316
of that nature or causing the arrest of or commencing a	6317
prosecution of a person for a violation of that nature, and no law	6318
enforcement officer shall view the interior or visually inspect	6319
any automobile being operated on any street or highway for the	6320
sole purpose of determining whether a violation of that nature has	6321
been or is being committed.	6322

(E) All fines collected for violations of division (B) of	6323
this section, or for violations of any ordinance or resolution of	6324
a political subdivision that is substantively comparable to that	6325
division, shall be forwarded to the treasurer of state for deposit	6326
into the state treasury to the credit of the trauma and emergency	6327
medical services fund, which is hereby created. In addition, sixty	6328
cents of each fee collected under sections 4501.34, 4503.26,	6329
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	6330
specified in those sections, plus the portion of the driver's	6331
license reinstatement fee described in division (F)(2)(g) of	6332
section 4511.191 of the Revised Code, plus all fees collected	6333
under section 4765.11 of the Revised Code, plus all fines imposed	6334
under section 4765.55 of the Revised Code, plus the fees and other	6335
moneys specified in section 4766.05 of the Revised Code, and plus	6336
five per cent of fines and moneys arising from bail forfeitures as	6337
directed by section 5503.04 of the Revised Code, also shall be	6338
deposited into the trauma and emergency medical services fund. All	6339
money deposited into the trauma and emergency medical services	6340
fund shall be used by the department of public safety for the	6341
administration and operation of the division of emergency medical	6342
services and the state board of emergency medical, fire, and	6343
transportation services, and by the state board of emergency	6344
medical, fire, and transportation services to make grants, in	6345
accordance with section 4765.07 of the Revised Code and rules the	6346
board adopts under section 4765.11 of the Revised Code. The	6347
director of budget and management may transfer excess money from	6348
the trauma and emergency medical services fund to the state	6349
highway safety fund if the director of public safety determines	6350
that the amount of money in the trauma and emergency medical	6351
services fund exceeds the amount required to cover such costs	6352
incurred by the emergency medical services agency and the grants	6353
made by the state board of emergency medical, fire, and	6354
transportation services and requests the director of budget and	6355
management to make the transfer.	6356

(F)(1) Subject to division (F)(2) of this section, the	6357
failure of a person to wear all of the available elements of a	6358
properly adjusted occupant restraining device in violation of	6359
division (B)(1) or (3) of this section or the failure of a person	6360
to ensure that each minor who is a passenger of an automobile	6361
being operated by that person is wearing all of the available	6362
elements of a properly adjusted occupant restraining device in	6363
violation of division (B)(2) of this section shall not be	6364
considered or used by the trier of fact in a tort action as	6365
evidence of negligence or contributory negligence. But, the trier	6366
of fact may determine based on evidence admitted consistent with	6367
the Ohio Rules of Evidence that the failure contributed to the	6368
harm alleged in the tort action and may diminish a recovery of	6369
compensatory damages that represents noneconomic loss, as defined	6370
in section 2307.011 of the Revised Code, in a tort action that	6371
could have been recovered but for the plaintiff's failure to wear	6372
all of the available elements of a properly adjusted occupant	6373
restraining device. Evidence of that failure shall not be used as	6374
a basis for a criminal prosecution of the person other than a	6375
prosecution for a violation of this section; and shall not be	6376
admissible as evidence in a criminal action involving the person	6377
other than a prosecution for a violation of this section.	6378

(2) If, at the time of an accident involving a passenger car	6379
equipped with occupant restraining devices, any occupant of the	6380
passenger car who sustained injury or death was not wearing an	6381
available occupant restraining device, was not wearing all of the	6382
available elements of such a device, or was not wearing such a	6383
device as properly adjusted, then, consistent with the Rules of	6384
Evidence, the fact that the occupant was not wearing the available	6385
occupant restraining device, was not wearing all of the available	6386
elements of such a device, or was not wearing such a device as	6387
properly adjusted is admissible in evidence in relation to any	6388
claim for relief in a tort action to the extent that the claim for	6389
relief satisfies all of the following:	6390

(a) It seeks to recover damages for injury or death to the	6391
occupant.	6392

(b) The defendant in question is the manufacturer, designer,	6393
distributor, or seller of the passenger car.	6394

(c) The claim for relief against the defendant in question is	6395
that the injury or death sustained by the occupant was enhanced or	6396
aggravated by some design defect in the passenger car or that the	6397
passenger car was not crashworthy.	6398

(G)(1) Whoever violates division (B)(1) of this section shall	6399
be fined thirty dollars.	6400

(2) Whoever violates division (B)(3) of this section shall be	6401
fined twenty dollars.	6402

(3) Except as otherwise provided in this division, whoever	6403
violates division (B)(4) of this section is guilty of a minor	6404
misdemeanor. If the offender previously has been convicted of or	6405
pleaded guilty to a violation of division (B)(4) of this section,	6406
whoever violates division (B)(4) of this section is guilty of a	6407
misdemeanor of the third degree.	6408

Sec. 4513.34. (A)(1) The director of transportation with	6409
respect to all highways that are a part of the state highway	6410
system and local authorities with respect to highways under their	6411
jurisdiction, upon application in writing, shall issue a special	6412
regional heavy hauling permit authorizing the applicant to operate	6413
or move a vehicle or combination of vehicles as follows:	6414

(a) At a size or weight of vehicle or load exceeding the	6415
maximum specified in sections 5577.01 to 5577.09 of the Revised	6416
Code, or otherwise not in conformity with sections 4513.01 to	6417
4513.37 of the Revised Code;	6418

(b) Upon any highway under the jurisdiction of the authority	6419
granting the permit except those highways with a condition	6420
insufficient to bear the weight of the vehicle or combination of	6421
vehicles as stated in the application;	6422

(c) For regional trips at distances of one hundred fifty	6423
miles or less from a facility stated on the application as the	6424
applicant's point of origin.	6425

Issuance of a special regional heavy hauling permit is	6426
subject to the payment of a fee established by the director or	6427
local authority in accordance with this section.	6428

(2) In circumstances where a person is not eligible to	6429
receive a permit under division (A)(1) of this section, the	6430
director of transportation with respect to all highways that are a	6431
part of the state highway system and local authorities with	6432
respect to highways under their jurisdiction, upon application in	6433
writing and for good cause shown, may issue a special permit in	6434
writing authorizing the applicant to operate or move a vehicle or	6435
combination of vehicles of a size or weight of vehicle or load	6436
exceeding the maximum specified in sections 5577.01 to 5577.09 of	6437
the Revised Code, or otherwise not in conformity with sections	6438
4513.01 to 4513.37 of the Revised Code, upon any highway under the	6439
jurisdiction of the authority granting the permit.	6440

(3) For purposes of this section, the director may designate	6441
certain state highways or portions of state highways as special	6442
economic development highways. If an application submitted to the	6443
director under this section involves travel of a nonconforming	6444
vehicle or combination of vehicles upon a special economic	6445
development highway, the director, in determining whether good	6446
cause has been shown that issuance of a permit is justified, shall	6447
consider the effect the travel of the vehicle or combination of	6448
vehicles will have on the economic development in the area in	6449
which the designated highway or portion of highway is located.	6450

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	6451
Code, the holder of a ~~special~~ permit issued by the director under	6452
this section may move the vehicle or combination of vehicles	6453
described in the ~~special~~ permit on any highway that is a part of	6454
the state highway system when the movement is partly within and	6455
partly without the corporate limits of a municipal corporation. No	6456
local authority shall require any other permit or license or	6457
charge any license fee or other charge against the holder of a	6458
permit for the movement of a vehicle or combination of vehicles on	6459
any highway that is a part of the state highway system. The	6460
director shall not require the holder of a permit issued by a	6461
local authority to obtain a special permit for the movement of	6462
vehicles or combination of vehicles on highways within the	6463
jurisdiction of the local authority. Permits may be issued for any	6464
period of time not to exceed one year, as the director in the	6465
director's discretion or a local authority in its discretion	6466
determines advisable, or for the duration of any public	6467
construction project.	6468

(C)(1) The application for a permit issued under this section	6469
shall be in the form that the director or local authority	6470
prescribes. The director or local authority may prescribe a permit	6471
fee to be imposed and collected when any permit described in this	6472
section is issued. The permit fee may be in an amount sufficient	6473
to reimburse the director or local authority for the	6474
administrative costs incurred in issuing the permit, and also to	6475
cover the cost of the normal and expected damage caused to the	6476
roadway or a street or highway structure as the result of the	6477
operation of the nonconforming vehicle or combination of vehicles.	6478
The director, in accordance with Chapter 119. of the Revised Code,	6479
shall establish a schedule of fees for permits issued by the	6480
director under this section; however, the fee to operate a triple	6481
trailer unit, at locations authorized under federal law, shall be	6482
one hundred dollars.	6483

(2) For the purposes of this section and of rules adopted by	6484
the director under this section, milk transported in bulk by	6485
vehicle is deemed a nondivisible load.	6486

(D) The director or a local authority shall issue a special	6487
regional heavy hauling permit under division (A)(1) of this	6488
section upon application and payment of the applicable fee.	6489
However, the director or local authority may issue or withhold a	6490
special permit specified in division (A)(2) of this section. If a	6491
permit is to be issued, the director or local authority may limit	6492
or prescribe conditions of operation for the vehicle and may	6493
require the posting of a bond or other security conditioned upon	6494
the sufficiency of the permit fee to compensate for damage caused	6495
to the roadway or a street or highway structure. In addition, a	6496
local authority, as a condition of issuance of an overweight	6497
permit, may require the applicant to develop and enter into a	6498
mutual agreement with the local authority to compensate for or to	6499
repair excess damage caused to the roadway by travel under the	6500
permit.	6501

For a permit that will allow travel of a nonconforming	6502
vehicle or combination of vehicles on a special economic	6503
development highway, the director, as a condition of issuance, may	6504
require the applicant to agree to make periodic payments to the	6505
department to compensate for damage caused to the roadway by	6506
travel under the permit.	6507

(E) Every permit issued under this section shall be carried	6508
in the vehicle or combination of vehicles to which it refers and	6509
shall be open to inspection by any police officer or authorized	6510
agent of any authority granting the permit. No person shall	6511
violate any of the terms of a permit.	6512

(F) The director may debar an applicant from applying for a	6513
~~special~~ permit under this section upon a finding based on a	6514
reasonable belief that the applicant has done any of the	6515
following:	6516

(1) Abused the process by repeatedly submitting false	6517
information or false travel plans or by using another company or	6518
individual's name, insurance, or escrow account without proper	6519
authorization;	6520

(2) Failed to comply with or substantially perform under a	6521
previously issued ~~special~~ permit according to its terms,	6522
conditions, and specifications within specified time limits;	6523

(3) Failed to cooperate in the application process for the	6524
~~special~~ permit or in any other procedures that are related to the	6525
issuance of the ~~special~~ permit by refusing to provide information	6526
or documents required in a permit or by failing to respond to and	6527
correct matters related to the ~~special~~ permit;	6528

(4) Accumulated repeated justified complaints regarding	6529
performance under a ~~special~~ permit that was previously issued to	6530
the applicant or previously failed to obtain a ~~special~~ permit when	6531
such a permit was required;	6532

(5) Attempted to influence a public employee to breach	6533
ethical conduct standards;	6534

(6) Been convicted of a criminal offense related to the	6535
application for, or performance under, a ~~special~~ permit,	6536
including, but not limited to, bribery, falsification, fraud or	6537
destruction of records, receiving stolen property, and any other	6538
offense that directly reflects on the applicant's integrity or	6539
commercial driver's license;	6540

(7) Accumulated repeated convictions under a state or federal	6541
safety law governing commercial motor vehicles or a rule or	6542
regulation adopted under such a law;	6543

(8) Accumulated repeated convictions under a law, rule, or	6544
regulation governing the movement of traffic over the public	6545
streets and highways;	6546

(9) Failed to pay any fees associated with any permitted	6547
operation or move;	6548

(10) Deliberately or willfully submitted false or misleading	6549
information in connection with the application for, or performance	6550
under, a ~~special~~ permit issued under this section.	6551

If the applicant is a partnership, association, or	6552
corporation, the director also may debar from consideration for	6553
~~special~~ permits any partner of the partnership, or the officers,	6554
directors, or employees of the association or corporation being	6555
debarred.	6556

The director may adopt rules in accordance with Chapter 119.	6557
of the Revised Code governing the debarment of an applicant.	6558

(G) When the director reasonably believes that grounds for	6559
debarment exist, the director shall send the person that is	6560
subject to debarment a notice of the proposed debarment. A notice	6561
of proposed debarment shall indicate the grounds for the debarment	6562
of the person and the procedure for requesting a hearing. The	6563
notice and hearing shall be in accordance with Chapter 119. of the	6564
Revised Code. If the person does not respond with a request for a	6565
hearing in the manner specified in that chapter, the director	6566
shall issue the debarment decision without a hearing and shall	6567
notify the person of the decision by certified mail, return	6568
receipt requested. The debarment period may be of any length	6569
determined by the director, and the director may modify or rescind	6570
the debarment at any time. During the period of debarment, the	6571
director shall not issue, or consider issuing, a ~~special~~ permit	6572
under this section to any partnership, association, or corporation	6573
that is affiliated with a debarred person. After the debarment	6574
period expires, the person, and any partnership, association, or	6575
corporation affiliated with the person, may reapply for a ~~special~~	6576
permit.	6577

(H)(1) No person shall violate the terms of a permit issued	6578
under this section that relate to gross load limits.	6579

(2) No person shall violate the terms of a permit issued	6580
under this section that relate to axle load by more than two	6581
thousand pounds per axle or group of axles.	6582

(3) No person shall violate the terms of a permit issued	6583
under this section that relate to an approved route except upon	6584
order of a law enforcement officer.	6585

(I) Whoever violates division (H) of this section shall be	6586
punished as provided in section 4513.99 of the Revised Code.	6587

(J) A permit issued by the department of transportation or a	6588
local authority under this section for the operation of a vehicle	6589
or combination of vehicles is valid for the purposes of the	6590
vehicle operation in accordance with the conditions and	6591
limitations specified on the permit. Such a permit is voidable by	6592
law enforcement only for operation of a vehicle or combination of	6593
vehicles in violation of the weight, dimension, or route	6594
provisions of the permit. However, a permit is not voidable for	6595
operation in violation of a route provision of a permit if the	6596
operation is upon the order of a law enforcement officer.	6597

Sec. 4513.53. (A) The superintendent of the state highway	6598
patrol, with approval of the director of public safety, may	6599
appoint and maintain necessary staff to carry out the inspection	6600
of buses.	6601

(B) The superintendent of the state highway patrol shall	6602
adopt a distinctive annual safety inspection decal bearing the	6603
date of inspection. The state highway patrol may remove any decal	6604
from a bus that fails any inspection.	6605

(C) ~~Fees~~Bus inspection fees collected by the state highway	6606
patrol under section 4513.52 of the Revised Code shall be paid	6607
into the state treasury to the credit of the ~~general revenue fund.~~	6608
~~Annually by the first day of June, the director of public safety~~	6609
~~shall determine the amount of fees collected under section 4513.52~~	6610
~~of the Revised Code and shall certify the amount to the director~~	6611
~~of budget and management for reimbursement. The director of budget~~	6612
~~and management then may transfer cash up to the amount certified~~	6613
~~from the general revenue fund to the~~ state highway safety fund	6614
created in section 4501.06 of the Revised Code.	6615

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	6616
highway, public street, or other property open to the public for	6617
purposes of vehicular travel and if any motor vehicle, cargo, or	6618
personal property that has been damaged or spilled as a result of	6619
the motor vehicle accident is blocking the highway, street, or	6620
other property or is otherwise endangering public safety, the	6621
sheriff of the county, or the chief of police of the municipal	6622
corporation, township, or township or joint police district, in	6623
which the accident occurred, a state highway patrol trooper, or	6624
the chief of the fire department having jurisdiction where the	6625
accident occurred ~~may~~, or a duly authorized subordinate acting on	6626
behalf of an official specified above, without consent of the	6627
owner but with the approval of the law enforcement agency	6628
conducting any investigation of the accident, may remove the motor	6629
vehicle if the motor vehicle is unoccupied, cargo, or personal	6630
property from the portion of the highway, public street, or	6631
property ordinarily used for vehicular travel on the highway,	6632
public street, or other property open to the public for purposes	6633
of vehicular travel.	6634

(B)(1) Except as provided in division (B)(2) or (3) of this	6635
section, no employee of the department of transportation, sheriff,	6636
deputy sheriff, chief of police or police officer of a municipal	6637
corporation, township, or township or joint police district, state	6638
highway patrol trooper, chief of a fire department, or fire	6639
fighter, or a duly authorized subordinate acting on behalf of such	6640
an official who authorizes or participates in the removal of any	6641
unoccupied motor vehicle, cargo, or personal property as	6642
authorized by division (A) of this section is liable in civil	6643
damages for any injury, death, or loss to person or property that	6644
results from the removal of that unoccupied motor vehicle, cargo,	6645
or personal property. Except as provided in division (B)(2) or (3)	6646
of this section, if the department of transportation or a sheriff,	6647
chief of police of a municipal corporation, township, or township	6648
or joint police district, head of the state highway patrol, or	6649
chief of a fire department, or a duly authorized subordinate	6650
acting on behalf of such an official authorizes, employs, or	6651
arranges to have a private tow truck operator or towing company	6652
remove any unoccupied motor vehicle, cargo, or personal property	6653
as authorized by division (A) of this section, that private tow	6654
truck operator or towing company is not liable in civil damages	6655
for any injury, death, or loss to person or property that results	6656
from the removal of that unoccupied motor vehicle, cargo, or	6657
personal property~~, and~~. Further, the department of transportation,	6658
sheriff, chief of police, head of the state highway patrol, or	6659
fire department chief, or a duly authorized subordinate acting on	6660
behalf of such an official is not liable in civil damages for any	6661
injury, death, or loss to person or property that results from the	6662
private tow truck operator or towing company's removal of that	6663
unoccupied motor vehicle, cargo, or personal property.	6664

(2) Division (B)(1) of this section does not apply to any	6665
person or entity involved in the removal of an unoccupied motor	6666
vehicle, cargo, or personal property pursuant to division (A) of	6667
this section if that removal causes or contributes to the release	6668
of a hazardous material or to structural damage to the roadway.	6669

(3) Division (B)(1) of this section does not apply to a	6670
private tow truck operator or towing company that was not	6671
authorized, employed, or arranged by the department of	6672
transportation, a sheriff, a chief of police of a municipal	6673
corporation, township, or township or joint police district, the	6674
head of the state highway patrol, or a chief of a fire department,	6675
or a duly authorized subordinate acting on behalf of such an	6676
official or to a private tow truck operator or towing company that	6677
was authorized, employed, or arranged by the department of	6678
transportation, a sheriff, a chief of police of a municipal	6679
corporation, township, or township or joint police district, the	6680
head of the state highway patrol, or a chief of a fire department,	6681
or a duly authorized subordinate acting on behalf of such an	6682
official to perform the removal of the unoccupied motor vehicle,	6683
cargo, or personal property and the private tow truck operator or	6684
towing company performed the removal in a reckless or willful	6685
manner.	6686

(C) As used in this section, "hazardous material" has the	6687
same meaning as in section 2305.232 of the Revised Code.	6688

Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03 to	6689
4517.45 of the Revised Code do not apply to a person auctioning	6690
classic motor vehicles, provided all of the following apply:	6691

(1) The person is responsible for not more than ~~two~~four	6692
auctions of classic motor vehicles per year, with no auction	6693
lasting more than two days;	6694

(2) The person requests and receives permission for the	6695
auction from the registrar of motor vehicles by filing an	6696
application for each proposed auction of classic motor vehicles,	6697
at least thirty days before the auction, in a form prescribed by	6698
the registrar, signed and sworn to by the person, that contains	6699
all of the following:	6700

(a) The person's name and business address;

6701

(b) The location of the auction;

6702

(c) Evidence, sufficient to satisfy the registrar, that the	6703
person does not exclusively sell motor vehicles;	6704

(d) Any necessary, reasonable, and relevant information that	6705
the registrar may require to verify compliance with this section.	6706

(3) The person will be auctioning the classic motor vehicle	6707
to the general public for the legal owner of the vehicle, which	6708
ownership must be evidenced at the time of the auction by a valid	6709
certificate of title issued pursuant to Chapter 4505. of the	6710
Revised Code;	6711

(4) The person keeps a record of the following information	6712
for each classic motor vehicle offered for sale at auction, in a	6713
manner prescribed by the registrar:	6714

(a) The certificate of title number, county, and state of	6715
registration;	6716

(b) The year, make, model, and vehicle identification number;

6717

(c) The name and address of the person offering the vehicle	6718
for sale;	6719

(d) The name and address of any vehicle purchaser;

6720

(e) The date the vehicle is offered for sale;

6721

(f) Any purchase price;

6722

(g) The odometer reading at the time of the auction and an	6723
odometer statement from the person offering the vehicle for sale	6724
at auction that complies with 49 U.S.C. 32705.	6725

(5) The person allows reasonable inspection by the registrar	6726
of the person's records relating to each classic motor vehicle	6727
auction.	6728

(B) Any person that auctions classic motor vehicles under	6729
this section shall use the auction services of an auction firm to	6730
conduct the auction.	6731

(C) The registrar may refuse permission to hold an auction if	6732
the registrar finds that the person has not complied with division	6733
(A) of this section or has made a false statement of a material	6734
fact in the application filed under division (A)(2) of this	6735
section.	6736

(D) The registrar shall not authorize a person licensed under	6737
section 4707.072 of the Revised Code to offer auction services or	6738
act as an auctioneer in regard to an auction of classic motor	6739
vehicles pursuant to this section.	6740

(E) As used in this section:

6741

(1) "Auction firm" and "auction services" have the same	6742
meanings as in section 4707.01 of the Revised Code.	6743

(2) "Classic motor vehicle" means a motor vehicle that is	6744
over twenty-six years old.	6745

Sec. 4561.01. As used in sections 4561.01 to ~~4561.151~~	6746
4561.25 of the Revised Code:	6747

(A) "Aviation" means transportation by aircraft; operation of	6748
aircraft; the establishment, operation, maintenance, repair, and	6749
improvement of airports, landing fields, and other air navigation	6750
facilities; and all other activities connected therewith or	6751
incidental thereto.	6752

(B) "Aircraft" means any contrivance used or designed for	6753
navigation or flight in the air, excepting a parachute or other	6754
contrivance for such navigation used primarily as safety	6755
equipment.	6756

(C) "Airport" means any location either on land or water	6757
which is used for the landing and taking off of aircraft.	6758

(D) "Landing field" means any location either on land or	6759
water of such size and nature as to permit the landing or taking	6760
off of aircraft with safety, and used for that purpose but not	6761
equipped to provide for the shelter, supply, or care of aircraft.	6762

(E) "Air navigation facility" means any facility used,	6763
available for use, or designed for use in aid of navigation of	6764
aircraft, including airports, landing fields, facilities for the	6765
servicing of aircraft or for the comfort and accommodation of air	6766
travelers, and any structures, mechanisms, lights, beacons, marks,	6767
communicating systems, or other instrumentalities or devices used	6768
or useful as an aid to the safe taking off, navigation, and	6769
landing of aircraft, or to the safe and efficient operation or	6770
maintenance of an airport or landing field, and any combination of	6771
such facilities.	6772

(F) "Air navigation hazard" means any structure, object of	6773
natural growth, or use of land, that obstructs the air space	6774
required for the flight of aircraft in landing or taking off at	6775
any airport or landing field, or that otherwise is hazardous to	6776
such landing or taking off.	6777

(G) "Air navigation," "navigation of aircraft," or "navigate	6778
aircraft" means the operation of aircraft in the air space over	6779
this state.	6780

(H) "~~Airman~~Airperson" means any individual who, as the	6781
person in command, or as pilot, mechanic, or member of the crew,	6782
engages in the navigation of aircraft.	6783

(I) "Airway" means a route in the air space over and above	6784
the lands or waters of this state, designated by the Ohio aviation	6785
board as a route suitable for the navigation of aircraft.	6786

(J) "Person" means any individual, firm, partnership,	6787
corporation, company, association, joint stock association, or	6788
body politic, and includes any trustee, receiver, assignee, or	6789
other similar representative thereof.	6790

(K) "Government agency" means a state agency, state	6791
institution of higher education, regional port authority, or any	6792
other political subdivision of the state, or the federal	6793
government or other states.	6794

Sec. 4561.06. The department of transportation shall	6795
encourage the development of aviation and the promotion of	6796
aviation education and research within this state as, in its	6797
judgment, may best serve the public interest.	6798

The department may furnish engineering or other technical	6799
counsel and services, with or without charge therefor, to any	6800
appropriate government agency ~~of any county or municipal~~	6801
~~corporation of the state~~ desiring such counsel or services in	6802
connection with any question or problem concerning the need for,	6803
or the location, construction, maintenance, or operation of	6804
airports, landing fields, or other air navigation facilities in	6805
~~the county or municipal corporation~~.	6806

The department shall be the official representative of this	6807
state in all civil actions, matters, or proceedings pertaining to	6808
aviation in which this state is a party or has an interest.	6809

The department may investigate, and may cooperate with any	6810
other appropriate ~~governmental~~government agency in the	6811
investigation of, any accident occurring in this state in	6812
connection with aviation. It may issue an order to preserve,	6813
protect, or prevent the removal of any aircraft or air navigation	6814
facility involved in an accident being so investigated until the	6815
investigation is completed. The chief executive officer or any law	6816
enforcement officer of this state or any political subdivision in	6817
which an accident occurred shall assist the department in	6818
enforcing such an order when called upon to do so.	6819

The department, in connection with any investigation it is	6820
authorized to conduct, or in connection with any matter it is	6821
required to consider and determine, may conduct hearings thereon.	6822
All such hearings shall be open to the public. The administrator	6823
of the office of aviation or those employees of that office or its	6824
agents who are designated to conduct such hearings may administer	6825
oaths and affirmations and issue subpoenas for and compel the	6826
attendance and testimony of witnesses and the production of	6827
papers, books, and documents at the hearings. In case of failure	6828
to comply with such a subpoena or refusal to testify, the	6829
administrator or the employees of the office of aviation or its	6830
agents who are designated to conduct the hearings may invoke the	6831
aid of the court of common pleas of the county in which the	6832
hearing is being conducted, and the court may order the witness to	6833
comply with the requirements of the subpoena or to give testimony	6834
concerning the matter in question. Failure to obey any order of	6835
the court may be punished as a contempt of the court.	6836

Reports of any investigations or hearings, or parts thereof,	6837
conducted by the department shall not be admitted in evidence or	6838
used for any purpose in any action or proceeding arising out of	6839
any matter referred to in the investigation, hearings, or report	6840
thereof, except in actions or proceedings instituted by the state	6841
or by the department on behalf of the state, nor shall any member	6842
of the department or any of its employees be required to testify	6843
to any facts ascertained in, or information obtained by reason of,	6844
the member's or employee's official capacity, or to testify as an	6845
expert witness in any action or proceeding involving or pertaining	6846
to aviation to which the state is not a party. Subject to this	6847
section, the department may make available to appropriate agencies	6848
of government any information and material developed in the course	6849
of its investigations and hearings.	6850

The department shall report to the appropriate agency of the	6851
United States all cases that come to its attention of persons	6852
navigating aircraft without a valid aviator's certificate, or in	6853
which an aircraft is navigated without a valid air-worthiness	6854
certificate in probable violation of the laws of the United States	6855
requiring such certificates, and it also shall report to the	6856
proper governmental agency any probable infringement or violation	6857
of laws, rules, and regulations pertaining to aviation that come	6858
to its attention.	6859

The department may prepare, adopt, and subsequently revise a	6860
plan showing the locations and types of airports, landing fields,	6861
and other air navigation facilities within this state; it also may	6862
prepare another plan of a system of airways within this state, the	6863
establishment, maintenance, and use of which will, in its	6864
judgment, serve the development of transportation by aircraft	6865
within this state in the best interests of the public. It may	6866
publish plans and pertinent information as the public interest	6867
requires.	6868

The department periodically may prepare, publish, and	6869
distribute such maps, charts, or other information as the public	6870
interest requires, showing the location of and containing a	6871
description of all airports, landing fields, and other air	6872
navigation facilities then in operation in this state, together	6873
with information concerning the manner in which, and the terms	6874
upon which, those facilities may be used, and showing all airways	6875
then in use, or recommended for use, within this state, together	6876
with information concerning the manner in which the facilities	6877
should be used.	6878

Sec. 4561.07. The department of transportation may cooperate	6879
with ~~and assist the federal~~any government~~, regional airport~~	6880
~~authorities, the political subdivisions of this state,~~agency and	6881
others, including private persons, engaged in aviation, aviation	6882
education or research, or the promotion of aviation, and shall	6883
seek to promote the aeronautic activities of these bodies.	6884

The department may confer with or hold joint meetings and	6885
hearings with any ~~federal aeronautical agency, any regional~~	6886
~~airport authority, or any~~government agency ~~of a political~~	6887
~~subdivision of this state,~~ in connection with any matter arising	6888
under ~~sections 4561.01 to 4561.151 of the Revised Code~~this	6889
chapter, or relating to the sound development of aviation, and the	6890
department may avail itself of the cooperation, services, records,	6891
and facilities of any ~~such regional airport authority or~~	6892
government agency, as fully as is practicable, in the	6893
administration and enforcement of such sections. It shall	6894
reciprocate by furnishing to any such regional airport authority	6895
or agency its cooperation, services, records, and facilities, as	6896
fully as is practicable and in the best interests of the public.	6897

If the federal government, any agency of the federal	6898
government, or any regional airport authority or political	6899
subdivision of this state, or any government agency, requires a	6900
state agency to receive and disburse any airport assistance or	6901
development and maintenance funds, the department may act as that	6902
state agency in all such matters pertaining to aviation.	6903

Sec. 4561.08. The department of transportation may cooperate	6904
with ~~the United States, and~~ any government agency ~~thereof~~, in the	6905
acquisition, establishment, construction, enlargement,	6906
improvement, equipment, or operation of airports, landing fields,	6907
and other air navigation facilities in this state, and may comply	6908
with the laws of the United States and any regulations made	6909
thereunder with respect to the expenditure of federal funds for or	6910
in connection with such airports, landing fields, and other air	6911
navigation facilities.	6912

The department may accept, receive, and receipt for federal	6913
funds, upon such terms as are prescribed by the laws of the United	6914
States and any regulations made thereunder, on behalf of the	6915
state, and may treat similarly, for the state or as agent for any	6916
regional airport authority, county, or municipal corporation	6917
thereof, other funds, public or private, for the acquisition,	6918
establishment, construction, enlargement, improvement, equipment,	6919
or operation of airports, landing fields, and other air navigation	6920
facilities, whether such work is to be done severally by the state	6921
or by a political subdivision thereof or by a regional airport	6922
authority, or by the state and a regional airport authority or one	6923
or more such political subdivisions jointly, or by any two or more	6924
such political subdivisions jointly, or by a regional airport	6925
authority and any one or more such political subdivisions jointly.	6926
The department may also act as agent of any regional airport	6927
authority, county, or municipal corporation of the state in any	6928
other matter connected with the acquisition, establishment,	6929
construction, enlargement, improvement, equipment, or operation of	6930
airports, landing fields, and other air navigation facilities. In	6931
the discharge of its duties as such agent, the department may use	6932
all its powers in the same manner as when acting for and in behalf	6933
of the state.	6934

The department may approve or disapprove all contracts and	6935
agreements for the acquisition, establishment, construction,	6936
enlargement, improvement, equipment, or operation of airports,	6937
landing fields, and other air navigation facilities insofar as its	6938
rules require.	6939

The department may advise and cooperate with any regional	6940
airport authority or political subdivision of this state or of any	6941
other state, when it is acting jointly with a regional airport	6942
authority or subdivision of this state, in all matters pertaining	6943
to the location, acquisition, establishment, construction,	6944
enlargement, improvement, equipment, or operation of airports,	6945
landing fields, and other air navigation facilities.	6946

All money accepted by the department pursuant to sections	6947
4561.01 to 4561.151 of the Revised Code shall be deposited in the	6948
state treasury to the credit of the highway operating fund. All	6949
such moneys shall be expended in accordance with the terms imposed	6950
by the United States in making the grants thereof.	6951

Sec. 4561.09. Each regional airport authority, county, ~~and~~	6952
municipal corporation, and agency of this state may accept,	6953
receive, and give receipt for federal funds upon such terms as are	6954
prescribed by the laws of the United States and any rules and	6955
regulations made thereunder, and may treat similarly other funds,	6956
public or private, for the acquisition, establishment,	6957
construction, enlargement, improvement, equipment, or operation of	6958
airports, landing fields, and other air navigation facilities.	6959

The board of trustees of a regional airport authority and the	6960
legislative body of each county or municipal corporation may	6961
designate the department of transportation as the agent of such	6962
regional airport authority, county, or municipal corporation to	6963
accept, receive, and receipt for federal funds upon such terms as	6964
are prescribed by the laws of the United States and any rules or	6965
regulations made thereunder, and to treat similarly other funds,	6966
public or private, for the acquisition, establishment,	6967
construction, enlargement, improvement, equipment, or operation of	6968
airports, landing fields, and other air navigation facilities,	6969
whether such work is to be done by the regional airport authority,	6970
county, or municipal corporation alone, or jointly with the state,	6971
or jointly with the state and other counties or municipal	6972
corporations. Such board of trustees or legislative body may	6973
designate the department as its agent in any other matter	6974
connected with the acquisition, establishment, construction,	6975
enlargement, improvement, equipment, or operation of airports,	6976
landing fields, and other air navigation facilities, and may enter	6977
into, or authorize the executive department of such political	6978
subdivision to enter into, an agreement with the department	6979
prescribing the terms of such agency, in accordance with the laws	6980
of the United States and any rules or regulations made thereunder.	6981

All contracts for the acquisition, establishment,	6982
construction, enlargement, improvement, equipment, or operation of	6983
airports, landing fields, or other air navigation facilities made	6984
by a regional airport authority, county, or municipal corporation,	6985
or agency of this state shall be made pursuant to the laws of this	6986
state governing the making of such contracts; provided that when	6987
the acquisition, establishment, construction, enlargement,	6988
improvement, equipment, or operation of airports, landing fields,	6989
or other air navigation facilities is financed wholly or partly	6990
with federal funds, the regional airport authority, county, or	6991
municipal corporation, or agency of this state may let contracts	6992
in the manner prescribed by the federal authorities acting under	6993
the laws of the United States and any rules or regulations made	6994
thereunder.	6995

Sec. 4561.12. (A) NoUnless operated by the department of	6996
transportation or its agents, no aircraft shall be operated or	6997
maintained on any public land or water owned or controlled by this	6998
state, or by any political subdivision of this state, except at	6999
such places and under such rules and regulations governing and	7000
controlling the operation and maintenance of aircraft as are	7001
adopted and promulgated by the department ~~of transportation~~ in	7002
accordance with sections 119.01 to 119.13 of the Revised Code.	7003

Such action and approval by the department shall not become	7004
effective until it has been approved by the adoption and	7005
promulgation of appropriate rules ~~and regulations~~ governing,	7006
controlling, and approving said places and the method of operation	7007
and maintenance of aircraft, by the department, division,	7008
political subdivision, agent, or agency of this state having	7009
ownership or control of the places on said public land or water	7010
which are affected by such operation or maintenance of aircraft	7011
thereon.	7012

(B) Whoever violates this section shall be fined not more	7013
than five hundred dollars, imprisoned not more than ninety days,	7014
or both.	7015

Sec. 4561.21. (A) The director of transportation shall	7016
deposit all aircraft transfer fees in the state treasury to the	7017
credit of the general fund.	7018

(B) The director shall deposit all aircraft license taxes and	7019
fines in the state treasury to the credit of the airport	7020
assistance fund, which is hereby created. Money in the fund shall	7021
be used for maintenance and capital improvements to publicly owned	7022
airports, and the operating costs associated with the office of	7023
aviation. For maintenance and capital improvements to publicly	7024
owned airports, the director shall distribute the money to	7025
eligible recipients in accordance with such procedures,	7026
guidelines, and criteria as the director shall establish. No more	7027
than ten per cent of all funds deposited annually into the fund	7028
shall be spent annually to pay operating costs associated with the	7029
office of aviation.	7030

Sec. 4582.06. (A) A port authority created in accordance	7031
with section 4582.02 of the Revised Code may:	7032

(1) Acquire, construct, furnish, equip, maintain, repair,	7033
sell, exchange, lease to or from, lease with an option to	7034
purchase, convey other interests in, or operate real or personal	7035
property, or any combination thereof, related to, useful for, or	7036
in furtherance of any authorized purpose, and make charges for the	7037
use of any port authority facility, which shall be not less than	7038
the charges established for the same services furnished by a	7039
public utility or common carrier in the jurisdiction of the	7040
particular port authority;	7041

(2) Straighten, deepen, and improve any canal, channel,	7042
river, stream, or other water course or way that may be necessary	7043
or proper in the development of the facilities of the port	7044
authority;	7045

(3) Issue bonds or notes for the acquisition, construction,	7046
furnishing, or equipping of any real or personal property, or any	7047
combination thereof, related to, useful for, or in furtherance of	7048
any authorized purpose, in compliance with Chapter 133. of the	7049
Revised Code, except that the bonds or notes only may be issued	7050
pursuant to a vote of the electors residing within the territory	7051
of the port authority. The net indebtedness incurred by a port	7052
authority shall never exceed two per cent of the total value of	7053
all property within the territory comprising the authority as	7054
listed and assessed for taxation.	7055

(4) By resolution of its board of directors, issue revenue	7056
bonds beyond the limit of bonded indebtedness provided by law, for	7057
the acquisition, construction, furnishing, or equipping of any	7058
real or personal property, or any combination thereof, related to,	7059
useful for, or in furtherance of any authorized purpose, including	7060
all costs in connection with or incidental thereto.	7061

The revenue bonds of the port authority shall be secured only	7062
by a pledge of and a lien on the revenues of the port authority	7063
derived from those loan payments, rentals, fees, charges, or other	7064
revenues that are designated in the resolution, including, but not	7065
limited to, any property to be acquired, constructed, furnished,	7066
or equipped with the proceeds of the bond issue, after provision	7067
only for the reasonable cost of operating, maintaining, and	7068
repairing the property of the port authority so designated. The	7069
bonds may further be secured by the covenant of the port authority	7070
to maintain rates or charges that will produce revenues sufficient	7071
to meet the costs of operating, maintaining, and repairing such	7072
property and to meet the interest and principal requirements of	7073
the bonds and to establish and maintain reserves for the foregoing	7074
purposes. The board of directors, by resolution, may provide for	7075
the issuance of additional revenue bonds from time to time, to be	7076
secured equally and ratably, without preference, priority, or	7077
distinction, with outstanding revenue bonds, but subject to the	7078
terms and limitations of any trust agreement described in this	7079
section, and of any resolution authorizing bonds then outstanding.	7080
The board of directors, by resolution, may designate additional	7081
property of the port authority, the revenues of which shall be	7082
pledged and be subject to a lien for the payment of the debt	7083
charges on revenue bonds theretofore authorized by resolution of	7084
the board of directors, to the same extent as the revenues above	7085
described.	7086

In the discretion of the board of directors, the revenue	7087
bonds of the port authority may be secured by a trust agreement	7088
between the board of directors on behalf of the port authority and	7089
a corporate trustee, that may be any trust company or bank having	7090
powers of a trust company, within or without the state.	7091

The trust agreement may provide for the pledge or assignment	7092
of the revenues to be received, but shall not pledge the general	7093
credit and taxing power of the port authority. A trust agreement	7094
securing revenue bonds issued to acquire, construct, furnish, or	7095
equip real property, plants, factories, offices, and other	7096
structures and facilities for authorized purposes consistent with	7097
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage	7098
the real or personal property, or a combination thereof, to be	7099
acquired, constructed, furnished, or equipped from the proceeds of	7100
such revenue bonds, as further security for the bonds. The trust	7101
agreement or the resolution providing for the issuance of revenue	7102
bonds may set forth the rights and remedies of the bondholders and	7103
trustee, and may contain other provisions for protecting and	7104
enforcing their rights and remedies that are determined in the	7105
discretion of the board of directors to be reasonable and proper.	7106
The agreement or resolution may provide for the custody,	7107
investment, and disbursement of all moneys derived from the sale	7108
of such bonds, or from the revenues of the port authority, other	7109
than those moneys received from taxes levied pursuant to section	7110
4582.14 of the Revised Code, and may provide for the deposit of	7111
such funds without regard to section 4582.15 of the Revised Code.	7112

All bonds issued under authority of this chapter, regardless	7113
of form or terms and regardless of any other law to the contrary,	7114
shall have all qualities and incidents of negotiable instruments,	7115
subject to provisions for registration, and may be issued in	7116
coupon, fully registered, or other form, or any combination	7117
thereof, as the board of directors determines. Provision may be	7118
made for the registration of any coupon bonds as to principal	7119
alone or as to both principal and interest, and for the conversion	7120
into coupon bonds of any fully registered bonds or bonds	7121
registered as to both principal and interest.	7122

The revenue bonds shall bear interest at such rate or rates,	7123
shall bear such date or dates, and shall mature within forty-five	7124
years following the date of issuance and in such amount, at such	7125
time or times, and in such number of installments, as may be	7126
provided in or pursuant to the resolution authorizing their	7127
issuance. The final maturity of any original issue of revenue	7128
bonds shall not be later than forty-five years from their date of	7129
issue. Such resolution also shall provide for the execution of the	7130
bonds, which may be by facsimile signatures unless prohibited by	7131
the resolution, and the manner of sale of the bonds. The	7132
resolution shall provide for, or provide for the determination of,	7133
any other terms and conditions relative to the issuance, sale, and	7134
retirement of the bonds that the board of directors in its	7135
discretion determines to be reasonable and proper.	7136

Whenever a port authority considers it expedient, it may	7137
issue renewal notes and refund any bonds, whether the bonds to be	7138
refunded have or have not matured. The final maturity of any	7139
notes, including any renewal notes, shall not be later than five	7140
years from the date of issue of the original issue of notes. The	7141
final maturity of any refunding bonds shall not be later than the	7142
later of forty-five years from the date of issue of the original	7143
issue of bonds. The refunding bonds shall be sold and the proceeds	7144
applied to the purchase, redemption, or payment of the bonds to be	7145
refunded and the costs of issuance of the refunding bonds. The	7146
bonds and notes issued under this chapter, their transfer, and the	7147
income therefrom, shall at all times be free from taxation within	7148
the state.	7149

(5) Do any of the following, in regard to any interests in	7150
any real or personal property, or any combination thereof,	7151
including, without limitation, machinery, equipment, plants,	7152
factories, offices, and other structures and facilities related	7153
to, useful for, or in furtherance of any authorized purpose, for	7154
such consideration and in such manner, consistent with Article	7155
VIII, Ohio Constitution, as the board in its sole discretion may	7156
determine:	7157

(a) Loan moneys to any person or governmental entity for the	7158
acquisition, construction, furnishing, and equipping of the	7159
property;	7160

(b) Acquire, construct, maintain, repair, furnish, and equip	7161
the property;	7162

(c) Sell to, exchange with, lease, convey other interests in,	7163
or lease with an option to purchase the same or any lesser	7164
interest in the property to the same or any other person or	7165
governmental entity;	7166

(d) Guarantee the obligations of any person or governmental	7167
entity.	7168

A port authority may accept and hold as consideration for the	7169
conveyance of property or any interest therein such property or	7170
interests therein as the board in its discretion may determine,	7171
notwithstanding any restrictions that apply to the investment of	7172
funds by a port authority.	7173

(6) Construct, maintain, repair, furnish, equip, sell,	7174
exchange, lease, or lease with an option to purchase, any property	7175
that it is authorized to acquire. A port authority that is subject	7176
to this section also may operate any property in connection with	7177
transportation, recreational, governmental operations, or cultural	7178
activities.	7179

(a) Any purchase, exchange, sale, lease, lease with an option	7180
to purchase, conveyance of other interests in, or other contract	7181
with a person or governmental entity that pertains to the	7182
acquisition, construction, maintenance, repair, furnishing,	7183
equipping, or operation of any real or personal property, or any	7184
combination thereof, related to, useful for, or in furtherance of	7185
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	7186
Constitution, shall be made in such manner and subject to such	7187
terms and conditions as may be determined by the board of	7188
directors in its discretion.	7189

(b) Division (A)(6)(a) of this section applies to all	7190
contracts that are subject to the division, notwithstanding any	7191
other provision of law that might otherwise apply, including,	7192
without limitation, any requirement of notice, any requirement of	7193
competitive bidding or selection, or any requirement for the	7194
provision of security.	7195

(c) Divisions (A)(6)(a) and (b) of this section do not apply	7196
to either of the following:	7197

(i) Any contract secured by or to be paid from moneys raised	7198
by taxation or the proceeds of obligations secured by a pledge of	7199
moneys raised by taxation;	7200

(ii) Any contract secured exclusively by or to be paid	7201
exclusively from the general revenues of the port authority. For	7202
the purposes of this section, any revenues derived by the port	7203
authority under a lease or other agreement that, by its terms,	7204
contemplates the use of amounts payable under the agreement either	7205
to pay the costs of the improvement that is the subject of the	7206
contract or to secure obligations of the port authority issued to	7207
finance costs of such improvement, are excluded from general	7208
revenues.	7209

(7) Apply to the proper authorities of the United States	7210
pursuant to appropriate law for the right to establish, operate,	7211
and maintain foreign trade zones and to establish, operate, and	7212
maintain foreign trade zones; and to acquire land or property	7213
therefor, in a manner consistent with section 4582.17 of the	7214
Revised Code;	7215

(8) Exercise the right of eminent domain to appropriate any	7216
land, rights, rights-of-way, franchises, easements, or other	7217
property, necessary or proper for any authorized purpose, pursuant	7218
to the procedure provided in sections 163.01 to 163.22 of the	7219
Revised Code, if funds equal to the appraised value of the	7220
property to be acquired as a result of such proceedings are	7221
available for that purpose, except that nothing contained in	7222
sections 4582.01 to 4582.20 of the Revised Code shall authorize a	7223
port authority to take or disturb property or facilities belonging	7224
to any agency or political subdivision of this state, public	7225
utility, or common carrier, which property or facilities are	7226
necessary and convenient in the operation of the agency or	7227
political subdivision, public utility, or common carrier, unless	7228
provision is made for the restoration, relocation, or duplication	7229
of the property or facilities, or upon the election of the agency	7230
or political subdivision, public utility, or common carrier, for	7231
the payment of compensation, if any, at the sole cost of the port	7232
authority, provided that:	7233

(a) If any restoration or duplication proposed to be made	7234
pursuant to this section involves a relocation of such property or	7235
facilities, the new facilities and location shall be of at least	7236
comparable utilitarian value and effectiveness, and the relocation	7237
shall not impair the ability of the public utility or common	7238
carrier to compete in its original area of operation.	7239

(b) If any restoration or duplication made pursuant to this	7240
section involves a relocation of such property or facilities, the	7241
port authority shall acquire no interest or right in or to the	7242
appropriated property or facilities, except as provided in	7243
division (A)(11) of this section, until the relocated property or	7244
facilities are available for use and until marketable title	7245
thereto has been transferred to the public utility or common	7246
carrier.	7247

(c) Provisions for restoration or duplication shall be	7248
described in detail in the resolution for appropriation passed by	7249
the port authority.	7250

(9) Enjoy and possess the same rights, privileges, and powers	7251
granted municipal corporations under sections 721.04 to 721.11 of	7252
the Revised Code;	7253

(10) Maintain such funds as it considers necessary;

7254

(11) Direct its agents or employees, when properly identified	7255
in writing, and after at least five days' written notice, to enter	7256
upon lands within the confines of its jurisdiction in order to	7257
make surveys and examinations preliminary to location and	7258
construction of works for the purposes of the port authority,	7259
without liability of the port authority or its agents or employees	7260
except for actual damage done;	7261

(12) Sell, lease, or convey other interests in real and	7262
personal property and grant easements or rights-of-way over	7263
property of the port authority. The board of directors shall	7264
specify the consideration and any terms thereof for the sale,	7265
lease, or conveyance of other interests in real and personal	7266
property. Any determinations made by the board of directors under	7267
this division shall be conclusive. The sale, lease, or conveyance	7268
may be made without advertising and the receipt of bids.	7269

(13) Promote, advertise, and publicize the port authority	7270
facilities and its authorized purposes, provide information to	7271
persons with an interest in transportation and other port	7272
authority activities, and appear before rate-making authorities to	7273
represent and promote the interests of the port authority and its	7274
authorized purposes;	7275

(14) Adopt rules, not in conflict with general law, governing	7276
the use of and the safeguarding of its property, grounds,	7277
buildings, equipment, and facilities, safeguarding persons and	7278
their property located on or in port authority property, and	7279
governing the conduct of its employees and the public, in order to	7280
promote the public safety and convenience in and about its	7281
terminals and grounds, and to maintain order. Any such regulation	7282
shall be posted at no less than five public places in the port	7283
authority, as determined by the board of directors, for a period	7284
of not fewer than fifteen days, and shall be available for public	7285
inspection at the principal office of the port authority during	7286
regular business hours. No person shall violate any lawful	7287
regulation adopted and posted as provided in this division.	7288

(15) Do all acts necessary or appropriate to carry out its	7289
authorized purposes. The port authority shall have the powers and	7290
rights granted to other subdivisions under section 9.20 of the	7291
Revised Code.	7292

(B) Any instrument by which real property is acquired	7293
pursuant to this section shall identify the agency of the state	7294
that has the use and benefit of the real property as specified in	7295
section 5301.012 of the Revised Code.	7296

(C) Whoever violates division (A)(14) of this section is	7297
guilty of a minor misdemeanor.	7298

Sec. 4582.171. A port authority may charge, alter, and	7299
collect rentals or other charges for the use or services of any	7300
port authority facility and contract in the manner provided by	7301
this section with one or more persons, one or more governmental	7302
agencies, or any combination thereof, desiring the use or services	7303
of the facility, and fix the terms, conditions, rentals, or other	7304
charges for the use or services. If the services are furnished in	7305
the jurisdiction of the port authority by a public utility or a	7306
common carrier, charges by the port authority for the services	7307
shall not be less than the charges established for the same	7308
services furnished by a public utility or common carrier in the	7309
port authority jurisdiction. The rentals or other charges shall	7310
not be subject to supervision or regulation by any other	7311
authority, commission, board, bureau, or agency of the state and	7312
the contract may provide for acquisition by the person or	7313
governmental agency of all or any part of the port authority	7314
facility for such consideration payable over the period of the	7315
contract or otherwise as the port authority in its sole discretion	7316
determines to be appropriate, but subject to the provisions of any	7317
resolution authorizing the issuance of port authority revenue	7318
bonds or any trust agreement securing the bonds. Any governmental	7319
agency that has power to construct, operate, and maintain port	7320
authority facilities may enter into a contract or lease with a	7321
port authority whereby the use or services of any port authority	7322
facility will be made available to the governmental agency, and	7323
may pay for the use or services rentals or other charges as may be	7324
agreed to by the port authority and the governmental agency.	7325

Any governmental agency or combination of governmental	7326
agencies may cooperate with the port authority in the acquisition	7327
or construction of port authority facilities and shall enter into	7328
such agreements with the port authority as may be appropriate,	7329
with a view to effective cooperative action and safeguarding of	7330
the respective interests of the parties thereto, which agreements	7331
shall provide for contributions by the parties thereto in a	7332
proportion as may be agreed upon and other terms as may be	7333
mutually satisfactory to the parties including, without	7334
limitation, the authorization of the construction of the facility	7335
by one of the parties acting as agent for all of the parties and	7336
the ownership and control of the facility by the port authority to	7337
the extent necessary or appropriate. Any governmental agency may	7338
provide the funds for the payment of any contribution required	7339
under such agreements by the levy of taxes or assessments if	7340
otherwise authorized by the laws governing the governmental agency	7341
in the construction of the type of port authority facility	7342
provided for in the agreements, and may pay the proceeds from the	7343
collection of the taxes or assessments; or the governmental agency	7344
may issue bonds or notes, if authorized by those laws, in	7345
anticipation of the collection of the taxes or assessments, and	7346
may pay the proceeds of the bonds or notes to the port authority	7347
pursuant to such agreements. In addition, any governmental agency	7348
may provide the funds for the payment of a contribution by the	7349
appropriation of money or, if otherwise authorized by law, by the	7350
issuance of bonds or notes and may pay the appropriated money or	7351
the proceeds of the bonds or notes to the port authority pursuant	7352
to such agreements. The agreement by the governmental agency to	7353
provide a contribution, whether from appropriated money or from	7354
the proceeds of taxes or assessments, or bonds or notes, or any	7355
combination thereof, shall not be subject to Chapter 133. of the	7356
Revised Code or any rules or limitations contained therein. The	7357
proceeds from the collection of taxes or assessments, and any	7358
interest earned thereon, shall be paid into a special fund	7359
immediately upon the collection thereof by the governmental agency	7360
for the purpose of providing the contribution at the times	7361
required under such agreements.	7362

When the contribution of any governmental agency is to be	7363
made over a period of time from the proceeds of the collection of	7364
special assessments, the interest accrued and to accrue before the	7365
first installment of the assessments is collected, which is	7366
payable by the governmental agency on the contribution under the	7367
terms and provisions of the agreements, shall be treated as part	7368
of the cost of the improvement for which the assessments are	7369
levied, and that portion of the assessments that is collected in	7370
installments shall bear interest at the same rate as the	7371
governmental agency is obligated to pay on the contribution under	7372
the terms and provisions of the agreements and for the same period	7373
of time as the contribution is to be made under the agreements. If	7374
the assessment or any installment thereof is not paid when due, it	7375
shall bear interest until the payment thereof at the same rate as	7376
the contribution and the county auditor shall annually place on	7377
the tax list and duplicate the interest applicable to the	7378
assessment and the penalty thereon as otherwise authorized by law.	7379

As used in this section, the term "governmental agency" has	7380
the meaning defined in section 4582.21 of the Revised Code.	7381

Sec. 4737.04. (A) As used in this section and sections	7382
4737.041, 4737.042, 4737.043, 4737.044, 4737.045, and 4737.99 of	7383
the Revised Code:	7384

(1) "Scrap metal dealer" means the owner or operator of a	7385
business that purchases or receives scrap metal for the purpose of	7386
sorting, grading, and shipping metals to third parties for direct	7387
or indirect melting into new products.	7388

(2) "Special purchase article" means all of the following:

7389

(a) Beer kegs;

7390

(b) Cable, wire, electrical components, and other equipment	7391
used in providing cable service or any utility service, including,	7392
but not limited to, copper or aluminum coverings, housings, or	7393
enclosures related thereto;	7394

(c) Grave markers, sculptures, plaques, and vases made out of	7395
metal, the appearance of which suggests that the articles have	7396
been obtained from a cemetery;	7397

(d) Guard rails for bridges, highways, and roads; highway and	7398
street signs; street light poles and fixtures; worker access hole	7399
covers, water meter covers, and other similar types of utility	7400
access covers; traffic directional and control signs and light	7401
signals, metal marked with the name of a political subdivision of	7402
the state, and other metal articles that are purchased and	7403
installed for use upon authorization of the state or any political	7404
subdivision of the state;	7405

(e) Historical, commemorative, and memorial markers and	7406
plaques made out of metal;	7407

(f) Four-wheel metal carts, commonly referred to as "grocery	7408
carts," that are generally used by individuals to collect and	7409
transport consumer goods while shopping;	7410

(g) Four-wheel metal carts, commonly referred to as "metal	7411
bossies," that are used to transport or merchandise food products	7412
that are stored in crates, shells, or trays;	7413

(h) Railroad material, including journal brasses, rail	7414
spikes, rails, tie plates, frogs, and communication wire;	7415

(i) Metal trays, merchandise containers, or similar transport	7416
containers used by a product producer, distributor, retailer, or	7417
an agent of a product producer, distributor, or retailer as a	7418
means for the bulk transportation, storage, or carrying of retail	7419
containers of milk, baked goods, eggs, or bottled beverage	7420
products;	7421

(j) "Burnt wire," which is any coated metal wire that has	7422
been smelted, burned, or melted thereby removing the	7423
manufacturer's or owner's identifying marks.	7424

(3) "Bulk merchandise container" has the same meaning as in	7425
section 4737.012 of the Revised Code.	7426

(4) "Bulk merchandise container dealer" means a dealer who is	7427
subject to section 4737.012 of the Revised Code.	7428

(5) "Common recycled matter" means bottles and other	7429
containers made out of steel, tin, or aluminum and other consumer	7430
goods that are metal that are recycled by individual consumers and	7431
not in the bulk or quantity that could be supplied or recycled by	7432
large business establishments. "Common recycled matter" does not	7433
include a metal tray used by a product producer, distributor,	7434
retailer, or agent of a product producer, distributor, or retailer	7435
as a means for the bulk transportation, storage, or carrying of	7436
retail containers of milk, baked goods, eggs, or bottled beverage	7437
products.	7438

(6) "Consumer goods" has the same meaning as in section	7439
1309.102 of the Revised Code.	7440

(7) "Recyclable materials" means the metal materials	7441
described in division (C)(5) of this section, on the condition	7442
that those metal materials are not special purchase articles.	7443

(8) "Motor vehicle" has the same meaning as in section	7444
4501.01 of the Revised Code.	7445

(B)(1) No person shall engage in the business of scrap metal	7446
dealing or act as a bulk merchandise container dealer without	7447
first registering with the director of public safety in accordance	7448
with section 4737.045 of the Revised Code.	7449

(2) ~~Notwithstanding section 2913.02 of the Revised Code, no~~	7450
~~person, with purpose to deprive the owner of a special purchase~~	7451
~~article or bulk merchandise container, shall knowingly obtain or~~	7452
~~exert control over the special purchase article or bulk~~	7453
~~merchandise container in any of the following ways:~~	7454

~~(a) Without the consent of the owner or person authorized to~~	7455
~~give consent;~~	7456

~~(b) Beyond the scope of the express or implied consent of the~~	7457
~~owner or person authorized to give consent;~~	7458

~~(c) By deception;~~

7459

~~(d) By threat;~~

7460

~~(e) By intimidation.~~

7461

~~(3)~~ No person shall receive, purchase, or sell a special	7462
purchase article or a bulk merchandise container except as in	7463
accordance with sections 4737.012 and 4737.04 to 4737.045 of the	7464
Revised Code.	7465

(C) Every scrap metal dealer shall maintain a record book or	7466
electronic file, in which the dealer shall keep an accurate and	7467
complete record of all articles purchased or received by the	7468
dealer in the course of the dealer's daily business. On and after	7469
September 11, 2008, every entry in the record book or electronic	7470
file shall be numbered consecutively and, on or after ~~the~~	7471
~~effective date of this amendment~~September 28, 2012, shall be	7472
maintained for inspection in numerical order. Until the registry	7473
developed by the director pursuant to section 4737.045 of the	7474
Revised Code is operational, a dealer shall maintain the record	7475
for each article purchased or received for a minimum period of one	7476
year after the date the dealer purchased or received the article,	7477
except that the dealer shall maintain the photograph required	7478
under division (I) of this section only for a period of sixty days	7479
after the dealer purchased or received the article. Beginning on	7480
the date the registry is operational, a dealer shall maintain the	7481
record for each article purchased or received only for a period of	7482
sixty days after the date the dealer purchased or received the	7483
article. The director shall adopt rules for the format and	7484
maintenance of the records required under this division.	7485

The records shall contain all of the following:

7486

(1) The name and residence of the person from whom the	7487
articles were purchased or received, a copy of that person's	7488
personal identification card, and a photograph of the person taken	7489
pursuant to division (I) of this section;	7490

(2) The date and time the scrap metal dealer purchased or	7491
received the articles and the weight of the articles as determined	7492
by a licensed commercial scale;	7493

(3) If the seller or provider of the articles arrives at the	7494
dealer's place of business in a motor vehicle, the license plate	7495
number of that motor vehicle along with the state that issued the	7496
license plate;	7497

(4) For metal articles that are not recyclable materials, a	7498
full and accurate description of each article purchased or	7499
received by the dealer that includes identifying letters or marks	7500
written, inscribed, or otherwise included on the article and the	7501
name and maker of the article if known;	7502

(5) For recyclable materials that are not special purchase	7503
articles, the following category codes to identify the recyclable	7504
materials that the dealer receives:	7505

(a) "Number one copper," which includes clean copper pipe,	7506
clean copper wire, or other number one copper that does not have	7507
solder, paint, or coating;	7508

(b) "Number two copper," which includes unclean copper pipe,	7509
unclean copper wire, or other number two copper;	7510

(c) "Sheet copper," which includes copper roofing, copper	7511
gutters, copper downspouts, and other sheet copper;	7512

(d) "Insulated copper wire";

7513

(e) "Aluminum or copper radiators," which includes aluminum	7514
radiators, aluminum copper radiators, and copper radiators;	7515

(f) "Red brass," which includes red brass values and other	7516
red brass;	7517

(g) "Yellow brass," which includes yellow brass fixtures,	7518
yellow brass valve and fitting, ornamental brass, and other yellow	7519
brass;	7520

(h) "Aluminum sheet";

7521

(i) "Aluminum extrusions," which includes aluminum bleachers,	7522
aluminum benches, aluminum frames, aluminum pipe, and other	7523
aluminum extrusions;	7524

(j) "Cast aluminum," which includes aluminum grills,	7525
lawnmower decks made of aluminum, aluminum motor vehicle parts and	7526
rims, and other cast aluminum;	7527

(k) "Clean aluminum wire";

7528

(l) "Unclean aluminum wire";

7529

(m) "Aluminum exteriors," which includes aluminum siding,	7530
aluminum gutters and downspouts, aluminum shutters, aluminum trim,	7531
and other aluminum exterior items;	7532

(n) "Contaminated aluminum";

7533

(o) "Stainless steel," which includes, sinks, appliance	7534
housing, dishes, pots, pans, pipe, and other items made out of	7535
stainless steel;	7536

(p) "Large appliances," which includes consumer and other	7537
appliances;	7538

(q) "Steel structural," which includes all structural steel	7539
such as I-beams, trusses, channel iron, and similar steel from	7540
buildings;	7541

(r) "Miscellaneous steel," which includes steel grates, steel	7542
farm machinery, steel industrial machinery, steel motor vehicle	7543
frames, and other items made out of steel;	7544

(s) "Sheet irons," which includes bicycles, motor vehicle	7545
body parts made of iron, and other items made using sheet iron;	7546

(t) "Motor vehicle nonbody parts," which includes motor	7547
vehicle batteries, radiators, and other nonbody motor vehicle	7548
parts;	7549

(u) "Catalytic converters";

7550

(v) "Lead";

7551

(w) "Electric motors.";

7552

(x) "Electronic scrap," which includes any consumer or	7553
commercial electronic equipment such as computers, servers,	7554
routers, video displays, and similar products.	7555

(6) For recyclable materials that are special purchase	7556
articles, the relevant category provided in division (A)(2) of	7557
this section.	7558

(D) Railroad material, including journal brasses, rail	7559
spikes, rails, tie plates, frogs, and communication wire, other	7560
than purchases and sales under sections 4973.13 to 4973.16 of the	7561
Revised Code, shall be held by a scrap metal dealer for a period	7562
of thirty days after being purchased or acquired.	7563

(E)(1) The records required under division (C) of this	7564
section or under section 4737.012 of the Revised Code shall be	7565
open for inspection by the representative of any law enforcement	7566
agency, railroad police officers, and the director of public	7567
safety or the director's designated representative during all	7568
business hours. A scrap metal dealer or bulk merchandise container	7569
dealer shall do both of the following:	7570

(a) Provide a copy of those records to any law enforcement	7571
agency or railroad police officer that requests the records or to	7572
the director or director's representative, upon request;	7573

(b) Prepare a daily electronic report, the content and format	7574
of which shall be established in rules adopted by the director,	7575
listing all retail transactions that occurred during the preceding	7576
day and containing the information described in division (C) of	7577
this section or division (A) of section 4737.012 of the Revised	7578
Code, as applicable. The dealer shall electronically transfer, by	7579
twelve noon eastern standard time, the report for inclusion in the	7580
registry created pursuant to division (E) of section 4737.045 of	7581
the Revised Code.	7582

(2) A law enforcement agency may inspect any photographic	7583
records collected and maintained by a scrap metal dealer of either	7584
yard operations or individual transactions. Records submitted to	7585
any law enforcement agency pursuant to this section are not public	7586
records for purposes of section 149.43 of the Revised Code.	7587

~~(2)~~(3) Records submitted to any law enforcement agency,	7588
railroad police officer, or the director or the director's	7589
designated representative as required by section 4737.012 of the	7590
Revised Code and sections 4737.04 to 4737.045 of the Revised Code	7591
shall not be public records for the purposes of section 149.43 of	7592
the Revised Code.	7593

(4) Notwithstanding division (E)(3) of this section, the	7594
names and addresses of scrap metal dealers and bulk merchandise	7595
container dealers shall be made available to the public by the	7596
director upon request.	7597

(5) A person who claims to own a stolen article that may be	7598
identified in those records, or an agent of that person, who	7599
provides proof of having filed a stolen property report with the	7600
appropriate law enforcement agency, may request those records. The	7601
law enforcement agency shall provide those records upon a request	7602
made by such a person or that person's agent, but the law	7603
enforcement agency shall redact information that reveals the name	7604
of the seller of any article and the price the dealer paid for any	7605
article the dealer purchased or the estimated value of any article	7606
the dealer received. The law enforcement agency shall determine	7607
which records to provide, based upon the time period that the	7608
alleged theft is reported to have taken place. A law enforcement	7609
agency may charge or collect a fee for providing records as	7610
required by this section.	7611

(F)(1) No scrap metal dealer shall purchase or receive any	7612
metal articles, and no bulk merchandise container dealer shall	7613
purchase or receive any bulk merchandise containers, from a person	7614
who refuses to show the dealer the person's personal	7615
identification card, or who refuses to allow the dealer to take a	7616
photograph of the person as required under division (I) of this	7617
section or of the person or container as required under division	7618
(B) of section 4737.012 of the Revised Code.	7619

(2) The law enforcement agency that serves the jurisdiction	7620
in which a scrap metal dealer or a bulk merchandise container	7621
dealer is located shall provide to the scrap metal dealer or bulk	7622
merchandise container dealer a searchable, electronic list	7623
prepared in accordance with rules adopted by the director, as that	7624
agency determines appropriate, of the names and descriptions of	7625
persons known to be thieves or receivers of stolen property. The	7626
law enforcement agency may request the appropriate clerk of courts	7627
to provide the list. No scrap metal dealer or bulk merchandise	7628
container dealer shall purchase or receive articles from any	7629
person who is either identified on the list the dealer receives	7630
from the law enforcement agency, or who appears on the lists made	7631
available by the director pursuant to division (E) of section	7632
4737.045 of the Revised Code. The law enforcement agency also	7633
shall provide the list to the department of public safety, in an	7634
electronic format in accordance with rules adopted by the	7635
director, for inclusion in the registry created in section	7636
4737.045 of the Revised Code.	7637

(3) No scrap metal dealer or bulk merchandise container	7638
dealer shall purchase or receive any special purchase articles or	7639
bulk merchandise containers from any person who is under eighteen	7640
years of age.	7641

(4) No scrap metal dealer shall purchase or receive any	7642
special purchase article without complying with division (C) or	7643
and (I) of this section and division (B), (C), or (D) of section	7644
4737.041 of the Revised Code.	7645

(5) No scrap metal dealer shall purchase or receive more than	7646
one catalytic converter per day from the same person except from a	7647
motor vehicle dealer as defined in section 4517.01 of the Revised	7648
Code.	7649

(6) No scrap metal dealer shall purchase or receive a beer	7650
keg that is marked with a company name or logo except from a	7651
manufacturer of beer as described in section 4303.02 of the	7652
Revised Code or an agent authorized by the manufacturer to dispose	7653
of damaged kegs.	7654

(7) No scrap metal dealer shall treat a transaction as exempt	7655
from section 4737.04 or 4737.041 of the Revised Code unless the	7656
seller provides evidence of satisfying division (D)(3) of section	7657
4737.043 of the Revised Code.	7658

(G) Every scrap metal dealer and bulk merchandise container	7659
dealer shall post a notice in a conspicuous place on the dealer's	7660
premises notifying persons who may wish to transact business with	7661
the dealer of the penalties applicable to any person who does any	7662
of the following:	7663

(1) Provides a false personal identification card to the	7664
dealer;	7665

(2) With purpose to defraud, provides any other false	7666
information to the dealer in connection with the dealer's duty to	7667
maintain the records required under division (C) of this section	7668
or under section 4737.012 of the Revised Code;	7669

(3) Violates section 2913.02 of the Revised Code ~~or division~~	7670
~~(B)(2) of this section~~.	7671

(H)(1) Except as otherwise provided in division (F)(2) of	7672
this section, a clerk of courts or an employee of a clerk of	7673
courts; a chief of police, marshal, or other chief law enforcement	7674
officer; a sheriff, constable, or chief of police of a township	7675
police department or police district police force; a deputy,	7676
officer, or employee of the law enforcement agency served by the	7677
marshal or the municipal or township chief, the office of the	7678
sheriff, or the constable; and an employee of the department of	7679
public safety is immune from liability in a civil action,	7680
including an action for defamation, libel, or slander, to recover	7681
damages for injury, death, or loss to persons or property or	7682
reputation allegedly caused by an act or omission in connection	7683
with compiling and providing the list required by division (F)(2)	7684
of this section.	7685

(2) The immunity described in division (H)(1) of this section	7686
does not apply to a person described in that division if, in	7687
relation to the act or omission in question, any of the following	7688
applies:	7689

(a) The act or omission was manifestly outside the scope of	7690
the person's employment or official responsibilities.	7691

(b) The act or omission was with malicious purpose, in bad	7692
faith, or in a wanton or reckless manner.	7693

(c) Liability for the act or omission is expressly imposed by	7694
a section of the Revised Code.	7695

(I) Every scrap metal dealer shall take a photograph, in	7696
accordance with rules adopted by the director, of each person who	7697
sells or otherwise gives the dealer an article for which the	7698
dealer must make record under division (C) of this section.	7699

The dealer shall take the required photograph at the time the	7700
dealer purchases or receives the article and shall keep the	7701
photograph as part of the record in accordance with division (C)	7702
of this section.	7703

(J)(1) An individual listed as a known thief or receiver of	7704
stolen property on a list prepared pursuant to division (F)(2) of	7705
this section may request that the individual's name be removed	7706
from the list by filing an application with the law enforcement	7707
agency responsible for preparing the list.	7708

(2) A law enforcement agency receiving an application in	7709
accordance with division (J)(1) of this section shall remove the	7710
applicant's name from the list of known thieves and receivers of	7711
stolen property if the individual has not been convicted of or	7712
pleaded guilty to either a misdemeanor that is a theft offense, as	7713
defined in section 2913.01 of the Revised Code, within three years	7714
immediately prior to the date of the application or a felony that	7715
is a theft offense within six years immediately prior to the date	7716
of the application.	7717

Sec. 4737.99. (A) Except as specified in divisions (B), (C),	7718
(D), (E), and (F) of this section, whoever violates sections	7719
4737.01 to 4737.11 of the Revised Code, shall be fined not less	7720
than twenty-five nor more than one thousand dollars and the costs	7721
of prosecution.	7722

(B) Whoever violates division (F)(2) of section 4737.10 of	7723
the Revised Code is guilty of a misdemeanor of the fourth degree.	7724

(C) Whoever fails to comply with or violates section 4737.01,	7725
4737.012, or 4737.041, division (C), (D), (E), (F), (G), or (I) of	7726
section 4737.04, or division (D) of section 4737.045 of the	7727
Revised Code is guilty of a misdemeanor of the first degree. If	7728
the offender one time previously has violated or failed to comply	7729
with section 4737.01, 4737.012, or 4737.041, division (C), (D),	7730
(E), (F), (G), or (I) of section 4737.04, or division (D) of	7731
section 4737.045 of the Revised Code, the violation or failure is	7732
a felony of the fifth degree. If the offender two or more times	7733
previously has violated or failed to comply with section 4737.01,	7734
4737.012, or 4737.041, division (C), (D), (E), (F), (G), or (I) of	7735
section 4737.04, or division (D) of section 4737.045 of the	7736
Revised Code, the violation or failure is a felony of the fourth	7737
degree. For any second or subsequent violation of or failure to	7738
comply with section 4737.01, 4737.012, or 4737.041, or division	7739
(C), (D), (E), (F), (G), or (I) of section 4737.04, or division	7740
(D) of section 4737.045 of the Revised Code, a court may suspend	7741
the registration issued to the scrap metal dealer or bulk	7742
merchandise container dealer under section 4737.045 of the Revised	7743
Code for a period of ninety days, during which time period the	7744
person shall not engage in the business of a scrap metal dealer or	7745
a bulk merchandise container dealer, as applicable.	7746

(D) Whoever violates division (B)(1) of section 4737.04 of	7747
the Revised Code is guilty of a felony of the fifth degree. The	7748
court also shall enjoin the person from engaging in the business	7749
of a scrap metal dealer or a bulk merchandise dealer.	7750

(E) ~~Notwithstanding section 2913.02 of the Revised Code,~~	7751
~~whoever~~Whoever violates division (B)(2) ~~or (3)~~ of section 4737.04	7752
of the Revised Code is guilty of a felony of the fifth degree for	7753
the first offense and a felony of the third degree for any	7754
subsequent offense.	7755

(F) Any motor vehicle used in the theft or illegal	7756
transportation of metal shall be impounded for at least thirty	7757
days and not more than sixty days. If the same motor vehicle is	7758
used in connection with a second or subsequent theft or illegal	7759
transportation of metal, the motor vehicle shall be impounded for	7760
at least sixty days and not more than one hundred eighty days. Any	7761
motor vehicle used in the theft or illegal transportation of a	7762
special purchase article or bulk merchandise container shall be	7763
impounded for at least ninety days and not more than three hundred	7764
sixty days. A motor vehicle impounded pursuant to this division	7765
shall be stored at a municipal corporation impound lot, if	7766
available, or at a lot owned by a private entity or another	7767
governmental unit that the municipal corporation utilizes for the	7768
purpose of impounding a motor vehicle. An impounded motor vehicle	7769
may be recovered from the impound lot at the end of the impound	7770
term upon payment of fees~~, fifty per cent of which shall be~~	7771
~~remitted to the department of public safety to offset the costs of~~	7772
~~operating the registry established pursuant to section 4737.045 of~~	7773
~~the Revised Code~~.	7774

Sec. 4743.05. Except as otherwise provided in sections	7775
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	7776
Revised Code, all money collected under Chapters 3773., 4701.,	7777
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	7778
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	7779
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	7780
shall be paid into the state treasury to the credit of the	7781
occupational licensing and regulatory fund, which is hereby	7782
created for use in administering such chapters.	7783

At the end of each quarter, the director of budget and	7784
management shall transfer from the occupational licensing and	7785
regulatory fund to the nurse education assistance fund created in	7786
section 3333.28 of the Revised Code the amount certified to the	7787
director under division (B) of section 4723.08 of the Revised	7788
Code.	7789

At the end of each quarter, the director shall transfer from	7790
the occupational licensing and regulatory fund to the certified	7791
public accountant education assistance fund created in section	7792
4701.26 of the Revised Code the amount certified to the director	7793
under division (H)(2) of section 4701.10 of the Revised Code.	7794

Sec. 4765.02. (A)(1) There is hereby created the state board	7795
of emergency medical, fire, and transportation services within the	7796
division of emergency medical services of the department of public	7797
safety. The board shall consist of the members specified in this	7798
section who are residents of this state. The governor, with the	7799
advice and consent of the senate, shall appoint all members of the	7800
board, except the employee of the department of public safety	7801
designated by the director of public safety under this section to	7802
be a member of the board. In making the appointments, the governor	7803
shall appoint only members with background or experience in	7804
emergency medical services or trauma care and shall attempt to	7805
include members representing urban and rural areas, various	7806
geographical regions of the state, and various schools of	7807
training.	7808

(2) One member of the board shall be a physician certified by	7809
the American board of emergency medicine or the American	7810
osteopathic board of emergency medicine who is active in the	7811
practice of emergency medicine and is actively involved with an	7812
emergency medical service organization. The governor shall appoint	7813
this member from among three persons nominated by the Ohio chapter	7814
of the American college of emergency physicians and three persons	7815
nominated by the Ohio osteopathic association. One member shall be	7816
a physician certified by the American board of surgery or the	7817
American osteopathic board of surgery who is active in the	7818
practice of trauma surgery and is actively involved with emergency	7819
medical services. The governor shall appoint this member from	7820
among three persons nominated by the Ohio chapter of the American	7821
college of surgeons and three persons nominated by the Ohio	7822
osteopathic association. One member shall be a physician certified	7823
by the American academy of pediatrics or American osteopathic	7824
board of pediatrics who is active in the practice of pediatric	7825
emergency medicine and actively involved with an emergency medical	7826
service organization. The governor shall appoint this member from	7827
among three persons nominated by the Ohio chapter of the American	7828
academy of pediatrics and three persons nominated by the Ohio	7829
osteopathic association. ~~One member shall be the administrator of~~	7830
~~an adult or pediatric trauma center. The governor shall appoint~~	7831
~~this member from among three persons nominated by the OHA: the~~	7832
~~association for hospitals and health systems, three persons~~	7833
~~nominated by the Ohio osteopathic association, three persons~~	7834
~~nominated by the association of Ohio children's hospitals, and~~	7835
~~three persons nominated by the health forum of Ohio.~~ One member	7836
shall be the administrator of a hospital ~~that is not a trauma~~	7837
~~center~~located in this state. The governor shall appoint this	7838
member from among three persons nominated by OHA: the association	7839
for hospitals and health systems, three persons nominated by the	7840
Ohio osteopathic association, and three persons nominated by the	7841
association of Ohio children's hospitals~~, and three persons~~	7842
~~nominated by the health forum of Ohio~~. One member shall be a	7843
~~registered nurse~~an adult or pediatric trauma program manager or	7844
trauma program director who is involved in the ~~active practice of~~	7845
~~emergency nursing~~daily management of a verified trauma center.	7846
The governor shall appoint this member from among three persons	7847
nominated by the Ohio nurses association, three persons nominated	7848
by the Ohio society of trauma nurse leaders, and three persons	7849
nominated by the Ohio state council of the emergency nurses	7850
association. One member shall be the chief of a fire department	7851
that is also an emergency medical service organization in which	7852
more than fifty per cent of the persons who provide emergency	7853
medical services are full-time paid employees. The governor shall	7854
appoint this member from among three persons nominated by the Ohio	7855
fire chiefs' association. One member shall be the chief of a fire	7856
department that is also an emergency medical service organization	7857
in which more than fifty per cent of the persons who provide	7858
emergency medical services are volunteers. The governor shall	7859
appoint this member from among three persons nominated by the Ohio	7860
fire chiefs' association. One member shall be a person who is	7861
certified to teach under section 4765.23 of the Revised Code ~~or,~~	7862
~~if the board has not yet certified persons to teach under that~~	7863
~~section, a person who is qualified to be certified to teach under~~	7864
~~that section~~and holds a valid certificate to practice as an EMT,	7865
AEMT, or paramedic. The governor shall appoint this member from	7866
among three persons nominated by the Ohio emergency medical	7867
technician instructors association and the Ohio	7868
instructor/coordinators' society. One member shall be an	7869
~~EMT-basic, one shall be an EMT-I, and one~~EMT, AEMT, or paramedic,	7870
and one member shall be a paramedic. The governor shall appoint	7871
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	7872
AEMTs and three paramedics nominated by the Ohio association of	7873
professional fire fighters and three ~~EMTs-basic~~EMTs, three ~~EMTs-I~~	7874
AEMTs, and three paramedics nominated by the northern Ohio fire	7875
fighters. One member shall be an ~~EMT-basic, one shall be an~~	7876
~~EMT-I, and one~~EMT, AEMT, or paramedic, and one member shall be a	7877
paramedic ~~whom the~~. The governor shall appoint these members	7878
from among three ~~EMTs-basic, three EMTs-I,~~EMTs or AEMTs and	7879
three paramedics nominated by the Ohio state firefighter's	7880
association. One member shall be a person whom the governor shall	7881
appoint from among an ~~EMT-basic, an EMT-I, and~~EMT, AEMT, or a	7882
paramedic nominated by the Ohio association of emergency medical	7883
services or the Ohio ambulance and medical transportation	7884
association. One member shall be an EMT, AEMT, or a paramedic,	7885
whom the governor shall appoint from among three persons nominated	7886
by the Ohio ambulance and medical transportation association. One	7887
member shall be a paramedic, whom the governor shall appoint from	7888
among three persons nominated by the Ohio ambulance and medical	7889
transportation association. ~~The governor shall appoint one member~~	7890
~~who is an EMT-basic, EMT-I, or paramedic affiliated with an~~	7891
~~emergency medical services organization. One member shall be a~~	7892
~~member of the Ohio ambulance association whom the governor shall~~	7893
~~appoint from among three persons nominated by the Ohio ambulance~~	7894
~~association. One member shall be a physician certified by the~~	7895
~~American board of surgery, American board of osteopathic surgery,~~	7896
~~American osteopathic board of emergency medicine, or American~~	7897
~~board of emergency medicine who is the chief medical officer of an~~	7898
~~air medical agency and is currently active in providing emergency~~	7899
~~medical services. The governor shall appoint this member from~~	7900
~~among three persons nominated by the Ohio association of air~~	7901
~~medical services.~~One member shall be the owner or operator of a	7902
private emergency medical service organization whom the governor	7903
shall appoint from among three persons nominated by the Ohio	7904
ambulance and medical transportation association. One member shall	7905
be a provider of mobile intensive care unit transportation in this	7906
state whom the governor shall appoint from among three persons	7907
nominated by the Ohio association of critical care transport. One	7908
member shall be a provider of air-medical transportation in this	7909
state whom the governor shall appoint from among three persons	7910
nominated by the Ohio association of critical care transport. One	7911
member shall be the owner or operator of a nonemergency medical	7912
service organization in this state that provides ambulette	7913
services whom the governor shall appoint from among three persons	7914
nominated by the Ohio ambulance and medical transportation	7915
association.	7916

The governor may refuse to appoint any of the persons	7917
nominated by one or more organizations under division (A)(2) of	7918
this section, except the employee of the department of public	7919
safety designated by the director of public safety under this	7920
section to be a member of the board. In that event, the	7921
organization or organizations shall continue to nominate the	7922
required number of persons until the governor appoints to the	7923
board one or more of the persons nominated by the organization or	7924
organizations.	7925

The director of public safety shall designate an employee of	7926
the department of public safety to serve as a member of the board	7927
at the director's pleasure. This member shall serve as a liaison	7928
between the department and the division of emergency medical	7929
services in cooperation with the executive director of the board.	7930

~~Initial appointments to the board by the governor and the~~	7931
~~director of public safety shall be made within ninety days after~~	7932
~~November 12, 1992. Of the initial appointments by the governor,~~	7933
~~five shall be for terms ending one year after November 12, 1992,~~	7934
~~six shall be for terms ending two years after November 12, 1992,~~	7935
~~and six shall be for terms ending three years after November 12,~~	7936
~~1992. Within ninety days after the effective date of this~~	7937
~~amendment, the governor shall appoint the member of the board who~~	7938
~~is the chief medical officer of an air medical agency for an~~	7939
~~initial term ending November 12, 2000. Thereafter, terms~~	7940

(B) Terms of office of all members appointed by the governor	7941
shall be for three years, each term ending on the same day of the	7942
same month as did the term it succeeds. Each member shall hold	7943
office from the date of appointment until the end of the term for	7944
which the member was appointed. A member shall continue in office	7945
subsequent to the expiration date of the member's term until the	7946
member's successor takes office, or until a period of sixty days	7947
has elapsed, whichever occurs first.	7948

Each vacancy shall be filled in the same manner as the	7949
original appointment. A member appointed to fill a vacancy	7950
occurring prior to the expiration of the term for which the	7951
member's predecessor was appointed shall hold office for the	7952
remainder of the unexpired term.	7953

The term of a member shall expire if the member ceases to	7954
meet any of the requirements to be appointed as that member. The	7955
governor may remove any member from office for neglect of duty,	7956
malfeasance, misfeasance, or nonfeasance, after an adjudication	7957
hearing held in accordance with Chapter 119. of the Revised Code.	7958

(C) The members of the board shall serve without compensation	7959
but shall be reimbursed for their actual and necessary expenses	7960
incurred in carrying out their duties as board members.	7961

(D) The board shall organize by annually selecting a chair	7962
and vice-chair from among its members. The board may adopt bylaws	7963
to regulate its affairs. A majority of all members of the board	7964
shall constitute a quorum. No action shall be taken without the	7965
concurrence of a majority of all members of the board. The board	7966
shall meet at least four times annually and at the call of the	7967
chair. The chair shall call a meeting on the request of the	7968
executive director or the medical director of the board or on the	7969
written request of five members. The board shall maintain written	7970
or electronic records of its meetings.	7971

(E) Upon twenty-four hours' notice from a member of the	7972
board, the member's employer shall release the member from the	7973
member's employment duties to attend meetings of the full board.	7974
Nothing in this ~~paragraph~~division requires the employer of a	7975
member of the board to compensate the member for time the member	7976
is released from employment duties under this paragraph, but any	7977
civil immunity, workers' compensation, disability, or similar	7978
coverage that applies to a member of the board as a result of the	7979
member's employment shall continue to apply while the member is	7980
released from employment duties under this paragraph.	7981

Sec. 4765.03. (A) The director of public safety shall	7982
appoint a full-time executive director for the state board of	7983
emergency medical, fire, and transportation services. The	7984
executive director shall be knowledgeable in emergency medical	7985
services and trauma care and shall serve at the pleasure of the	7986
director of public safety. The director of public safety shall	7987
appoint the executive director from among three persons nominated	7988
by the board. The director of public safety may refuse, for cause,	7989
to appoint any of the board's nominees. If the director fails to	7990
appoint any of the board's nominees, the board shall continue to	7991
nominate groups of three persons until the director does appoint	7992
one of the board's nominees. The executive director shall serve as	7993
the chief executive officer of the board and as the executive	7994
director of the division of emergency medical services. The	7995
executive director shall attend each meeting of the board, except	7996
the board may exclude the executive director from discussions	7997
concerning the employment or performance of the executive director	7998
or medical director of the board. The executive director shall	7999
give a surety bond to the state in such sum as the board	8000
determines, conditioned on the faithful performance of the duties	8001
of the executive director's office. The executive director shall	8002
receive a salary from the board and shall be reimbursed for actual	8003
and necessary expenses incurred in carrying out duties as	8004
executive director.	8005

The executive director shall submit a report to the director	8006
of public safety at least every three months regarding the status	8007
of emergency medical services in this state. The executive	8008
director shall meet with the director of public safety at the	8009
director's request.	8010

(B) The board shall appoint a medical director, who shall	8011
serve at the pleasure of the board. The medical director shall be	8012
a physician certified by the American board of emergency medicine	8013
or the American osteopathic board of emergency medicine who is	8014
active in the practice of emergency medicine and has been actively	8015
involved with an emergency medical service organization for at	8016
least five years prior to being appointed. The board shall	8017
consider any recommendations for this appointment from the Ohio	8018
chapter of the American college of emergency physicians, the Ohio	8019
chapter of the American college of surgeons, the Ohio chapter of	8020
the American academy of pediatrics, the Ohio osteopathic	8021
association, and the Ohio state medical association.	8022

The medical director shall direct the executive director and	8023
advise the board with regard to adult and pediatric trauma and	8024
emergency medical services issues. The medical director shall	8025
attend each meeting of the board, except the board may exclude the	8026
medical director from discussions concerning the appointment or	8027
performance of the medical director or executive director of the	8028
board. The medical director shall be employed and paid by the	8029
board and shall be reimbursed for actual and necessary expenses	8030
incurred in carrying out duties as medical director.	8031

(C) The board may appoint employees as it determines	8032
necessary. The board shall prescribe the duties and titles of its	8033
employees.	8034

Sec. 4765.04. (A) The firefighter and fire safety inspector	8035
training committee of the state board of emergency medical, fire,	8036
and transportation services is hereby created and shall consist of	8037
the members of the board who are chiefs of fire departments, and	8038
the members of the board who are emergency medical	8039
technicians-basic, emergency medical technicians-intermediate, and	8040
emergency medical technicians-paramedic appointed from among	8041
persons nominated by the Ohio association of professional fire	8042
fighters or the northern Ohio fire fighters and from among persons	8043
nominated by the Ohio state firefighter's association. Each member	8044
of the committee, except the chairperson, may designate a person	8045
with fire experience to serve in that member's place. The members	8046
of the committee or their designees shall select a chairperson	8047
from among the members or their designees.	8048

The committee may conduct investigations in the course of	8049
discharging its duties under this chapter. In the course of an	8050
investigation, the committee may issue subpoenas. If a person	8051
subpoenaed fails to comply with the subpoena, the committee may	8052
authorize its chairperson to apply to the court of common pleas in	8053
the county where the person to be subpoenaed resides for an order	8054
compelling compliance in the same manner as compliance with a	8055
subpoena issued by the court is compelled.	8056

(B) The trauma committee of the state board of emergency	8057
medical, fire, and transportation services is hereby created and	8058
shall consist of the following members appointed by the director	8059
of public safety:	8060

(1) A physician who is certified by the American board of	8061
surgery or American osteopathic board of surgery and actively	8062
practices general trauma surgery, appointed from among three	8063
persons nominated by the Ohio chapter of the American college of	8064
surgeons, three persons nominated by the Ohio state medical	8065
association, and three persons nominated by the Ohio osteopathic	8066
association;	8067

(2) A physician who is certified by the American board of	8068
surgery or the American osteopathic board of surgery and actively	8069
practices orthopedic trauma surgery, appointed from among three	8070
persons nominated by the Ohio orthopedic society and three persons	8071
nominated by the Ohio osteopathic association;	8072

(3) A physician who is certified by the American board of	8073
neurological surgeons or the American osteopathic board of surgery	8074
and actively practices neurosurgery on trauma victims, appointed	8075
from among three persons nominated by the Ohio state neurological	8076
society and three persons nominated by the Ohio osteopathic	8077
association;	8078

(4) A physician who is certified by the American board of	8079
surgeons or American osteopathic board of surgeons and actively	8080
specializes in treating burn victims, appointed from among three	8081
persons nominated by the Ohio chapter of the American college of	8082
surgeons and three persons nominated by the Ohio osteopathic	8083
association;	8084

(5) A dentist who is certified by the American board of oral	8085
and maxillofacial surgery and actively practices oral and	8086
maxillofacial surgery, appointed from among three persons	8087
nominated by the Ohio dental association;	8088

(6) A physician who is certified by the American board of	8089
physical medicine and rehabilitation or American osteopathic board	8090
of rehabilitation medicine and actively provides rehabilitative	8091
care to trauma victims, appointed from among three persons	8092
nominated by the Ohio society of physical medicine and	8093
rehabilitation and three persons nominated by the Ohio osteopathic	8094
association;	8095

(7) A physician who is certified by the American board of	8096
surgery or American osteopathic board of surgery with special	8097
qualifications in pediatric surgery and actively practices	8098
pediatric trauma surgery, appointed from among three persons	8099
nominated by the Ohio chapter of the American academy of	8100
pediatrics and three persons nominated by the Ohio osteopathic	8101
association;	8102

(8) A physician who is certified by the American board of	8103
emergency medicine or American osteopathic board of emergency	8104
medicine, actively practices emergency medicine, and is actively	8105
involved in emergency medical services, appointed from among three	8106
persons nominated by the Ohio chapter of the American college of	8107
emergency physicians and three persons nominated by the Ohio	8108
osteopathic association;	8109

(9) A physician who is certified by the American board of	8110
pediatrics, American osteopathic board of pediatrics, or American	8111
board of emergency medicine, is sub-boarded in pediatric emergency	8112
medicine, actively practices pediatric emergency medicine, and is	8113
actively involved in emergency medical services, appointed from	8114
among three persons nominated by the Ohio chapter of the American	8115
academy of pediatrics, three persons nominated by the Ohio chapter	8116
of the American college of emergency physicians, and three persons	8117
nominated by the Ohio osteopathic association;	8118

(10) A physician who is certified by the American board of	8119
surgery, American osteopathic board of surgery, or American board	8120
of emergency medicine and is the chief medical officer of an air	8121
medical organization, appointed from among three persons nominated	8122
by the Ohio association of air medical services;	8123

(11) A coroner or medical examiner appointed from among three	8124
people nominated by the Ohio state coroners' association;	8125

(12) A registered nurse who actively practices trauma nursing	8126
at an adult or pediatric trauma center, appointed from among three	8127
persons nominated by the Ohio association of trauma nurse	8128
coordinators;	8129

(13) A registered nurse who actively practices emergency	8130
nursing and is actively involved in emergency medical services,	8131
appointed from among three persons nominated by the Ohio chapter	8132
of the emergency nurses' association;	8133

(14) The chief trauma registrar of an adult or pediatric	8134
trauma center, appointed from among three persons nominated by the	8135
alliance of Ohio trauma registrars;	8136

(15) The administrator of an adult or pediatric trauma	8137
center, appointed from among three persons nominated by OHA: the	8138
association for hospitals and health systems, three persons	8139
nominated by the Ohio osteopathic association, three persons	8140
nominated by the association of Ohio children's hospitals, and	8141
three persons nominated by the health forum of Ohio;	8142

(16) The administrator of a hospital that is not a trauma	8143
center and actively provides emergency care to adult or pediatric	8144
trauma patients, appointed from among three persons nominated by	8145
OHA: the association for hospitals and health systems, three	8146
persons nominated by the Ohio osteopathic association, three	8147
persons nominated by the association of Ohio children's hospitals,	8148
and three persons nominated by the health forum of Ohio;	8149

(17) The operator of an ambulance company that actively	8150
provides trauma care to emergency patients, appointed from among	8151
three persons nominated by the Ohio ambulance association;	8152

(18) The chief of a fire department that actively provides	8153
trauma care to emergency patients, appointed from among three	8154
persons nominated by the Ohio fire chiefs' association;	8155

(19) An EMT or paramedic who is certified under this chapter	8156
and actively provides trauma care to emergency patients, appointed	8157
from among three persons nominated by the Ohio association of	8158
professional firefighters, three persons nominated by the northern	8159
Ohio fire fighters, three persons nominated by the Ohio state	8160
firefighters' association, and three persons nominated by the Ohio	8161
association of emergency medical services;	8162

(20) A person who actively advocates for trauma victims,	8163
appointed from three persons nominated by the Ohio brain injury	8164
association and three persons nominated by the governor's council	8165
on people with disabilities;	8166

(21) A physician or nurse who has substantial administrative	8167
responsibility for trauma care provided in or by an adult or	8168
pediatric trauma center, appointed from among three persons	8169
nominated by OHA: the association for hospitals and health	8170
systems, three persons nominated by the Ohio osteopathic	8171
association, three persons nominated by the association of Ohio	8172
children's hospitals, and three persons nominated by the health	8173
forum of Ohio;	8174

(22) Three representatives of hospitals that are not trauma	8175
centers and actively provide emergency care to trauma patients,	8176
appointed from among three persons nominated by OHA: the	8177
association for hospitals and health systems, three persons	8178
nominated by the Ohio osteopathic association, three persons	8179
nominated by the association of Ohio children's hospitals, and	8180
three persons nominated by the health forum of Ohio. The	8181
representatives may be hospital administrators, physicians,	8182
nurses, or other clinical professionals.	8183

Members of the committee shall have substantial experience in	8184
the categories they represent, shall be residents of this state,	8185
and may be members of the state board of emergency medical, fire,	8186
and transportation services. In appointing members of the	8187
committee, the director shall attempt to include members	8188
representing urban and rural areas, various geographical areas of	8189
the state, and various schools of training. The director shall not	8190
appoint to the committee more than one member who is employed by	8191
or practices at the same hospital, health system, or emergency	8192
medical service organization.	8193

The director may refuse to appoint any of the persons	8194
nominated by an organization or organizations under this division.	8195
In that event, the organization or organizations shall continue to	8196
nominate the required number of persons until the director	8197
appoints to the committee one or more of the persons nominated by	8198
the organization or organizations.	8199

Initial appointments to the committee shall be made by the	8200
director not later than ninety days after November 3, 2000.	8201
Members of the committee shall serve at the pleasure of the	8202
director, except that any member of the committee who ceases to be	8203
qualified for the position to which the member was appointed shall	8204
cease to be a member of the committee. Vacancies on the committee	8205
shall be filled in the same manner as original appointments.	8206

The members of the committee shall serve without compensation	8207
but shall be reimbursed for actual and necessary expenses incurred	8208
in carrying out duties as members of the committee.	8209

The committee shall select a chairperson and vice-chairperson	8210
from among its members. A majority of all members of the committee	8211
shall constitute a quorum. No action shall be taken without the	8212
concurrence of a majority of all members of the committee. The	8213
committee shall meet at the call of the chair, upon written	8214
request of five members of the committee, and at the direction of	8215
the state board of emergency medical, fire, and transportation	8216
services. The committee shall not meet at times or locations that	8217
conflict with meetings of the board. The executive director and	8218
medical director of the state board of emergency medical, fire,	8219
and transportation services may participate in any meeting of the	8220
committee and shall do so at the request of the committee.	8221

The committee shall advise and assist the state board of	8222
emergency medical, fire, and transportation services in matters	8223
related to adult and pediatric trauma care and the establishment	8224
and operation of the state trauma registry. In matters relating to	8225
the state trauma registry, the board and the committee shall	8226
consult with trauma registrars from adult and pediatric trauma	8227
centers in the state. The committee may appoint a subcommittee to	8228
advise and assist with the trauma registry. The subcommittee may	8229
include persons with expertise relevant to the trauma registry who	8230
are not members of the board or committee.	8231

(C)(1) The medical transportation committee of the state	8232
board of emergency medical, fire, and transportation services is	8233
hereby created. The committee shall consist of members appointed	8234
by the board in accordance with rules adopted by the board. In	8235
appointing members of the committee, the board shall attempt to	8236
include members representing urban and rural areas and various	8237
geographical areas of the state, and shall ensure the members have	8238
substantial experience in the transportation of patients,	8239
including addressing the unique issues of mobile intensive care	8240
and air medical services. The members of the committee shall be	8241
residents of this state and may be members of the board. The	8242
members of the committee shall serve without compensation but	8243
shall be reimbursed for actual and necessary expenses incurred in	8244
carrying out duties as members of the committee. The committee	8245
shall select a chairperson and vice-chairperson from among its	8246
members. A majority of all members of the committee shall	8247
constitute a quorum. No action shall be taken without the	8248
concurrence of a majority of all members of the committee. The	8249
committee shall meet at the call of the chair and at the direction	8250
of the board. The committee shall not meet at times or locations	8251
that conflict with meetings of the board. The committee shall	8252
advise and assist the board in matters related to the licensing of	8253
nonemergency medical service, emergency medical service, and air	8254
medical service organizations in this state.	8255

(2) There is hereby created the critical care subcommittee of	8256
the medical transportation committee. The membership of the	8257
subcommittee and the conduct of the subcommittee's business shall	8258
conform to rules adopted by the board. The subcommittee shall	8259
advise and assist the committee and board in matters relating to	8260
mobile intensive care and air medical service organizations in	8261
this state.	8262

(D) The state board of emergency medical, fire, and	8263
transportation services may appoint other committees and	8264
subcommittees as it considers necessary.	8265

~~(D)~~(E) The state board of emergency medical, fire, and	8266
transportation services, and any of its committees or	8267
subcommittees, may request assistance from any state agency. The	8268
board and its committees and subcommittees may permit persons who	8269
are not members of those bodies to participate in deliberations of	8270
those bodies, but no person who is not a member of the board shall	8271
vote on the board and no person who is not a member of a committee	8272
created under division (A) or, (B), or (C) of this section shall	8273
vote on that committee.	8274

~~(E)~~(F) Sections 101.82 to 101.87 of the Revised Code do not	8275
apply to the committees established under ~~division~~divisions (A)	8276
or, (B), and (C) of this section.	8277

Sec. 4765.05. (A) As used in this section, "prehospital	8278
emergency medical services" means an emergency medical services	8279
system that provides medical services to patients who require	8280
immediate assistance, because of illness or injury, prior to their	8281
arrival at an emergency medical facility.	8282

(B) The state board of emergency medical, fire, and	8283
transportation services shall divide the state geographically into	8284
prehospital emergency medical services regions for purposes of	8285
overseeing the delivery of adult and pediatric prehospital	8286
emergency medical services. For each prehospital emergency medical	8287
services region, the state board of emergency medical, fire, and	8288
transportation services shall appoint either a physician to serve	8289
as the regional director or a physician advisory board to serve as	8290
the regional advisory board. The state board of emergency medical,	8291
fire, and transportation services shall specify the duties of each	8292
regional director and regional advisory board. Regional directors	8293
and members of regional advisory boards shall serve without	8294
compensation, but shall be reimbursed for actual and necessary	8295
expenses incurred in carrying out duties as regional directors and	8296
members of regional advisory boards.	8297

(C) Nothing in this section shall be construed to limit in	8298
any way the ability of a hospital to determine the market area of	8299
that hospital.	8300

Sec. 4765.06. (A) The state board of emergency medical,	8301
fire, and transportation services shall establish an emergency	8302
medical services incidence reporting system for the collection of	8303
information regarding the delivery of emergency medical services	8304
in this state and the frequency at which the services are	8305
provided. All emergency medical service organizations shall submit	8306
to the board any information that the board determines is	8307
necessary for maintaining the incidence reporting system.	8308

(B) The board shall establish a state trauma registry to be	8309
used for the collection of information regarding the care of adult	8310
and pediatric trauma victims in this state. The registry shall	8311
provide for the reporting of adult and pediatric trauma-related	8312
deaths, identification of adult and pediatric trauma patients,	8313
monitoring of adult and pediatric trauma patient care data,	8314
determination of the total amount of uncompensated adult and	8315
pediatric trauma care provided annually by each facility that	8316
provides care to trauma victims, and collection of any other	8317
information specified by the board. All persons designated by the	8318
board shall submit to the board any information it determines is	8319
necessary for maintaining the state trauma registry. At the	8320
request of the board any state agency possessing information	8321
regarding adult or pediatric trauma care shall provide the	8322
information to the board. The board shall maintain the state	8323
trauma registry in accordance with rules adopted under section	8324
4765.11 of the Revised Code.	8325

Rules relating to the state trauma registry adopted under	8326
this section and section 4765.11 of the Revised Code shall not	8327
prohibit the operation of other trauma registries and may provide	8328
for the reporting of information to the state trauma registry by	8329
or through other trauma registries in a manner consistent with	8330
information otherwise reported to the state trauma registry. Other	8331
trauma registries may report aggregate information to the state	8332
trauma registry, provided the information can be matched to the	8333
person that reported it. Information maintained by another trauma	8334
registry and reported to the state trauma registry in lieu of	8335
being reported directly to the state trauma registry is a public	8336
record and shall be maintained, made available to the public, held	8337
in confidence, risk adjusted, and not subject to discovery or	8338
introduction into evidence in a civil action as provided in	8339
section 149.43 of the Revised Code and this section. Any person	8340
who provides, maintains, or risk adjusts such information shall	8341
comply with this section and rules adopted under it in performing	8342
that function and has the same immunities with respect to that	8343
function as a person who performs that function with respect to	8344
the state trauma registry.	8345

(C) The board and any employee or contractor of the board or	8346
the department of public safety shall not make public information	8347
it receives under Chapter 4765. of the Revised Code that	8348
identifies or would tend to identify a specific recipient of	8349
emergency medical services or adult or pediatric trauma care.	8350

(D) Not later than two years after November 3, 2000, the	8351
board shall adopt and implement rules under section 4765.11 of the	8352
Revised Code that provide written standards and procedures for	8353
risk adjustment of information received by the board under Chapter	8354
4765. of the Revised Code. The rules shall be developed in	8355
consultation with appropriate medical, hospital, and emergency	8356
medical service organizations and may provide for risk adjustment	8357
by a contractor of the board. Except as provided in division (G)	8358
of this section, before risk adjustment standards and procedures	8359
are implemented, no member of the board and no employee or	8360
contractor of the board or the department of public safety shall	8361
make public information received by the board under Chapter 4765.	8362
of the Revised Code that identifies or would tend to identify a	8363
specific provider of emergency medical services or adult or	8364
pediatric trauma care. Except as provided in division (G) of this	8365
section, after risk adjustment standards and procedures are	8366
implemented, the board shall make public such information only on	8367
a risk adjusted basis.	8368

(E) The board shall adopt rules under section 4765.11 of the	8369
Revised Code that specify procedures for ensuring the	8370
confidentiality of information that is not to be made public under	8371
this section. The rules shall specify the circumstances in which	8372
deliberations of the persons performing risk adjustment functions	8373
under this section are not open to the public and records of those	8374
deliberations are maintained in confidence. Nothing in this	8375
section prohibits the board from making public statistical	8376
information that does not identify or tend to identify a specific	8377
recipient or provider of emergency medical services or adult or	8378
pediatric trauma care.	8379

(F) No provider that furnishes information to the board with	8380
respect to any patient the provider examined or treated shall,	8381
because of this furnishing, be deemed liable in damages to any	8382
person or be held to answer for betrayal of a professional	8383
confidence in the absence of willful or wanton misconduct. No such	8384
information shall be subject to introduction in evidence in any	8385
civil action against the provider. No provider that furnishes	8386
information to the board shall be liable for the misuse or	8387
improper release of the information by the board or any other	8388
person.	8389

No person who performs risk adjustment functions under this	8390
section shall, because of performing such functions, be held	8391
liable in a civil action for betrayal of professional confidence	8392
or otherwise in the absence of willful or wanton misconduct.	8393

(G) The board may transmit data that identifies or tends to	8394
identify a specific provider of emergency medical services care	8395
and has not been risk-adjusted from the emergency medical services	8396
incident reporting system directly to the national emergency	8397
medical services information system, pursuant to a written	8398
contract between the board and the federal agency that administers	8399
the national emergency medical services information system, which	8400
shall ensure to the maximum extent permitted by federal law that	8401
such agency shall use such data solely for inclusion in the	8402
national emergency medical services information system and shall	8403
not disclose such data to the public, through legal discovery, a	8404
freedom of information request, or otherwise, in a manner that	8405
identifies or tends to identify a specific provider of emergency	8406
medical services care.	8407

Sec. 4765.07. (A) The state board of emergency medical,	8408
fire, and transportation services shall adopt rules under section	8409
4765.11 of the Revised Code to establish and administer a grant	8410
program under which grants are distributed according to the	8411
following priorities:	8412

(1) First priority shall be given to emergency medical	8413
service organizations for the training of personnel, for the	8414
purchase of equipment and vehicles, and to improve the	8415
availability, accessibility, and quality of emergency medical	8416
services in this state. In this category, the board shall give	8417
priority to grants that fund training and equipping of emergency	8418
medical service personnel.	8419

(2) Second priority shall be given to entities that research,	8420
test, and evaluate medical procedures and systems related to adult	8421
and pediatric trauma care.	8422

(3) Third priority shall be given to entities that research	8423
the causes, nature, and effects of traumatic injuries, educate the	8424
public about injury prevention, and implement, test, and evaluate	8425
injury prevention strategies.	8426

(4) Fourth priority shall be given to entities that research,	8427
test, and evaluate procedures that promote the rehabilitation,	8428
retraining, and reemployment of adult or pediatric trauma victims	8429
and social service support mechanisms for adult or pediatric	8430
trauma victims and their families.	8431

(5) Fifth priority shall be given to entities that conduct	8432
research on, test, or evaluate one or more of the following:	8433

(a) Procedures governing the performance of emergency medical	8434
services in this state;	8435

(b) The training of emergency medical service personnel;

8436

8437

(6) For grants distributed for the grant award years	8438
occurring not later than the award year ending June 30, 2017,	8439
sixth priority shall be given to entities that operate paramedic	8440
training programs and are seeking national accreditation of the	8441
programs.	8442

(B) To be eligible for a grant distributed pursuant to	8443
division (A)(6) of this section, an applicant for the grant shall	8444
meet all of the following conditions:	8445

(1) Hold a certificate of accreditation issued by the board	8446
under section 4765.17 of the Revised Code to operate a paramedic	8447
training program;	8448

(2) Be seeking initial national accreditation of the program	8449
from an accrediting organization approved by the board;	8450

(3) Apply for the national accreditation on or after February	8451
25, 2010.	8452

(C) The grant program shall be funded from the trauma and	8453
emergency medical services fund created by section 4513.263 of the	8454
Revised Code.	8455

Sec. 4765.08. The state board of emergency medical, fire,	8456
and transportation services shall prepare a statewide emergency	8457
medical services plan and shall revise the plan as necessary.	8458

The board shall prepare a plan for the statewide regulation	8459
of emergency medical services during periods of disaster. The plan	8460
shall be consistent with the statewide emergency medical services	8461
plan required under this section and with the statewide emergency	8462
operations plan required under section 5502.22 of the Revised	8463
Code. The board shall submit the plan to the emergency management	8464
agency created under section 5502.22 of the Revised Code. The	8465
board shall cooperate with the agency in any other manner the	8466
agency considers necessary to develop and implement the statewide	8467
emergency operations plan.	8468

Sec. 4765.09. The state board of emergency medical, fire,	8469
and transportation services shall prepare recommendations for the	8470
operation of ambulance service organizations, air medical	8471
organizations, and emergency medical service organizations. Within	8472
thirty days following the preparation or modification of	8473
recommendations, the board shall notify the board of county	8474
commissioners of any county, the board of township trustees of any	8475
township, the board of trustees of any joint ambulance district,	8476
or the board of trustees of any joint emergency medical services	8477
district in which there exist ambulance service organizations, air	8478
medical organizations, or emergency medical service organizations	8479
of any board recommendations for the operation of such	8480
organizations. The recommendations shall include, but not be	8481
limited to:	8482

(A) The definition and classification of ambulances and	8483
medical aircraft;	8484

(B) The design, equipment, and supplies for ambulances and	8485
medical aircraft, including special equipment, supplies, training,	8486
and staffing required to assist pediatric and geriatric emergency	8487
victims;	8488

(C) The minimum number and type of personnel for the	8489
operation of ambulances and medical aircraft;	8490

(D) The communication systems necessary for the operation of	8491
ambulances and medical aircraft;	8492

(E) Reports to be made by persons holding certificates of	8493
accreditation or approval issued under section 4765.17 of the	8494
Revised Code and certificates to practice issued under section	8495
4765.30 of the Revised Code to ascertain compliance with this	8496
chapter and the rules and recommendations adopted thereunder and	8497
to ascertain the quantity and quality of ambulance service	8498
organizations, air medical organizations, and emergency medical	8499
service organizations throughout the state.	8500

Sec. 4765.10. (A) The state board of emergency medical,	8501
fire, and transportation services shall do all of the following:	8502

(1) Administer and enforce the provisions of this chapter and	8503
the rules adopted under it;	8504

(2) Approve, in accordance with procedures established in	8505
rules adopted under section 4765.11 of the Revised Code,	8506
examinations that demonstrate competence to have a certificate to	8507
practice renewed without completing a continuing education	8508
program;	8509

(3) Advise applicants for state or federal emergency medical	8510
services funds, review and comment on applications for these	8511
funds, and approve the use of all state and federal funds	8512
designated solely for emergency medical service programs unless	8513
federal law requires another state agency to approve the use of	8514
all such federal funds;	8515

(4) Serve as a statewide clearinghouse for discussion,	8516
inquiry, and complaints concerning emergency medical services;	8517

(5) Make recommendations to the general assembly on	8518
legislation to improve the delivery of emergency medical services;	8519

(6) Maintain a toll-free long distance telephone number	8520
through which it shall respond to questions about emergency	8521
medical services;	8522

(7) Work with appropriate state offices in coordinating the	8523
training of firefighters and emergency medical service personnel.	8524
Other state offices that are involved in the training of	8525
firefighters or emergency medical service personnel shall	8526
cooperate with the board and its committees and subcommittees to	8527
achieve this goal.	8528

(8) Provide a liaison to the state emergency operation center	8529
during those periods when a disaster, as defined in section	8530
5502.21 of the Revised Code, has occurred in this state and the	8531
governor has declared an emergency as defined in that section.	8532

(B) The board may do any of the following:

8533

(1) Investigate complaints concerning emergency medical	8534
services and emergency medical service organizations as it	8535
determines necessary;	8536

(2) Enter into reciprocal agreements with other states that	8537
have standards for accreditation of emergency medical services	8538
training programs and for certification of first responders,	8539
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	8540
inspectors that are substantially similar to those established	8541
under this chapter and the rules adopted under it;	8542

(3) Establish a statewide public information system and	8543
public education programs regarding emergency medical services;	8544

(4) Establish an injury prevention program.

8545

(C) The state board of emergency medical, fire, and	8546
transportation services shall not regulate any profession that	8547
otherwise is regulated by another board, commission, or similar	8548
regulatory entity.	8549

Sec. 4765.101. (A) The state board of emergency medical,	8550
fire, and transportation services shall investigate any allegation	8551
that a person has violated this chapter or a rule adopted under	8552
it.	8553

Any person may submit to the board a written complaint	8554
regarding an alleged violation of this chapter or a rule adopted	8555
under it. In the absence of fraud or bad faith, no person	8556
submitting a complaint to the board or testifying in an	8557
adjudication hearing conducted in accordance with Chapter 119. of	8558
the Revised Code with regard to such an alleged violation shall be	8559
liable to any person in damages in a civil action as a result of	8560
submitting the complaint or providing testimony.	8561

(B) In investigating an allegation, the board may do any of	8562
the following:	8563

(1) Administer oaths;

8564

(2) Order the taking of depositions;

8565

(3) Issue subpoenas;

8566

(4) Compel the attendance of witnesses and production of	8567
books, accounts, papers, records, documents, and testimony.	8568

(C) A subpoena for patient record information shall not be	8569
issued without consultation with the attorney general's office and	8570
approval of the executive director of the board. Before issuance	8571
of a subpoena for patient record information, the executive	8572
director shall determine whether there is probable cause to	8573
believe that the complaint filed alleges a violation of this	8574
chapter or any rule adopted under it and that the records sought	8575
are relevant to the alleged violation and material to the	8576
investigation. The subpoena may apply only to records that cover a	8577
reasonable period of time surrounding the alleged violation.	8578

(D) On failure to comply with any subpoena issued by the	8579
board and after reasonable notice to the person being subpoenaed,	8580
the board may move, pursuant to the Rules of Civil Procedure, for	8581
an order compelling the production of persons or records.	8582

(E) A subpoena issued by the board may be served by a	8583
sheriff, the sheriff's deputy, or an investigator for the division	8584
of emergency medical services of the department of public safety.	8585
Service of a subpoena issued by the board may be made by	8586
delivering a copy of the subpoena to the person named in it,	8587
reading it to the person, or leaving it at the person's usual	8588
place of residence. When the person being served is an individual	8589
authorized by this chapter to practice emergency medical services,	8590
service of the subpoena may be made by certified mail, restricted	8591
delivery, return receipt requested, and the subpoena shall be	8592
deemed served on the date delivery is made or on the date that the	8593
person refuses to accept delivery.	8594

Sec. 4765.102. (A) As used in this section, "licensing	8595
agency" means any entity that has the authority pursuant to Title	8596
XLVII of the Revised Code to issue a license, and any other agency	8597
of this or another state, other than the Ohio supreme court, that	8598
has the authority to issue a license that authorizes an individual	8599
to engage in an occupation or profession. "Licensing agency"	8600
includes an administrative officer that has authority to issue a	8601
license that authorizes an individual to engage in an occupation	8602
or profession.	8603

(B) Except as provided in divisions (C) and (D) of this	8604
section and section 4765.111 of the Revised Code, all information	8605
the state board of emergency medical, fire, and transportation	8606
services receives pursuant to an investigation, including	8607
information regarding an alleged violation of this chapter or	8608
rules adopted under it or a complaint submitted under division (A)	8609
of section 4765.101 of the Revised Code, is confidential, and is	8610
not subject to discovery in any civil action, during the course of	8611
the investigation and any adjudication proceedings that result	8612
from the investigation. Upon completion of the investigation and	8613
any resulting adjudication proceedings, the information is a	8614
matter of public record for purposes of section 149.43 of the	8615
Revised Code.	8616

(C) The board may release information otherwise made	8617
confidential by division (B) of this section to law enforcement	8618
officers or licensing agencies of this or another state that are	8619
prosecuting, adjudicating, or investigating the holder of a	8620
certificate issued under this chapter or a person who allegedly	8621
engaged in the unauthorized provision of emergency medical	8622
services.	8623

A law enforcement officer or licensing agency with	8624
information disclosed by the board under this division shall not	8625
divulge the information other than for the purpose of an	8626
adjudication by a court or licensing agency to which the subject	8627
of the adjudication is a party.	8628

(D) If an investigation conducted under section 4765.101 of	8629
the Revised Code requires a review of patient records, the	8630
investigation and proceedings related to it shall be conducted in	8631
such a manner as to protect patient confidentiality. The board	8632
shall not make public the name or any other identifying	8633
information about a patient unless proper consent is given in	8634
accordance with rules adopted by the board. If the patient is less	8635
than eighteen years of age, the board shall obtain consent from	8636
the patient's parent, guardian, or custodian.	8637

Sec. 4765.11. (A) The state board of emergency medical,	8638
fire, and transportation services shall adopt, and may amend and	8639
rescind, rules in accordance with Chapter 119. of the Revised Code	8640
and division (C) of this section that establish all of the	8641
following:	8642

(1) Procedures for its governance and the control of its	8643
actions and business affairs;	8644

(2) Standards for the performance of emergency medical	8645
services by first responders, emergency medical technicians-basic,	8646
emergency medical technicians-intermediate, and emergency medical	8647
technicians-paramedic;	8648

(3) Application fees for certificates of accreditation,	8649
certificates of approval, certificates to teach, and certificates	8650
to practice, which shall be deposited into the trauma and	8651
emergency medical services fund created in section 4513.263 of the	8652
Revised Code;	8653

(4) Criteria for determining when the application or renewal	8654
fee for a certificate to practice may be waived because an	8655
applicant cannot afford to pay the fee;	8656

(5) Procedures for issuance and renewal of certificates of	8657
accreditation, certificates of approval, certificates to teach,	8658
and certificates to practice, including any procedures necessary	8659
to ensure that adequate notice of renewal is provided in	8660
accordance with division (D) of section 4765.30 of the Revised	8661
Code;	8662

(6) Procedures for suspending or revoking certificates of	8663
accreditation, certificates of approval, certificates to teach,	8664
and certificates to practice;	8665

(7) Grounds for suspension or revocation of a certificate to	8666
practice issued under section 4765.30 of the Revised Code and for	8667
taking any other disciplinary action against a first responder,	8668
EMT-basic, EMT-I, or paramedic;	8669

(8) Procedures for taking disciplinary action against a first	8670
responder, EMT-basic, EMT-I, or paramedic;	8671

(9) Standards for certificates of accreditation and	8672
certificates of approval;	8673

(10) Qualifications for certificates to teach;

8674

(11) Requirements for a certificate to practice;

8675

(12) The curricula, number of hours of instruction and	8676
training, and instructional materials to be used in adult and	8677
pediatric emergency medical services training programs and adult	8678
and pediatric emergency medical services continuing education	8679
programs;	8680

(13) Procedures for conducting courses in recognizing	8681
symptoms of life-threatening allergic reactions and in calculating	8682
proper dosage levels and administering injections of epinephrine	8683
to adult and pediatric patients who suffer life-threatening	8684
allergic reactions;	8685

(14) Examinations for certificates to practice;

8686

(15) Procedures for administering examinations for	8687
certificates to practice;	8688

(16) Procedures for approving examinations that demonstrate	8689
competence to have a certificate to practice renewed without	8690
completing an emergency medical services continuing education	8691
program;	8692

(17) Procedures for granting extensions and exemptions of	8693
emergency medical services continuing education requirements;	8694

(18) Procedures for approving the additional emergency	8695
medical services first responders are authorized by division (C)	8696
of section 4765.35 of the Revised Code to perform, EMTs-basic are	8697
authorized by division (C) of section 4765.37 of the Revised Code	8698
to perform, EMTs-I are authorized by division (B)(5) of section	8699
4765.38 of the Revised Code to perform, and paramedics are	8700
authorized by division (B)(6) of section 4765.39 of the Revised	8701
Code to perform;	8702

(19) Standards and procedures for implementing the	8703
requirements of section 4765.06 of the Revised Code, including	8704
designations of the persons who are required to report information	8705
to the board and the types of information to be reported;	8706

(20) Procedures for administering the emergency medical	8707
services grant program established under section 4765.07 of the	8708
Revised Code;	8709

(21) Procedures consistent with Chapter 119. of the Revised	8710
Code for appealing decisions of the board;	8711

(22) Minimum qualifications and peer review and quality	8712
improvement requirements for persons who provide medical direction	8713
to emergency medical service personnel;	8714

(23) The manner in which a patient, or a patient's parent,	8715
guardian, or custodian may consent to the board releasing	8716
identifying information about the patient under division (D) of	8717
section 4765.102 of the Revised Code;	8718

(24) Circumstances under which a training program or	8719
continuing education program, or portion of either type of	8720
program, may be taught by a person who does not hold a certificate	8721
to teach issued under section 4765.23 of the Revised Code;	8722

(25) Certification cycles for certificates issued under	8723
sections 4765.23 and 4765.30 of the Revised Code and certificates	8724
issued by the executive director of the state board of emergency	8725
medical, fire, and transportation services under section 4765.55	8726
of the Revised Code that establish a common expiration date for	8727
all certificates.	8728

(B) The board may adopt, and may amend and rescind, rules in	8729
accordance with Chapter 119. of the Revised Code and division (C)	8730
of this section that establish the following:	8731

(1) Specifications of information that may be collected under	8732
the trauma system registry and incidence reporting system created	8733
under section 4765.06 of the Revised Code;	8734

(2) Standards and procedures for implementing any of the	8735
recommendations made by any committees of the board or under	8736
section 4765.04 of the Revised Code;	8737

(3) Requirements that a person must meet to receive a	8738
certificate to practice as a first responder pursuant to division	8739
(A)(2) of section 4765.30 of the Revised Code;	8740

(4) Any other rules necessary to implement this chapter.

8741

(C) In developing and administering rules adopted under this	8742
chapter, the state board of emergency medical, fire, and	8743
transportation services shall consult with regional directors and	8744
regional physician advisory boards created by section 4765.05 of	8745
the Revised Code and emphasize the special needs of pediatric and	8746
geriatric patients.	8747

(D) Except as otherwise provided in this division, before	8748
adopting, amending, or rescinding any rule under this chapter, the	8749
board shall submit the proposed rule to the director of public	8750
safety for review. The director may review the proposed rule for	8751
not more than sixty days after the date it is submitted. If,	8752
within this sixty-day period, the director approves the proposed	8753
rule or does not notify the board that the rule is disapproved,	8754
the board may adopt, amend, or rescind the rule as proposed. If,	8755
within this sixty-day period, the director notifies the board that	8756
the proposed rule is disapproved, the board shall not adopt,	8757
amend, or rescind the rule as proposed unless at least twelve	8758
members of the board vote to adopt, amend, or rescind it.	8759

This division does not apply to an emergency rule adopted in	8760
accordance with section 119.03 of the Revised Code.	8761

Sec. 4765.111. Except as provided in this section or sections	8762
4765.112 to 4765.116 of the Revised Code, the state board of	8763
emergency medical, fire, and transportation services shall conduct	8764
disciplinary proceedings regarding the holder of a certificate	8765
issued under this chapter in accordance with rules adopted by the	8766
board under section 4765.11 of the Revised Code.	8767

The board and a holder of a certificate are the parties to a	8768
hearing conducted under this chapter. Either party may submit a	8769
written request to the other party for a list of witnesses and	8770
copies of documents intended to be introduced at the hearing. The	8771
request shall be in writing and shall be served not less than	8772
thirty-seven days prior to the commencement of the hearing, unless	8773
the hearing officer or presiding board member grants an extension	8774
of time to make the request. Not later than thirty days before the	8775
hearing, the responding party shall provide the requested list of	8776
witnesses and copies of documents to the requesting party, unless	8777
the hearing officer or presiding board member grants an extension	8778
of time to provide the list and copies.	8779

Failure to timely provide a list or copies requested in	8780
accordance with this section shall result in exclusion from the	8781
hearing of the witnesses, testimony, or documents.	8782

Sec. 4765.112. (A) The state board of emergency medical,	8783
fire, and transportation services, by an affirmative vote of the	8784
majority of its members, may suspend without a prior hearing a	8785
certificate to practice issued under this chapter if the board	8786
determines that there is clear and convincing evidence that	8787
continued practice by the certificate holder presents a danger of	8788
immediate and serious harm to the public and that the certificate	8789
holder has done any of the following:	8790

(1) Furnished false, fraudulent, or misleading information to	8791
the board;	8792

(2) Engaged in activities that exceed those permitted by the	8793
individual's certificate;	8794

(3) In a court of this or any other state or federal court	8795
been convicted of, pleaded guilty to, or been the subject of a	8796
judicial finding of guilt of, a judicial finding of guilt	8797
resulting from a plea of no contest to, or a judicial finding of	8798
eligibility for intervention in lieu of conviction for, a felony	8799
or for a misdemeanor committed in the course of practice or	8800
involving gross immorality or moral turpitude.	8801

(B) Immediately following the decision to impose a summary	8802
suspension, the board, in accordance with section 119.07 of the	8803
Revised Code, shall issue a written order of suspension, cause it	8804
to be delivered to the certificate holder, and notify the	8805
certificate holder of the opportunity for a hearing. If timely	8806
requested by the certificate holder, a hearing shall be conducted	8807
in accordance with section 4765.115 of the Revised Code.	8808

Sec. 4765.113. If the state board of emergency medical,	8809
fire, and transportation services imposes a suspension on the	8810
basis of a conviction, judicial finding, or plea as described in	8811
division (A)(3) of section 4765.112 of the Revised Code that is	8812
overturned on appeal, the certificate holder, on exhaustion of the	8813
criminal appeal process, may file with the board a petition for	8814
reconsideration of the suspension along with appropriate court	8815
documents. On receipt of the petition and documents, the board	8816
shall reinstate the certificate holder's certificate to practice.	8817

Sec. 4765.114. (A) A certificate to practice emergency	8818
medical services issued under this chapter is automatically	8819
suspended on the certificate holder's conviction of, plea of	8820
guilty to, or judicial finding of guilt of any of the following:	8821
aggravated murder, murder, voluntary manslaughter, felonious	8822
assault, kidnapping, rape, sexual battery, gross sexual	8823
imposition, aggravated arson, aggravated burglary, aggravated	8824
robbery, or a substantially equivalent offense committed in this	8825
or another jurisdiction. Continued practice after the suspension	8826
is practicing without a certificate.	8827

(B) If the state board of emergency medical, fire, and	8828
transportation services has knowledge that an automatic suspension	8829
has occurred, it shall notify, in accordance with section 119.07	8830
of the Revised Code, the certificate holder of the suspension and	8831
of the opportunity for a hearing. If timely requested by the	8832
certificate holder, a hearing shall be conducted in accordance	8833
with section 4765.115 of the Revised Code.	8834

Sec. 4765.115. (A) A suspension order issued under section	8835
4765.112 or automatic suspension under section 4765.114 of the	8836
Revised Code is not subject to suspension by a court prior to a	8837
hearing under this section or during the pendency of any appeal	8838
filed under section 119.12 of the Revised Code.	8839

(B) A suspension order issued under section 4765.112 or	8840
automatic suspension under section 4765.114 of the Revised Code	8841
remains in effect, unless reversed by the state board of emergency	8842
medical, fire, and transportation services, until a final	8843
adjudication order issued by the board pursuant to this section	8844
becomes effective.	8845

(C) Hearings requested pursuant to section 4765.112 or	8846
4765.114 of the Revised Code shall be conducted under this section	8847
in accordance with Chapter 119. of the Revised Code.	8848

(D) A hearing under this section shall be held not later than	8849
forty-five days but not earlier than forty days after the	8850
certificate holder requests it, unless another date is agreed to	8851
by the certificate holder and the board.	8852

(E) After completion of an adjudication hearing, the board	8853
may adopt, by an affirmative vote of the majority of its members,	8854
a final adjudication order that imposes any of the following	8855
sanctions:	8856

(1) Suspension of the holder's certificate to practice;

8857

(2) Revocation of the holder's certificate to practice;

8858

(3) Issuance of a written reprimand;

8859

(4) A refusal to renew or a limitation on the holder's	8860
certificate to practice.	8861

The board shall issue its final adjudication order not later	8862
than forty-five days after completion of an adjudication hearing.	8863
If the board does not issue a final order within that time period,	8864
the suspension order is void, but any final adjudication order	8865
subsequently issued is not affected.	8866

(F) Any action taken by the board under this section	8867
resulting in a suspension from practice shall be accompanied by a	8868
written statement of the conditions under which the certificate to	8869
practice may be reinstated. Reinstatement of a certificate	8870
suspended under this section requires an affirmative vote by the	8871
majority of the members of the board.	8872

(G) When the board revokes or refuses to reinstate a	8873
certificate to practice, the board may specify that its action is	8874
permanent. An individual subject to permanent action taken by the	8875
board is forever ineligible to hold a certificate of the type	8876
revoked or refused, and the board shall not accept from the	8877
individual an application for reinstatement of the certificate or	8878
for a new certificate.	8879

Sec. 4765.116. If a certificate holder subject to a	8880
suspension order issued by the state board of emergency medical,	8881
fire, and transportation services under section 4765.112 or an	8882
automatic suspension order under section 4765.114 of the Revised	8883
Code fails to make a timely request for a hearing, the following	8884
apply:	8885

(A) In the case of a certificate holder subject to a summary	8886
suspension order, the board is not required to hold a hearing, but	8887
may adopt, by an affirmative vote of a majority of its members, a	8888
final order that contains the board's findings. In the final	8889
order, the board may order any of the sanctions listed in division	8890
(E) of section 4765.115 of the Revised Code.	8891

(B) In the case of a certificate holder subject to an	8892
automatic suspension order, the board may adopt, by an affirmative	8893
vote of a majority of its members, a final order that permanently	8894
revokes the holder's certificate to practice.	8895

Sec. 4765.12. (A) Not later than two years after ~~the~~	8896
~~effective date of this section~~November 3, 2000, the state board	8897
of emergency medical, fire, and transportation services shall	8898
develop and distribute guidelines for the care of trauma victims	8899
by emergency medical service personnel and for the conduct of peer	8900
review and quality assurance programs by emergency medical service	8901
organizations. The guidelines shall be consistent with the state	8902
trauma triage protocols adopted in rules under sections 4765.11	8903
and 4765.40 of the Revised Code and shall place emphasis on the	8904
special needs of pediatric and geriatric trauma victims. In	8905
developing the guidelines, the board shall consult with entities	8906
with interests in trauma and emergency medical services and shall	8907
consider any relevant guidelines adopted by national	8908
organizations, including the American college of surgeons,	8909
American college of emergency physicians, and American academy of	8910
pediatrics. The board shall distribute the guidelines, and	8911
amendments to the guidelines, to each emergency medical service	8912
organization, regional director, regional physician advisory	8913
board, certified emergency medical service instructor, and person	8914
who regularly provides medical direction to emergency medical	8915
service personnel in this state.	8916

(B) Not later than three years after ~~the effective date of~~	8917
~~this section~~November 3, 2000, each emergency medical service	8918
organization in this state shall implement ongoing peer review and	8919
quality assurance programs designed to improve the availability	8920
and quality of the emergency medical services it provides. The	8921
form and content of the programs shall be determined by each	8922
emergency medical service organization. In implementing the	8923
programs, each emergency medical service organization shall	8924
consider how to improve its ability to provide effective trauma	8925
care, particularly for pediatric and geriatric trauma victims, and	8926
shall take into account the trauma care guidelines developed by	8927
the state board of emergency medical, fire, and transportation	8928
services under this section.	8929

Information generated solely for use in a peer review or	8930
quality assurance program conducted on behalf of an emergency	8931
medical service organization is not a public record under section	8932
149.43 of the Revised Code. Such information, and any discussion	8933
conducted in the course of a peer review or quality assurance	8934
program conducted on behalf of an emergency medical service	8935
organization, is not subject to discovery in a civil action and	8936
shall not be introduced into evidence in a civil action against	8937
the emergency medical service organization on whose behalf the	8938
information was generated or the discussion occurred.	8939

No emergency medical service organization on whose behalf a	8940
peer review or quality assurance program is conducted, and no	8941
person who conducts such a program, because of performing such	8942
functions, shall be liable in a civil action for betrayal of	8943
professional confidence or otherwise in the absence of willful or	8944
wanton misconduct.	8945

Sec. 4765.15. A person seeking to operate an emergency	8946
medical services training program shall submit a completed	8947
application for accreditation to the state board of emergency	8948
medical, fire, and transportation services on a form the board	8949
shall prescribe and furnish. The application shall be accompanied	8950
by the appropriate application fee established in rules adopted	8951
under section 4765.11 of the Revised Code.	8952

A person seeking to operate an emergency medical services	8953
continuing education program shall submit a completed application	8954
for approval to the board on a form the board shall prescribe and	8955
furnish. The application shall be accompanied by the appropriate	8956
application fee established in rules adopted under section 4765.11	8957
of the Revised Code.	8958

The board shall administer the accreditation and approval	8959
processes pursuant to rules adopted under section 4765.11 of the	8960
Revised Code. In administering these processes, the board may	8961
authorize other persons to evaluate applications for accreditation	8962
or approval and may accept the recommendations made by those	8963
persons.	8964

The board may cause an investigation to be made into the	8965
accuracy of the information submitted in any application for	8966
accreditation or approval. If an investigation indicates that	8967
false, misleading, or incomplete information has been submitted to	8968
the board in connection with any application for accreditation or	8969
approval, the board shall conduct a hearing on the matter in	8970
accordance with Chapter 119. of the Revised Code.	8971

Sec. 4765.16. (A) All courses offered through an emergency	8972
medical services training program or an emergency medical services	8973
continuing education program, other than ambulance driving, shall	8974
be developed under the direction of a physician who specializes in	8975
emergency medicine. Each course that deals with trauma care shall	8976
be developed in consultation with a physician who specializes in	8977
trauma surgery. Except as specified by the state board of	8978
emergency medical, fire, and transportation services pursuant to	8979
rules adopted under section 4765.11 of the Revised Code, each	8980
course offered through a training program or continuing education	8981
program shall be taught by a person who holds the appropriate	8982
certificate to teach issued under section 4765.23 of the Revised	8983
Code.	8984

(B) A training program for first responders shall meet the	8985
standards established in rules adopted by the board under section	8986
4765.11 of the Revised Code. The program shall include courses in	8987
both of the following areas for at least the number of hours	8988
established by the board's rules:	8989

(1) Emergency victim care;

8990

(2) Reading and interpreting a trauma victim's vital signs.

8991

(C) A training program for emergency medical	8992
technicians-basic shall meet the standards established in rules	8993
adopted by the board under section 4765.11 of the Revised Code.	8994
The program shall include courses in each of the following areas	8995
for at least the number of hours established by the board's rules:	8996

(1) Emergency victim care;

8997

(2) Reading and interpreting a trauma victim's vital signs;

8998

(3) Triage protocols for adult and pediatric trauma victims;

8999

(4) In-hospital training;

9000

(5) Clinical training;

9001

(6) Training as an ambulance driver.

9002

Each operator of a training program for emergency medical	9003
technicians-basic shall allow any pupil in the twelfth grade in a	9004
secondary school who is at least seventeen years old and who	9005
otherwise meets the requirements for admission into such a	9006
training program to be admitted to and complete the program and,	9007
as part of the training, to ride in an ambulance with emergency	9008
medical technicians-basic, emergency medical	9009
technicians-intermediate, and emergency medical	9010
technicians-paramedic. Each emergency medical service organization	9011
shall allow pupils participating in training programs to ride in	9012
an ambulance with emergency medical technicians-basic, advanced	9013
emergency medical technicians-intermediate, and emergency medical	9014
technicians-paramedic.	9015

(D) A training program for emergency medical	9016
technicians-intermediate shall meet the standards established in	9017
rules adopted by the board under section 4765.11 of the Revised	9018
Code. The program shall include, or require as a prerequisite, the	9019
training specified in division (C) of this section and courses in	9020
each of the following areas for at least the number of hours	9021
established by the board's rules:	9022

(1) Recognizing symptoms of life-threatening allergic	9023
reactions and in calculating proper dosage levels and	9024
administering injections of epinephrine to persons who suffer	9025
life-threatening allergic reactions, conducted in accordance with	9026
rules adopted by the board under section 4765.11 of the Revised	9027
Code;	9028

(2) Venous access procedures;

9029

(3) Cardiac monitoring and electrical interventions to	9030
support or correct the cardiac function.	9031

(E) A training program for emergency medical	9032
technicians-paramedic shall meet the standards established in	9033
rules adopted by the board under section 4765.11 of the Revised	9034
Code. The program shall include, or require as a prerequisite, the	9035
training specified in divisions (C) and (D) of this section and	9036
courses in each of the following areas for at least the number of	9037
hours established by the board's rules:	9038

(1) Medical terminology;

9039

(2) Venous access procedures;

9040

(3) Airway procedures;

9041

(4) Patient assessment and triage;

9042

(5) Acute cardiac care, including administration of	9043
parenteral injections, electrical interventions, and other	9044
emergency medical services;	9045

(6) Emergency and trauma victim care beyond that required	9046
under division (C) of this section;	9047

(7) Clinical training beyond that required under division (C)	9048
of this section.	9049

(F) A continuing education program for first responders,	9050
EMTs-basic, EMTs-I, or paramedics shall meet the standards	9051
established in rules adopted by the board under section 4765.11 of	9052
the Revised Code. A continuing education program shall include	9053
instruction and training in subjects established by the board's	9054
rules for at least the number of hours established by the board's	9055
rules.	9056

Sec. 4765.17. (A) The state board of emergency medical,	9057
fire, and transportation services shall issue the appropriate	9058
certificate of accreditation or certificate of approval to an	9059
applicant who is of good reputation and meets the requirements of	9060
section 4765.16 of the Revised Code. The board shall grant or deny	9061
a certificate of accreditation or certificate of approval within	9062
one hundred twenty days of receipt of the application. The board	9063
may issue or renew a certificate of accreditation or certificate	9064
of approval on a provisional basis to an applicant who is of good	9065
reputation and is in substantial compliance with the requirements	9066
of section 4765.16 of the Revised Code. The board shall inform an	9067
applicant receiving such a certificate of the conditions that must	9068
be met to complete compliance with section 4765.16 of the Revised	9069
Code.	9070

(B) Except as provided in division (C) of this section, a	9071
certificate of accreditation or certificate of approval is valid	9072
for up to five years and may be renewed by the board pursuant to	9073
procedures and standards established in rules adopted under	9074
section 4765.11 of the Revised Code. An application for renewal	9075
shall be accompanied by the appropriate renewal fee established in	9076
rules adopted under section 4765.11 of the Revised Code.	9077

(C) A certificate of accreditation or certificate of approval	9078
issued on a provisional basis is valid for the length of time	9079
established by the board. If the board finds that the holder of	9080
such a certificate has met the conditions it specifies under	9081
division (A) of this section, the board shall issue the	9082
appropriate certificate of accreditation or certificate of	9083
approval.	9084

(D) A certificate of accreditation is valid only for the	9085
emergency medical services training program or programs for which	9086
it is issued. The holder of a certificate of accreditation may	9087
apply to operate additional training programs in accordance with	9088
rules adopted by the board under section 4765.11 of the Revised	9089
Code. Any additional training programs shall expire on the	9090
expiration date of the applicant's current certificate. A	9091
certificate of approval is valid only for the emergency medical	9092
services continuing education program for which it is issued.	9093
Neither is transferable.	9094

(E) The holder of a certificate of accreditation or a	9095
certificate of approval may offer courses at more than one	9096
location in accordance with rules adopted under section 4765.11 of	9097
the Revised Code.	9098

Sec. 4765.18. The state board of emergency medical, fire,	9099
and transportation services may suspend or revoke a certificate of	9100
accreditation or a certificate of approval issued under section	9101
4765.17 of the Revised Code for any of the following reasons:	9102

(A) Violation of this chapter or any rule adopted under it;

9103

(B) Furnishing of false, misleading, or incomplete	9104
information to the board;	9105

(C) The signing of an application or the holding of a	9106
certificate of accreditation by a person who has pleaded guilty to	9107
or has been convicted of a felony, or has pleaded guilty to or	9108
been convicted of a crime involving moral turpitude;	9109

(D) The signing of an application or the holding of a	9110
certificate of accreditation by a person who is addicted to the	9111
use of any controlled substance or has been adjudicated	9112
incompetent for that purpose by a court, as provided in section	9113
5122.301 of the Revised Code;	9114

(E) Violation of any commitment made in an application for a	9115
certificate of accreditation or certificate of approval;	9116

(F) Presentation to prospective students of misleading,	9117
false, or fraudulent information relating to the emergency medical	9118
services training program or emergency medical services continuing	9119
education program, employment opportunities, or opportunities for	9120
enrollment in accredited institutions of higher education after	9121
entering or completing courses offered by the operator of a	9122
program;	9123

(G) Failure to maintain in a safe and sanitary condition	9124
premises and equipment used in conducting courses of study;	9125

(H) Failure to maintain financial resources adequate for the	9126
satisfactory conduct of courses of study or to retain a sufficient	9127
number of certified instructors;	9128

(I) Discrimination in the acceptance of students upon the	9129
basis of race, color, religion, sex, or national origin.	9130

Sec. 4765.22. A person seeking a certificate to teach in an	9131
emergency medical services training program or an emergency	9132
medical services continuing education program shall submit a	9133
completed application for certification to the state board of	9134
emergency medical, fire, and transportation services on a form the	9135
board shall prescribe and furnish. The application shall be	9136
accompanied by the appropriate application fee established in	9137
rules adopted under section 4765.11 of the Revised Code.	9138

Sec. 4765.23. The state board of emergency medical, fire,	9139
and transportation services shall issue a certificate to teach in	9140
an emergency medical services training program or an emergency	9141
medical services continuing education program to any applicant who	9142
it determines meets the qualifications established in rules	9143
adopted under section 4765.11 of the Revised Code. The certificate	9144
shall indicate each type of instruction and training the	9145
certificate holder may teach under the certificate.	9146

A certificate to teach shall have a certification cycle	9147
established by the board and may be renewed by the board pursuant	9148
to rules adopted under section 4765.11 of the Revised Code. An	9149
application for renewal shall be accompanied by the appropriate	9150
renewal fee established in rules adopted under section 4765.11 of	9151
the Revised Code.	9152

The board may suspend or revoke a certificate to teach	9153
pursuant to rules adopted under section 4765.11 of the Revised	9154
Code.	9155

Sec. 4765.28. A person seeking a certificate to practice as	9156
a first responder, emergency medical technician-basic, emergency	9157
medical technician-intermediate, or emergency medical	9158
technician-paramedic shall submit a completed application for	9159
certification to the state board of emergency medical, fire, and	9160
transportation services on a form the board shall prescribe and	9161
furnish. Except as provided in division (B) of section 4765.29 of	9162
the Revised Code, the application shall include evidence that the	9163
applicant received the appropriate certificate of completion	9164
pursuant to section 4765.24 of the Revised Code. The application	9165
shall be accompanied by the appropriate application fee	9166
established in rules adopted under section 4765.11 of the Revised	9167
Code, unless the board waives the fee on determining pursuant to	9168
those rules that the applicant cannot afford to pay the fee.	9169

Sec. 4765.29. (A) The state board of emergency medical,	9170
fire, and transportation services shall provide for the	9171
examination of applicants for certification to practice as first	9172
responders, emergency medical technicians-basic, emergency medical	9173
technicians-intermediate, and emergency medical	9174
technicians-paramedic. The examinations shall be established by	9175
the board in rules adopted under section 4765.11 of the Revised	9176
Code. The board may administer the examinations or contract with	9177
other persons to administer the examinations. In either case, the	9178
examinations shall be administered pursuant to procedures	9179
established in rules adopted under section 4765.11 of the Revised	9180
Code and shall be offered at various locations in the state	9181
selected by the board.	9182

Except as provided in division (B) of this section, an	9183
applicant shall not be permitted to take an examination for the	9184
same certificate to practice more than three times since last	9185
receiving the certificate of completion pursuant to section	9186
4765.24 of the Revised Code that qualifies the applicant to take	9187
the examination unless the applicant receives another certificate	9188
of completion that qualifies the applicant to take the	9189
examination.	9190

(B) On request of an applicant who fails three examinations	9191
for the same certificate to practice, the board may direct the	9192
applicant to complete a specific portion of an accredited	9193
emergency medical services training program. If the applicant	9194
provides satisfactory proof to the board that the applicant has	9195
successfully completed that portion of the program, the applicant	9196
shall be permitted to take the examination.	9197

Sec. 4765.30. (A)(1) The state board of emergency medical,	9198
fire, and transportation services shall issue a certificate to	9199
practice as a first responder to an applicant who meets all of the	9200
following conditions:	9201

(a) Except as provided in division (A)(2) of this section, is	9202
a volunteer for a nonprofit emergency medical service organization	9203
or a nonprofit fire department;	9204

(b) Holds the appropriate certificate of completion issued in	9205
accordance with section 4765.24 of the Revised Code;	9206

(c) Passes the appropriate examination conducted under	9207
section 4765.29 of the Revised Code;	9208

(d) Is not in violation of any provision of this chapter or	9209
the rules adopted under it;	9210

(e) Meets any other certification requirements established in	9211
rules adopted under section 4765.11 of the Revised Code.	9212

(2) The board may waive the requirement to be a volunteer for	9213
a nonprofit entity if the applicant meets other requirements	9214
established in rules adopted under division (B)(3) of section	9215
4765.11 of the Revised Code relative to a person's eligibility to	9216
practice as a first responder.	9217

(B) The state board of emergency medical, fire, and	9218
transportation services shall issue a certificate to practice as	9219
an emergency medical technician-basic to an applicant who meets	9220
all of the following conditions:	9221

(1) Holds a certificate of completion in emergency medical	9222
services training-basic issued in accordance with section 4765.24	9223
of the Revised Code;	9224

(2) Passes the examination for emergency medical	9225
technicians-basic conducted under section 4765.29 of the Revised	9226
Code;	9227

(3) Is not in violation of any provision of this chapter or	9228
the rules adopted under it;	9229

(4) Meets any other certification requirements established in	9230
rules adopted under section 4765.11 of the Revised Code.	9231

(C) The state board of emergency medical, fire, and	9232
transportation services shall issue a certificate to practice as	9233
an emergency medical technician-intermediate or emergency medical	9234
technician-paramedic to an applicant who meets all of the	9235
following conditions:	9236

(1) Holds a certificate to practice as an emergency medical	9237
technician-basic;	9238

(2) Holds the appropriate certificate of completion issued in	9239
accordance with section 4765.24 of the Revised Code;	9240

(3) Passes the appropriate examination conducted under	9241
section 4765.29 of the Revised Code;	9242

(4) Is not in violation of any provision of this chapter or	9243
the rules adopted under it;	9244

(5) Meets any other certification requirements established in	9245
rules adopted under section 4765.11 of the Revised Code.	9246

(D) A certificate to practice shall have a certification	9247
cycle established by the board and may be renewed by the board	9248
pursuant to rules adopted under section 4765.11 of the Revised	9249
Code. Not later than sixty days prior to the expiration date of an	9250
individual's certificate to practice, the board shall notify the	9251
individual of the scheduled expiration.	9252

An application for renewal shall be accompanied by the	9253
appropriate renewal fee established in rules adopted under section	9254
4765.11 of the Revised Code, unless the board waives the fee on	9255
determining pursuant to those rules that the applicant cannot	9256
afford to pay the fee. Except as provided in division (B) of	9257
section 4765.31 of the Revised Code, the application shall include	9258
evidence of either of the following:	9259

(1) That the applicant received a certificate of completion	9260
from the appropriate emergency medical services continuing	9261
education program pursuant to section 4765.24 of the Revised Code;	9262

(2) That the applicant has successfully passed an examination	9263
that demonstrates the competence to have a certificate renewed	9264
without completing an emergency medical services continuing	9265
education program. The board shall approve such examinations in	9266
accordance with rules adopted under section 4765.11 of the Revised	9267
Code.	9268

(E) The board shall not require an applicant for renewal of a	9269
certificate to practice to take an examination as a condition of	9270
renewing the certificate. This division does not preclude the use	9271
of examinations by operators of approved emergency medical	9272
services continuing education programs as a condition for issuance	9273
of a certificate of completion in emergency medical services	9274
continuing education.	9275

Sec. 4765.31. (A) Except as provided in division (B) of this	9276
section, a first responder, emergency medical technician-basic,	9277
emergency medical technician-intermediate, and emergency medical	9278
technician-paramedic shall complete an emergency medical services	9279
continuing education program or pass an examination approved by	9280
the state board of emergency medical, fire, and transportation	9281
services under division (A) of section 4765.10 of the Revised Code	9282
prior to the expiration of the individual's certificate to	9283
practice. Completion of the continuing education requirements for	9284
EMTs-I or paramedics satisfies the continuing education	9285
requirements for renewing the certificate to practice as an	9286
EMT-basic held by an EMT-I or paramedic.	9287

(B)(1) An applicant for renewal of a certificate to practice	9288
may apply to the board, in writing, for an extension to complete	9289
the continuing education requirements established under division	9290
(A) of this section. The board may grant such an extension and	9291
determine the length of the extension. The board may authorize the	9292
applicant to continue to practice during the extension as if the	9293
certificate to practice had not expired.	9294

(2) An applicant for renewal of a certificate to practice may	9295
apply to the board, in writing, for an exemption from the	9296
continuing education requirements established under division (A)	9297
of this section. The board may exempt an individual or a group of	9298
individuals from all or any part of the continuing education	9299
requirements due to active military service, unusual circumstance,	9300
emergency, special hardship, or any other cause considered	9301
reasonable by the board.	9302

(C) Decisions of whether to grant an extension or exemption	9303
under division (B) of this section shall be made by the board	9304
pursuant to procedures established in rules adopted under section	9305
4765.11 of the Revised Code.	9306

Sec. 4765.32. A current, valid certificate of accreditation	9307
issued under the provisions of former section 3303.11 or 3303.23	9308
of the Revised Code shall remain valid until one year after the	9309
expiration date of the certificate as determined by the provisions	9310
of those sections and shall confer the same privileges and impose	9311
the same responsibilities and requirements as a certificate of	9312
accreditation issued by the state board of emergency medical,	9313
fire, and transportation services under section 4765.17 of the	9314
Revised Code.	9315

A certificate to practice as an emergency medical	9316
technician-ambulance that is valid on November 24, 1995, shall be	9317
considered a certificate to practice as an emergency medical	9318
technician-basic. A certificate to practice as an advanced	9319
emergency medical technician-ambulance that is valid on November	9320
24, 1995, shall be considered a certificate to practice as an	9321
emergency medical technician-intermediate.	9322

Sec. 4765.33. The state board of emergency medical, fire,	9323
and transportation services may suspend or revoke certificates to	9324
practice issued under section 4765.30 of the Revised Code, and may	9325
take other disciplinary action against first responders, emergency	9326
medical technicians-basic, emergency medical	9327
technicians-intermediate, and emergency medical	9328
technicians-paramedic pursuant to rules adopted under section	9329
4765.11 of the Revised Code.	9330

Sec. 4765.37. (A) An emergency medical technician-basic	9331
shall perform the emergency medical services described in this	9332
section in accordance with this chapter and any rules adopted	9333
under it by the state board of emergency medical, fire, and	9334
transportation services.	9335

(B) An emergency medical technician-basic may operate, or be	9336
responsible for operation of, an ambulance and may provide	9337
emergency medical services to patients. In an emergency, an	9338
EMT-basic may determine the nature and extent of illness or injury	9339
and establish priority for required emergency medical services. An	9340
EMT-basic may render emergency medical services such as opening	9341
and maintaining an airway, giving positive pressure ventilation,	9342
cardiac resuscitation, electrical interventions with automated	9343
defibrillators to support or correct the cardiac function and	9344
other methods determined by the board, controlling of hemorrhage,	9345
treatment of shock, immobilization of fractures, bandaging,	9346
assisting in childbirth, management of mentally disturbed	9347
patients, initial care of poison and burn patients, and	9348
determining triage of adult and pediatric trauma victims. Where	9349
patients must in an emergency be extricated from entrapment, an	9350
EMT-basic may assess the extent of injury and render all possible	9351
emergency medical services and protection to the entrapped	9352
patient; provide light rescue services if an ambulance has not	9353
been accompanied by a specialized unit; and after extrication,	9354
provide additional care in sorting of the injured in accordance	9355
with standard emergency procedures.	9356

(C) An EMT-basic may perform any other emergency medical	9357
services approved pursuant to rules adopted under section 4765.11	9358
of the Revised Code. The board shall determine whether the nature	9359
of any such service requires that an EMT-basic receive	9360
authorization prior to performing the service.	9361

(D)(1) Except as provided in division (D)(2) of this section,	9362
if the board determines under division (C) of this section that a	9363
service requires prior authorization, the service shall be	9364
performed only pursuant to the written or verbal authorization of	9365
a physician or of the cooperating physician advisory board, or	9366
pursuant to an authorization transmitted through a direct	9367
communication device by a physician, physician assistant	9368
designated by a physician, or registered nurse designated by a	9369
physician.	9370

(2) If communications fail during an emergency situation or	9371
the required response time prohibits communication, an EMT-basic	9372
may perform services subject to this division, if, in the judgment	9373
of the EMT-basic, the life of the patient is in immediate danger.	9374
Services performed under these circumstances shall be performed in	9375
accordance with the protocols for triage of adult and pediatric	9376
trauma victims established in rules adopted under sections 4765.11	9377
and 4765.40 of the Revised Code and any applicable protocols	9378
adopted by the emergency medical service organization with which	9379
the EMT-basic is affiliated.	9380

Sec. 4765.38. (A) An emergency medical	9381
technician-intermediate shall perform the emergency medical	9382
services described in this section in accordance with this chapter	9383
and any rules adopted under it.	9384

(B) An EMT-I may do any of the following:

9385

(1) Establish and maintain an intravenous lifeline that has	9386
been approved by a cooperating physician or physician advisory	9387
board;	9388

(2) Perform cardiac monitoring;

9389

(3) Perform electrical interventions to support or correct	9390
the cardiac function;	9391

(4) Administer epinephrine;

9392

(5) Determine triage of adult and pediatric trauma victims;

9393

(6) Perform any other emergency medical services approved	9394
pursuant to rules adopted under section 4765.11 of the Revised	9395
Code.	9396

(C)(1) Except as provided in division (C)(2) of this section,	9397
the services described in division (B) of this section shall be	9398
performed by an EMT-I only pursuant to the written or verbal	9399
authorization of a physician or of the cooperating physician	9400
advisory board, or pursuant to an authorization transmitted	9401
through a direct communication device by a physician, physician	9402
assistant designated by a physician, or registered nurse	9403
designated by a physician.	9404

(2) If communications fail during an emergency situation or	9405
the required response time prohibits communication, an EMT-I may	9406
perform any of the services described in division (B) of this	9407
section, if, in the judgment of the EMT-I, the life of the patient	9408
is in immediate danger. Services performed under these	9409
circumstances shall be performed in accordance with the protocols	9410
for triage of adult and pediatric trauma victims established in	9411
rules adopted under sections 4765.11 and 4765.40 of the Revised	9412
Code and any applicable protocols adopted by the emergency medical	9413
service organization with which the EMT-I is affiliated.	9414

(D) In addition to, and in the course of, providing emergency	9415
medical treatment, an emergency medical technician-intermediate	9416
may withdraw blood as provided under sections 1547.11, 4506.17,	9417
and 4511.19 of the Revised Code. An emergency medical	9418
technician-intermediate shall withdraw blood in accordance with	9419
this chapter and any rules adopted under it by the state board of	9420
emergency medical, fire, and transportation services.	9421

Sec. 4765.39. (A) An emergency medical technician-paramedic	9422
shall perform the emergency medical services described in this	9423
section in accordance with this chapter and any rules adopted	9424
under it.	9425

(B) A paramedic may do any of the following:

9426

(1) Perform cardiac monitoring;

9427

(2) Perform electrical interventions to support or correct	9428
the cardiac function;	9429

(3) Perform airway procedures;

9430

(4) Perform relief of pneumothorax;

9431

(5) Administer appropriate drugs and intravenous fluids;

9432

(6) Determine triage of adult and pediatric trauma victims;

9433

(7) Perform any other emergency medical services, including	9434
life support or intensive care techniques, approved pursuant to	9435
rules adopted under section 4765.11 of the Revised Code.	9436

(C)(1) Except as provided in division (C)(2) of this section,	9437
the services described in division (B) of this section shall be	9438
performed by a paramedic only pursuant to the written or verbal	9439
authorization of a physician or of the cooperating physician	9440
advisory board, or pursuant to an authorization transmitted	9441
through a direct communication device by a physician, physician	9442
assistant designated by a physician, or registered nurse	9443
designated by a physician.	9444

(2) If communications fail during an emergency situation or	9445
the required response time prohibits communication, a paramedic	9446
may perform any of the services described in division (B) of this	9447
section, if, in the paramedic's judgment, the life of the patient	9448
is in immediate danger. Services performed under these	9449
circumstances shall be performed in accordance with the protocols	9450
for triage of adult and pediatric trauma victims established in	9451
rules adopted under sections 4765.11 and 4765.40 of the Revised	9452
Code and any applicable protocols adopted by the emergency medical	9453
service organization with which the paramedic is affiliated.	9454

(D) In addition to, and in the course of, providing emergency	9455
medical treatment, an emergency medical technician-paramedic may	9456
withdraw blood as provided under sections 1547.11, 4506.17, and	9457
4511.19 of the Revised Code. An emergency medical	9458
technician-paramedic shall withdraw blood in accordance with this	9459
chapter and any rules adopted under it by the state board of	9460
emergency medical, fire, and transportation services.	9461

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	9462
~~effective date of this amendment~~November 3, 2000, the state board	9463
of emergency medical, fire, and transportation services shall	9464
adopt rules under section 4765.11 of the Revised Code establishing	9465
written protocols for the triage of adult and pediatric trauma	9466
victims. The rules shall define adult and pediatric trauma in a	9467
manner that is consistent with section 4765.01 of the Revised	9468
Code, minimizes overtriage and undertriage, and emphasizes the	9469
special needs of pediatric and geriatric trauma patients.	9470

(2) The state triage protocols adopted under division (A) of	9471
this section shall require a trauma victim to be transported	9472
directly to an adult or pediatric trauma center that is qualified	9473
to provide appropriate adult or pediatric trauma care, unless one	9474
or more of the following exceptions applies:	9475

(a) It is medically necessary to transport the victim to	9476
another hospital for initial assessment and stabilization before	9477
transfer to an adult or pediatric trauma center;	9478

(b) It is unsafe or medically inappropriate to transport the	9479
victim directly to an adult or pediatric trauma center due to	9480
adverse weather or ground conditions or excessive transport time;	9481

(c) Transporting the victim to an adult or pediatric trauma	9482
center would cause a shortage of local emergency medical service	9483
resources;	9484

(d) No appropriate adult or pediatric trauma center is able	9485
to receive and provide adult or pediatric trauma care to the	9486
trauma victim without undue delay;	9487

(e) Before transport of a patient begins, the patient	9488
requests to be taken to a particular hospital that is not a trauma	9489
center or, if the patient is less than eighteen years of age or is	9490
not able to communicate, such a request is made by an adult member	9491
of the patient's family or a legal representative of the patient.	9492

(3)(a) The state triage protocols adopted under division (A)	9493
of this section shall require trauma patients to be transported to	9494
an adult or pediatric trauma center that is able to provide	9495
appropriate adult or pediatric trauma care, but shall not require	9496
a trauma patient to be transported to a particular trauma center.	9497
The state triage protocols shall establish one or more procedures	9498
for evaluating whether an injury victim requires or would benefit	9499
from adult or pediatric trauma care, which procedures shall be	9500
applied by emergency medical service personnel based on the	9501
patient's medical needs. In developing state trauma triage	9502
protocols, the board shall consider relevant model triage rules	9503
and shall consult with the commission on minority health, regional	9504
directors, regional physician advisory boards, and appropriate	9505
medical, hospital, and emergency medical service organizations.	9506

(b) Before the joint committee on agency rule review	9507
considers state triage protocols for trauma victims proposed by	9508
the state board of emergency medical, fire, and transportation	9509
services, or amendments thereto, the board shall send a copy of	9510
the proposal to the Ohio chapter of the American college of	9511
emergency physicians, the Ohio chapter of the American college of	9512
surgeons, the Ohio chapter of the American academy of pediatrics,	9513
OHA: the association for hospitals and health systems, the Ohio	9514
osteopathic association, and the association of Ohio children's	9515
hospitals and shall hold a public hearing at which it must	9516
consider the appropriateness of the protocols to minimize	9517
overtriage and undertriage of trauma victims.	9518

(c) The board shall provide copies of the state triage	9519
protocols, and amendments to the protocols, to each emergency	9520
medical service organization, regional director, regional	9521
physician advisory board, certified emergency medical service	9522
instructor, and person who regularly provides medical direction to	9523
emergency medical service personnel in the state; to each medical	9524
service organization in other jurisdictions that regularly provide	9525
emergency medical services in this state; and to others upon	9526
request.	9527

(B)(1) The state board of emergency medical, fire, and	9528
transportation services shall approve regional protocols for the	9529
triage of adult and pediatric trauma victims, and amendments to	9530
such protocols, that are submitted to the board as provided in	9531
division (B)(2) of this section and provide a level of adult and	9532
pediatric trauma care comparable to the state triage protocols	9533
adopted under division (A) of this section. The board shall not	9534
otherwise approve regional triage protocols for trauma victims.	9535
The board shall not approve regional triage protocols for regions	9536
that overlap and shall resolve any such disputes by apportioning	9537
the overlapping territory among appropriate regions in a manner	9538
that best serves the medical needs of the residents of that	9539
territory. The trauma committee of the board shall have reasonable	9540
opportunity to review and comment on regional triage protocols and	9541
amendments to such protocols before the board approves or	9542
disapproves them.	9543

(2) Regional protocols for the triage of adult and pediatric	9544
trauma victims, and amendments to such protocols, shall be	9545
submitted in writing to the state board of emergency medical,	9546
fire, and transportation services by the regional physician	9547
advisory board or regional director, as appropriate, that serves a	9548
majority of the population in the region in which the protocols	9549
apply. Prior to submitting regional triage protocols, or an	9550
amendment to such protocols, to the state board of emergency	9551
medical, fire, and transportation services, a regional physician	9552
advisory board or regional director shall consult with each of the	9553
following that regularly serves the region in which the protocols	9554
apply:	9555

(a) Other regional physician advisory boards and regional	9556
directors;	9557

(b) Hospitals that operate an emergency facility;

9558

9559

(d) Professional societies of physicians who specialize in	9560
adult or pediatric emergency medicine or adult or pediatric trauma	9561
surgery;	9562

(e) Professional societies of nurses who specialize in adult	9563
or pediatric emergency nursing or adult or pediatric trauma	9564
surgery;	9565

(f) Professional associations or labor organizations of	9566
emergency medical service personnel;	9567

(g) Emergency medical service organizations and medical	9568
directors of such organizations;	9569

(h) Certified emergency medical service instructors.

9570

(3) Regional protocols for the triage of adult and pediatric	9571
trauma victims approved under division (B)(2) of this section	9572
shall require patients to be transported to a trauma center that	9573
is able to provide an appropriate level of adult or pediatric	9574
trauma care; shall not discriminate among trauma centers for	9575
reasons not related to a patient's medical needs; shall seek to	9576
minimize undertriage and overtriage; may include any of the	9577
exceptions in division (A)(2) of this section; and supersede the	9578
state triage protocols adopted under division (A) of this section	9579
in the region in which the regional protocols apply.	9580

(4) Upon approval of regional protocols for the triage of	9581
adult and pediatric trauma victims under division (B)(2) of this	9582
section, or an amendment to such protocols, the state board of	9583
emergency medical, fire, and transportation services shall provide	9584
written notice of the approval and a copy of the protocols or	9585
amendment to each entity in the region in which the protocols	9586
apply to which the board is required to send a copy of the state	9587
triage protocols adopted under division (A) of this section.	9588

(C)(1) The state board of emergency medical, fire, and	9589
transportation services shall review the state triage protocols	9590
adopted under division (A) of this section at least every three	9591
years to determine if they are causing overtriage or undertriage	9592
of trauma patients, and shall modify them as necessary to minimize	9593
overtriage and undertriage.	9594

(2) Each regional physician advisory board or regional	9595
director that has had regional triage protocols approved under	9596
division (B)(2) of this section shall review the protocols at	9597
least every three years to determine if they are causing	9598
overtriage or undertriage of trauma patients and shall submit an	9599
appropriate amendment to the state board, as provided in division	9600
(B) of this section, as necessary to minimize overtriage and	9601
undertriage. The state board shall approve the amendment if it	9602
will reduce overtriage or undertriage while complying with	9603
division (B) of this section, and shall not otherwise approve the	9604
amendment.	9605

(D) No provider of emergency medical services or person who	9606
provides medical direction to emergency medical service personnel	9607
in this state shall fail to comply with the state triage protocols	9608
adopted under division (A) of this section or applicable regional	9609
triage protocols approved under division (B)(2) of this section.	9610

(E) The state board of emergency medical, fire, and	9611
transportation services shall adopt rules under section 4765.11 of	9612
the Revised Code that provide for enforcement of the state triage	9613
protocols adopted under division (A) of this section and regional	9614
triage protocols approved under division (B)(2) of this section,	9615
and for education regarding those protocols for emergency medical	9616
service organizations and personnel, regional directors and	9617
regional physician advisory boards, emergency medical service	9618
instructors, and persons who regularly provide medical direction	9619
to emergency medical service personnel in this state.	9620

Sec. 4765.42. Each emergency medical service organization	9621
shall give notice of the name of its medical director or the names	9622
of the members of its cooperating physician advisory board to the	9623
state board of emergency medical, fire, and transportation	9624
services. The notice shall be made in writing.	9625

Sec. 4765.48. The attorney general, the prosecuting attorney	9626
of the county, or the city director of law shall, upon complaint	9627
of the state board of emergency medical, fire, and transportation	9628
services, prosecute to termination or bring an action for	9629
injunction against any person violating this chapter or the rules	9630
adopted under it. The common pleas court in which an action for	9631
injunction is filed has the jurisdiction to grant injunctive	9632
relief upon a showing that the respondent named in the complaint	9633
is in violation of this chapter or the rules adopted under it.	9634

Sec. 4765.49. (A) A first responder, emergency medical	9635
technician-basic, emergency medical technician-intermediate, or	9636
emergency medical technician-paramedic is not liable in damages in	9637
a civil action for injury, death, or loss to person or property	9638
resulting from the individual's administration of emergency	9639
medical services, unless the services are administered in a manner	9640
that constitutes willful or wanton misconduct. A physician,	9641
physician assistant designated by a physician, or registered nurse	9642
designated by a physician, any of whom is advising or assisting in	9643
the emergency medical services by means of any communication	9644
device or telemetering system, is not liable in damages in a civil	9645
action for injury, death, or loss to person or property resulting	9646
from the individual's advisory communication or assistance, unless	9647
the advisory communication or assistance is provided in a manner	9648
that constitutes willful or wanton misconduct. Medical directors	9649
and members of cooperating physician advisory boards of emergency	9650
medical service organizations are not liable in damages in a civil	9651
action for injury, death, or loss to person or property resulting	9652
from their acts or omissions in the performance of their duties,	9653
unless the act or omission constitutes willful or wanton	9654
misconduct.	9655

(B) A political subdivision, joint ambulance district, joint	9656
emergency medical services district, or other public agency, and	9657
any officer or employee of a public agency or of a private	9658
organization operating under contract or in joint agreement with	9659
one or more political subdivisions, that provides emergency	9660
medical services, or that enters into a joint agreement or a	9661
contract with the state, any political subdivision, joint	9662
ambulance district, or joint emergency medical services district	9663
for the provision of emergency medical services, is not liable in	9664
damages in a civil action for injury, death, or loss to person or	9665
property arising out of any actions taken by a first responder,	9666
EMT-basic, EMT-I, or paramedic working under the officer's or	9667
employee's jurisdiction, or for injury, death, or loss to person	9668
or property arising out of any actions of licensed medical	9669
personnel advising or assisting the first responder, EMT-basic,	9670
EMT-I, or paramedic, unless the services are provided in a manner	9671
that constitutes willful or wanton misconduct.	9672

(C) A student who is enrolled in an emergency medical	9673
services training program accredited under section 4765.17 of the	9674
Revised Code or an emergency medical services continuing education	9675
program approved under that section is not liable in damages in a	9676
civil action for injury, death, or loss to person or property	9677
resulting from either of the following:	9678

(1) The student's administration of emergency medical	9679
services or patient care or treatment, if the services, care, or	9680
treatment is administered while the student is under the direct	9681
supervision and in the immediate presence of an EMT-basic, EMT-I,	9682
paramedic, registered nurse, physician assistant, or physician and	9683
while the student is receiving clinical training that is required	9684
by the program, unless the services, care, or treatment is	9685
provided in a manner that constitutes willful or wanton	9686
misconduct;	9687

(2) The student's training as an ambulance driver, unless the	9688
driving is done in a manner that constitutes willful or wanton	9689
misconduct.	9690

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	9691
holds a valid commercial driver's license issued pursuant to	9692
Chapter 4506. of the Revised Code or driver's license issued	9693
pursuant to Chapter 4507. of the Revised Code and who is employed	9694
by an emergency medical service organization that is not owned or	9695
operated by a political subdivision as defined in section 2744.01	9696
of the Revised Code, is not liable in damages in a civil action	9697
for injury, death, or loss to person or property that is caused by	9698
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	9699
or other operator while responding to or completing a call for	9700
emergency medical services, unless the operation constitutes	9701
willful or wanton misconduct or does not comply with the	9702
precautions of section 4511.03 of the Revised Code. An emergency	9703
medical service organization is not liable in damages in a civil	9704
action for any injury, death, or loss to person or property that	9705
is caused by the operation of an ambulance by its employee or	9706
agent, if this division grants the employee or agent immunity from	9707
civil liability for the injury, death, or loss.	9708

(E) An employee or agent of an emergency medical service	9709
organization who receives requests for emergency medical services	9710
that are directed to the organization, dispatches first	9711
responders, EMTs-basic, EMTs-I, or paramedics in response to those	9712
requests, communicates those requests to those employees or agents	9713
of the organization who are authorized to dispatch first	9714
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	9715
combination of these functions for the organization, is not liable	9716
in damages in a civil action for injury, death, or loss to person	9717
or property resulting from the individual's acts or omissions in	9718
the performance of those duties for the organization, unless an	9719
act or omission constitutes willful or wanton misconduct.	9720

(F) A person who is performing the functions of a first	9721
responder, EMT-basic, EMT-I, or paramedic under the authority of	9722
the laws of a state that borders this state and who provides	9723
emergency medical services to or transportation of a patient in	9724
this state is not liable in damages in a civil action for injury,	9725
death, or loss to person or property resulting from the person's	9726
administration of emergency medical services, unless the services	9727
are administered in a manner that constitutes willful or wanton	9728
misconduct. A physician, physician assistant designated by a	9729
physician, or registered nurse designated by a physician, any of	9730
whom is licensed to practice in the adjoining state and who is	9731
advising or assisting in the emergency medical services by means	9732
of any communication device or telemetering system, is not liable	9733
in damages in a civil action for injury, death, or loss to person	9734
or property resulting from the person's advisory communication or	9735
assistance, unless the advisory communication or assistance is	9736
provided in a manner that constitutes willful or wanton	9737
misconduct.	9738

(G) A person certified under section 4765.23 of the Revised	9739
Code to teach in an emergency medical services training program or	9740
emergency medical services continuing education program, and a	9741
person who teaches at the Ohio fire academy established under	9742
section 3737.33 of the Revised Code or in a fire service training	9743
program described in division (A) of section 4765.55 of the	9744
Revised Code, is not liable in damages in a civil action for	9745
injury, death, or loss to person or property resulting from the	9746
person's acts or omissions in the performance of the person's	9747
duties, unless an act or omission constitutes willful or wanton	9748
misconduct.	9749

(H) In the accreditation of emergency medical services	9750
training programs or approval of emergency medical services	9751
continuing education programs, the state board of emergency	9752
medical, fire, and transportation services and any person or	9753
entity authorized by the board to evaluate applications for	9754
accreditation or approval are not liable in damages in a civil	9755
action for injury, death, or loss to person or property resulting	9756
from their acts or omissions in the performance of their duties,	9757
unless an act or omission constitutes willful or wanton	9758
misconduct.	9759

(I) A person authorized by an emergency medical service	9760
organization to review the performance of first responders,	9761
EMTs-basic, EMTs-I, and paramedics or to administer quality	9762
assurance programs is not liable in damages in a civil action for	9763
injury, death, or loss to person or property resulting from the	9764
person's acts or omissions in the performance of the person's	9765
duties, unless an act or omission constitutes willful or wanton	9766
misconduct.	9767

Sec. 4765.55. (A) The executive director of the state board	9768
of emergency medical, fire, and transportation services, with the	9769
advice and counsel of the firefighter and fire safety inspector	9770
training committee of the state board of emergency medical, fire,	9771
and transportation services, shall assist in the establishment and	9772
maintenance by any state agency, or any county, township, city,	9773
village, school district, or educational service center of a fire	9774
service training program for the training of all persons in	9775
positions of any fire training certification level approved by the	9776
executive director, including full-time paid firefighters,	9777
part-time paid firefighters, volunteer firefighters, and, fire	9778
safety inspectors in this state. The executive director, with the	9779
advice and counsel of the committee, shall adopt rules to regulate	9780
those firefighter and fire safety inspector training programs, and	9781
other training programs approved by the executive director. The	9782
rules may include, but need not be limited to, training	9783
curriculum, certification examinations, training schedules,	9784
minimum hours of instruction, attendance requirements, required	9785
equipment and facilities, basic physical requirements, and methods	9786
of training for all persons in positions of any fire training	9787
certification level approved by the executive director, including	9788
full-time paid firefighters, part-time paid firefighters,	9789
volunteer firefighters, and fire safety inspectors. The rules	9790
adopted to regulate training programs for volunteer firefighters	9791
shall not require more than thirty-six hours of training.	9792

The executive director, with the advice and counsel of the	9793
committee, shall provide for the classification and chartering of	9794
fire service training programs in accordance with rules adopted	9795
under division (B) of this section, and may take action against	9796
any chartered training program or applicant, in accordance with	9797
rules adopted under divisions (B)(4) and (5) of this section, for	9798
failure to meet standards set by the adopted rules.	9799

(B) The executive director, with the advice and counsel of	9800
the firefighter and fire safety inspector training committee of	9801
the state board of emergency medical, fire, and transportation	9802
services, shall adopt, and may amend or rescind, rules under	9803
Chapter 119. of the Revised Code that establish all of the	9804
following:	9805

(1) Requirements for, and procedures for chartering, the	9806
training programs regulated by this section;	9807

(2) Requirements for, and requirements and procedures for	9808
obtaining and renewing, an instructor certificate to teach the	9809
training programs and continuing education classes regulated by	9810
this section;	9811

(3) Requirements for, and requirements and procedures for	9812
obtaining and renewing, any of the fire training certificates	9813
regulated by this section;	9814

(4) Grounds and procedures for suspending, revoking,	9815
restricting, or refusing to issue or renew any of the certificates	9816
or charters regulated by this section, which grounds shall be	9817
limited to one of the following:	9818

(a) Failure to satisfy the education or training requirements	9819
of this section;	9820

(b) Conviction of a felony offense;

9821

9822

(d) Conviction of a misdemeanor committed in the course of	9823
practice;	9824

(e) In the case of a chartered training program or applicant,	9825
failure to meet standards set by the rules adopted under this	9826
division.	9827

(5) Grounds and procedures for imposing and collecting fines,	9828
not to exceed one thousand dollars, in relation to actions taken	9829
under division (B)(4) of this section against persons holding	9830
certificates and charters regulated by this section, the fines to	9831
be deposited into the trauma and emergency medical services fund	9832
established under section 4513.263 of the Revised Code;	9833

(6) Continuing education requirements for certificate	9834
holders, including a requirement that credit shall be granted for	9835
in-service training programs conducted by local entities;	9836

(7) Procedures for considering the granting of an extension	9837
or exemption of fire service continuing education requirements;	9838

(8) Certification cycles for which the certificates and	9839
charters regulated by this section are valid.	9840

(C) The executive director, with the advice and counsel of	9841
the firefighter and fire safety inspector training committee of	9842
the state board of emergency medical, fire, and transportation	9843
services, shall issue or renew an instructor certificate to teach	9844
the training programs and continuing education classes regulated	9845
by this section to any applicant that the executive director	9846
determines meets the qualifications established in rules adopted	9847
under division (B) of this section, and may take disciplinary	9848
action against an instructor certificate holder or applicant in	9849
accordance with rules adopted under division (B) of this section.	9850
The executive director, with the advice and counsel of the	9851
committee, shall charter or renew the charter of any training	9852
program that the executive director determines meets the	9853
qualifications established in rules adopted under division (B) of	9854
this section, and may take disciplinary action against the holder	9855
of a charter in accordance with rules adopted under division (B)	9856
of this section.	9857

(D) The executive director shall issue or renew a fire	9858
training certificate for a firefighter, a fire safety inspector,	9859
or another position of any fire training certification level	9860
approved by the executive director, to any applicant that the	9861
executive director determines meets the qualifications established	9862
in rules adopted under division (B) of this section and may take	9863
disciplinary actions against a certificate holder or applicant in	9864
accordance with rules adopted under division (B) of this section.	9865

(E) Certificates issued under this section shall be on a form	9866
prescribed by the executive director, with the advice and counsel	9867
of the firefighter and fire safety inspector training committee of	9868
the state board of emergency medical, fire, and transportation	9869
services.	9870

(F)(1) The executive director, with the advice and counsel of	9871
the firefighter and fire safety inspector training committee of	9872
the state board of emergency medical, fire, and transportation	9873
services, shall establish criteria for evaluating the standards	9874
maintained by other states and the branches of the United States	9875
military for firefighter, fire safety inspector, and fire	9876
instructor training programs, and other training programs	9877
recognized by the executive director, to determine whether the	9878
standards are equivalent to those established under this section	9879
and shall establish requirements and procedures for issuing a	9880
certificate to each person who presents proof to the executive	9881
director of having satisfactorily completed a training program	9882
that meets those standards.	9883

(2) The executive director, with the committee's advice and	9884
counsel, shall adopt rules establishing requirements and	9885
procedures for issuing a fire training certificate in lieu of	9886
completing a chartered training program.	9887

(G) Nothing in this section invalidates any other section of	9888
the Revised Code relating to the fire training academy. Section	9889
4765.11 of the Revised Code does not affect any powers and duties	9890
granted to the executive director under this section.	9891

Sec. 4765.56. On receipt of a notice pursuant to section	9892
3123.43 of the Revised Code, the state board of emergency medical,	9893
fire, and transportation services shall comply with sections	9894
3123.41 to 3123.50 of the Revised Code and any applicable rules	9895
adopted under section 3123.63 of the Revised Code with respect to	9896
a certificate to practice issued pursuant to this chapter.	9897

Sec. 4765.59. The state board of emergency medical, fire,	9898
and transportation services shall not administer laws and rules	9899
exceeding the statutory authority provided to the board under	9900
Chapters 4765. and 4766. of the Revised Code.	9901

Sec. 4766.01. As used in this chapter:

9902

(A) "Advanced life support" means treatment described in	9903
section 4765.39 of the Revised Code that a paramedic is certified	9904
to perform.	9905

(B) "Air medical service organization" means an organization	9906
that furnishes, conducts, maintains, advertises, promotes, or	9907
otherwise engages in providing medical services with a rotorcraft	9908
air ambulance or fixed wing air ambulance.	9909

(C) "Air medical transportation" means the transporting of a	9910
patient by rotorcraft air ambulance or fixed wing air ambulance	9911
with appropriately licensed and certified medical personnel.	9912

(D) "Ambulance" means any motor vehicle that is specifically	9913
designed, constructed, or modified and equipped and is intended to	9914
be used to provide basic life support, intermediate life support,	9915
advanced life support, or mobile intensive care unit services and	9916
transportation upon the streets or highways of this state of	9917
persons who are seriously ill, injured, wounded, or otherwise	9918
incapacitated or helpless. "Ambulance" does not include air	9919
medical transportation or a vehicle designed and used solely for	9920
the transportation of nonstretcher-bound persons, whether	9921
hospitalized or handicapped or whether ambulatory or confined to a	9922
wheelchair.	9923

(E) "Ambulette" means a motor vehicle that is specifically	9924
designed, constructed, or modified and equipped and is intended to	9925
be used for transportation upon the streets or highways of this	9926
state of persons who require use of a wheelchair.	9927

(F) "Basic life support" means treatment described in section	9928
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	9929
perform.	9930

(G) "Disaster situation" means any condition or situation	9931
described by rule of the ~~Ohio~~state board of emergency medical,	9932
fire, and transportation ~~board~~services as a mass casualty, major	9933
emergency, natural disaster, or national emergency.	9934

(H) "Emergency medical service organization" means an	9935
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	9936
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	9937
paramedics, to provide medical care to victims of illness or	9938
injury. An emergency medical service organization includes, but is	9939
not limited to, a commercial ambulance service organization, a	9940
hospital, and a funeral home.	9941

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	9942
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	9943
Revised Code.	9944

(J) "Fixed wing air ambulance" means a fixed wing aircraft	9945
that is specifically designed, constructed, or modified and	9946
equipped and is intended to be used as a means of air medical	9947
transportation.	9948

(K) "Intermediate life support" means treatment described in	9949
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	9950
certified to perform.	9951

(L) "Major emergency" means any emergency event that cannot	9952
be resolved through the use of locally available emergency	9953
resources.	9954

(M) "Mass casualty" means an emergency event that results in	9955
ten or more persons being injured, incapacitated, made ill, or	9956
killed.	9957

(N) "Medical emergency" means an unforeseen event affecting	9958
an individual in such a manner that a need for immediate care is	9959
created.	9960

(O) "Mobile intensive care unit" means an ambulance used only	9961
for maintaining specialized or intensive care treatment and used	9962
primarily for interhospital transports of patients whose	9963
conditions require care beyond the scope of a paramedic as	9964
provided in section 4765.39 of the Revised Code.	9965

(P)(1) "Nonemergency medical service organization" means a	9966
person that does both of the following:	9967

(a) Provides services to the public on a regular basis for	9968
the purpose of transporting individuals who require the use of a	9969
wheelchair or are confined to a wheelchair to receive health care	9970
services at health care facilities or health care practitioners'	9971
offices in nonemergency circumstances;	9972

(b) Provides the services for a fee, regardless of whether	9973
the fee is paid by the person being transported, a third party	9974
payer, as defined in section 3702.51 of the Revised Code, or any	9975
other person or government entity.	9976

(2) "Nonemergency medical service organization" does not	9977
include a health care facility, as defined in section 1751.01 of	9978
the Revised Code, that provides ambulette services only to	9979
patients of that facility.	9980

(Q) "Nontransport vehicle" means a motor vehicle operated by	9981
a licensed emergency medical service organization not as an	9982
ambulance, but as a vehicle for providing services in conjunction	9983
with the ambulances operated by the organization or other	9984
emergency medical service organizations.	9985

(R) "Patient" means any individual who as a result of illness	9986
or injury needs medical attention, whose physical or mental	9987
condition is such that there is imminent danger of loss of life or	9988
significant health impairment, who may be otherwise incapacitated	9989
or helpless as a result of a physical or mental condition, or	9990
whose physical condition requires the use of a wheelchair.	9991

(S) "Rotorcraft air ambulance" means a helicopter or other	9992
aircraft capable of vertical takeoffs, vertical landings, and	9993
hovering that is specifically designed, constructed, or modified	9994
and equipped and is intended to be used as a means of air medical	9995
transportation.	9996

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	9997
fire, and transportation ~~board~~services shall adopt rules, in	9998
accordance with Chapter 119. of the Revised Code, implementing the	9999
requirements of this chapter. The rules shall include provisions	10000
relating to the following:	10001

(1) Requirements for an emergency medical service	10002
organization to receive a permit for an ambulance or nontransport	10003
vehicle;	10004

(2) Requirements for an emergency medical service	10005
organization to receive a license as a basic life-support,	10006
intermediate life-support, advanced life-support, or mobile	10007
intensive care unit organization;	10008

(3) Requirements for a nonemergency medical service	10009
organization to receive a permit for an ambulette vehicle;	10010

(4) Requirements for a nonemergency medical service	10011
organization to receive a license for an ambulette service;	10012

(5) Requirements for an air medical service organization to	10013
receive a permit for a rotorcraft air ambulance or fixed wing air	10014
ambulance;	10015

(6) Requirements for licensure of air medical service	10016
organizations;	10017

(7) Forms for applications and renewals of licenses and	10018
permits;	10019

(8) Requirements for record keeping of service responses made	10020
by licensed emergency medical service organizations;	10021

(9) Fee amounts for licenses and permits, and their renewals;

10022

(10) Inspection requirements for licensees' vehicles or	10023
aircraft, records, and physical facilities;	10024

(11) Fee amounts for inspections of ambulances, ambulettes,	10025
rotorcraft air ambulances, fixed wing air ambulances, and	10026
nontransport vehicles;	10027

(12) Requirements for ambulances and nontransport vehicles	10028
used by licensed emergency medical service organizations, for	10029
ambulette vehicles used by licensed nonemergency medical service	10030
organizations, and for rotorcraft air ambulances or fixed wing air	10031
ambulances used by licensed air medical service organizations that	10032
specify for each type of vehicle or aircraft the types of	10033
equipment that must be carried, the communication systems that	10034
must be maintained, and the personnel who must staff the vehicle	10035
or aircraft;	10036

(13) The level of care each type of emergency medical service	10037
organization, nonemergency medical service organization, and air	10038
medical service organization is authorized to provide;	10039

(14) Eligibility requirements for employment as an ambulette	10040
driver, including grounds for disqualification due to the results	10041
of a motor vehicle law violation check, chemical test, or criminal	10042
records check. The rule may require that an applicant for	10043
employment as an ambulette driver provide a set of fingerprints to	10044
law enforcement authorities if the applicant comes under final	10045
consideration for employment.	10046

(15) Any other rules that the board determines necessary for	10047
the implementation and enforcement of this chapter.	10048

(B) In the rules for ambulances and nontransport vehicles	10049
adopted under division (A)(12) of this section, the board may	10050
establish requirements that vary according to whether the	10051
emergency medical service organization using the vehicles is	10052
licensed as a basic life-support, intermediate life-support,	10053
advanced life-support, or mobile intensive care unit organization.	10054

(C) A mobile intensive care unit that is not dually certified	10055
to provide advanced life-support and meets the requirements of the	10056
rules adopted under this section is not required to carry	10057
immobilization equipment, including board splint kits, traction	10058
splints, backboards, backboard straps, cervical immobilization	10059
devices, cervical collars, stair chairs, folding cots, or other	10060
types of immobilization equipment determined by the board to be	10061
unnecessary for mobile intensive care units.	10062

A mobile intensive care unit is exempt from the emergency	10063
medical technician staffing requirements of section 4765.43 of the	10064
Revised Code when it is staffed by at least one physician or	10065
registered nurse and another person, designated by a physician,	10066
who holds a valid license or certificate to practice in a health	10067
care profession, and when at least one of the persons staffing the	10068
mobile intensive care unit is a registered nurse whose training	10069
meets or exceeds the training required for a paramedic.	10070

Sec. 4766.04. (A) Except as otherwise provided in this	10071
chapter, no person shall furnish, operate, conduct, maintain,	10072
advertise, engage in, or propose or profess to engage in the	10073
business or service in this state of transporting persons who are	10074
seriously ill, injured, or otherwise incapacitated or who require	10075
the use of a wheelchair or are confined to a wheelchair unless the	10076
person is licensed pursuant to this section.	10077

(B) To qualify for a license as a basic life-support,	10078
intermediate life-support, advanced life-support, or mobile	10079
intensive care unit organization, an emergency medical service	10080
organization shall do all of the following:	10081

(1) Apply for a permit for each ambulance and nontransport	10082
vehicle owned or leased as provided in section 4766.07 of the	10083
Revised Code;	10084

(2) Meet all requirements established in rules adopted by the	10085
~~Ohio~~state board of emergency medical, fire, and transportation	10086
~~board~~services regarding ambulances and nontransport vehicles,	10087
including requirements pertaining to equipment, communications	10088
systems, staffing, and level of care the particular organization	10089
is permitted to render;	10090

(3) Maintain the appropriate type and amount of insurance as	10091
specified in section 4766.06 of the Revised Code;	10092

(4) Meet all other requirements established under rules	10093
adopted by the board for the particular license.	10094

(C) To qualify for a license to provide ambulette service, a	10095
nonemergency medical service organization shall do all of the	10096
following:	10097

(1) Apply for a permit for each ambulette owned or leased as	10098
provided in section 4766.07 of the Revised Code;	10099

(2) Meet all requirements established in rules adopted by the	10100
~~Ohio~~state board of emergency medical, fire, and transportation	10101
~~board~~services regarding ambulettes, including requirements	10102
pertaining to equipment, communication systems, staffing, and	10103
level of care the organization is permitted to render;	10104

(3) Maintain the appropriate type and amount of insurance as	10105
specified in section 4766.06 of the Revised Code;	10106

(4) Meet all other requirements established under rules	10107
adopted by the board for the license.	10108

(D) To qualify for a license to provide air medical	10109
transportation, an air medical service organization shall do all	10110
of the following:	10111

(1) Apply for a permit for each rotorcraft air ambulance and	10112
fixed wing air ambulance owned or leased as provided in section	10113
4766.07 of the Revised Code;	10114

(2) Meet all requirements established in rules adopted by the	10115
~~Ohio~~state board of emergency medical, fire, and transportation	10116
~~board~~services regarding rotorcraft air ambulances and fixed wing	10117
air ambulances, including requirements pertaining to equipment,	10118
communication systems, staffing, and level of care the	10119
organization is permitted to render;	10120

(3) Maintain the appropriate type and amount of insurance as	10121
specified in section 4766.06 of the Revised Code;	10122

(4) Meet all other requirements established under rules	10123
adopted by the board for the license.	10124

(E) An emergency medical service organization that applies	10125
for a license as a basic life-support, intermediate life-support,	10126
advanced life-support, or mobile intensive care unit organization;	10127
a nonemergency medical service organization that applies for a	10128
license to provide ambulette service; or an air medical service	10129
organization that applies for a license to provide air medical	10130
transportation shall submit a completed application to the board,	10131
on a form provided by the board for each particular license,	10132
together with the appropriate fees established under section	10133
4766.05 of the Revised Code. The application form shall include	10134
all of the following:	10135

(1) The name and business address of the operator of the	10136
organization for which licensure is sought;	10137

(2) The name under which the applicant will operate the	10138
organization;	10139

(3) A list of the names and addresses of all officers and	10140
directors of the organization;	10141

(4) For emergency medical service organizations and	10142
nonemergency medical service organizations, a description of each	10143
vehicle to be used, including the make, model, year of	10144
manufacture, mileage, vehicle identification number, and the color	10145
scheme, insignia, name, monogram, or other distinguishing	10146
characteristics to be used to designate the applicant's vehicle;	10147

(5) For air medical service organizations using fixed wing	10148
air ambulances, a description of each aircraft to be used,	10149
including the make, model, year of manufacture, and aircraft hours	10150
on airframe;	10151

(6) For air medical service organizations using rotorcraft	10152
air ambulances, a description of each aircraft to be used,	10153
including the make, model, year of manufacture, aircraft hours on	10154
airframe, aircraft identification number, and the color scheme,	10155
insignia, name, monogram, or other distinguishing characteristics	10156
to be used to designate the applicant's rotorcraft air ambulance;	10157

(7) The location and description of each place from which the	10158
organization will operate;	10159

(8) A description of the geographic area to be served by the	10160
applicant;	10161

(9) Any other information the board, by rule, determines	10162
necessary.	10163

(F) Within sixty days after receiving a completed application	10164
for licensure as a basic life-support, intermediate life-support,	10165
advanced life-support, or mobile intensive care unit organization;	10166
an ambulette service; or an air medical service organization, the	10167
board shall approve or deny the application. The board shall deny	10168
an application if it determines that the applicant does not meet	10169
the requirements of this chapter or any rules adopted under it.	10170
The board shall send notice of the denial of an application by	10171
certified mail to the applicant. The applicant may request a	10172
hearing within ten days after receipt of the notice. If the board	10173
receives a timely request, it shall hold a hearing in accordance	10174
with Chapter 119. of the Revised Code.	10175

(G) If an applicant or licensee operates or plans to operate	10176
an organization in more than one location under the same or	10177
different identities, the applicant or licensee shall apply for	10178
and meet all requirements for licensure or renewal of a license,	10179
other than payment of a license fee or renewal fee, for operating	10180
the organization at each separate location. An applicant or	10181
licensee that operates or plans to operate under the same	10182
organization identity in separate locations shall pay only a	10183
single license fee.	10184

(H) An emergency medical service organization that wishes to	10185
provide ambulette services to the public must apply for a separate	10186
license under division (C) of this section.	10187

(I) Each license issued under this section and each permit	10188
issued under section 4766.07 of the Revised Code expires one year	10189
after the date of issuance and may be renewed in accordance with	10190
the standard renewal procedures of Chapter 4745. of the Revised	10191
Code. An application for renewal shall include the license or	10192
permit renewal fee established under section 4766.05 of the	10193
Revised Code. An applicant for renewal of a permit also shall	10194
submit to the board proof of an annual inspection of the vehicle	10195
or aircraft for which permit renewal is sought. The board shall	10196
renew a license if the applicant meets the requirements for	10197
licensure and shall renew a permit if the applicant and vehicle or	10198
aircraft meet the requirements to maintain a permit for that	10199
vehicle or aircraft.	10200

(J) Each licensee shall maintain accurate records of all	10201
service responses conducted. The records shall be maintained on	10202
forms prescribed by the board and shall contain information as	10203
specified by rule by the board.	10204

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	10205
fire, and transportation ~~board~~services shall establish by rule a	10206
license fee, a permit fee for each ambulance, ambulette,	10207
rotorcraft air ambulance, fixed wing air ambulance, and	10208
nontransport vehicle owned or leased by the licensee that is or	10209
will be used as provided in section 4766.07 of the Revised Code,	10210
and fees for renewals of licenses and permits, taking into	10211
consideration the actual costs incurred by the board in carrying	10212
out its duties under this chapter. However, the fee for each	10213
license and each renewal of a license shall not exceed one hundred	10214
dollars, and the fee for each permit and each renewal of a permit	10215
shall not exceed one hundred dollars for each ambulance,	10216
rotorcraft air ambulance, fixed wing air ambulance, and	10217
nontransport vehicle. The ~~fee for each permit and each renewal of~~	10218
~~a permit shall be twenty-five dollars for each ambulette for one~~	10219
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	10220
rule the fee, which shall not exceed fifty dollars, for each	10221
permit and each renewal of a permit for each ambulette. For	10222
purposes of establishing fees, "actual costs" includes the costs	10223
of salaries, expenses, inspection equipment, supervision, and	10224
program administration.	10225

(B) The board shall deposit all fees and other moneys	10226
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	10227
the Revised Code in the state treasury to the credit of the	10228
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	10229
services fund, which is created by section ~~4743.05~~4513.263 of the	10230
Revised Code. ~~All moneys from the fund shall be used solely for~~	10231
~~the salaries and expenses of the board incurred in implementing~~	10232
~~and enforcing this chapter.~~	10233

(C) The board, subject to the approval of the controlling	10234
board, may establish fees in excess of the maximum amounts allowed	10235
under division (A) of this section, but such fees shall not exceed	10236
those maximum amounts by more than fifty per cent.	10237

Sec. 4766.07. (A) Except as otherwise provided by rule of	10238
the ~~Ohio~~state board of emergency medical, fire, and	10239
transportation ~~board~~services, each emergency medical service	10240
organization, nonemergency medical service organization, and air	10241
medical service organization subject to licensure under this	10242
chapter shall possess a valid permit for each ambulance,	10243
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	10244
nontransport vehicle it owns or leases that is or will be used by	10245
the licensee to perform the services permitted by the license.	10246
Each licensee and license applicant shall submit the appropriate	10247
fee and an application for a permit for each ambulance, ambulette,	10248
rotorcraft air ambulance, fixed wing air ambulance, and	10249
nontransport vehicle to the ~~Ohio~~state board of emergency	10250
medical, fire, and transportation ~~board~~services on forms provided	10251
by the board. The application shall include documentation that the	10252
vehicle or aircraft meets the appropriate standards set by the	10253
board, that the vehicle or aircraft has been inspected pursuant to	10254
division (C) of this section, that the permit applicant maintains	10255
insurance as provided in section 4766.06 of the Revised Code, and	10256
that the vehicle or aircraft and permit applicant meet any other	10257
requirements established under rules adopted by the board.	10258

The ~~Ohio~~state board of emergency medical, fire, and	10259
transportation ~~board~~services may adopt rules in accordance with	10260
Chapter 119. of the Revised Code to authorize the temporary use of	10261
a vehicle or aircraft for which a permit is not possessed under	10262
this section in back-up or disaster situations.	10263

(B)(1) Within sixty days after receiving a completed	10264
application for a permit, the board shall issue or deny the	10265
permit. The board shall deny an application if it determines that	10266
the permit applicant, vehicle, or aircraft does not meet the	10267
requirements of this chapter and the rules adopted under it that	10268
apply to permits for ambulances, ambulettes, rotorcraft air	10269
ambulances, fixed wing air ambulances, and nontransport vehicles.	10270
The board shall send notice of the denial of an application by	10271
certified mail to the permit applicant. The permit applicant may	10272
request a hearing within ten days after receipt of the notice. If	10273
the board receives a timely request, it shall hold a hearing in	10274
accordance with Chapter 119. of the Revised Code.	10275

(2) If the board issues the vehicle permit for an ambulance,	10276
ambulette, or nontransport vehicle, it also shall issue a decal,	10277
in a form prescribed by rule, to be displayed on the rear window	10278
of the vehicle. The board shall not issue a decal until all of the	10279
requirements for licensure and permit issuance have been met.	10280

(3) If the board issues the aircraft permit for a rotorcraft	10281
air ambulance or fixed wing air ambulance, it also shall issue a	10282
decal, in a form prescribed by rule, to be displayed on the left	10283
fuselage aircraft window in a manner that complies with all	10284
applicable federal aviation regulations. The board shall not issue	10285
a decal until all of the requirements for licensure and permit	10286
issuance have been met.	10287

(C) In addition to any other requirements that the board	10288
establishes by rule, a licensee or license applicant applying for	10289
an initial vehicle or aircraft permit under division (A) of this	10290
section shall submit to the board the vehicle or aircraft for	10291
which the permit is sought. Thereafter, a licensee shall annually	10292
submit to the board each vehicle or aircraft for which a permit	10293
has been issued.	10294

(1) The board shall conduct a physical inspection of an	10295
ambulance, ambulette, or nontransport vehicle to determine its	10296
roadworthiness and compliance with standard motor vehicle	10297
requirements.	10298

(2) The board shall conduct a physical inspection of the	10299
medical equipment, communication system, and interior of an	10300
ambulance to determine the operational condition and safety of the	10301
equipment and the ambulance's interior and to determine whether	10302
the ambulance is in compliance with the federal requirements for	10303
ambulance construction that were in effect at the time the	10304
ambulance was manufactured, as specified by the general services	10305
administration in the various versions of its publication titled	10306
"federal specification for the star-of-life ambulance,	10307
KKK-A-1822."	10308

(3) The board shall conduct a physical inspection of the	10309
equipment, communication system, and interior of an ambulette to	10310
determine the operational condition and safety of the equipment	10311
and the ambulette's interior and to determine whether the	10312
ambulette is in compliance with state requirements for ambulette	10313
construction. The board shall determine by rule requirements for	10314
the equipment, communication system, interior, and construction of	10315
an ambulette.	10316

(4) The board shall conduct a physical inspection of the	10317
medical equipment, communication system, and interior of a	10318
rotorcraft air ambulance or fixed wing air ambulance to determine	10319
the operational condition and safety of the equipment and the	10320
aircraft's interior.	10321

(5) The board shall issue a certificate to the applicant for	10322
each vehicle or aircraft that passes the inspection and may assess	10323
a fee for each inspection, as established by the board.	10324

(6) The board shall adopt rules regarding the implementation	10325
and coordination of inspections. The rules may permit the board to	10326
contract with a third party to conduct the inspections required of	10327
the board under this section.	10328

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	10329
fire, and transportation ~~board may~~services, pursuant to an	10330
adjudication conducted in accordance with Chapter 119. of the	10331
Revised Code, may suspend or revoke any license or permit or	10332
renewal thereof issued under this chapter for any one or	10333
combination of the following causes:	10334

(1) Violation of this chapter or any rule adopted thereunder;

10335

(2) Refusal to permit the board to inspect a vehicle or	10336
aircraft used under the terms of a permit or to inspect the	10337
records or physical facilities of a licensee;	10338

(3) Failure to meet the ambulance, ambulette, rotorcraft air	10339
ambulance, fixed wing air ambulance, and nontransport vehicle	10340
requirements specified in this chapter or the rules adopted	10341
thereunder;	10342

(4) Violation of an order issued by the board;

10343

(5) Failure to comply with any of the terms of an agreement	10344
entered into with the board regarding the suspension or revocation	10345
of a license or permit or the imposition of a penalty under this	10346
section.	10347

(B) If the board determines that the records, record-keeping	10348
procedures, or physical facilities of a licensee, or an ambulance,	10349
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	10350
nontransport vehicle for which a valid permit has been issued, do	10351
not meet the standards specified in this chapter and the rules	10352
adopted thereunder, the board shall notify the licensee of any	10353
deficiencies within thirty days of finding the deficiencies. If	10354
the board determines that the deficiencies exist and they remain	10355
uncorrected after thirty days, the board may suspend the license,	10356
vehicle permit, or aircraft permit. The licensee, notwithstanding	10357
the suspension under this division, may operate until all appeals	10358
have been exhausted.	10359

(C) At the discretion of the board, a licensee whose license	10360
has been suspended or revoked under this section may be ineligible	10361
to be licensed under this chapter for a period of not more than	10362
three years from the date of the violation, provided that the	10363
board shall make no determination on a period of ineligibility	10364
until all the licensee's appeals relating to the suspension or	10365
revocation have been exhausted.	10366

(D) The board may, in addition to any other action taken	10367
under this section and after a hearing conducted pursuant to	10368
Chapter 119. of the Revised Code, impose a penalty of not more	10369
than fifteen hundred dollars for any violation specified in this	10370
section. The attorney general shall institute a civil action for	10371
the collection of any such penalty imposed.	10372

Sec. 4766.09. This chapter does not apply to any of the	10373
following:	10374

(A) A person rendering services with an ambulance in the	10375
event of a disaster situation when licensees' vehicles based in	10376
the locality of the disaster situation are incapacitated or	10377
insufficient in number to render the services needed;	10378

(B) Any person operating an ambulance, ambulette, rotorcraft	10379
air ambulance, or fixed wing air ambulance outside this state	10380
unless receiving a person within this state for transport to a	10381
location within this state;	10382

(C) A publicly owned or operated emergency medical service	10383
organization and the vehicles it owns or leases and operates,	10384
except as provided in section 307.051, division (G) of section	10385
307.055, division (F) of section 505.37, division (B) of section	10386
505.375, and division (B)(3) of section 505.72 of the Revised	10387
Code;	10388

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	10389
wing air ambulance, or nontransport vehicle owned or leased and	10390
operated by the federal government;	10391

(E) A publicly owned and operated fire department vehicle;

10392

(F) Emergency vehicles owned by a corporation and operating	10393
only on the corporation's premises, for the sole use by that	10394
corporation;	10395

(G) An ambulance, nontransport vehicle, or other emergency	10396
medical service organization vehicle owned and operated by a	10397
municipal corporation;	10398

(H) A motor vehicle titled in the name of a volunteer rescue	10399
service organization, as defined in section 4503.172 of the	10400
Revised Code;	10401

(I) A public emergency medical service organization;

10402

(J) A fire department, rescue squad, or life squad comprised	10403
of volunteers who provide services without expectation of	10404
remuneration and do not receive payment for services other than	10405
reimbursement for expenses;	10406

(K) A private, nonprofit emergency medical service	10407
organization when fifty per cent or more of its personnel are	10408
volunteers, as defined in section 4765.01 of the Revised Code;	10409

(L) Emergency medical service personnel who are regulated by	10410
the state board of emergency medical, fire, and transportation	10411
services under Chapter 4765. of the Revised Code;	10412

(M) Any of the following that operates a transit bus, as that	10413
term is defined in division (Q) of section 5735.01 of the Revised	10414
Code, unless the entity provides ambulette services that are	10415
reimbursed under the state medicaid plan:	10416

(1) A public nonemergency medical service organization;

10417

(2) An urban or rural public transit system;

10418

(3) A private nonprofit organization that receives grants	10419
under section 5501.07 of the Revised Code.	10420

(N)(1) An entity, to the extent it provides ambulette	10421
services, if the entity meets all of the following conditions:	10422

(a) The entity is certified by the department of aging or the	10423
department's designee in accordance with section 173.391 of the	10424
Revised Code or operates under a contract or grant agreement with	10425
the department or the department's designee in accordance with	10426
section 173.392 of the Revised Code.	10427

(b) The entity meets the requirements of section 4766.14 of	10428
the Revised Code.	10429

(c) The entity does not provide ambulette services that are	10430
reimbursed under the state medicaid plan.	10431

(2) A vehicle, to the extent it is used to provide ambulette	10432
services, if the vehicle meets both of the following conditions:	10433

(a) The vehicle is owned by an entity that meets the	10434
conditions specified in division (N)(1) of this section.	10435

(b) The vehicle does not provide ambulette services that are	10436
reimbursed under the state medicaid plan.	10437

(O) A vehicle that meets both of the following criteria,	10438
unless the vehicle provides services that are reimbursed under the	10439
state medicaid plan:	10440

(1) The vehicle was purchased with funds from a grant made by	10441
the United States secretary of transportation under 49 U.S.C.	10442
5310;	10443

(2) The department of transportation holds a lien on the	10444
vehicle.	10445

Sec. 4766.10. This chapter does not invalidate any ordinance	10446
or resolution adopted by a municipal corporation that establishes	10447
standards for the licensure of emergency medical service	10448
organizations as basic life-support, intermediate life-support, or	10449
advanced life-support service organizations that have their	10450
principal places of business located within the limits of the	10451
municipal corporation, as long as the licensure standards meet or	10452
exceed the standards established in this chapter and the rules	10453
adopted thereunder.	10454

Emergency medical service organizations licensed by a	10455
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	10456
state board of emergency medical, fire, and transportation ~~board~~	10457
services, but the fees they pay to the board for licenses,	10458
permits, and renewals thereof shall not exceed fifty per cent of	10459
the fee amounts established by the board pursuant to section	10460
4766.03 of the Revised Code. The board may choose to waive the	10461
vehicle inspection requirements and inspection fees, but not the	10462
permit fees, for the vehicles of organizations licensed by a	10463
municipal corporation.	10464

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	10465
fire, and transportation ~~board~~services may investigate alleged	10466
violations of this chapter or the rules adopted under it and may	10467
investigate any complaints received regarding alleged violations.	10468

In addition to any other remedies available and regardless of	10469
whether an adequate remedy at law exists, the board may apply to	10470
the court of common pleas in the county where a violation of any	10471
provision of this chapter or any rule adopted pursuant thereto is	10472
occurring for a temporary or permanent injunction restraining a	10473
person from continuing to commit that violation. On a showing that	10474
a person has committed a violation, the court shall grant the	10475
injunction.	10476

In conducting an investigation under this section, the board	10477
may issue subpoenas compelling the attendance and testimony of	10478
witnesses and the production of books, records, and other	10479
documents pertaining to the investigation. If a person fails to	10480
obey a subpoena from the board, the board may apply to the court	10481
of common pleas in the county where the investigation is being	10482
conducted for an order compelling the person to comply with the	10483
subpoena. On application by the board, the court shall compel	10484
obedience by attachment proceedings for contempt, as in the case	10485
of disobedience of the requirements of a subpoena from the court	10486
or a refusal to testify therein.	10487

(B) The ~~medical transportation~~ board may suspend a license	10488
issued under this chapter without a prior hearing if it determines	10489
that there is evidence that the license holder is subject to	10490
action under this section and that there is clear and convincing	10491
evidence that continued operation by the license holder presents a	10492
danger of immediate and serious harm to the public. The	10493
chairperson and executive director of the board shall make a	10494
preliminary determination and describe the evidence on which they	10495
made their determination to the board members. The board by	10496
resolution may designate another board member to act in place of	10497
the chairperson or another employee to act in place of the	10498
executive director in the event that the chairperson or executive	10499
director is unavailable or unable to act. Upon review of the	10500
allegations, the board, by the affirmative vote of ~~at least four~~a	10501
majority of its members, may suspend the license without a	10502
hearing.	10503

~~Any method of communication, including a telephone conference~~	10504
~~call, may be utilized for describing the evidence to the board~~	10505
~~members, for reviewing the allegations, and for voting on the~~	10506
~~suspension.~~	10507

Immediately following the decision by the board to suspend a	10508
license under this division, the board shall issue a written order	10509
of suspension and cause it to be delivered in accordance with	10510
section 119.07 of the Revised Code. If the license holder subject	10511
to the suspension requests an adjudication hearing by the board,	10512
the date set for the adjudication shall be within fifteen days but	10513
not earlier than seven days after the request unless another date	10514
is agreed to by the license holder and the board.	10515

Any summary suspension imposed under this division remains in	10516
effect, unless reversed by the board, until a final adjudicative	10517
order issued by the board pursuant to this section and Chapter	10518
119. of the Revised Code becomes effective. The board shall issue	10519
its final adjudicative order not less than ninety days after	10520
completion of its adjudication hearing. Failure to issue the order	10521
by that day shall cause the summary suspension order to end, but	10522
such failure shall not affect the validity of any subsequent final	10523
adjudication order.	10524

Sec. 4766.12. If a county, township, joint ambulance	10525
district, or joint emergency medical services district chooses to	10526
have the ~~Ohio~~state board of emergency medical, fire, and	10527
transportation ~~board~~services license its emergency medical	10528
service organizations and issue permits for its vehicles pursuant	10529
to this chapter, except as may be otherwise provided, all	10530
provisions of this chapter and all rules adopted by the board	10531
thereunder are fully applicable. However, a county, township,	10532
joint ambulance district, or joint emergency medical services	10533
district is not required to obtain any type of permit from the	10534
board for any of its nontransport vehicles.	10535

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	10536
fire, and transportation ~~board~~services, by endorsement, may	10537
license and issue vehicle permits to an emergency medical service	10538
organization or a nonemergency medical service organization that	10539
is regulated by another state. To qualify for a license and	10540
vehicle permits by endorsement, an organization must submit	10541
evidence satisfactory to the board that it has met standards in	10542
another state that are equal to or more stringent than the	10543
standards established by this chapter and the rules adopted under	10544
it.	10545

Sec. 4766.15. (A) An applicant for employment as an	10546
ambulette driver with an organization licensed pursuant to this	10547
chapter shall submit proof to the organization of, or give consent	10548
to the employer to obtain, all of the following:	10549

(1)(a) A valid driver's license issued pursuant to Chapter	10550
4506. or 4507. of the Revised Code, or its equivalent, if the	10551
applicant is a resident of another state;	10552

(b) A recent certified abstract of the applicant's record of	10553
convictions for violations of motor vehicle laws provided by the	10554
registrar of motor vehicles pursuant to section 4509.05 of the	10555
Revised Code, or its equivalent, if the applicant is a resident of	10556
another state.	10557

(2)(a) A certificate of completion of a course in first aid	10558
techniques offered by the American red cross or an equivalent	10559
organization;	10560

(b) A certificate of completion of a course in	10561
cardiopulmonary resuscitation, or its equivalent, offered by an	10562
organization approved by the ~~Ohio~~state board of emergency	10563
medical, fire, and transportation ~~board~~services.	10564

(3) The result of a chemical test or tests of the applicant's	10565
blood, breath, or urine conducted at a hospital or other	10566
institution approved by the board for the purpose of determining	10567
the alcohol, drug of abuse, controlled substance, or metabolite of	10568
a controlled substance content of the applicant's whole blood,	10569
blood serum or plasma, breath, or urine;	10570

(4) The result of a criminal records check conducted by the	10571
bureau of criminal identification and investigation.	10572

(B) An organization may employ an applicant on a temporary	10573
provisional basis pending the completion of all of the	10574
requirements of this section. The length of the provisional period	10575
shall be determined by the board.	10576

(C) An organization licensed pursuant to this chapter shall	10577
use information received pursuant to this section to determine in	10578
accordance with rules adopted by the ~~Ohio~~state board of emergency	10579
medical, fire, and transportation ~~board~~services under section	10580
4766.03 of the Revised Code whether an applicant is disqualified	10581
for employment.	10582

No applicant shall be accepted for permanent employment as an	10583
ambulette driver by an organization licensed pursuant to this	10584
chapter until all of the requirements of division (A) of this	10585
section have been met.	10586

Sec. 4766.22. (A) Not later than forty-five days after the	10587
end of each fiscal year, the ~~Ohio~~state board of emergency	10588
medical, fire, and transportation ~~board~~services shall submit a	10589
report to the governor and general assembly that provides all of	10590
the following information for that fiscal year:	10591

(1) The number of each of the following the board issued:

10592

(a) Basic life-support organization licenses;

10593

(b) Intermediate life-support organization licenses;

10594

10595

(d) Mobile intensive care unit organization licenses;

10596

(e) Ambulette service licenses;

10597

(f) Air medical service organization licenses;

10598

(g) Ambulance permits;

10599

(h) Nontransport vehicle permits;

10600

(i) Ambulette vehicle permits;

10601

(j) Rotorcraft air ambulance permits;

10602

(k) Fixed wing air ambulance permits.

10603

(2) The amount of fees the board collected for issuing and	10604
renewing each type of license and permit specified in division	10605
(A)(1) of this section;	10606

(3) The number of inspections the board or a third party on	10607
the board's behalf conducted in connection with each type of	10608
license and permit specified in division (A)(1) of this section	10609
and the amount of fees the board collected for the inspections;	10610

(4) The number of complaints that were submitted to the	10611
board;	10612

(5) The number of investigations the board conducted under	10613
section 4766.11 of the Revised Code;	10614

(6) The number of adjudication hearings the board held and	10615
the outcomes of the adjudications;	10616

(7) The amount of penalties the board imposed and collected	10617
under section 4766.08 of the Revised Code;	10618

(8) Other information the board determines reflects the	10619
board's operations.	10620

(B) The board shall post the annual report required by this	10621
section on its web site and make it available to the public on	10622
request.	10623

Sec. 5501.03. (A) The department of transportation shall:

10624

(1) Exercise and perform such other duties, powers, and	10625
functions as are conferred by law on the director, the department,	10626
the assistant directors, the deputy directors, or on the divisions	10627
of the department;	10628

(2) Coordinate and develop, in cooperation with local,	10629
regional, state, and federal planning agencies and authorities,	10630
comprehensive and balanced state policy and planning to meet	10631
present and future needs for adequate transportation facilities in	10632
this state, including recommendations for adequate funding of the	10633
implementation of such planning;	10634

(3) Coordinate its activities with those of other appropriate	10635
state departments, public agencies, and authorities, and enter	10636
into any contracts with such departments, agencies, and	10637
authorities as may be necessary to carry out its duties, powers,	10638
and functions;	10639

(4) Cooperate with and assist the public utilities commission	10640
in the commission's administration of sections 4907.47 to 4907.476	10641
of the Revised Code, particularly with respect to the federal	10642
highway administration;	10643

(5) Cooperate with and assist the Ohio power siting board in	10644
the board's administration of Chapter 4906. of the Revised Code;	10645

(6) Give particular consideration to the development of	10646
policy and planning for public transportation facilities, and to	10647
the coordination of associated activities relating thereto, as	10648
prescribed under divisions (A)(2) and (3) of this section;	10649

(7) Conduct, in cooperation with the Ohio legislative service	10650
commission, any studies or comparisons of state traffic laws and	10651
local traffic ordinances with model laws and ordinances that may	10652
be required to meet program standards adopted by the United States	10653
department of transportation pursuant to the "Highway Safety Act	10654
of 1966," 80 Stat. 731, U.S.C.A. 401;	10655

(8) Prepare, print, distribute, and advertise books, maps,	10656
pamphlets, and other information that, in the judgment of the	10657
director, will inform the public and other governmental	10658
departments, agencies, and authorities as to the duties, powers,	10659
and functions of the department;	10660

(9) In its research and development program, consider	10661
technologies for improving safety, mobility, aviation and aviation	10662
education, transportation facilities, roadways, including	10663
construction techniques and materials to prolong project life,	10664
being used or developed by other states that have geographic,	10665
geologic, or climatic features similar to this state's, and	10666
collaborate with those states in that development.	10667

(B) Nothing contained in ~~division (A)(1) of~~ this section	10668
shall be held to in any manner affect, limit, restrict, or	10669
otherwise interfere with the exercise of powers relating to	10670
transportation facilities by appropriate agencies of the federal	10671
government, or by counties, municipal corporations, or other	10672
political subdivisions or special districts in this state	10673
authorized by law to exercise such powers.	10674

(C) The department may use all appropriate sources of revenue	10675
to assist in the development and implementation of rail service as	10676
defined by division (C) of section 4981.01 of the Revised Code.	10677

(D) The director of transportation may enter into contracts	10678
with public agencies including political subdivisions, other state	10679
agencies, boards, commissions, regional transit authorities,	10680
county transit boards, and port authorities, to administer the	10681
design, qualification of bidders, competitive bid letting,	10682
construction inspection, research, and acceptance of any projects	10683
or transportation facilities administered by the department,	10684
provided the administration of such projects or transportation	10685
facilities is performed in accordance with all applicable state	10686
and federal laws and regulations with oversight by the department.	10687

(E) The director may enter into cooperative or contractual	10688
agreements with any individual, organization, or business related	10689
to the creation or promotion of a traveler information program.	10690
The traveler information program shall provide real-time traffic	10691
conditions and travel time information to travelers by telephone,	10692
text message, internet, or other similar means at no cost to the	10693
traveler. The director may contract with a program manager for the	10694
traveler information program. The program manager shall be	10695
responsible for all costs associated with the development and	10696
operation of the traveler information program. The compensation	10697
due to a program manager or vendor under any of these agreements	10698
may include deferred compensation in an amount determined by the	10699
director. Excess revenue shall be remitted to the department for	10700
deposit into the highway operating fund.	10701

(F) Any materials or data submitted to, made available to, or	10702
received by the director of transportation, to the extent that the	10703
materials or data consist of trade secrets, as defined in section	10704
1333.61 of the Revised Code, or commercial or financial	10705
information, are confidential and are not public records for the	10706
purposes of section 149.43 of the Revised Code.	10707

Sec. 5501.17. The director of transportation may employ such	10708
assistants as are necessary to prepare plans and surveys.	10709
Compensation paid for the preparation of plans, surveys, and	10710
specifications shall be regarded as a part of the cost and expense	10711
of the improvement for which they were made and shall be paid from	10712
funds set aside for the improvement.	10713

The director may appoint additional clerks and stenographers,	10714
and such other engineers, inspectors, technicians, and other	10715
employees as are necessary to carry out Chapters 4561., 5501.,	10716
5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523.,	10717
5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised	10718
Code. All such technicians employed under the authority of this	10719
section shall be eligible to receive pay during periods of on the	10720
job training or while attending special training schools conducted	10721
by the department of transportation. Such employees and	10722
appointees, in addition to their salaries, shall receive their	10723
actual necessary traveling expenses when on official business.	10724

The director may contract with regional, county, or municipal	10725
planning commissions or county engineers having adequate staffs,	10726
and with planning agencies of adjacent states, for the preparation	10727
of comprehensive transportation and land use studies and major	10728
thoroughfare reports, or parts thereof, and pay the commissions,	10729
county engineers, or planning agencies of adjacent states for such	10730
work from funds available to the department.	10731

Sec. 5501.31. The director of transportation shall have	10732
general supervision of all roads comprising the state highway	10733
system. The director may alter, widen, straighten, realign,	10734
relocate, establish, construct, reconstruct, improve, maintain,	10735
repair, and preserve any road or highway on the state highway	10736
system, and, in connection therewith, relocate, alter, widen,	10737
deepen, clean out, or straighten the channel of any watercourse as	10738
the director considers necessary, and purchase or appropriate	10739
property for the disposal of surplus materials or borrow pits,	10740
and, where an established road has been relocated, establish,	10741
construct, and maintain such connecting roads between the old and	10742
new location as will provide reasonable access thereto.	10743

The director may purchase or appropriate property necessary	10744
for the location or construction of any culvert, bridge, or	10745
viaduct, or the approaches thereto, including any property needed	10746
to extend, widen, or alter any feeder or outlet road, street, or	10747
way adjacent to or under the bridge or viaduct when the extension,	10748
widening, or alteration of the feeder road, street, or way is	10749
necessary for the full utilization of the bridge or viaduct, or	10750
for any other highway improvement. The director may purchase or	10751
appropriate, for such length of time as is necessary and	10752
desirable, any additional property required for the construction	10753
and maintenance of slopes, detour roads, sewers, roadside parks,	10754
rest areas, recreational park areas, park and ride facilities, and	10755
park and carpool or vanpool facilities, scenic view areas,	10756
drainage systems, or land to replace wetlands, incident to any	10757
highway improvement, that the director is or may be authorized to	10758
locate or construct. Also incident to any authorized highway	10759
improvement, the director may purchase property from a willing	10760
seller as required for the construction and maintenance of	10761
bikeways and bicycle paths or to replace, preserve, or conserve	10762
any environmental resource if the replacement, preservation, or	10763
conservation is required by state or federal law.	10764

Title to property purchased or appropriated by the director	10765
shall be taken in the name of the state either in fee simple or in	10766
any lesser estate or interest that the director considers	10767
necessary or proper, in accordance with forms to be prescribed by	10768
the attorney general. The deed shall contain a description of the	10769
property and be recorded in the county where the property is	10770
situated and, when recorded, shall be kept on file in the	10771
department of transportation. The property may be described by	10772
metes and bounds or by the department of transportation parcel	10773
number as shown on a right of way plan recorded in the county	10774
where the property is located.	10775

Provided that when property, other than property used by a	10776
railroad for operating purposes, is acquired in connection with	10777
improvements involving projects affecting railroads wherein the	10778
department is obligated to acquire property under grade separation	10779
statutes, or on other improvements wherein the department is	10780
obligated to acquire lands under agreements with railroads, or	10781
with a public utility, political subdivision, public corporation,	10782
or private corporation owning transportation facilities for the	10783
readjustment, relocation, or improvement of their facilities, a	10784
fee simple title or an easement may be acquired by purchase or	10785
appropriation in the name of the railroad, public utility,	10786
political subdivision, public corporation, or private corporation	10787
in the discretion of the director. When the title to lands, which	10788
are required to adjust, relocate, or improve such facilities	10789
pursuant to agreements with the director, is taken in the name of	10790
the state, then, in the discretion of the director, the title to	10791
such lands may be conveyed to the railroad, public utility,	10792
political subdivision, or public corporation for which they were	10793
acquired. The conveyance shall be prepared by the attorney general	10794
and executed by the governor and bear the great seal of the state	10795
of Ohio.	10796

The director, in the maintenance or repair of state highways,	10797
is not limited to the use of the materials with which the	10798
highways, including the bridges and culverts thereon, were	10799
originally constructed, but may use any material that is proper or	10800
suitable. The director may aid any board of county commissioners	10801
in establishing, creating, and repairing suitable systems of	10802
drainage for all highways within the jurisdiction or control of	10803
the board and advise with it as to the establishment,	10804
construction, improvement, maintenance, and repair of the	10805
highways.	10806

Chapters 4561., 5501., 5503., 5511., 5513., 5515., 5516.,	10807
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,	10808
5533., and 5535. of the Revised Code do not prohibit the federal	10809
government, any government agency, or any individual or	10810
corporation, from contributing a portion of the cost of the	10811
establishment, construction, reconstruction, relocating, widening,	10812
resurfacing, maintenance, and repair of the highways or	10813
transportation facilities.	10814

Except in the case of maintaining, repairing, erecting	10815
traffic signs on, or pavement marking of state highways within	10816
villages, which is mandatory as required by section 5521.01 of the	10817
Revised Code, and except as provided in section 5501.49 of the	10818
Revised Code, no duty of constructing, reconstructing, widening,	10819
resurfacing, maintaining, or repairing state highways within	10820
municipal corporations, or the culverts thereon, shall attach to	10821
or rest upon the director, but the director may construct,	10822
reconstruct, widen, resurface, maintain, and repair the same with	10823
or without the cooperation of any municipal corporation, or with	10824
or without the cooperation of boards of county commissioners upon	10825
each municipal corporation consenting thereto.	10826

Sec. 5501.51. (A) The state shall reimburse a utility for	10827
the cost of relocation of utility facilities necessitated by the	10828
construction of a highway project only in the event that the	10829
utility can evidence a vested interest in the nature of a fee	10830
interest, an easement interest, or a lesser estate in the real	10831
property it occupies in the event that the utility possesses a	10832
vested interest in such property. The utility shall present	10833
evidence satisfactory to the state substantiating the cost of	10834
relocation. The director may audit all financial records which the	10835
director determines necessary to verify such actual costs.	10836

(B) The director of transportation may establish and enforce	10837
such rules and procedures as the director may determine to be	10838
necessary to assure consistency governing any and all aspects of	10839
the cost of utility relocations. The director may adopt such	10840
amendments to such rules as are necessary and within the	10841
guidelines of this section.	10842

10843

(1) "Cost of relocation" includes the actual cost paid by a	10844
utility directly attributable to relocation after deducting any	10845
increase in the value of the new facility and any salvage value	10846
derived from the old facility.	10847

(2) "Utility" includes ~~publicly~~all of the following:

10848

(a) Publicly, privately, and cooperatively owned utilities	10849
that are subject to the authority of the public utilities	10850
commission of Ohio~~. "Utility" also includes a~~;	10851

(b) A cable operator as defined in the "Cable Communications	10852
Policy Act of 1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by	10853
the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151,	10854
and includes the provision of other information or	10855
telecommunications services, or both~~, and an~~;	10856

(c) An electric cooperative and a municipal electric utility,	10857
both as defined in section 4928.01 of the Revised Code;	10858

(d) County-owned or county-operated water and sewer	10859
facilities.	10860

Sec. 5501.73. (A) After selecting a solicited or unsolicited	10861
proposal for a public-private initiative, the department of	10862
transportation shall enter into a public-private agreement for a	10863
transportation facility with the selected private entity or any	10864
configuration of private entities. An affected jurisdiction may be	10865
a party to a public-private agreement entered into by the	10866
department and a selected private entity or combination of private	10867
entities.	10868

(B) A public-private agreement under this section shall	10869
provide for all of the following:	10870

(1) Planning, acquisition, financing, development, design,	10871
construction, reconstruction, replacement, improvement,	10872
maintenance, management, repair, leasing, or operation of a	10873
transportation facility;	10874

(2) Term of the public-private agreement;

10875

(3) Type of property interest, if any, the private entity	10876
will have in the transportation facility;	10877

(4) A specific plan to ensure proper maintenance of the	10878
transportation facility throughout the term of the agreement and a	10879
return of the facility to the department, if applicable, in good	10880
condition and repair;	10881

(5) Whether user fees will be collected on the transportation	10882
facility and the basis by which such user fees shall be determined	10883
and modified;	10884

(6) Compliance with applicable federal, state, and local	10885
laws;	10886

(7) Grounds for termination of the public-private agreement	10887
by the department or operator;	10888

(8) Disposition of the facility upon completion of the	10889
agreement;	10890

(9) Procedures for amendment of the agreement.

10891

(C) A public-private agreement under this section may provide	10892
for any of the following:	10893

(1) Review and approval by the department of the operator's	10894
plans for the development and operation of the transportation	10895
facility;	10896

(2) Inspection by the department of construction of or	10897
improvements to the transportation facility;	10898

(3) Maintenance by the operator of a policy of liability	10899
insurance or self-insurance;	10900

(4) Filing by the operator, on a periodic basis, of	10901
appropriate financial statements in a form acceptable to the	10902
department;	10903

(5) Filing by the operator, on a periodic basis, of traffic	10904
reports in a form acceptable to the department;	10905

(6) Financing obligations of the operator and the department;

10906

(7) Apportionment of expenses between the operator and the	10907
department;	10908

(8) Rights and duties of the operator, the department, and	10909
other state and local governmental entities with respect to use of	10910
the transportation facility;	10911

(9) Rights and remedies available in the event of default or	10912
delay;	10913

(10) Terms and conditions of indemnification of the operator	10914
by the department;	10915

(11) Assignment, subcontracting, or other delegation of	10916
responsibilities of the operator or the department under the	10917
agreement to third parties, including other private entities and	10918
other state agencies;	10919

(12) Sale or lease to the operator of private property	10920
related to the transportation facility;	10921

(13) Traffic enforcement and other policing issues, including	10922
any reimbursement by the private entity for such services.	10923

(D)(1) The director of transportation may include in any	10924
public-private agreement under sections 5501.70 to 5501.83 of the	10925
Revised Code a provision authorizing a binding dispute resolution	10926
method for any controversy subsequently arising out of the	10927
contract. The binding dispute resolution method may proceed only	10928
upon agreement of all parties to the controversy. If all parties	10929
do not agree to proceed to a binding dispute resolution, a party	10930
having a claim against the department shall exhaust its	10931
administrative remedies specified in the public-private agreement	10932
prior to filing any action against the department in the court of	10933
claims.	10934

No appeal from the determination of a technical expert lies	10935
to any court, except that the court of common pleas of Franklin	10936
County may issue an order vacating such a determination upon the	10937
application of any party to the binding dispute resolution if any	10938
of the following applies:	10939

(a) The determination was procured by corruption, fraud, or	10940
undue means.	10941

(b) There was evidence of partiality or corruption on the	10942
part of the technical expert.	10943

(c) The technical expert was guilty of misconduct in refusing	10944
to postpone the hearing, upon sufficient cause shown, or in	10945
refusing to hear evidence pertinent and material to the	10946
controversy, or of any other misbehavior by which the rights of	10947
any party have been prejudiced.	10948

(2) As used in this division, "binding dispute resolution"	10949
means a binding determination after review by a technical expert	10950
of all relevant items, which may include documents, and by	10951
interviewing appropriate personnel and visiting the project site	10952
involved in the controversy. "Binding dispute resolution" does not	10953
involve representation by legal counsel or advocacy by any person	10954
on behalf of any party to the controversy.	10955

(E) No public-private agreement entered into under this	10956
section shall be construed to transfer to a private entity the	10957
director's authority to appropriate property under Chapters 163.,	10958
5501., and 5519. of the Revised Code.	10959

Sec. 5501.77. (A) For the purposes of carrying out sections	10960
5501.70 to 5501.83 of the Revised Code, the department of	10961
transportation may do all of the following:	10962

(1) Accept, subject to applicable terms and conditions,	10963
available funds from the United States or any of its agencies,	10964
whether the funds are made available by grant, loan, or other	10965
financial assistance;	10966

(2) Enter into agreements or other arrangements with the	10967
United States or any of its agencies as may be necessary;	10968

(3) For the purpose of completing a transportation facility	10969
under an agreement, accept from any source any grant, donation,	10970
gift, or other form of conveyance of land, money, other real or	10971
personal property, or other item of value made to the state or the	10972
department.	10973

(B) Any transportation facility may be financed in whole or	10974
in part by contribution of any funds or property made by any	10975
private entity or affected jurisdiction that is party to a	10976
public-private agreement under sections 5501.70 to 5501.83 of the	10977
Revised Code.	10978

(C) The department may use federal, state, local, and private	10979
funds to finance a transportation facility under sections 5501.70	10980
to 5501.83 of the Revised Code and shall comply with any	10981
requirements and restrictions governing the use of the funds,	10982
including maintaining the funds separately when necessary.	10983

(D) The director of transportation, in accordance with	10984
Chapter 119. of the Revised Code, may adopt such rules as the	10985
director considers advisable for the control and regulation of	10986
traffic on any transportation facility subject to a public-private	10987
agreement, for the protection and preservation of the	10988
transportation facility, for the maintenance and preservation of	10989
good order within the transportation facility, and for the purpose	10990
of establishing vehicle owner or operator liability for avoidance	10991
of user fees. The rules shall provide that public police officers	10992
shall be afforded ready access, while in the performance of their	10993
official duties, to the transportation facility without the	10994
payment of user fees.	10995

(1) No person shall violate any rules of the department of	10996
transportation adopted under this division.	10997

(2)(a) All fines collected for the violation of applicable	10998
laws of the state and the rules of the department of	10999
transportation or money arising from bonds forfeited for such	11000
violation shall be disposed of in accordance with section 5503.04	11001
of the Revised Code.	11002

(b) All fees or charges assessed by the department of	11003
transportation or a public-private operator in accordance with	11004
this section against an owner or operator of a vehicle as a civil	11005
violation for failure to comply with toll collection rules shall	11006
be revenues of the department or public-private operator as set	11007
forth in the public-private agreement.	11008

(E)(1) Except as provided in division (E)(2) of this section,	11009
whoever violates division (D)(1) of this section is guilty of a	11010
minor misdemeanor on a first offense; on each subsequent offense	11011
such person is guilty of a misdemeanor of the fourth degree.	11012

(2) Whoever violates division (D)(1) of this section when the	11013
violation is a civil violation for failure to comply with toll	11014
collection rules is subject to a fee or charge established by the	11015
department by rule.	11016

Sec. 5502.01. (A) The department of public safety shall	11017
administer and enforce the laws relating to the registration,	11018
licensing, sale, and operation of motor vehicles and the laws	11019
pertaining to the licensing of drivers of motor vehicles.	11020

The department shall compile, analyze, and publish statistics	11021
relative to motor vehicle accidents and the causes of them,	11022
prepare and conduct educational programs for the purpose of	11023
promoting safety in the operation of motor vehicles on the	11024
highways, and conduct research and studies for the purpose of	11025
promoting safety on the highways of this state.	11026

(B) The department shall administer the laws and rules	11027
relative to trauma and emergency medical services specified in	11028
Chapter 4765. of the Revised Code and any laws and rules relative	11029
to medical transportation services specified in Chapter 4766. of	11030
the Revised Code.	11031

(C) The department shall administer and enforce the laws	11032
contained in Chapters 4301. and 4303. of the Revised Code and	11033
enforce the rules and orders of the liquor control commission	11034
pertaining to retail liquor permit holders.	11035

(D) The department shall administer the laws governing the	11036
state emergency management agency and shall enforce all additional	11037
duties and responsibilities as prescribed in the Revised Code	11038
related to emergency management services.	11039

(E) The department shall conduct investigations pursuant to	11040
Chapter 5101. of the Revised Code in support of the duty of the	11041
department of job and family services to administer the	11042
supplemental nutrition assistance program throughout this state.	11043
The department of public safety shall conduct investigations	11044
necessary to protect the state's property rights and interests in	11045
the supplemental nutrition assistance program.	11046

(F) The department of public safety shall enforce compliance	11047
with orders and rules of the public utilities commission and	11048
applicable laws in accordance with Chapters 4905., 4921., and	11049
4923. of the Revised Code regarding commercial motor vehicle	11050
transportation safety, economic, and hazardous materials	11051
requirements.	11052

(G) Notwithstanding Chapter 4117. of the Revised Code, the	11053
department of public safety may establish requirements for its	11054
enforcement personnel, including its enforcement agents described	11055
in section 5502.14 of the Revised Code, that include standards of	11056
conduct, work rules and procedures, and criteria for eligibility	11057
as law enforcement personnel.	11058

(H) The department shall administer, maintain, and operate	11059
the Ohio criminal justice network. The Ohio criminal justice	11060
network shall be a computer network that supports state and local	11061
criminal justice activities. The network shall be an electronic	11062
repository for various data, which may include arrest warrants,	11063
notices of persons wanted by law enforcement agencies, criminal	11064
records, prison inmate records, stolen vehicle records, vehicle	11065
operator's licenses, and vehicle registrations and titles.	11066

(I) The department shall coordinate all homeland security	11067
activities of all state agencies and shall be a liaison between	11068
state agencies and local entities for those activities and related	11069
purposes.	11070

(J) Beginning July 1, 2004, the department shall administer	11071
and enforce the laws relative to private investigators and	11072
security service providers specified in Chapter 4749. of the	11073
Revised Code.	11074

(K) The department shall administer criminal justice services	11075
in accordance with sections 5502.61 to 5502.66 of the Revised	11076
Code.	11077

Sec. 5503.01. There is hereby created in the department of	11078
public safety a division of state highway patrol which shall be	11079
administered by a superintendent of the state highway patrol.	11080

The superintendent shall be appointed by the director of	11081
public safety, and shall serve at the director's pleasure. The	11082
superintendent shall hold the rank of colonel and be appointed	11083
from within the eligible ranks of the patrol. The superintendent	11084
shall give bond for the faithful performance of the	11085
superintendent's official duties in such amount and with such	11086
security as the director approves.	11087

The superintendent, with the approval of the director, may	11088
appoint any number of state highway patrol troopers and radio	11089
operators as are necessary to carry out sections 5503.01 to	11090
5503.06 of the Revised Code, but the number of troopers shall not	11091
be less than eight hundred eighty. The number of radio operators	11092
shall not exceed eighty in number. Except as provided in this	11093
section, at the time of appointment, troopers shall be not less	11094
than twenty-one years of age, nor have reached thirty-five years	11095
of age. A person who is attending a training school for	11096
prospective state highway patrol troopers established under	11097
section 5503.05 of the Revised Code and attains the age of	11098
thirty-five years during the person's period of attendance at that	11099
training school shall not be disqualified as over age and shall be	11100
permitted to continue to attend the training school as long as the	11101
person otherwise is eligible to do so. Such a person also remains	11102
eligible to be appointed a trooper. Any other person who attains	11103
or will attain the age of thirty-five years prior to the time of	11104
appointment shall be disqualified as over age.	11105

At the time of appointment, troopers shall have been legal	11106
residents of Ohio for at least one year, except that this	11107
residence requirement may be waived by the superintendent.	11108

If any state highway patrol troopers become disabled through	11109
accident or illness, the superintendent, with the approval of the	11110
director, shall fill any vacancies through the appointment of	11111
other troopers from a qualified list to serve during the period of	11112
the disability.	11113

The superintendent and state highway patrol troopers shall be	11114
vested with the authority of peace officers for the purpose of	11115
enforcing the laws of the state that it is the duty of the patrol	11116
to enforce and may arrest, without warrant, any person who, in the	11117
presence of the superintendent or any trooper, is engaged in the	11118
violation of any such laws. The state highway patrol troopers	11119
shall never be used as peace officers in connection with any	11120
strike or labor dispute.	11121

Each state highway patrol trooper and radio operator, upon	11122
appointment and before entering upon official duties, shall take	11123
an oath of office for faithful performance of the trooper's or	11124
radio operator's official duties and execute a bond in the sum of	11125
twenty-five hundred dollars, payable to the state and for the use	11126
and benefit of any aggrieved party who may have a cause of action	11127
against any trooper or radio operator for misconduct while in the	11128
performance of official duties. In no event shall the bond include	11129
any claim arising out of negligent operation of a motorcycle or	11130
motor vehicle used by a trooper or radio operator in the	11131
performance of official duties.	11132

The superintendent shall prescribe a distinguishing uniform	11133
and badge which shall be worn by each state highway patrol trooper	11134
and radio operator while on duty, unless otherwise designated by	11135
the superintendent. No person shall wear the distinguishing	11136
uniform of the state highway patrol or the badge or any	11137
distinctive part of that uniform, except on order of the	11138
superintendent.	11139

The superintendent, with the approval of the director, may	11140
appoint necessary clerks, stenographers, and employees.	11141

Sec. 5503.03. The state highway patrol and the	11142
superintendent of the state highway patrol shall be furnished by	11143
the state with such vehicles, equipment, and supplies as the	11144
director of public safety deems necessary, all of which shall	11145
remain the property of the state and be strictly accounted for by	11146
each member of the patrol.	11147

The patrol may be equipped with standardized and tested	11148
devices for weighing vehicles, and may stop and weigh any vehicle	11149
which appears to weigh in excess of the amounts permitted by	11150
sections 5577.01 to 5577.14 of the Revised Code.	11151

The superintendent, with the approval of the director, shall	11152
prescribe rules for instruction and discipline, make all	11153
administrative rules, and fix the hours of duty for patrol	11154
officers. HeThe superintendent shall divide the state into	11155
districts and assign members of the patrol to such districts in a	11156
manner that hethe superintendent deems proper. HeThe	11157
superintendent may transfer members of the patrol from one	11158
district to another, ~~and classify~~ and rank members of the patrol.	11159
All ranks below the level of superintendent shall be classified.	11160
All promotions to a higher grade shall be made from the next lower	11161
grade. When a patrol officer is promoted by the superintendent,	11162
the officer's salary shall be increased to that of the lowest step	11163
in the pay range for the new grade which shall increase the	11164
officer's salary or wage by at least nine per cent of the base pay	11165
wherever possible.	11166

Sec. 5503.04. Forty-five per cent of the fines collected	11167
from or moneys arising from bail forfeited by persons apprehended	11168
or arrested by state highway patrol troopers shall be paid into	11169
the state treasury to be credited to the general revenue fund,	11170
five per cent shall be paid into the state treasury to be credited	11171
to the trauma and emergency medical services fund created by	11172
section 4513.263 of the Revised Code, and fifty per cent shall be	11173
paid into the treasury of the municipal corporation where the case	11174
is prosecuted, if in a mayor's court. If the prosecution is in a	11175
trial court outside a municipal corporation, or outside the	11176
territorial jurisdiction of a municipal court, the fifty per cent	11177
of the fines and moneys that is not paid into the state treasury	11178
shall be paid into the treasury of the county where the case is	11179
prosecuted. The fines and moneys paid into a county treasury and	11180
the fines and moneys paid into the treasury of a municipal	11181
corporation shall be deposited one-half to the same fund and	11182
expended in the same manner as is the revenue received from the	11183
registration of motor vehicles, and one-half to the general fund	11184
of such county or municipal corporation.	11185

If the prosecution is in a municipal court, forty-five per	11186
cent of the fines and moneys shall be paid into the state treasury	11187
to be credited to the general revenue fund, five per cent shall be	11188
paid into the state treasury to be credited to the trauma and	11189
emergency medical services ~~grants~~ fund created by division (E) of	11190
section 4513.263 of the Revised Code, ten per cent shall be paid	11191
into the county treasury to be credited to the general fund of the	11192
county, and forty per cent shall be paid into the municipal	11193
treasury to be credited to the general fund of the municipal	11194
corporation. In the Auglaize county, Clermont county, Crawford	11195
county, Hocking county, Jackson county, Lawrence county, Madison	11196
county, Miami county, Ottawa county, Portage county, and Wayne	11197
county municipal courts, that portion of money otherwise paid into	11198
the municipal treasury shall be paid into the county treasury.	11199

The trial court shall make remittance of the fines and moneys	11200
as prescribed in this section, and at the same time as the	11201
remittance is made of the state's portion to the state treasury,	11202
the trial court shall notify the superintendent of the state	11203
highway patrol of the case and the amount covered by the	11204
remittance.	11205

This section does not apply to fines for violations of	11206
division (B) of section 4513.263 of the Revised Code, or for	11207
violations of any municipal ordinance that is substantively	11208
comparable to that division, all of which shall be delivered to	11209
the treasurer of state as provided in division (E) of section	11210
4513.263 of the Revised Code.	11211

Sec. 5503.31. The state highway patrol shall have the same	11212
authority as is conferred upon it by section 5503.02 of the	11213
Revised Code with respect to the enforcement of state laws on	11214
other roads and highways and on other state properties, to enforce	11215
on all turnpike projects the laws of the state and the bylaws,	11216
rules, and regulations of the Ohio turnpike and infrastructure	11217
commission. The patrol, the superintendent of the patrol, and all	11218
state highway patrol troopers shall have the same authority to	11219
make arrests on all turnpike projects for violations of state laws	11220
and of bylaws, rules, and regulations of the Ohio turnpike and	11221
infrastructure commission as is conferred upon them by section	11222
5503.02 of the Revised Code to make arrests on, and in connection	11223
with offenses committed on, other roads and highways and on other	11224
state properties.	11225

Sec. 5503.32. The director of public safety may from time to	11226
time enter into contracts with the Ohio turnpike and	11227
infrastructure commission with respect to the policing of turnpike	11228
projects by the state highway patrol. The contracts shall provide	11229
for the reimbursement of the state by the commission for the costs	11230
incurred by the patrol in policing turnpike projects, including,	11231
but not limited to, the salaries of employees of the patrol	11232
assigned to the policing, the current costs of funding retirement	11233
pensions for the employees of the patrol and of providing workers'	11234
compensation for them, the cost of training state highway patrol	11235
troopers and radio operators assigned to turnpike projects, and	11236
the cost of equipment and supplies used by the patrol in such	11237
policing, and of housing for such troopers and radio operators, to	11238
the extent that the equipment, supplies, and housing are not	11239
directly furnished by the commission. Each contract may provide	11240
for the ascertainment of such costs, and shall be of any duration,	11241
not in excess of five years, and may contain any other terms, that	11242
the director and the commission may agree upon. The patrol shall	11243
not be obligated to furnish policing services on any turnpike	11244
project beyond the extent required by the contract. All payments	11245
pursuant to any contract in reimbursement of the costs of the	11246
policing shall be deposited in the state treasury to the credit of	11247
the turnpike policing fund, which is hereby created. All	11248
investment earnings of the fund shall be credited to the fund.	11249

Sec. 5513.01. (A) All purchases of machinery, materials,	11250
supplies, or other articles that the director of transportation	11251
makes shall be in the manner provided in this section. In all	11252
cases except those in which the director provides written	11253
authorization for purchases by district deputy directors of	11254
transportation, all such purchases shall be made at the central	11255
office of the department of transportation in Columbus. Before	11256
making any purchase at that office, the director, as provided in	11257
this section, shall give notice to bidders of the director's	11258
intention to purchase. Where the expenditure does not exceed the	11259
amount applicable to the purchase of supplies specified in	11260
division (B) of section 125.05 of the Revised Code, as adjusted	11261
pursuant to division (D) of that section, the director shall give	11262
such notice as the director considers proper, or the director may	11263
make the purchase without notice. Where the expenditure exceeds	11264
the amount applicable to the purchase of supplies specified in	11265
division (B) of section 125.05 of the Revised Code, as adjusted	11266
pursuant to division (D) of that section, the director shall give	11267
notice by posting for not less than ten days a written, typed, or	11268
printed invitation to bidders on a bulletin board, which shall be	11269
located in a place in the offices assigned to the department and	11270
open to the public during business hours. Producers or	11271
distributors of any product may notify the director, in writing,	11272
of the class of articles for the furnishing of which they desire	11273
to bid and their post-office addresses, in which case copies of	11274
all invitations to bidders relating to the purchase of such	11275
articles shall be mailed to such persons by the director by	11276
regular first class mail at least ten days prior to the time fixed	11277
for taking bids. The director also may mail copies of all	11278
invitations to bidders to news agencies or other agencies or	11279
organizations distributing information of this character. Requests	11280
for invitations shall not be valid nor require action by the	11281
director unless renewed, either annually or after such shorter	11282
period as the director may prescribe by a general rule. The	11283
invitation to bidders shall contain a brief statement of the	11284
general character of the article that it is intended to purchase,	11285
the approximate quantity desired, and a statement of the time and	11286
place where bids will be received, and may relate to and describe	11287
as many different articles as the director thinks proper, it being	11288
the intent and purpose of this section to authorize the inclusion	11289
in a single invitation of as many different articles as the	11290
director desires to invite bids upon at any given time.	11291
Invitations issued during each calendar year shall be given	11292
consecutive numbers, and the number assigned to each invitation	11293
shall appear on all copies thereof. In all cases where notice is	11294
required by this section, sealed bids shall be taken, on forms	11295
prescribed and furnished by the director, and modification of bids	11296
after they have been opened shall not be permitted.	11297

(B) The director may permit the Ohio turnpike and	11298
infrastructure commission, any political subdivision, and any	11299
state university or college to participate in contracts into which	11300
the director has entered for the purchase of machinery, materials,	11301
supplies, or other articles. The turnpike and infrastructure	11302
commission and any political subdivision or state university or	11303
college desiring to participate in such purchase contracts shall	11304
file with the director a certified copy of the bylaws or rules of	11305
the turnpike and infrastructure commission or the ordinance or	11306
resolution of the legislative authority, board of trustees, or	11307
other governing board requesting authorization to participate in	11308
such contracts and agreeing to be bound by such terms and	11309
conditions as the director prescribes. Purchases made by the	11310
turnpike and infrastructure commission, political subdivisions, or	11311
state universities or colleges under this division are exempt from	11312
any competitive bidding required by law for the purchase of	11313
machinery, materials, supplies, or other articles.	11314

11315

(1) "Political subdivision" means any county, township,	11316
municipal corporation, conservancy district, township park	11317
district, park district created under Chapter 1545. of the Revised	11318
Code, port authority, regional transit authority, regional airport	11319
authority, regional water and sewer district, county transit	11320
board, or school district as defined in section 5513.04 of the	11321
Revised Code.	11322

(2) "State university or college" has the same meaning as in	11323
division (A)(1) of section 3345.32 of the Revised Code.	11324

(3) "Ohio turnpike and infrastructure commission" means the	11325
commission created by section 5537.02 of the Revised Code.	11326

Sec. 5517.02. (A) Before undertaking the construction,	11327
reconstruction by widening or resurfacing, or improvement of a	11328
state highway, or a bridge or culvert thereon, or the installation	11329
of a traffic control signal on a state highway, the director of	11330
transportation, except as provided in section 5517.021 of the	11331
Revised Code, shall make an estimate of the cost of the work using	11332
the force account project assessment form developed by the auditor	11333
of state under section 117.16 of the Revised Code. In	11334
~~constructing, or reconstructing by widening or resurfacing,~~	11335
~~improving, maintaining, and repairing state highways, and the~~	11336
~~bridges and culverts thereon, and in installing, maintaining, and~~	11337
~~repairing traffic control signals on state highways, the director,~~	11338
~~except as provided in division (B) of this section, shall proceed~~	11339
~~by contract let to the lowest competent and responsible bidder,~~	11340
~~after advertisement as provided in section 5525.01 of the Revised~~	11341
~~Code~~When a force account project assessment form is required, the	11342
estimate shall include costs for subcontracted work and any	11343
competitively bid component costs.	11344

(B)(1) ~~Where the work contemplated is the construction of a~~	11345
~~bridge or culvert, or the installation of a traffic control~~	11346
~~signal, estimated to cost not more than fifty thousand dollars,~~	11347
~~the director may proceed by employing labor, purchasing materials,~~	11348
~~and furnishing equipment.~~	11349

~~(2) The~~After complying with division (A) of this section,	11350
the director may ~~also~~ proceed without competitive bidding with	11351
maintenance or repair work by employing labor, purchasing	11352
materials, and furnishing equipment, ~~provided~~if the total	11353
estimated cost of the completed operation, or series of connected	11354
operations, does not exceed ~~twenty-five~~the following, as adjusted	11355
under division (B)(2) of this section:	11356

(a) Thirty thousand dollars per centerline mile of highway,	11357
exclusive of structures and traffic control signals~~, or fifty~~;	11358

(b) Sixty thousand dollars for any single ~~structure or~~	11359
traffic control signal or any other single project.	11360

~~(3)~~(2) On the first day of July of every odd-numbered year	11361
beginning in 2015, the director shall increase the amounts	11362
established in division (B)(1) of this section by an amount not to	11363
exceed the lesser of three per cent, or the percentage amount of	11364
any increase in the department of transportation's construction	11365
cost index as annualized and totaled for the prior two calendar	11366
years. The director shall publish the applicable amounts on the	11367
department's internet web site.	11368

(C) The director may proceed by furnishing equipment,	11369
purchasing materials, and employing labor in the erection of	11370
temporary bridges or the making of temporary repairs to a highway	11371
or bridge rendered necessary by flood, landslide, or other	11372
extraordinary emergency. If the director determines inability to	11373
complete such emergency work by force account, the director may	11374
contract for any part of the work, with or without advertising for	11375
bids, as the director considers for the best interest of the	11376
department of transportation.	11377

(D) When a project proceeds by force account under this	11378
section or section 5517.021 of the Revised Code, the department of	11379
transportation shall perform the work in compliance with any	11380
project requirements and specifications that would have applied if	11381
a contract for the work had been let by competitive bidding. The	11382
department shall retain in the project record all records	11383
documenting materials testing compliance, materials placement	11384
compliance, actual personnel and equipment hours usage, and all	11385
other documentation that would have been required if a contract	11386
for the work had been let by competitive bidding.	11387

(E) The director shall proceed by competitive bidding to let	11388
work to the lowest competent and responsible bidder after	11389
advertisement as provided in section 5525.01 of the Revised Code	11390
in both of the following situations:	11391

(1) When the scope of work exceeds the limits established in	11392
section 5517.021 of the Revised Code;	11393

(2) When the estimated cost for a project, other than work	11394
described in section 5517.021 of the Revised Code, exceeds the	11395
amounts established in division (B) of this section, as adjusted.	11396

Sec. 5517.021. (A)(1) The director of transportation may	11397
proceed without competitive bidding by employing labor, purchasing	11398
materials, and furnishing equipment to do any of the following	11399
work:	11400

(a) Replace any single span bridge in its substantial	11401
entirety or widen any single span bridge, including necessary	11402
modifications to accommodate widening the existing substructure	11403
and wing walls. The director shall proceed under division	11404
(A)(1)(a) of this section only if the deck area of the new or	11405
widened bridge does not exceed seven hundred square feet as	11406
measured around the outside perimeter of the deck.	11407

(b) Replace the bearings, beams, and deck of any bridge on	11408
that bridge's existing foundation if the deck area of the	11409
rehabilitated structure does not exceed eight hundred square feet;	11410

(c) Construct or replace any single cell or multi-cell	11411
culvert whose total waterway opening does not exceed fifty-two	11412
square feet;	11413

(d) Pave or patch an asphalt surface if the operation does	11414
not exceed one hundred twenty tons of asphalt per lane-mile of	11415
roadway length, except that the department shall not perform a	11416
continuous resurfacing operation under this section if the cost of	11417
the work exceeds the amount established in division (B)(1)(a) of	11418
section 5517.02 of the Revised Code, as adjusted.	11419

(2) Work performed in accordance with division (A)(1) of this	11420
section may include approach roadway work, extending not more than	11421
one hundred fifty feet as measured from the back side of the	11422
bridge abutment wall or outside edge of the culvert, as	11423
applicable. The length of an approach guardrail shall be in	11424
accordance with department of transportation design requirements	11425
and shall not be included in the approach work size limitation.	11426

(B) The requirements of section 117.16 of the Revised Code	11427
shall not apply to work described in division (A) of this section	11428
and the work shall be exempt from audit for force account purposes	11429
except to determine compliance with the applicable size or tonnage	11430
restrictions.	11431

Sec. 5525.01. Before entering into a contract, the director	11432
of transportation shall advertise for bids for two consecutive	11433
weeks in one newspaper of general circulation published in the	11434
county in which the improvement or part thereof is located, but if	11435
there is no such newspaper then in one newspaper having general	11436
circulation in an adjacent county. In the alternative, the	11437
director may advertise for bids as provided in section 7.16 of the	11438
Revised Code. The director may advertise for bids in such other	11439
publications as the director considers advisable. Such notices	11440
shall state that plans and specifications for the improvement are	11441
on file in the office of the director and the district deputy	11442
director of the district in which the improvement or part thereof	11443
is located and the time within which bids therefor will be	11444
received.	11445

Each bidder shall be required to file with the bidder's bid a	11446
bid guaranty in the form of a certified check, a cashier's check,	11447
or an electronic funds transfer to the treasurer of state that is	11448
evidenced by a receipt or by a certification to the director of	11449
transportation in a form prescribed by the director that an	11450
electronic funds transfer has been made to the treasurer of state,	11451
for an amount equal to five per cent of the bidder's bid, but in	11452
no event more than fifty thousand dollars, or a bid bond for ten	11453
per cent of the bidder's bid, payable to the director, which	11454
check, transferred sum, or bond shall be forthwith returned to the	11455
bidder in case the contract is awarded to another bidder, or, in	11456
case of a successful bidder, when the bidder has entered into a	11457
contract and furnished the bonds required by section 5525.16 of	11458
the Revised Code. In the event the contract is awarded to a	11459
bidder, and the bidder fails or refuses to furnish the bonds as	11460
required by section 5525.16 of the Revised Code, the check,	11461
transferred sum, or bid bond filed with the bidder's bid shall be	11462
forfeited as liquidated damages. No bidder shall be required	11463
either to file a signed contract with the bidder's bid, to enter	11464
into a contract, or to furnish the contract performance bond and	11465
the payment bond required by that section until the bids have been	11466
opened and the bidder has been notified by the director that the	11467
bidder is awarded the contract.	11468

The director shall permit a bidder to withdraw the bidder's	11469
bid from consideration, without forfeiture of the check,	11470
transferred sum, or bid bond filed with the bid, providing a	11471
written request together with a sworn statement of the grounds for	11472
such withdrawal is delivered within forty-eight hours after the	11473
time established for the receipt of bids, and if the price bid was	11474
substantially lower than the other bids, providing the bid was	11475
submitted in good faith, and the reason for the price bid being	11476
substantially lower was a clerical mistake evident on the face of	11477
the bid, as opposed to a judgment mistake, and was actually due to	11478
an unintentional and substantial arithmetic error or an	11479
unintentional omission of a substantial quantity of work, labor,	11480
or material made directly in the compilation of the bid. In the	11481
event the director decides the conditions for withdrawal have not	11482
been met, the director may award the contract to such bidder. If	11483
such bidder does not then enter into a contract and furnish the	11484
contract bond as required by law, the director may declare	11485
forfeited the check, transferred sum, or bid bond as liquidated	11486
damages and award the contract to the next higher bidder or reject	11487
the remaining bids and readvertise the project for bids. Such	11488
bidder ~~may~~, within thirty days, may appeal the decision of the	11489
director to the court of common pleas of Franklin county and the	11490
court may affirm or reverse the decision of the director and may	11491
order the director to refund the amount of the forfeiture. At the	11492
hearing before the common pleas court evidence may be introduced	11493
for and against the decision of the director. The decision of the	11494
common pleas court may be appealed as in other cases.	11495

There is hereby created the ODOT letting fund, which shall be	11496
in the custody of the treasurer of state but shall not be part of	11497
the state treasury. All certified checks and cashiers' checks	11498
received with bidders' bids, and all sums transferred to the	11499
treasurer of state by electronic funds transfer in connection with	11500
bidders' bids, under this section shall be credited to the fund.	11501
All such bid guaranties shall be held in the fund until a	11502
determination is made as to the final disposition of the money. If	11503
the department determines that any such bid guaranty is no longer	11504
required to be held, the amount of the bid guaranty shall be	11505
returned to the appropriate bidder. If the department determines	11506
that a bid guaranty under this section shall be forfeited, the	11507
amount of the bid guaranty shall be transferred or, in the case of	11508
money paid on a forfeited bond, deposited into the state treasury,	11509
to the credit of the highway operating fund. Any investment	11510
earnings of the ODOT letting fund shall be distributed as the	11511
treasurer of state considers appropriate.	11512

The director shall require all bidders to furnish the	11513
director, upon such forms as the director may prescribe, detailed	11514
information with respect to all pending work of the bidder,	11515
whether with the department of transportation or otherwise,	11516
together with such other information as the director considers	11517
necessary.	11518

In the event a bidder fails to submit anything required to be	11519
submitted with the bid and then fails or refuses to so submit such	11520
at the request of the director, the failure or refusal constitutes	11521
grounds for the director, in the director's discretion, to declare	11522
as forfeited the bid guaranty submitted with the bid.	11523

The director may reject any or all bids. Except in regard to	11524
contracts for environmental remediation and specialty work for	11525
which there are no classes of work set out in the rules adopted by	11526
the director, if the director awards the contract, the director	11527
shall award it to the lowest competent and responsible bidder as	11528
defined by rules adopted by the director under section 5525.05 of	11529
the Revised Code, who is qualified to bid under sections 5525.02	11530
to 5525.09 of the Revised Code. In regard to contracts for	11531
environmental remediation and specialty work for which there are	11532
no classes of work set out in the rules adopted by the director,	11533
the director shall competitively bid the projects in accordance	11534
with this chapter and shall award the contracts to the lowest and	11535
best bidder.	11536

The award for all projects competitively let by the director	11537
under this section shall be made within ten days after the date on	11538
which the bids are opened, and the successful bidder shall enter	11539
into a contract and furnish a contract performance bond and a	11540
payment bond, as provided for in section 5525.16 of the Revised	11541
Code, within ten days after the bidder is notified that the bidder	11542
has been awarded the contract.	11543

The director may insert in any contract awarded under this	11544
chapter a clause providing for value engineering change proposals,	11545
under which a contractor who has been awarded a contract may	11546
propose a change in the plans and specifications of the project	11547
that saves the department time or money on the project without	11548
impairing any of the essential functions and characteristics of	11549
the project such as service life, reliability, economy of	11550
operation, ease of maintenance, safety, and necessary standardized	11551
features. If the director adopts the value engineering proposal,	11552
the savings from the proposal shall be divided between the	11553
department and the contractor according to guidelines established	11554
by the director, provided that the contractor shall receive at	11555
least fifty per cent of the savings from the proposal. The	11556
adoption of a value engineering proposal does not invalidate the	11557
award of the contract or require the director to rebid the	11558
project.	11559

Sec. 5525.16. (A) Before entering into a contract, the	11560
director of transportation shall require a contract performance	11561
bond and a payment bond with sufficient sureties, as follows:	11562

(1) A contract performance bond in an amount equal to one	11563
hundred per cent of the ~~estimated cost of the work~~contract	11564
amount, conditioned, among other things, that the contractor will	11565
perform the work upon the terms proposed, within the time	11566
prescribed, and in accordance with the plans and specifications,	11567
will indemnify the state against any damage that may result from	11568
any failure of the contractor to so perform, and, further, in case	11569
of a grade separation will indemnify any railroad company involved	11570
against any damage that may result by reason of the negligence of	11571
the contractor in making the improvement.	11572

(2) A payment bond in an amount equal to one hundred per cent	11573
of the ~~estimated cost of the work~~contract amount, conditioned for	11574
the payment by the contractor and all subcontractors for labor or	11575
work performed or materials furnished in connection with the work,	11576
improvement, or project involved.	11577

(B) In no case is the state liable for damages sustained in	11578
the construction of any work, improvement, or project under this	11579
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	11580
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	11581
5535. of the Revised Code.	11582

This section does not require the director to take bonds as	11583
described in division (A) of this section in connection with any	11584
force account work, but the director may require those bonds in	11585
connection with force account work.	11586

If any bonds taken under this section are executed by a	11587
surety company, the director may not approve such bonds unless	11588
there is attached a certificate of the superintendent of insurance	11589
that the company is authorized to transact business in this state,	11590
and a copy of the power of attorney of the agent of the company.	11591
The superintendent, upon request, shall issue to any licensed	11592
agent of such company the certificate without charge.	11593

The bonds required to be taken under this section shall be	11594
executed by the same surety, approved by the director as to	11595
sufficiency of the sureties, and be in the form prescribed by the	11596
attorney general.	11597

(C) Any person to whom any money is due for labor or work	11598
performed or materials furnished in connection with a work,	11599
improvement, or project, at any time after performing the labor or	11600
furnishing the materials but not later than ninety days after the	11601
acceptance of the work, improvement, or project by the director,	11602
may furnish to the sureties on the payment bond a statement of the	11603
amount due the person. If the indebtedness is not paid in full at	11604
the expiration of sixty days after the statement is furnished, the	11605
person may commence an action in the person's own name upon the	11606
bond as provided in sections 2307.06 and 2307.07 of the Revised	11607
Code.	11608

An action shall not be commenced against the sureties on a	11609
payment bond until sixty days after the furnishing of the	11610
statement described in this section or, notwithstanding section	11611
2305.12 of the Revised Code, later than one year after the date of	11612
the acceptance of the work, improvement, or project.	11613

(D) As used in this section, "improvement," "subcontractor,"	11614
"material supplier," and "materials" have the same meanings as in	11615
section 1311.01 of the Revised Code, and "contractor" has the same	11616
meaning as "original contractor" as defined in that section.	11617

Sec. 5526.01. As used in this chapter:

11618

(A) "Firm" means any person or limited liability company that	11619
is legally engaged in rendering professional services.	11620

(B) "Federal Water Pollution Control Act" has the same	11621
meaning as in section 6111.01 of the Revised Code.	11622

11623

(1) The practice of engineering as defined in section 4733.01	11624
of the Revised Code;	11625

(2) The practice of surveying as defined in section 4733.01	11626
of the Revised Code;	11627

(3) The practice of landscape architecture as defined in	11628
section 4703.30 of the Revised Code;	11629

(4) The evaluation of environmental impacts performed in	11630
accordance with the "National Environmental Policy Act of 1969,"	11631
83 Stat. 852, 42 U.S.C. 4321, as amended, the Federal Water	11632
Pollution Control Act, or any other applicable law or regulation;	11633

(5) Right-of-way acquisition services such as right-of-way	11634
project management, title searches, property valuations,	11635
appraisals, appraisal reviews, negotiations, relocation services,	11636
appropriation activities, real estate closings, and property	11637
management activities that are performed for the purpose of	11638
properly acquiring private and public property rights in	11639
conjunction with public highway projects and that conform to	11640
Chapters 163. and 5501. of the Revised Code; rules 5501:2-5-01 to	11641
5501:2-5-06 of the Ohio Administrative Code; the "Uniform	11642
Relocation Assistance and Real Property Acquisition Policies Act	11643
of 1970," 84 Stat. 1894, 42 U.S.C. 4601, et seq., as amended; the	11644
"Surface Transportation and Uniform Relocation Assistance Act of	11645
1987," Public Law No. 100-17, 101 Stat. 132; applicable provisions	11646
of Titles 23 and 49 of the Code of Federal Regulations; and any	11647
applicable policies and procedures established by the department	11648
of transportation;	11649

(6) Services related to the department's administration of	11650
construction contract claims, including, but not limited to, the	11651
analysis of claims, assistance in negotiations, and assistance	11652
during litigation;	11653

(7) Architectural services related to bridges;

11654

(8) Any other professional service that is determined by the	11655
director of transportation or any other designated officials of	11656
the department to be necessary for the provision of transportation	11657
services or to provide assistance to the department in furtherance	11658
of its statutory duties and powers.	11659

"Professional services" does not mean the practice of	11660
architecture as regulated under Chapter 4703. of the Revised Code,	11661
except landscape architecture and architectural services related	11662
to bridges as provided in divisions (C)(3) and (7) of this	11663
section.	11664

(D) "Qualifications" means all of the following:

11665

(1) The competence of a firm to perform required professional	11666
services as indicated by the technical training, education, and	11667
experience of the firm's personnel, in particular the technical	11668
training, education, and experience of the firm's personnel	11669
assigned to perform professional services for the department;	11670

(2) The ability of a firm in terms of its workload and the	11671
availability of qualified personnel, equipment, and facilities to	11672
perform the required professional services competently and	11673
expeditiously;	11674

(3) The past performance of a firm as indicated by	11675
evaluations of previous clients of the firm with respect to such	11676
factors as control of costs, quality of work, and meeting of	11677
deadlines;	11678

(4) Any other relevant factors as determined by the director.

11679

Sec. 5533.121. In addition to any other name prescribed in	11680
the Revised Code or otherwise, that portion of the road known as	11681
United States highway number twenty-two, within the municipal	11682
corporation of Zanesville only, in Muskingum county, shall be	11683
known as the "U.S. Army Staff Sergeant Lester O. "Buddy" Kinney II	11684
Memorial Highway."	11685

The director of transportation may erect suitable markers	11686
along the highway indicating its name.	11687

Sec. 5533.31. The road known as interstate route eighty,	11688
extending across Ohio from the Pennsylvania border in Trumbull	11689
county to the Indiana border in Williams county, shall be known as	11690
the "Christopher Columbus highway."	11691

The director of transportation may erect suitable markers	11692
upon the portions of such highway under ~~his~~the director's	11693
jurisdiction indicating its name, and the Ohio turnpike and	11694
infrastructure commission may erect suitable markers on the	11695
portions of such highway under its jurisdiction indicating its	11696
name.	11697

Sec. 5537.01. As used in this chapter:

11698

(A) "Commission" means the Ohio turnpike and infrastructure	11699
commission created by section 5537.02 of the Revised Code or, if	11700
that commission is abolished, the board, body, officer, or	11701
commission succeeding to the principal functions thereof or to	11702
which the powers given by this chapter to the commission are given	11703
by law.	11704

(B) "~~Project" or "turnpike~~Turnpike project" means any	11705
express or limited access highway, super highway, or motorway	11706
constructed, operated, or improved, under the jurisdiction of the	11707
commission and pursuant to this chapter, at a location or	11708
locations reviewed by the turnpike legislative review committee	11709
and approved by the governor, including all bridges, tunnels,	11710
overpasses, underpasses, interchanges, entrance plazas,	11711
approaches, those portions of connecting public roads that serve	11712
interchanges and are determined by the commission and the director	11713
of transportation to be necessary for the safe merging of traffic	11714
between the turnpike project and those public roads, toll booths,	11715
service facilities, and administration, storage, and other	11716
buildings, property, and facilities that the commission considers	11717
necessary for the operation or policing of the turnpike project,	11718
together with all property and rights which may be acquired by the	11719
commission for the construction, maintenance, or operation of the	11720
turnpike project, and includes any sections or extensions of a	11721
turnpike project designated by the commission as such for the	11722
particular purpose. Each turnpike project shall be separately	11723
designated, by name or number, and may be constructed, improved,	11724
or extended in such sections as the commission may from time to	11725
time determine. Construction includes the improvement and	11726
renovation of a previously constructed turnpike project, including	11727
additional interchanges, whether or not the turnpike project was	11728
initially constructed by the commission.	11729

(C) "Infrastructure project" means any public express or	11730
limited access highway, super highway, or motorway, including all	11731
bridges, tunnels, overpasses, underpasses, interchanges, entrance	11732
plazas, approaches, and those portions of connecting public roads	11733
that serve interchanges, that is constructed or improved, in whole	11734
or in part, with infrastructure funding approved pursuant to	11735
criteria established under section 5537.18 of the Revised Code.	11736

(D) "Cost," as applied to construction of a turnpike project	11737
or an infrastructure project, includes the cost of construction,	11738
including bridges over or under existing highways and railroads,	11739
acquisition of all property acquired either by the commission or	11740
by the owner of the infrastructure project for the construction,	11741
demolishing or removing any buildings or structures on land so	11742
acquired, including the cost of acquiring any lands to which the	11743
buildings or structures may be moved, site clearance, improvement,	11744
and preparation, diverting public roads, interchanges with public	11745
roads, access roads to private property, including the cost of	11746
land or easements therefor, all machinery, furnishings, and	11747
equipment, communications facilities, financing expenses, interest	11748
prior to and during construction and for one year after completion	11749
of construction, traffic estimates, indemnity and surety bonds and	11750
premiums on insurance, title work and title commitments,	11751
insurance, and guarantees, engineering, feasibility studies, and	11752
legal expenses, plans, specifications, surveys, estimates of cost	11753
and revenues, other expenses necessary or incident to determining	11754
the feasibility or practicability of constructing or operating a	11755
turnpike project or an infrastructure project, administrative	11756
expenses, and any other expense that may be necessary or incident	11757
to the construction of the turnpike project or an infrastructure	11758
project, the financing of the construction, and the placing of the	11759
turnpike project or an infrastructure project in operation. Any	11760
obligation or expense incurred by the department of transportation	11761
with the approval of the commission for surveys, borings,	11762
preparation of plans and specifications, and other engineering	11763
services in connection with the construction of a turnpike project	11764
or an infrastructure project, or by the federal government with	11765
the approval of the commission for any public road projects which	11766
must be reimbursed as a condition to the exercise of any of the	11767
powers of the commission under this chapter, shall be regarded as	11768
a part of the cost of the turnpike project or an infrastructure	11769
project and shall be reimbursed to the state or the federal	11770
government, as the case may be, from revenues, state taxes, or the	11771
proceeds of bonds as authorized by this chapter.	11772

~~(D)~~(E) "Owner" includes all persons having any title or	11773
interest in any property authorized to be acquired by the	11774
commission for turnpike projects under this chapter, or the public	11775
entity for whom an infrastructure project is funded, in whole or	11776
in part, by the commission under this chapter.	11777

~~(E)~~(F) "Revenues" means all tolls, service revenues,	11778
investment income on special funds, rentals, gifts, grants, and	11779
all other moneys coming into the possession of or under the	11780
control of the commission by virtue of this chapter, except the	11781
proceeds from the sale of bonds. "Revenues" does not include state	11782
taxes.	11783

~~(F)~~(G) "Public roads" means all public highways, roads, and	11784
streets in the state, whether maintained by a state agency or any	11785
other governmental agency.	11786

~~(G)~~(H) "Public utility facilities" means tracks, pipes,	11787
mains, conduits, cables, wires, towers, poles, and other equipment	11788
and appliances of any public utility.	11789

~~(H)~~(I) "Financing expenses" means all costs and expenses	11790
relating to the authorization, issuance, sale, delivery,	11791
authentication, deposit, custody, clearing, registration,	11792
transfer, exchange, fractionalization, replacement, payment, and	11793
servicing of bonds including, without limitation, costs and	11794
expenses for or relating to publication and printing, postage,	11795
delivery, preliminary and final official statements, offering	11796
circulars, and informational statements, travel and	11797
transportation, underwriters, placement agents, investment	11798
bankers, paying agents, registrars, authenticating agents,	11799
remarketing agents, custodians, clearing agencies or corporations,	11800
securities depositories, financial advisory services,	11801
certifications, audits, federal or state regulatory agencies,	11802
accounting and computation services, legal services and obtaining	11803
approving legal opinions and other legal opinions, credit ratings,	11804
redemption premiums, and credit enhancement facilities.	11805

~~(I)~~(J) "Bond proceedings" means the resolutions, trust	11806
agreements, certifications, notices, sale proceedings, leases,	11807
lease-purchase agreements, assignments, credit enhancement	11808
facility agreements, and other agreements, instruments, and	11809
documents, as amended and supplemented, or any one or more or any	11810
combination thereof, authorizing, or authorizing or providing for	11811
the terms and conditions applicable to, or providing for the	11812
security or sale or award or liquidity of, bonds, and includes the	11813
provisions set forth or incorporated in those bonds and bond	11814
proceedings.	11815

~~(J)~~(K) "Bond service charges" means principal, including any	11816
mandatory sinking fund or mandatory redemption requirements for	11817
the retirement of bonds, and interest and any redemption premium	11818
payable on bonds, as those payments come due and are payable to	11819
the bondholder or to a person making payment under a credit	11820
enhancement facility of those bond service charges to a	11821
bondholder.	11822

~~(K)~~(L) "Bond service fund" means the applicable fund created	11823
by the bond proceedings for and pledged to the payment of bond	11824
service charges on bonds provided for by those proceedings,	11825
including all moneys and investments, and earnings from	11826
investments, credited and to be credited to that fund as provided	11827
in the bond proceedings.	11828

~~(L)~~(M) "Bonds" means bonds, notes, including notes	11829
anticipating bonds or other notes, commercial paper, certificates	11830
of participation, or other evidences of obligation, including any	11831
interest coupons pertaining thereto, issued by the commission	11832
pursuant to this chapter.	11833

~~(M)~~(N) "Infrastructure fund" means the applicable fund or	11834
funds created by the bond proceedings, which shall be used to pay	11835
or defray the cost of infrastructure projects recommended by the	11836
director of transportation and evaluated and approved by the	11837
commission.	11838

(O) "Net revenues" means revenues lawfully available to pay	11839
both current operating expenses of the commission and bond service	11840
charges in any fiscal year or other specified period, less current	11841
operating expenses of the commission and any amount necessary to	11842
maintain a working capital reserve for that period.	11843

~~(N)~~(P) "Pledged revenues" means net revenues, moneys and	11844
investments, and earnings on those investments, in the applicable	11845
bond service fund and any other special funds, and the proceeds of	11846
any bonds issued for the purpose of refunding prior bonds, all as	11847
lawfully available and by resolution of the commission committed	11848
for application as pledged revenues to the payment of bond service	11849
charges on particular issues of bonds.	11850

~~(O)~~(Q) "Service facilities" means service stations,	11851
restaurants, and other facilities for food service, roadside parks	11852
and rest areas, parking, camping, tenting, rest, and sleeping	11853
facilities, hotels or motels, and all similar and other facilities	11854
providing services to the traveling public in connection with the	11855
use of a turnpike project and owned, leased, licensed, or operated	11856
by the commission.	11857

~~(P)~~(R) "Service revenues" means those revenues of the	11858
commission derived from its ownership, leasing, licensing, or	11859
operation of service facilities.	11860

~~(Q)~~(S) "Special funds" means the applicable bond service fund	11861
and any accounts and subaccounts in that fund, any other funds or	11862
accounts permitted by and established under, and identified as a	11863
"special fund" or "special account" in, the bond proceedings,	11864
including any special fund or account established for purposes of	11865
rebate or other requirements under federal income tax laws.	11866

~~(R)~~(T) "State agencies" means the state, officers of the	11867
state, and boards, departments, branches, divisions, or other	11868
units or agencies of the state.	11869

~~(S)~~(U) "State taxes" means receipts of the commission from	11870
the proceeds of state taxes or excises levied and collected, or	11871
appropriated by the general assembly to the commission, for the	11872
purposes and functions of the commission. State taxes do not	11873
include tolls, or investment earnings on state taxes except on	11874
those state taxes referred to in Section 5a of Article XII, Ohio	11875
Constitution.	11876

~~(T)~~(V) "Tolls" means tolls, special fees or permit fees, or	11877
other charges by the commission to the owners, lessors, lessees,	11878
or operators of motor vehicles for the operation of or the right	11879
to operate those vehicles on a turnpike project.	11880

~~(U)~~(W) "Credit enhancement facilities" means letters of	11881
credit, lines of credit, standby, contingent, or firm securities	11882
purchase agreements, insurance, or surety arrangements,	11883
guarantees, and other arrangements that provide for direct or	11884
contingent payment of bond service charges, for security or	11885
additional security in the event of nonpayment or default in	11886
respect of bonds, or for making payment of bond service charges	11887
and at the option and on demand of bondholders or at the option of	11888
the commission or upon certain conditions occurring under put or	11889
similar arrangements, or for otherwise supporting the credit or	11890
liquidity of the bonds, and includes credit, reimbursement,	11891
marketing, remarketing, indexing, carrying, interest rate hedge,	11892
and subrogation agreements, and other agreements and arrangements	11893
for payment and reimbursement of the person providing the credit	11894
enhancement facility and the security for that payment and	11895
reimbursement.	11896

~~(V)~~(X) "Person" has the same meaning as in section 1.59 of	11897
the Revised Code and, unless the context otherwise provides, also	11898
includes any governmental agency and any combination of those	11899
persons.	11900

~~(W)~~(Y) "Refund" means to fund and retire outstanding bonds,	11901
including advance refunding with or without payment or redemption	11902
prior to stated maturity.	11903

~~(X)~~(Z) "Governmental agency" means any state agency, federal	11904
agency, political subdivision, or other local, interstate, or	11905
regional governmental agency, and any combination of those	11906
agencies.	11907

~~(Y)~~(AA) "Property" has the same meaning as in section 1.59 of	11908
the Revised Code, and includes interests in property.	11909

~~(Z)~~(BB) "Administrative agent," "agent," "commercial paper,"	11910
"floating rate interest structure," "indexing agent," "interest	11911
rate hedge," "interest rate period," "put arrangement," and	11912
"remarketing agent" have the same meanings as in section 9.98 of	11913
the Revised Code.	11914

~~(AA)~~(CC) "Outstanding," as applied to bonds, means	11915
outstanding in accordance with the terms of the bonds and the	11916
applicable bond proceedings.	11917

~~(BB)~~(DD) "Ohio turnpike system" or "system" means all	11918
existing and future turnpike projects constructed, operated, and	11919
maintained under the jurisdiction of the commission.	11920

(EE) "Ohio turnpike and infrastructure system" means turnpike	11921
projects and infrastructure projects funded by the commission	11922
existing on and after July 1, 2013, that facilitate access to, use	11923
of, and egress from the Ohio turnpike system, and also facilitate	11924
access to and from areas of population, commerce, and industry	11925
that are connected to the Ohio turnpike system.	11926

Sec. 5537.02. (A) There is hereby created a commission to be	11927
known on and after July 1, 2013, as the "Ohio turnpike and	11928
infrastructure commission." The commission is a body both	11929
corporate and politic, constituting an instrumentality of the	11930
state, and the exercise by it of the powers conferred by this	11931
chapter in the construction, operation, and maintenance of the	11932
Ohio turnpike system, and also in entering into agreements with	11933
the department of transportation to pay the cost or a portion of	11934
the costs of infrastructure projects, are and shall be held to be	11935
essential governmental functions of the state, but the commission	11936
shall not be immune from liability by reason thereof. Chapter	11937
2744. of the Revised Code applies to the commission and the	11938
commission is a political subdivision of the state for purposes of	11939
that chapter. The commission is subject to all provisions of law	11940
generally applicable to state agencies which do not conflict with	11941
this chapter.	11942

(B)(1) The commission shall consist of ~~nine~~ten members as	11943
follows:	11944

(a) ~~Four~~Six members appointed by the governor with the	11945
advice and consent of the senate, no more than ~~two~~three of whom	11946
shall be members of the same political party;	11947

(b) The director of transportation, who shall be a voting	11948
member, and the director of budget and management, ~~and the~~	11949
~~director of development, each~~both of whom shall ~~be a member~~serve	11950
as ex officio members, without compensation;	11951

(c) One member of the senate, appointed by the president of	11952
the senate, who shall represent either a district in which is	11953
located or through which passes a portion of a turnpike project	11954
that is part of the Ohio turnpike system or a district located in	11955
the vicinity of a turnpike project that is part of the Ohio	11956
turnpike system;	11957

(d) One member of the house of representatives, appointed by	11958
the speaker of the house of representatives, who shall represent	11959
either a district in which is located or through which passes a	11960
portion of a turnpike project that is part of the Ohio turnpike	11961
system or a district located in the vicinity of a turnpike project	11962
that is part of the Ohio turnpike system.	11963

(2) The members appointed by the governor shall be residents	11964
of the state, shall have been qualified electors therein for a	11965
period of at least five years next preceding their appointment,	11966
~~and~~. In making the appointments, the governor may appoint persons	11967
who reside in different geographic areas of the state, taking into	11968
consideration the various turnpike and infrastructure projects in	11969
the state. Members appointed to the commission prior to July 1,	11970
2013, shall serve terms of eight years commencing on the first day	11971
of July and ending on the thirtieth day of June. Thereafter,	11972
members appointed by the governor shall serve terms of five years	11973
commencing on the first day of July and ending on the thirtieth	11974
day of June. Those members appointed by the president of the	11975
senate or the speaker of the house of representatives shall serve	11976
a term of the remainder of the general assembly during which the	11977
senator or representative is appointed. Each appointed member	11978
shall hold office from the date of appointment until the end of	11979
the term for which the member was appointed. If a commission	11980
member dies or resigns, or if a senator or representative who is a	11981
member of the commission ceases to be a senator or representative,	11982
or if an ex officio member ceases to hold the applicable office,	11983
the vacancy shall be filled in the same manner as provided in	11984
division (B)(1) of this section. Any member who fills a vacancy	11985
occurring prior to the end of the term for which the member's	11986
predecessor was appointed shall, if appointed by the governor,	11987
hold office for the remainder of such term or, if appointed by the	11988
president of the senate or the speaker of the house of	11989
representatives, shall hold office for the remainder of the term	11990
or for a shorter period of time as determined by the president or	11991
the speaker. Any member appointed by the governor shall continue	11992
in office subsequent to the expiration date of the member's term	11993
until the member's successor takes office, or until a period of	11994
sixty days has elapsed, whichever occurs first. A member of the	11995
commission is eligible for reappointment. Each member of the	11996
commission appointed by the governor, before entering upon the	11997
member's duties, shall take an oath as provided by Section 7 of	11998
Article XV, Ohio Constitution. The governor, the president of the	11999
senate, or the speaker of the house of representatives, may at any	12000
time remove their respective appointees to the commission for	12001
misfeasance, nonfeasance, or malfeasance in office.	12002

(3)(a) A member of the commission who is appointed by the	12003
president of the senate or the speaker of the house of	12004
representatives shall not participate in any vote of the	12005
commission. Serving as an appointed member of the commission under	12006
divisions (B)(1)(c), (1)(d), or (2) of this section does not	12007
constitute grounds for resignation from the senate or the house of	12008
representatives under section 101.26 of the Revised Code.	12009

(b) The director of budget and management ~~and the director of~~	12010
~~development~~ shall not participate in any vote of the commission.	12011

(C) The voting members of the commission shall elect one of	12012
the ~~appointed~~ voting members as chairperson and another as	12013
vice-chairperson, and shall appoint a secretary-treasurer who need	12014
not be a member of the commission. ~~Three~~Four of the voting	12015
members of the commission constitute a quorum, and the affirmative	12016
vote of ~~three~~four voting members is necessary for any action	12017
taken by the commission. No vacancy in the membership of the	12018
commission impairs the rights of a quorum to exercise all the	12019
rights and perform all the duties of the commission.	12020

(D) Each member of the commission appointed by the governor	12021
shall give a surety bond to the commission in the penal sum of	12022
twenty-five thousand dollars and the secretary-treasurer shall	12023
give such a bond in at least the penal sum of fifty thousand	12024
dollars. The commission may require any of its officers or	12025
employees to file surety bonds including a blanket bond as	12026
provided in section 3.06 of the Revised Code. Each such bond shall	12027
be in favor of the commission and shall be conditioned upon the	12028
faithful performance of the duties of the office, executed by a	12029
surety company authorized to transact business in this state,	12030
approved by the governor, and filed in the office of the secretary	12031
of state. The costs of the surety bonds shall be paid or	12032
reimbursed by the commission from revenues. Each member of the	12033
commission appointed by the governor shall receive an annual	12034
salary of five thousand dollars, payable in monthly installments.	12035
Each member shall be reimbursed for the member's actual expenses	12036
necessarily incurred in the performance of the member's duties.	12037
All costs and expenses incurred by the commission in carrying out	12038
this chapter shall be payable solely from revenues and state	12039
taxes, and no liability or obligation shall be incurred by the	12040
commission beyond the extent to which revenues have been provided	12041
for pursuant to this chapter.	12042

Sec. 5537.03. In order to remove present and anticipated	12043
handicaps and potential hazards on the congested highways in this	12044
state, to facilitate vehicular traffic throughout the state, to	12045
finance infrastructure projects that improve and enhance mobility	12046
in Ohio, and also to promote the agricultural, ~~commercial,~~	12047
recreational, tourism, and commercial, industrial, and economic	12048
development of the state, and to provide for the general welfare	12049
by the construction, improvement, and maintenance of modern	12050
express highways embodying safety devices, including without	12051
limitation center divisions, ample shoulder widths, longsight	12052
distances, multiple lanes in each direction, and grade separations	12053
at intersections with other public roads and railroads, the Ohio	12054
turnpike and infrastructure commission~~, subject~~may do the	12055
following:	12056

(A) Subject to section 5537.26 of the Revised Code, ~~may~~	12057
construct, maintain, repair, and operate a system of turnpike	12058
projects at locations that are reviewed by the turnpike	12059
legislative review committee and approved by the governor, and in	12060
accordance with alignment and design standards that are approved	12061
by the director of transportation, and issue revenue bonds of this	12062
state, payable solely from pledged revenues, to pay the cost of	12063
those projects. The turnpikes and turnpike projects authorized by	12064
this chapter are hereby or shall be made part of the Ohio turnpike	12065
system.	12066

(B) Provide the infrastructure funds to pay the cost or a	12067
portion of the cost of infrastructure projects as recommended by	12068
the director of transportation pursuant to a determination made by	12069
the commission based on criteria set forth in rules adopted by the	12070
commission under section 5537.18 of the Revised Code. A	12071
determination by the commission to provide infrastructure funds	12072
for an infrastructure project shall be conclusive and	12073
incontestable.	12074

Sec. 5537.04. (A) The Ohio turnpike and infrastructure	12075
commission may do any of the following:	12076

(1) Adopt bylaws for the regulation of its affairs and the	12077
conduct of its business;	12078

(2) Adopt an official seal, which shall not be the great seal	12079
of the state and which need not be in compliance with section 5.10	12080
of the Revised Code;	12081

(3) Maintain a principal office and suboffices at such places	12082
within the state as it designates;	12083

(4) ~~Sue~~With respect to the Ohio turnpike system and turnpike	12084
projects, sue and be sued in its own name, plead and be impleaded,	12085
provided any actions against the commission shall be brought in	12086
the court of common pleas of the county in which the principal	12087
office of the commission is located, or in the court of common	12088
pleas of the county in which the cause of action arose if that	12089
county is located within this state, and all summonses,	12090
exceptions, and notices of every kind shall be served on the	12091
commission by leaving a copy thereof at its principal office with	12092
the secretary-treasurer or executive director of the commission;	12093

(5) With respect to infrastructure projects only, sue and be	12094
sued in its own name, plead and be impleaded, provided any actions	12095
against the commission shall be brought in the court of common	12096
pleas of Franklin county, and all summonses, exceptions, and	12097
notices of every kind shall be served on the commission by leaving	12098
a copy thereof at its principal office with the	12099
secretary-treasurer or executive director of the commission.	12100

(6) Construct, maintain, repair, police, and operate the	12101
turnpike system, and establish rules for the use of any turnpike	12102
project;	12103

~~(6)~~(7) Issue revenue bonds of the state, payable solely from	12104
pledged revenues, as provided in this chapter, for the purpose of	12105
paying any part of the cost of constructing any one or more	12106
turnpike projects or infrastructure projects;	12107

~~(7)~~(8) Fix, and revise from time to time, and charge and	12108
collect tolls by any method approved by the commission, including,	12109
but not limited to, manual methods or through electronic	12110
technology accepted within the tolling industry;	12111

~~(8)~~(9) Acquire, hold, and dispose of property in the exercise	12112
of its powers and the performance of its duties under this	12113
chapter;	12114

~~(9)~~(10) Designate the locations and establish, limit, and	12115
control such points of ingress to and egress from each turnpike	12116
project as are necessary or desirable in the judgment of the	12117
commission and of the director of transportation to ensure the	12118
proper operation and maintenance of that turnpike project, and	12119
prohibit entrance to such a turnpike project from any point not so	12120
designated;	12121

~~(10)~~(11) Make and enter into all contracts and agreements	12122
necessary or incidental to the performance of its duties and the	12123
execution of its powers under this chapter, including	12124
participation in a multi-jurisdiction electronic toll collection	12125
agreement and collection or remittance of tolls, fees, or other	12126
charges to or from entities or agencies that participate in such	12127
an agreement; the commission also may enter into agreements with	12128
retail locations, including deputy registrars, to allow the	12129
general public to acquire electronic toll collection devices,	12130
commonly known as transponders, from the retail locations for such	12131
reasonable fees as are established by the commission;	12132

~~(11)~~(12) Employ or retain or contract for the services of	12133
consulting engineers, superintendents, managers, and any other	12134
engineers, construction and accounting experts, financial	12135
advisers, trustees, marketing, remarketing, and administrative	12136
agents, attorneys, and other employees, independent contractors,	12137
or agents that are necessary in its judgment and fix their	12138
compensation, provided all such expenses shall be payable solely	12139
from the proceeds of bonds or from revenues of the Ohio turnpike	12140
system;	12141

~~(12)~~(13) Receive and accept from any federal agency, subject	12142
to the approval of the governor, and from any other governmental	12143
agency grants for or in aid of the construction, reconstruction,	12144
repair, renovation, maintenance, or operation of any turnpike	12145
project, and receive and accept aid or contributions from any	12146
source or person of money, property, labor, or other things of	12147
value, to be held, used, and applied only for the purposes for	12148
which such grants and contributions are made;	12149

~~(13)~~(14) Provide coverage for its employees under Chapters	12150
4123. and 4141. of the Revised Code;	12151

~~(14)~~(15) Fix and revise by rule, from time to time, such	12152
permit fees, processing fees, or administrative charges for the	12153
prepayment, deferred payment, or nonpayment of tolls and use of	12154
electronic tolling equipment or other commission property;	12155

(16) Adopt rules for the issuance of citations either by a	12156
policing authority or through administrative means to individuals	12157
or corporations that evade the payment of tolls established for	12158
the use of any turnpike project;	12159

(17) Approve funding and authorize agreements with the	12160
department of transportation for the funding of infrastructure	12161
projects recommended by the director of transportation pursuant to	12162
the criteria established by rule under section 5537.18 of the	12163
Revised Code.	12164

(B) The commission may do all acts necessary or proper to	12165
carry out the powers expressly granted in this chapter.	12166

Sec. 5537.05. (A) The Ohio turnpike and infrastructure	12167
commission may construct grade separations at intersections of any	12168
turnpike project with public roads and railroads, and change and	12169
adjust the lines and grades of those roads and railroads, and of	12170
public utility facilities, which change and adjustment of lines	12171
and grades of those roads shall be subject to the approval of the	12172
governmental agency having jurisdiction over the road, so as to	12173
accommodate them to the design of the grade separation. The cost	12174
of the grade separation and any damage incurred in changing and	12175
adjusting the lines and grades of roads, railroads, and public	12176
utility facilities shall be ascertained and paid by the commission	12177
as a part of the cost of the turnpike project or from revenues or	12178
state taxes.	12179

(1) If the commission finds it necessary to change the	12180
location of any portion of any public road, railroad, or public	12181
utility facility, it shall cause the same to be reconstructed at	12182
the location the governmental agency having jurisdiction over such	12183
road, railroad, or public utility facility considers most	12184
favorable. The construction shall be of substantially the same	12185
type and in as good condition as the original road, railroad, or	12186
public utility facility. The cost of the reconstruction,	12187
relocation, or removal and any damage incurred in changing the	12188
location shall be ascertained and paid by the commission as a part	12189
of the cost of the turnpike project or from revenues or state	12190
taxes.	12191

(2) The commission may petition the board of county	12192
commissioners of the county in which is situated any public road	12193
or part thereof affected by the location therein of any turnpike	12194
project, for the vacation or relocation of the road or any part	12195
thereof, in the same manner and with the same force and effect as	12196
is given to the director of transportation pursuant to sections	12197
5553.04 to 5553.11 of the Revised Code.	12198

(B) The commission and its authorized agents and employees,	12199
after proper notice, may enter upon any lands, waters, and	12200
premises in the state for the purpose of making surveys,	12201
soundings, drillings, and examinations that are necessary or	12202
proper for the purposes of this chapter, and the entry shall not	12203
be deemed a trespass, nor shall an entry for those purposes be	12204
deemed an entry under any appropriation proceedings which may then	12205
be pending, provided that before entering upon the premises of any	12206
railroad notice shall be given to the superintendent of the	12207
railroad involved at least five days in advance of entry, and	12208
provided that no survey, sounding, drilling, and examination shall	12209
be made between the rails or so close to a railroad track as would	12210
render the track unusable. The commission shall make reimbursement	12211
for any actual damage resulting to such lands, waters, and	12212
premises and to private property located in, on, along, over, or	12213
under such lands, waters, and premises, as a result of such	12214
activities. The state, subject to the approval of the governor,	12215
hereby consents to the use of all lands owned by it, including	12216
lands lying under water, that are necessary or proper for the	12217
construction, maintenance, or operation of any turnpike project,	12218
provided adequate consideration is provided for the use.	12219

(C) The commission may make reasonable provisions or rules	12220
for the installation, construction, maintenance, repair, renewal,	12221
relocation, and removal of public utility facilities in, on,	12222
along, over, or under any turnpike project. Whenever the	12223
commission determines that it is necessary that any public utility	12224
facilities located in, on, along, over, or under any turnpike	12225
project should be relocated in or removed from the turnpike	12226
project, the public utility owning or operating the facilities	12227
shall relocate or remove them in accordance with the order of the	12228
commission. Except as otherwise provided in any license or other	12229
agreement with the commission, the cost and expenses of such	12230
relocation or removal, including the cost of installing the	12231
facilities in a new location, the cost of any lands, or any rights	12232
or interests in lands, and any other rights, acquired to	12233
accomplish the relocation or removal, shall be ascertained and	12234
paid by the commission as part of the cost of the turnpike project	12235
or from revenues of the Ohio turnpike system. In case of any such	12236
relocation or removal of facilities, the public utility owning or	12237
operating them and its successors or assigns may maintain and	12238
operate the facilities, with the necessary appurtenances, in the	12239
new location, for as long a period, and upon the same terms, as it	12240
had the right to maintain and operate the facilities in their	12241
former location.	12242

(D) The commission is subject to Chapters 1515., 6131.,	12243
6133., 6135., and 6137. of the Revised Code and shall pay any	12244
assessments levied under those chapters for an improvement or	12245
maintenance of an improvement on land under the control or	12246
ownership of the commission.	12247

Sec. 5537.051. (A)(1) In any county that as of January 1,	12248
2011, had closed one or more roads as a result of grade separation	12249
failure at intersections of a turnpike project with a county or	12250
township road, the Ohio turnpike and infrastructure commission is	12251
responsible for the major maintenance and repair and replacement	12252
of failed grade separations. The governmental entity with	12253
jurisdiction over the county or township road is responsible for	12254
routine maintenance of such failed grade separations.	12255

(2) This section does not apply to any grade separation at	12256
intersections of a turnpike project with a county or township road	12257
except as described in division (A)(1) of this section.	12258

(3) Major maintenance and repair and replacement of	12259
aforementioned failed grade separations shall commence not later	12260
than July 1, 2011, and be completed before December 31, 2014.	12261

(B) As used in this section:

12262

(1) "Major maintenance and repair and replacement" relates to	12263
all elements constructed as part of or required for a grade	12264
separation, including bridges, pile, foundations, substructures,	12265
abutments, piers, superstructures, approach slabs, slopes,	12266
embankments, fences, and appurtenances.	12267

(2) "Routine maintenance" includes, without limitation,	12268
clearing debris, sweeping, snow and ice removal, wearing surface	12269
improvements, marking for traffic control, box culverts, drainage	12270
facilities including headwalls and underdrains, inlets, catch	12271
basins and grates, guardrails, minor and emergency repairs to	12272
railing and appurtenances, and emergency patching.	12273

Sec. 5537.06. (A) The Ohio turnpike and infrastructure	12274
commission may acquire by purchase, lease, lease-purchase, lease	12275
with option to purchase, appropriation, or otherwise and in such	12276
manner and for such consideration as it considers proper, any	12277
public or private property necessary, convenient, or proper for	12278
the construction, maintenance, or efficient operation of the Ohio	12279
turnpike system. The commission may pledge net revenues, to the	12280
extent permitted by this chapter with respect to bonds, to secure	12281
payments to be made by the commission under any such lease,	12282
lease-purchase agreement, or lease with option to purchase. Title	12283
to personal property, and interests less than a fee in real	12284
property, shall be held in the name of the commission. Title to	12285
real property held in fee shall be held in the name of the state	12286
for the use of the commission. In any proceedings for	12287
appropriation under this section, the procedure to be followed	12288
shall be in accordance with the procedure provided in sections	12289
163.01 to 163.22 of the Revised Code, including division (B) of	12290
section 163.06 of the Revised Code notwithstanding the limitation	12291
in that division of its applicability to roads open to the public	12292
without charge. Except as otherwise agreed upon by the owner, full	12293
compensation shall be paid for public property so taken.	12294

(B) This section does not authorize the commission to take or	12295
disturb property or facilities belonging to any public utility or	12296
to a common carrier engaged in interstate commerce, which property	12297
or facilities are required for the proper and convenient operation	12298
of the public utility or common carrier, unless provision is made	12299
for the restoration, relocation, replication, or duplication of	12300
the property or facilities elsewhere at the sole cost of the	12301
commission.	12302

(C) Disposition of real property shall be by the commission	12303
in the manner and for the consideration it determines if to a	12304
state agency or other governmental agency, and otherwise in the	12305
manner provided in section 5501.45 of the Revised Code for the	12306
disposition of property by the director of transportation.	12307
Disposition of personal property shall be in the manner and for	12308
the consideration the commission determines.	12309

(D) Any instrument by which real property is acquired	12310
pursuant to this section shall identify the agency of the state	12311
that has the use and benefit of the real property as specified in	12312
section 5301.012 of the Revised Code.	12313

Sec. 5537.07. (A) When the cost to the Ohio turnpike and	12314
infrastructure commission under any contract with a person other	12315
than a governmental agency involves an expenditure of more than	12316
fifty thousand dollars, the commission shall make a written	12317
contract with the lowest responsive and responsible bidder in	12318
accordance with section 9.312 of the Revised Code after	12319
advertisement for not less than two consecutive weeks in a	12320
newspaper of general circulation in Franklin county, and in such	12321
other publications as the commission determines, which notice	12322
shall state the general character of the work and the general	12323
character of the materials to be furnished, the place where plans	12324
and specifications therefor may be examined, and the time and	12325
place of receiving bids. The commission may require that the cost	12326
estimate for the construction, demolition, alteration, repair,	12327
improvement, renovation, or reconstruction of roadways and bridges	12328
for which the commission is required to receive bids be kept	12329
confidential and remain confidential until after all bids for the	12330
public improvement have been received or the deadline for	12331
receiving bids has passed. Thereafter, and before opening the bids	12332
submitted for the roadways and bridges, the commission shall make	12333
the cost estimate public knowledge by reading the cost estimate in	12334
a public place. The commission may reject any and all bids. The	12335
requirements of this division do not apply to contracts for the	12336
acquisition of real property or compensation for professional or	12337
other personal services.	12338

(B) Each bid for a contract for construction, demolition,	12339
alteration, repair, improvement, renovation, or reconstruction	12340
shall contain the full name of every person interested in it and	12341
shall meet the requirements of section 153.54 of the Revised Code.	12342

(C) Other than for a contract referred to in division (B) of	12343
this section, each bid for a contract that involves an expenditure	12344
in excess of one hundred fifty thousand dollars or any contract	12345
with a service facility operator shall contain the full name of	12346
every person interested in it and shall be accompanied by a	12347
sufficient bond or certified check on a solvent bank that if the	12348
bid is accepted a contract will be entered into and the	12349
performance of its proposal secured.	12350

(D) Other than a contract referred to in division (B) of this	12351
section, a bond with good and sufficient surety, in a form as	12352
prescribed and approved by the commission, shall be required of	12353
every contractor awarded a contract that involves an expenditure	12354
in excess of one hundred fifty thousand dollars or any contract	12355
with a service facility operator. The bond shall be in an amount	12356
equal to at least fifty per cent of the contract price and shall	12357
be conditioned upon the faithful performance of the contract.	12358

(E) Notwithstanding any other provisions of this section, the	12359
commission may establish a program to expedite special turnpike	12360
projects by combining the design and construction elements of any	12361
public improvement project into a single contract. The commission	12362
shall prepare and distribute a scope of work document upon which	12363
the bidders shall base their bids. At a minimum, bidders shall	12364
meet the requirements of section 4733.161 of the Revised Code.	12365
Except in regard to those requirements relating to providing	12366
plans, the commission shall award contracts following the	12367
requirements set forth in divisions (A), (B), (C), and (D) of this	12368
section.	12369

Sec. 5537.08. (A) The Ohio turnpike and infrastructure	12370
commission may provide by resolution for the issuance, at one time	12371
or from time to time, of revenue bonds of the state for the	12372
purpose of paying all or any part of the cost of any one or more	12373
turnpike projects or infrastructure projects. The bond service	12374
charges shall be payable solely from pledged revenues pledged for	12375
such payment pursuant to the applicable bond proceedings. The	12376
bonds of each issue shall be dated, shall bear interest at a rate	12377
or rates or at variable rates, and shall mature or be payable at	12378
such time or times, with a final maturity not to exceed forty	12379
years from their date or dates, all as determined by the	12380
commission in the bond proceedings. The commission shall determine	12381
the form of the bonds, including any interest coupons to be	12382
attached thereto, and shall fix the denomination or denominations	12383
of the bonds and the place or places of payment of bond service	12384
charges.	12385

(B) The bonds shall be signed by the chairperson or	12386
vice-chairperson of the commission or by the facsimile signature	12387
of that officer, the official seal of the commission or a	12388
facsimile thereof shall be affixed thereto or printed thereon and	12389
attested by the secretary-treasurer of the commission, which may	12390
be by facsimile signature, and any coupons attached thereto shall	12391
bear the facsimile signature of the chairperson or	12392
vice-chairperson of the commission. In case any officer whose	12393
signature, or a facsimile of whose signature, appears on any bonds	12394
or coupons ceases to be such officer before delivery of bonds,	12395
such signature or facsimile shall nevertheless be valid and	12396
sufficient for all purposes the same as if the officer had	12397
remained in office until such delivery.	12398

(C) Subject to the bond proceedings and provisions for	12399
registration, the bonds shall have all the qualities and incidents	12400
of negotiable instruments under Title XIII of the Revised Code.	12401
The bonds may be issued in such form or forms as the commission	12402
determines, including without limitation coupon, book entry, and	12403
fully registered form, and provision may be made for the	12404
registration of any coupon bonds as to principal alone and also as	12405
to both principal and interest, and for the exchange of bonds	12406
between forms. The commission may sell such bonds by competitive	12407
bid on the best bid after advertisement or request for bids or by	12408
private sale in the manner, and for the price, it determines to be	12409
for the best interest of the state. ~~The determination of the~~	12410
~~commission as to the manner of sale, by competitive bid or by~~	12411
~~private sale, shall be approved by the controlling board.~~	12412

(D) The proceeds of the bonds of each issue shall be used	12413
solely for the payment of the costs of the turnpike project or	12414
projects for which such bonds were issued, ~~and~~or for the payment	12415
of the costs of the infrastructure project or projects as approved	12416
by the commission under section 5537.18 of the Revised Code. The	12417
proceeds shall be disbursed in such manner and under such	12418
restrictions as the commission provides in the applicable bond	12419
proceedings.	12420

(E) Prior to the preparation of definitive bonds, the	12421
commission may, under like restrictions, issue interim receipts or	12422
temporary bonds or bond anticipation notes, with or without	12423
coupons, exchangeable for definitive bonds when such bonds have	12424
been executed and are available for delivery. The commission may	12425
provide for the replacement of any mutilated, stolen, destroyed,	12426
or lost bonds. Bonds may be issued by the commission under this	12427
chapter without obtaining the consent of any state agency, and	12428
without any other proceedings or the happening of any other	12429
conditions or things than those proceedings, conditions, or things	12430
that are specifically required by this chapter or those	12431
proceedings.	12432

(F) Sections 9.98 to 9.983 of the Revised Code apply to the	12433
bonds.	12434

(G) The bond proceedings shall provide, subject to the	12435
provisions of any other applicable bond proceedings, for the	12436
pledge to the payment of bond service charges and of any costs of	12437
or relating to credit enhancement facilities of all, or such part	12438
as the commission may determine, of the pledged revenues and the	12439
applicable special fund or funds, which pledges may be made to	12440
secure the bonds on a parity with bonds theretofore or thereafter	12441
issued if and to the extent provided in the bond proceedings.	12442
Every pledge, and every covenant and agreement with respect	12443
thereto, made in the bond proceedings may in the bond proceedings	12444
be extended to the benefit of the owners and holders of bonds and	12445
to any trustee and any person providing a credit enhancement	12446
facility for those bonds, for the further security for the payment	12447
of the bond service charges and credit enhancement facility costs.	12448

(H) The bond proceedings may contain additional provisions as	12449
to:	12450

(1) The redemption of bonds prior to maturity at the option	12451
of the commission or of the bondholders or upon the occurrence of	12452
certain stated conditions, and at such price or prices and under	12453
such terms and conditions as are provided in the bond proceedings;	12454

(2) Other terms of the bonds;

12455

(3) Limitations on the issuance of additional bonds;

12456

(4) The terms of any trust agreement securing the bonds or	12457
under which the same may be issued;	12458

(5) Any or every provision of the bond proceedings being	12459
binding upon the commission and state agencies, or other person as	12460
may from time to time have the authority under law to take such	12461
actions as may be necessary to perform all or any part of the duty	12462
required by such provision;	12463

(6) Any provision that may be made in a trust agreement;

12464

(7) Any other or additional agreements with the holders of	12465
the bonds, or the trustee therefor, relating to the bonds or the	12466
security for the bonds, including agreements for credit	12467
enhancement facilities.	12468

(I) Any holder of bonds or a trustee under the bond	12469
proceedings, except to the extent that the holder's or trustee's	12470
rights are restricted by the bond proceedings, may by any suitable	12471
form of legal proceedings, protect and enforce any rights under	12472
the laws of this state or granted by the bond proceedings. Those	12473
rights include the right to compel the performance of all duties	12474
of the commission and state agencies required by this chapter or	12475
the bond proceedings; to enjoin unlawful activities; and in the	12476
event of default with respect to the payment of any bond service	12477
charges on any bonds or in the performance of any covenant or	12478
agreement on the part of the commission contained in the bond	12479
proceedings, to apply to a court having jurisdiction of the cause	12480
to appoint a receiver to receive and administer the revenues and	12481
the pledged revenues which are pledged to the payment of the bond	12482
service charges on such bonds or which are the subject of the	12483
covenant or agreement, with full power to pay, and to provide for	12484
payment of, bond service charges on such bonds, and with such	12485
powers, subject to the direction of the court, as are accorded	12486
receivers in general equity cases, excluding any power to pledge	12487
additional revenues or receipts or other income, funds, or moneys	12488
of the commission or state agencies to the payment of such bond	12489
service charges and excluding the power to take possession of,	12490
mortgage, or cause the sale or otherwise dispose of any turnpike	12491
project or other property of the commission.	12492

(J) Each duty of the commission and the commission's officers	12493
and employees, undertaken pursuant to the bond proceedings, is	12494
hereby established as a duty of the commission, and of each such	12495
officer, member, or employee having authority to perform the duty,	12496
specifically enjoined by law resulting from an office, trust, or	12497
station within the meaning of section 2731.01 of the Revised Code.	12498

(K) The commission's officers or employees are not liable in	12499
their personal capacities on any bonds issued by the commission or	12500
any agreements of or with the commission relating to those bonds.	12501

(L) The bonds are lawful investments for banks, savings and	12502
loan associations, credit union share guaranty corporations, trust	12503
companies, trustees, fiduciaries, insurance companies, including	12504
domestic for life and domestic not for life, trustees or other	12505
officers having charge of sinking and bond retirement or other	12506
funds of the state or its political subdivisions and taxing	12507
districts, the commissioners of the sinking fund of the state, the	12508
administrator of workers' compensation, the state teachers	12509
retirement system, the public employees retirement system, the	12510
school employees retirement system, and the Ohio police and fire	12511
pension fund, notwithstanding any other provisions of the Revised	12512
Code or rules adopted pursuant thereto by any state agency with	12513
respect to investments by them, and are also acceptable as	12514
security for the repayment of the deposit of public moneys.	12515

(M) Provision may be made in the applicable bond proceedings	12516
for the establishment of separate accounts in the bond service	12517
fund and for the application of such accounts only to the	12518
specified bond service charges pertinent to such accounts and bond	12519
service fund, and for other accounts therein within the general	12520
purposes of such fund.	12521

(N) The commission may pledge all, or such portion as it	12522
determines, of the pledged revenues to the payment of bond service	12523
charges, and for the establishment and maintenance of any reserves	12524
and special funds, as provided in the bond proceedings, and make	12525
other provisions therein with respect to pledged revenues,	12526
revenues, and net revenues as authorized by this chapter, which	12527
provisions are controlling notwithstanding any other provisions of	12528
law pertaining thereto.	12529

Sec. 5537.09. The Ohio turnpike and infrastructure	12530
commission may provide by resolution for the issuance of revenue	12531
bonds of the state, payable solely from pledged revenues, for the	12532
purpose of refunding any bonds then outstanding, including the	12533
payment of related financing expenses and, if considered advisable	12534
by the commission, for the additional purpose of paying costs of	12535
improvements, extensions, renovations, or enlargements of any	12536
turnpike project or any infrastructure project. The issuance of	12537
refunding bonds, the maturities and other details thereof, the	12538
rights of the holders thereof, and the rights, duties, and	12539
obligations of the commission in respect to such bonds shall be	12540
governed by the provisions of this chapter insofar as they are	12541
applicable and by the applicable bond proceedings.	12542

Sec. 5537.11. (A) The bonds do not constitute a debt, or a	12543
pledge of the faith and credit, of the state or of any political	12544
subdivision of the state. Bond service charges on outstanding	12545
bonds are payable solely from the pledged revenues pledged for	12546
their payment as authorized by this chapter and as provided in the	12547
bond proceedings. All turnpike and infrastructure revenue bonds	12548
shall contain on their face a statement to that effect.	12549

(B) All expenses incurred in carrying out this chapter shall	12550
be payable solely from revenues provided under this chapter and	12551
from state taxes. This chapter does not authorize the Ohio	12552
turnpike and infrastructure commission to incur indebtedness or	12553
liability on behalf of or payable by the state or any political	12554
subdivision of the state.	12555

Sec. 5537.12. (A) In the discretion of the Ohio turnpike and	12556
infrastructure commission any bonds may be secured by a trust	12557
agreement between the commission and a corporate trustee, which	12558
may be any trust company or bank having the powers of a trust	12559
company within or without the state but authorized to exercise	12560
trust powers within this state.	12561

(B) Any trust agreement may pledge or assign the revenues to	12562
be received, but shall not convey or mortgage any turnpike project	12563
or infrastructure project, any part of a turnpike project or	12564
infrastructure project, or any part of the Ohio turnpike system or	12565
the Ohio turnpike and infrastructure system. Any such trust	12566
agreement or other bond proceedings may contain provisions for	12567
protecting and enforcing the rights and remedies of the	12568
bondholders that are reasonable and proper and not in violation of	12569
law, including covenants setting forth the duties of the	12570
commission in relation to the acquisition of property, and the	12571
construction, maintenance, repair, operation, and insurance of the	12572
turnpike project or projects in connection with which the bonds	12573
are authorized, the rates of toll to be charged, and the custody,	12574
safeguarding, and application of all moneys, and provisions for	12575
the employment or retention of the services of consulting	12576
engineers in connection with the construction, maintenance, or	12577
operation of the turnpike project or projects. Any bank or trust	12578
company incorporated under the laws of this state which may act as	12579
depository of the proceeds of bonds or of revenues may furnish	12580
such indemnifying bonds or may pledge such securities as are	12581
required by the commission. Any such trust agreement may set forth	12582
the rights and remedies of the bondholders and of the trustee, may	12583
restrict the individual right of action by bondholders as is	12584
customary in revenue bond trust agreements of public bodies, and	12585
may contain other provisions that the commission considers	12586
reasonable and proper for the security of the bondholders. All	12587
expenses incurred in entering into or carrying out the provisions	12588
of such a trust agreement may be treated as a part of the cost, or	12589
of the cost of the operation, of the turnpike project or projects.	12590

Sec. 5537.13. (A) Subject to division (C)(1) of this section	12591
and section 5537.26 of the Revised Code, the Ohio turnpike and	12592
infrastructure commission may fix, revise, charge, and collect	12593
tolls for each turnpike project, and contract in the manner	12594
provided by this section with any person desiring the use of any	12595
part thereof, including the right-of-way adjoining the paved	12596
portion, for placing thereon telephone, electric light, or power	12597
lines, service facilities, or for any other purpose, and fix the	12598
terms, conditions, rents, and rates of charge for such use,	12599
provided that no toll, charge, or rental may be made by the	12600
commission for placing in, on, along, over, or under the turnpike	12601
project, equipment or public utility facilities that are necessary	12602
to serve service facilities or to interconnect any public utility	12603
facilities.	12604

(B) Contracts for the operation of service facilities shall	12605
be made in writing. Such contracts, except contracts with state	12606
agencies or other governmental agencies, shall be made with the	12607
bidder whose bid is determined by the commission to be the best	12608
bid received, after advertisement for two consecutive weeks in a	12609
newspaper of general circulation in Franklin county, and in other	12610
publications that the commission determines. The notice shall	12611
state the general character of the service facilities operation	12612
proposed, the place where plans and specifications may be	12613
examined, and the time and place of receiving bids. Bids shall	12614
contain the full name of each person interested in them, and shall	12615
be in such form as the commission requires. The commission may	12616
reject any and all bids. All contracts for service facilities	12617
shall be preserved in the principal office of the commission.	12618

(C) ~~Tolls~~(1) Except as necessary to comply with covenants in	12619
bond proceedings in existence before July 1, 2013, for calendar	12620
years 2013 through 2023, the commission shall not increase the	12621
toll rates for any class of passenger vehicle as fixed on the	12622
effective date of this amendment, when both of the following	12623
apply:	12624

(a) The tolls are collected and remitted in accordance with a	12625
multi-jurisdiction electronic toll collection agreement; and	12626

(b) The distance traveled is thirty miles or less.

12627

(2) Subject to division (C)(1) of this section, tolls shall	12628
be so fixed and adjusted as to provide funds at least sufficient	12629
with other revenues of the Ohio turnpike system, if any, to pay:	12630

~~(1)~~(a) The cost of maintaining, improving, repairing,	12631
constructing, and operating the Ohio turnpike system and its	12632
different parts and sections, and to create and maintain any	12633
reserves for those purposes;	12634

~~(2)~~(b) Any unpaid bond service charges on outstanding bonds	12635
payable from pledged revenues as such charges become due and	12636
payable, and to create and maintain any reserves for that purpose.	12637

(D) Tolls are not subject to supervision, approval, or	12638
regulation by any state agency other than the turnpike and	12639
infrastructure commission.	12640

(E) Revenues derived from each turnpike project ~~in connection~~	12641
~~with which any bonds are outstanding~~ shall be first applied to pay	12642
the cost of maintenance, improvement, repair, and operation and to	12643
provide any reserves therefor that are provided for in the bond	12644
proceedings authorizing the issuance of those outstanding bonds,	12645
and otherwise as provided by the commission~~, and the balance~~. The	12646
bond proceedings also shall provide, subject to the provisions of	12647
any other applicable bond proceedings, for the pledge of all, or	12648
such part as the commission may determine of the pledged revenues	12649
~~shall be set aside, at such regular intervals as are provided in~~	12650
~~the bond proceedings, in a bond service fund, which is hereby~~	12651
~~pledged to and charged with~~and the applicable special fund or	12652
funds to the payment of the bond service charges ~~on any such~~	12653
~~outstanding bonds as provided in the applicable~~, which pledge may	12654
be made to secure the bonds senior or subordinate to or on a	12655
parity with bonds theretofore or thereafter issued, if and to the	12656
extent provided in the bond proceedings. The pledge shall be valid	12657
and binding from the time the pledge is made; the revenues and the	12658
pledged revenues thereafter received by the commission immediately	12659
shall be subject to the lien of the pledge without any physical	12660
delivery thereof or further act, and the lien of the pledge shall	12661
be valid and binding as against all parties having claims of any	12662
kind in tort, contract, or otherwise against the commission,	12663
whether or not those parties have notice thereof. The bond	12664
proceedings by which a pledge is created need not be filed or	12665
recorded except in the records of the commission. The use and	12666
disposition of moneys to the credit of a bond service fund shall	12667
be subject to the applicable bond proceedings. ~~Except as is~~	12668
~~otherwise provided in such bond proceedings, such a bond service~~	12669
~~fund shall be a fund for all such bonds, without distinction or~~	12670
~~priority of one over another.~~	12671

(F) The proceeds of bonds issued for the payment of the costs	12672
of infrastructure projects, net of the payment of all financing	12673
expenses and deposits into debt service reserves or other special	12674
funds as may be required in the applicable bond proceedings, shall	12675
be deposited to the infrastructure fund or funds and shall be	12676
exclusively used to pay the cost of infrastructure projects	12677
approved by the commission, except that income earned by the	12678
infrastructure fund may be used by the commission towards the	12679
payment of bond service charges.	12680

Sec. 5537.14. All moneys received by the Ohio turnpike and	12681
infrastructure commission under this chapter, whether as proceeds	12682
from the sale of bonds or as revenues, are to be held and applied	12683
solely as provided in this chapter and in any applicable bond	12684
proceedings. Such moneys shall be kept in depositories as selected	12685
by the commission in the manner provided in sections 135.01 to	12686
135.21 of the Revised Code, insofar as such sections are	12687
applicable, and the deposits shall be secured as provided in	12688
sections 135.01 to 135.21 of the Revised Code. The bond	12689
proceedings shall provide that any officer to whom, or any bank or	12690
trust company to which, revenues or pledged revenues are paid	12691
shall act as trustee of such moneys and hold and apply them for	12692
the purposes thereof, subject to applicable provisions of this	12693
chapter and the bond proceedings.	12694

Sec. 5537.15. Any holder of bonds issued and outstanding	12695
under this chapter, or any of the coupons appertaining thereto,	12696
and the trustee under any trust agreement, except to the extent	12697
the rights given by this chapter may be restricted or modified by	12698
the bond proceedings, may by suit, action, mandamus, or other	12699
proceedings, protect and enforce any rights under the laws of the	12700
state or granted under this chapter or the bond proceedings, and	12701
may enforce and compel the performance of all duties required by	12702
this chapter or the bond proceedings, to be performed by the Ohio	12703
turnpike and infrastructure commission or any officer of the	12704
commission, including the fixing, charging, collecting, and	12705
application of tolls.	12706

Sec. 5537.16. (A) The Ohio turnpike and infrastructure	12707
commission may adopt such bylaws and rules as it considers	12708
advisable for the control and regulation of traffic on any	12709
turnpike project, for the protection and preservation of property	12710
under its jurisdiction and control, for the maintenance and	12711
preservation of good order within the property under its control,	12712
and for the purpose of establishing owner or operator liability	12713
for failure to comply with toll collection rules. The rules of the	12714
commission with respect to the speed, use of special engine	12715
brakes, axle loads, vehicle loads, and vehicle dimensions of	12716
vehicles on turnpike projects, including the issuance of a special	12717
permit by the commission to allow the operation on any turnpike	12718
project of a motor vehicle transporting two or fewer steel coils,	12719
shall apply notwithstanding sections 4511.21 to 4511.24, 4513.34,	12720
and Chapter 5577. of the Revised Code. Such bylaws and rules shall	12721
be published in a newspaper of general circulation in Franklin	12722
county, and in such other manner as the commission prescribes.	12723

(B) Such rules shall provide that public police officers	12724
shall be afforded ready access, while in the performance of their	12725
official duty, to all property under the jurisdiction of the	12726
commission and without the payment of tolls.	12727

(C) No person shall violate any such bylaws or rules of the	12728
commission.	12729

(D)(1) All fines collected for the violation of applicable	12730
laws of the state and the bylaws and rules of the commission or	12731
moneys arising from bonds forfeited for such violation shall be	12732
disposed of in accordance with section 5503.04 of the Revised	12733
Code.	12734

(2) All fees or charges assessed by the commission against an	12735
owner or operator of a vehicle as a civil violation for failure to	12736
comply with toll collection or toll evasion rules shall be	12737
revenues of the commission.	12738

Sec. 5537.17. (A) Each turnpike project open to traffic	12739
shall be maintained and kept in good condition and repair by the	12740
Ohio turnpike and infrastructure commission. The Ohio turnpike	12741
system shall be policed and operated by a force of police, toll	12742
collectors, and other employees and agents that the commission	12743
employs or contracts for.	12744

(B) All public or private property damaged or destroyed in	12745
carrying out the powers granted by this chapter shall be restored	12746
or repaired and placed in its original condition, as nearly as	12747
practicable, or adequate compensation or consideration made	12748
therefor out of moneys provided under this chapter.	12749

(C) All governmental agencies may lease, lend, grant, or	12750
convey to the commission at its request, upon terms that the	12751
proper authorities of the governmental agencies consider	12752
reasonable and fair and without the necessity for an	12753
advertisement, order of court, or other action or formality, other	12754
than the regular and formal action of the authorities concerned,	12755
any property that is necessary or convenient to the effectuation	12756
of the purposes of the commission, including public roads and	12757
other property already devoted to public use.	12758

(D) Each bridge constituting part of a turnpike project shall	12759
be inspected at least once each year by a professional engineer	12760
employed or retained by the commission.	12761

(E) On or before the first day of July in each year, the	12762
commission shall make an annual report of its activities for the	12763
preceding calendar year to the governor and the general assembly.	12764
Each such report shall set forth a complete operating and	12765
financial statement covering the commission's operations and	12766
funding of any turnpike projects and infrastructure projects	12767
during the year. The commission shall cause an audit of its books	12768
and accounts to be made at least once each year by certified	12769
public accountants, and the cost thereof may be treated as a part	12770
of the cost of operations of the commission. The auditor of state,	12771
at least once a year and without previous notice to the	12772
commission, shall audit the accounts and transactions of the	12773
commission.	12774

(F) The commission shall submit a copy of its annual audit by	12775
the auditor of state and its proposed annual budget for each	12776
calendar or fiscal year to the governor, the presiding officers of	12777
each house of the general assembly, the director of budget and	12778
management, and the legislative service commission no later than	12779
the first day of that calendar or fiscal year.	12780

(G) Upon request of the chairperson of the appropriate	12781
standing committee or subcommittee of the senate and house of	12782
representatives that is primarily responsible for considering	12783
transportation budget matters, the commission shall appear at	12784
least one time before each committee or subcommittee during the	12785
period when that committee or subcommittee is considering the	12786
biennial appropriations for the department of transportation and	12787
shall provide testimony outlining its budgetary results for the	12788
last two calendar years, including a comparison of budget and	12789
actual revenue and expenditure amounts. The commission also shall	12790
address its current budget and long-term capital plan.	12791

(H) Not more than sixty nor less than thirty days before	12792
adopting its annual budget, the commission shall submit a copy of	12793
its proposed annual budget to the governor, the presiding officers	12794
of each house of the general assembly, the director of budget and	12795
management, and the legislative service commission. The office of	12796
budget and management shall review the proposed budget and may	12797
provide recommendations to the commission for its consideration.	12798

Sec. 5537.18. (A) The Ohio turnpike and infrastructure	12799
commission shall adopt rules establishing the procedures and	12800
criteria under which the commission may approve an application	12801
received from the director of transportation for infrastructure	12802
project funding under division (B) of this section. The rules	12803
shall require an infrastructure project to have an anticipated	12804
benefit to the system of public highways in the state of Ohio and	12805
transportation-related nexus with and relationship to the Ohio	12806
turnpike system and the Ohio turnpike and infrastructure system.	12807
The criteria included in the rules for determining if an	12808
infrastructure project has the required nexus and relationship to	12809
the Ohio turnpike system and the Ohio turnpike and infrastructure	12810
system and the criteria for approving an application for	12811
infrastructure project funding submitted by the director of	12812
transportation shall include the following:	12813

(1) A physical proximity of the infrastructure project to and	12814
a direct or indirect physical connection between the	12815
infrastructure project and the Ohio turnpike system;	12816

(2) The impact of the infrastructure project on traffic	12817
density, flow through, or capacity on the Ohio turnpike system;	12818

(3) The impact of the infrastructure project on the Ohio	12819
turnpike system toll revenue or other revenues;	12820

(4) The impact of the infrastructure project on the movement	12821
of goods and services on or in the area of the Ohio turnpike	12822
system; and	12823

(5) The enhancement or improvement by and through the	12824
infrastructure project of access to, use of, and egress from the	12825
Ohio turnpike system and access to and from connected areas of	12826
population, commerce, and industry.	12827

(B) The director of transportation may submit an application	12828
to the commission for infrastructure project funding. An	12829
application to the commission for infrastructure project funding,	12830
as submitted by the director, shall include only infrastructure	12831
projects that previously have been reviewed and recommended by the	12832
transportation review advisory council pursuant to the selection	12833
process followed by the council under Chapter 5512. of the Revised	12834
Code. In selecting infrastructure projects for which applications	12835
will be made to the commission for infrastructure project funding,	12836
the director shall consider the physical proximity of the project	12837
to the Ohio turnpike system. Not less than ninety per cent of the	12838
total cost of the infrastructure project funding requests	12839
submitted by the director of transportation to the commission	12840
shall be for infrastructure projects that are at least partially	12841
located within seventy-five miles of the Ohio turnpike system.	12842

By rule, the director may establish guidelines under which an	12843
application may be made for infrastructure project funding that	12844
combines separate projects if the combination of projects is	12845
necessary to satisfy any funding threshold required for approval	12846
by the transportation review advisory council and the individual	12847
projects have a nexus to the Ohio turnpike system and also address	12848
a critical public safety concern or have a significant economic	12849
impact.	12850

(C) The commission shall evaluate each application for	12851
infrastructure project funding submitted under division (B) of	12852
this section in accordance with the procedures and criteria	12853
established in rules adopted under division (A) of this section. A	12854
determination or approval made under this section is conclusive	12855
and incontestable.	12856

(D) Nothing in this section shall interfere with the	12857
authority of the director of transportation under Chapter 5512. of	12858
the Revised Code.	12859

Sec. 5537.19. The Ohio turnpike and infrastructure	12860
commission shall expend such moneys as the commission considers	12861
necessary for studies of any turnpike project or infrastructure	12862
project, whether proposed, under construction, or in operation,	12863
and may employ consulting engineers, traffic engineers, and any	12864
other individuals or firms that the commission considers necessary	12865
to properly implement the studies. The cost of the studies may be	12866
paid from revenues, eligible state and federal grants, state taxes	12867
available to the commission and permitted by law to be spent for	12868
such purposes, or the proceeds of bonds.	12869

Sec. 5537.20. The exercise of the powers granted by this	12870
chapter is in all respects for the benefit of the people of the	12871
state, for the increase of their commerce and prosperity, and for	12872
the improvement of their health and living conditions, and as the	12873
construction, operation, and maintenance of the Ohio turnpike	12874
system by the Ohio turnpike and infrastructure commission	12875
constitute the performance of essential governmental functions,	12876
the commission, except as provided in division (D) of section	12877
5537.05 of the Revised Code, shall not be required to pay any	12878
state or local taxes or assessments upon any turnpike project or	12879
infrastructure project funded by it, or upon revenues or any	12880
property acquired or used by the commission under this chapter, or	12881
upon the income therefrom. The bonds issued under this chapter,	12882
their transfer, and the income therefrom, including any profit	12883
made on the sale thereof, shall at all times be free from taxation	12884
within the state.	12885

Sec. 5537.21. (A) When bond service charges on all	12886
outstanding bonds issued in connection with any turnpike project	12887
have been paid or provision for that payment has been made, as	12888
provided in the applicable bond proceedings, or in the case of a	12889
turnpike project in connection with which no bonds have been	12890
issued, the project shall continue to be or be operated, and	12891
improved and maintained, by the Ohio turnpike and infrastructure	12892
commission as a part of the Ohio turnpike system and as a toll	12893
road, and all revenues received by the commission relating to that	12894
project shall be applied as provided in division (B) of this	12895
section.	12896

(B) Subject to the bond proceedings for bonds relating to any	12897
turnpike project or infrastructure project, tolls relating to a	12898
turnpike project as referred to in division (A) of this section	12899
shall be so fixed and adjusted such that the aggregate of	12900
available revenues relating to that turnpike project ~~and available~~	12901
~~for the purpose~~ are in amounts ~~to provide moneys~~at least	12902
sufficient~~, and those revenues shall be used,~~ to pay the costs	12903
described in division (C)~~(1)~~(2)(a) of section 5537.13 of the	12904
Revised Code.	12905

Sec. 5537.22. All final actions of the Ohio turnpike and	12906
infrastructure commission shall be journalized and such journal	12907
shall be open to the inspection of the public at all reasonable	12908
times.	12909

Sec. 5537.24. (A) There is hereby created a turnpike	12910
legislative review committee consisting of six members as follows:	12911

(1) Three members of the senate, no more than two of whom	12912
shall be members of the same political party, one of whom shall be	12913
the chairperson of the committee dealing primarily with highway	12914
matters, one of whom shall be appointed by the president of the	12915
senate, and one of whom shall be appointed by the minority leader	12916
of the senate.	12917

Both the senate member who is appointed by the president of	12918
the senate and the senate member appointed by the minority leader	12919
of the senate shall represent either districts in which is located	12920
or through which passes a portion of a turnpike project that is	12921
part of the Ohio turnpike system or districts located in the	12922
vicinity of a turnpike project that is part of the Ohio turnpike	12923
system.	12924

The president of the senate shall make the president of the	12925
senate's appointment to the committee first, followed by the	12926
minority leader of the senate, and they shall make their	12927
appointments in such a manner that their two appointees represent	12928
districts that are located in different areas of the state. If the	12929
chairperson of the senate committee dealing primarily with highway	12930
matters represents a district in which is located or through which	12931
passes a portion of a turnpike project that is part of the Ohio	12932
turnpike system or a district located in the vicinity of a	12933
turnpike project that is part of the Ohio turnpike system, the	12934
president of the senate and the minority leader of the senate	12935
shall make their appointments in such a manner that their two	12936
appointees and the chairperson of the senate committee dealing	12937
primarily with highway matters all represent districts that are	12938
located in different areas of the state.	12939

(2) Three members of the house of representatives, no more	12940
than two of whom shall be members of the same political party, one	12941
of whom shall be the chairperson of the house of representatives	12942
committee dealing primarily with highway matters, one of whom	12943
shall be appointed by the speaker of the house of representatives,	12944
and one of whom shall be appointed by the minority leader of the	12945
house of representatives.	12946

Both the house of representatives member who is appointed by	12947
the speaker of the house of representatives and the house of	12948
representatives member appointed by the minority leader of the	12949
house of representatives shall represent either districts in which	12950
is located or through which passes a portion of a turnpike project	12951
that is part of the Ohio turnpike system or districts located in	12952
the vicinity of a turnpike project that is part of the Ohio	12953
turnpike system.	12954

The speaker of the house of representatives shall make the	12955
speaker of the house of representative's appointment to the	12956
committee first, followed by the minority leader of the house of	12957
representatives, and they shall make their appointments in such a	12958
manner that their two appointees represent districts that are	12959
located in different areas of the state. If the chairperson of the	12960
house of representatives committee dealing primarily with highway	12961
matters represents a district in which is located or through which	12962
passes a portion of a turnpike project that is part of the Ohio	12963
turnpike system or a district located in the vicinity of a	12964
turnpike project that is part of the Ohio turnpike system, the	12965
speaker of the house of representatives and the minority leader of	12966
the house of representatives shall make their appointments in such	12967
a manner that their two appointees and the chairperson of the	12968
house of representatives committee dealing primarily with highway	12969
matters all represent districts that are located in different	12970
areas of the state.	12971

The chairperson of the house of representatives committee	12972
shall serve as the chairperson of the turnpike legislative review	12973
committee for the year 1996. Thereafter, the chair annually shall	12974
alternate between, first, the chairperson of the senate committee	12975
and then the chairperson of the house of representatives	12976
committee.	12977

(B) Each member of the turnpike legislative review committee	12978
who is a member of the general assembly shall serve a term of the	12979
remainder of the general assembly during which the member is	12980
appointed or is serving as chairperson of the specified senate or	12981
house committee. In the event of the death or resignation of a	12982
committee member who is a member of the general assembly, or in	12983
the event that a member ceases to be a senator or representative,	12984
or in the event that the chairperson of the senate committee	12985
dealing primarily with highway matters or the chairperson of the	12986
house of representatives committee dealing primarily with highway	12987
matters ceases to hold that position, the vacancy shall be filled	12988
through an appointment by the president of the senate or the	12989
speaker of the house of representatives or minority leader of the	12990
senate or house of representatives, as applicable. Any member	12991
appointed to fill a vacancy occurring prior to the end of the term	12992
for which the member's predecessor was appointed shall hold office	12993
for the remainder of the term or for a shorter period of time as	12994
determined by the president or the speaker. A member of the	12995
committee is eligible for reappointment.	12996

(C) The turnpike legislative review committee shall meet at	12997
least quarterly and may meet at the call of its chairperson, or	12998
upon the written request to the chairperson of not fewer than four	12999
members of the committee. Meetings shall be held at sites that are	13000
determined solely by the chairperson of the committee. At each	13001
meeting, the Ohio turnpike and infrastructure commission shall	13002
make a report to the committee on commission matters, including	13003
but not limited to financial and budgetary matters and proposed	13004
and on-going construction, maintenance, repair, and operational	13005
projects of the commission.	13006

The committee, by the affirmative vote of at least four of	13007
its members, may submit written recommendations to the commission,	13008
either at meetings held pursuant to this section or at any other	13009
time, describing new turnpike projects or new interchanges located	13010
on existing projects that the committee believes the commission	13011
should consider constructing.	13012

(D) At least annually the commission shall make a report to	13013
the committee of those infrastructure projects approved and paid	13014
for by the commission.	13015

(E) The members of the turnpike legislative review committee	13016
who are members of the general assembly shall serve without	13017
compensation, but shall be reimbursed by the commission for their	13018
actual and necessary expenses incurred in the discharge of their	13019
official duties as committee members. Serving as a member of the	13020
turnpike legislative review committee does not constitute grounds	13021
for resignation from the senate or house of representatives under	13022
section 101.26 of the Revised Code.	13023

Sec. 5537.25. (A) Notwithstanding any provision of law to	13024
the contrary, the Ohio turnpike and infrastructure commission	13025
shall make no expenditure to engage the services of any person to	13026
influence either of the following:	13027

(1) Administrative actions or decisions of the governor, the	13028
director of any department listed in section 121.02 of the Revised	13029
Code, any member of the staff of any public officer or employee	13030
listed in this section, the president of the United States, or any	13031
federal officer or employee;	13032

(2) Legislation pending in this state or any other state, a	13033
subdivision of this state or any other state, or the federal	13034
government, including the executive approval or veto of any such	13035
pending legislation.	13036

(B) This section shall not be interpreted to prohibit the	13037
commission from designating officers or members of the commission,	13038
or full-time, permanent employees of the commission, to act as	13039
administrative or legislative agents for the commission.	13040

Sec. 5537.26. (A) Except as provided in division (D) of this	13041
section, no increase by the Ohio turnpike and infrastructure	13042
commission in the toll rate structure that is applicable to	13043
vehicles operating on a turnpike project shall become effective	13044
unless the commission complies with the notice and hearing	13045
requirements prescribed in division (B) of this section, and the	13046
commission shall not take any action that expands, has the effect	13047
of expanding, or will to any degree at any time in the future have	13048
the effect of expanding the sphere of responsibility of the	13049
commission beyond the Ohio turnpike, unless the commission	13050
complies with the notice and hearing requirements prescribed in	13051
division (B) of this section.	13052

(B) Not less than ninety days prior to the date on which the	13053
commission votes to increase any part of the toll rate structure	13054
that is applicable to vehicles operating on a turnpike project,	13055
and not less than ninety days prior to the date on which the	13056
commission votes to take an action that expands, has the effect of	13057
expanding, or will to any degree at any time in the future have	13058
the effect of expanding the sphere of responsibility of the	13059
commission beyond the Ohio turnpike, the commission shall do both	13060
of the following:	13061

(1) Send notice to the governor and the presiding officers	13062
and minority leaders of the senate and house of representatives	13063
that details the proposed increase to the toll rate structure or	13064
the expansion of the sphere of responsibility of the commission	13065
beyond the Ohio turnpike, including a description of and a	13066
justification for the increase or expansion;	13067

(2) Commence holding public hearings on the proposed increase	13068
in the toll rate structure or the proposed action. If the	13069
commission is proposing an increase in the toll rate structure	13070
that is applicable to vehicles operating on a turnpike project, it	13071
shall hold not less than three public hearings in three	13072
geographically diverse locations in this state that are in the	13073
immediate vicinity of the affected project. If the commission is	13074
proposing to take an action that expands, has the effect of	13075
expanding, or will to any degree at any time in the future have	13076
the effect of expanding the sphere of responsibility of the	13077
commission beyond the Ohio turnpike, it shall hold not less than	13078
three public hearings in three locations in the immediate vicinity	13079
where the expanded responsibilities would arise.	13080

The commission shall hold the third or, if it holds more than	13081
three hearings, the last hearing of any set of hearings required	13082
to be held under this section not less than thirty days prior to	13083
the date on which it votes to increase part of the toll rate	13084
structure that is applicable to vehicles operating on a turnpike	13085
project or to take an action that expands, has the effect of	13086
expanding, or will to any degree at any time in the future have	13087
the effect of expanding the sphere of responsibility of the	13088
commission beyond the Ohio turnpike.	13089

The commission shall inform the public of all the hearings	13090
required to be held under this section by causing a notice to be	13091
published in a newspaper of general circulation in the county in	13092
which each hearing is to be held, not less than once per week for	13093
two weeks prior to the date of the hearing.	13094

(C) If the commission does not comply with the notice and	13095
hearing requirements contained in division (B) of this section and	13096
votes for an increase in the toll rate structure that is	13097
applicable to vehicles operating on a turnpike project, the	13098
increase in the toll rate structure shall not take effect, any	13099
attempt by the commission to implement the increase in the toll	13100
rate structure is void, and, if necessary, the attorney general	13101
shall file an action in the court of common pleas of the county in	13102
which the principal office of the commission is located to enjoin	13103
the commission from implementing the increase. The commission	13104
shall not implement any increase until it complies with division	13105
(B) of this section.	13106

If the commission does not comply with the notice and hearing	13107
requirements contained in division (B) of this section and votes	13108
to take an action that expands, has the effect of expanding, or	13109
will to any degree at any time in the future have the effect of	13110
expanding the sphere of responsibility of the commission beyond	13111
the Ohio turnpike, the commission shall not take the proposed	13112
action and, if necessary, the attorney general shall file an	13113
action in the court of common pleas of the county in which the	13114
principal office of the commission is located to enjoin the	13115
commission from taking the proposed action. The commission shall	13116
not take the proposed action until it complies with the notice and	13117
hearing requirements prescribed in division (B) of this section.	13118

(D) Divisions (A) to (C) of this section do not apply to any	13119
decrease made to the toll rate structure by the commission. The	13120
commission may implement a temporary decrease in the toll rate	13121
structure only if it does not exceed eighteen months in duration.	13122
Prior to instituting any decrease to the toll rate structure, the	13123
commission shall do both of the following:	13124

(1) Not less than five days prior to any public meeting under	13125
division (D)(2) of this section, send notice to the governor and	13126
the presiding officers and minority leaders of the senate and	13127
house of representatives that details the proposed decrease to the	13128
toll rate structure;	13129

(2) Hold a public meeting to explain to members of the	13130
traveling public the reasons for the upcoming decrease, to inform	13131
them of any benefits and any negative consequences, and to give	13132
them the opportunity to express their opinions as to the relative	13133
merits or drawbacks of each toll decrease. The commission shall	13134
inform the public of the meeting by causing a notice to be	13135
published in newspapers of general circulation in Cuyahoga, Lucas,	13136
Mahoning, Trumbull, Williams, and Summit counties not less than	13137
five days prior to the meeting. The commission shall not be	13138
required to hold any public hearing or meeting upon the expiration	13139
of any temporary decrease in the toll rate structure, so long as	13140
it implements the same toll rate structure that was in effect	13141
immediately prior to the temporary decrease.	13142

(E) As used in this section, "Ohio turnpike" means the toll	13143
freeway that is under the jurisdiction of the commission and runs	13144
in an easterly and westerly direction across the entire northern	13145
portion of this state between its borders with the state of	13146
Pennsylvania in the east and the state of Indiana in the west, and	13147
carries the interstate highway designations of interstate	13148
seventy-six, interstate eighty, and interstate eighty-ninety.	13149

Sec. 5537.27. The Ohio turnpike and infrastructure	13150
commission, the director of transportation or the director's	13151
designee, and another person designated by the governor shall	13152
establish a procedure whereby a political subdivision or other	13153
government agency or agencies may submit a written application to	13154
the commission, requesting the commission to construct and operate	13155
a turnpike project within the boundaries of the subdivision,	13156
agency, or agencies making the request. The procedure shall	13157
include a requirement that the commission send a written reply to	13158
the subdivision, agency, or agencies, explaining the disposition	13159
of the request. The procedure established pursuant to this section	13160
shall not become effective unless it is approved by the commission	13161
and by the director or the director's designee and the designee of	13162
the governor, and shall require submission of the proposed	13163
turnpike project to the turnpike legislative review committee if	13164
the project must be approved by the governor.	13165

Sec. 5537.28. (A) ~~Notwithstanding any other provision of~~	13166
~~law, on and after the effective date of this section, the Ohio~~	13167
~~turnpike commission shall not expend any toll revenues that are~~	13168
~~generated by an existing turnpike project to fund in any manner or~~	13169
~~to any degree the construction, operation, maintenance, or repair~~	13170
~~of another turnpike project the location of which must be reviewed~~	13171
~~by the turnpike legislative review committee and approved by the~~	13172
~~governor.~~	13173

In paying the cost of ~~such a~~any turnpike project, the Ohio	13174
turnpike and infrastructure commission may issue bonds and bond	13175
anticipation notes as permitted by this chapter, and may accept	13176
moneys from any source to pay the cost of any portion of the	13177
turnpike project, including, but not limited to, the federal	13178
government, any department or agency of this state, and any	13179
political subdivision or other government agency. Each such	13180
project shall be constructed, operated, maintained, and repaired	13181
~~entirely~~ with funds ~~generated by that project or otherwise~~	13182
specifically acquired for that project or from ~~sources permitted~~	13183
~~by this chapter~~excess funds available from any other turnpike	13184
project.	13185

(B) ~~The commission shall not expend any toll revenues~~	13186
~~generated by the Ohio turnpike to pay any amount of the principal~~	13187
~~amount of, or interest due on, any bonds or bond anticipation~~	13188
~~notes issued by the commission to pay any portion of the cost of~~	13189
~~another turnpike project the location of which must be reviewed by~~	13190
~~the turnpike legislative review committee and approved by the~~	13191
~~governor. The commission shall not expend any toll revenues~~	13192
~~generated by any turnpike project to pay any amount of the~~	13193
~~principal amount of, or interest due on, any bonds or bond~~	13194
~~anticipation notes issued by the commission to pay any portion of~~	13195
~~the cost of a new turnpike project the location of which must be~~	13196
~~reviewed by the turnpike legislative review committee and approved~~	13197
~~by the governor or the cost of the operation, repair, improvement,~~	13198
~~maintenance, or reconstruction of any turnpike project other than~~	13199
~~the project that generated those toll revenues.~~	13200

~~(C)~~ As used in this section:

13201

~~(1) "Ohio turnpike" has the same meaning as in division (E)~~	13202
~~of section 5537.26 of the Revised Code;~~	13203

~~(2) "Another~~"any turnpike project" does not include	13204
infrastructure ~~improvements on the Ohio turnpike or on connecting~~	13205
~~roadways within one mile of an Ohio turnpike interchange~~projects.	13206
The costs of infrastructure projects approved under section	13207
5537.18 of the Revised Code shall be funded exclusively out of the	13208
infrastructure fund or funds.	13209

Sec. 5537.30. (A) Not later than December 31, 2009, the Ohio	13210
turnpike and infrastructure commission shall establish a program	13211
for the placement of business logos for identification purposes on	13212
directional signs within the turnpike right-of-way.	13213

(B)(1) The commission shall establish, and may revise at any	13214
time, a fee for participation in the business logo sign program.	13215
All direct and indirect costs of the business logo sign program	13216
established pursuant to this section shall be fully paid by the	13217
businesses applying for participation in the program. The direct	13218
and indirect costs of the program shall include, but not be	13219
limited to, the cost of capital, directional signs, blanks, posts,	13220
logos, installation, repair, engineering, design, insurance,	13221
removal, replacement, and administration.	13222

(2) Money generated from participating businesses in excess	13223
of the direct and indirect costs and any reasonable profit earned	13224
by a person awarded a contract ~~under division (C) of this section~~	13225
to operate, maintain, or market the business logo sign program	13226
shall be remitted to the commission.	13227

(3) If the commission operates such a program and does not	13228
contract with a private person to operate it, all money collected	13229
from participating businesses shall be retained by the commission.	13230

(C) ~~The commission, in accordance with rules adopted pursuant~~	13231
~~to section 111.15 of the Revised Code, may contract with any~~	13232
~~private person to operate, maintain, or market the business logo~~	13233
~~sign program. The contract may allow for a reasonable profit to be~~	13234
~~earned by the successful applicant. In awarding the contract, the~~	13235
~~commission shall consider the skill, expertise, prior experience,~~	13236
~~and other qualifications of each applicant.~~	13237

~~(D)~~ The program shall permit the business logo signs of a	13238
seller of motor vehicle fuel to include on the seller's signs a	13239
marking or symbol indicating that the seller sells one or more	13240
types of alternative fuel so long as the seller in fact sells that	13241
fuel. As used in this division, "alternative fuel" has the same	13242
meaning as in section 125.831 of the Revised Code.	13243

Sec. 5553.051. The board of county commissioners may	13244
establish a fee to cover the actual costs the county incurs in	13245
providing published notice and mailed notice as required by	13246
section 5553.05 of the Revised Code. The board may require an	13247
initial deposit to be paid at the time a petition for vacation of	13248
a road is filed under section 5553.04 of the Revised Code or	13249
promptly thereafter. The clerk of the board shall maintain an	13250
accurate and detailed accounting of all funds received under this	13251
section and expended in providing the required published and	13252
mailed notice.	13253

Sec. 5577.044. (A) Notwithstanding sections 5577.02 and	13254
5577.04 of the Revised Code, a vehicle fueled solely by compressed	13255
natural gas may exceed by not more than two thousand pounds the	13256
gross vehicle weight provisions of sections 5577.01 to 5577.09 of	13257
the Revised Code or the axle load limits of those sections.	13258

(B) If a vehicle described in division (A) of this section	13259
exceeds the weight provisions of sections 5577.01 to 5577.09 of	13260
the Revised Code by more than the allowance provided for in	13261
division (A) of this section, both of the following apply:	13262

(1) The applicable penalty prescribed in section 5577.99 of	13263
the Revised Code;	13264

(2) The civil liability imposed by section 5577.12 of the	13265
Revised Code.	13266

(C) Division (A) of this section does not apply to the	13267
operation of a vehicle on either of the following:	13268

(1) A highway that is part of the interstate system;

13269

(2) A highway, road, or bridge that is subject to reduced	13270
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	13271
5577.09, or 5591.42 of the Revised Code.	13272

Sec. 5577.05. (A) No vehicle shall be operated upon the	13273
public highways, streets, bridges, and culverts within the state,	13274
whose dimensions exceed those specified in this section.	13275

(B) No such vehicle shall have a width in excess of:

13276

(1) One hundred four inches for passenger bus type vehicles	13277
operated exclusively within municipal corporations;	13278

(2) One hundred two inches, excluding such safety devices as	13279
are required by law, for passenger bus type vehicles operated over	13280
freeways, and such other state roads with minimum pavement widths	13281
of twenty-two feet, except those roads or portions of roads over	13282
which operation of one hundred two-inch buses is prohibited by	13283
order of the director of transportation;	13284

(3) One hundred thirty-two inches for traction engines;

13285

(4) One hundred two inches for recreational vehicles,	13286
excluding safety devices and retracted awnings and other	13287
appurtenances of six inches or less in width and except that the	13288
director may prohibit the operation of one hundred two inch	13289
recreational vehicles on designated state highways or portions of	13290
highways;	13291

(5) One hundred two inches, including load, for all other	13292
vehicles, except that the director may prohibit the operation of	13293
one hundred two-inch vehicles on such state highways or portions	13294
of state highways as the director designates.	13295

13296

(1) Sixty-six feet for passenger bus type vehicles and	13297
articulated passenger bus type vehicles operated by a regional	13298
transit authority pursuant to sections 306.30 to 306.54 of the	13299
Revised Code;	13300

(2) Forty-five feet for all other passenger bus type	13301
vehicles;	13302

(3) Fifty-three feet for any semitrailer when operated in a	13303
commercial tractor-semitrailer combination, with or without load,	13304
except that the director may prohibit the operation of any such	13305
commercial tractor-semitrailer combination on such state highways	13306
or portions of state highways as the director designates.	13307

(4) Twenty-eight and one-half feet for any semitrailer or	13308
trailer when operated in a commercial tractor-semitrailer-trailer	13309
or commercial tractor-semitrailer-semitrailer combination, except	13310
that the director may prohibit the operation of any such	13311
commercial tractor-semitrailer-trailer or commercial	13312
tractor-semitrailer-semitrailer combination on such state highways	13313
or portions of state highways as the director designates;	13314

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	13315
transporter combinations and drive-away saddlemount with fullmount	13316
vehicle transporter combinations when operated on any interstate,	13317
United States route, or state route, including reasonable access	13318
travel on all other roadways for a distance not to exceed one road	13319
mile from any interstate, United States route, or state route, not	13320
to exceed three saddlemounted vehicles, but which may include one	13321
fullmount;	13322

(b) Seventy-five feet for drive-away saddlemount vehicle	13323
transporter combinations and drive-away saddlemount with fullmount	13324
vehicle transporter combinations, when operated on any roadway not	13325
designated as an interstate, United States route, or state route,	13326
not to exceed three saddlemounted vehicles, but which may include	13327
one fullmount;	13328

(6) Sixty-five feet for any other combination of vehicles	13329
coupled together, with or without load, except as provided in	13330
divisions (C)(3) and (4), and in division (E) of this section;	13331

(7) Forty-five feet for recreational vehicles;

13332

(8) ~~Forty~~Fifty feet for all other vehicles except trailers	13333
and semitrailers, with or without load.	13334

(D) No such vehicle shall have a height in excess of thirteen	13335
feet six inches, with or without load.	13336

(E) An automobile transporter or boat transporter shall be	13337
allowed a length of sixty-five feet and a stinger-steered	13338
automobile transporter or stinger-steered boat transporter shall	13339
be allowed a length of seventy-five feet, except that the load	13340
thereon may extend no more than four feet beyond the rear of such	13341
vehicles and may extend no more than three feet beyond the front	13342
of such vehicles, and except further that the director may	13343
prohibit the operation of a stinger-steered automobile	13344
transporter, stinger-steered boat transporter, or a B-train	13345
assembly on any state highway or portion of any state highway that	13346
the director designates.	13347

(F) The widths prescribed in division (B) of this section	13348
shall not include side mirrors, turn signal lamps, marker lamps,	13349
handholds for cab entry and egress, flexible fender extensions,	13350
mud flaps, splash and spray suppressant devices, and load-induced	13351
tire bulge.	13352

The width prescribed in division (B)(5) of this section shall	13353
not include automatic covering devices, tarp and tarp hardware,	13354
and tiedown assemblies, provided these safety devices do not	13355
extend more than three inches from each side of the vehicle.	13356

The lengths prescribed in divisions (C)(2) to (8) of this	13357
section shall not include safety devices, bumpers attached to the	13358
front or rear of such bus or combination, nonproperty carrying	13359
devices or components that do not extend more than twenty-four	13360
inches beyond the rear of the vehicle and are needed for loading	13361
or unloading, B-train assembly used between the first and second	13362
semitrailer of a commercial tractor-semitrailer-semitrailer	13363
combination, energy conservation devices as provided in any	13364
regulations adopted by the secretary of the United States	13365
department of transportation, or any noncargo-carrying	13366
refrigeration equipment attached to the front of trailers and	13367
semitrailers. In special cases, vehicles whose dimensions exceed	13368
those prescribed by this section may operate in accordance with	13369
rules adopted by the director.	13370

(G) This section does not apply to fire engines, fire trucks,	13371
or other vehicles or apparatus belonging to any municipal	13372
corporation or to the volunteer fire department of any municipal	13373
corporation or used by such department in the discharge of its	13374
functions. This section does not apply to vehicles and pole	13375
trailers used in the transportation of wooden and metal poles, nor	13376
to the transportation of pipes or well-drilling equipment, nor to	13377
farm machinery and equipment. ~~The~~	13378

The owner or operator of any vehicle, machinery, or equipment	13379
not specifically enumerated in this section but the dimensions of	13380
which exceed the dimensions provided by this section, when	13381
operating the same on the highways and streets of this state,	13382
shall comply with the rules of the director governing such	13383
movement that the director may adopt. Sections 119.01 to 119.13 of	13384
the Revised Code apply to any rules the director adopts under this	13385
section, or the amendment or rescission of the rules, and any	13386
person adversely affected shall have the same right of appeal as	13387
provided in those sections.	13388

This section does not require the state, a municipal	13389
corporation, county, township, or any railroad or other private	13390
corporation to provide sufficient vertical clearance to permit the	13391
operation of such vehicle, or to make any changes in or about	13392
existing structures now crossing streets, roads, and other public	13393
thoroughfares in this state.	13394

(H) As used in this section, "recreational vehicle" has the	13395
same meaning as in section 4501.01 of the Revised Code.	13396

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	13397
Revised Code:	13398

(A) "Motor vehicle" means everything on wheels that is	13399
self-propelled, other than by muscular power or power collected	13400
from electric trolley wires and other than vehicles or machinery	13401
not designed for or employed in general highway transportation,	13402
used to transport or propel persons or property over a public	13403
highway.	13404

(B) "Commercial car" means any motor vehicle used for	13405
transporting persons or property, wholly on its own structure on a	13406
public highway.	13407

(C) "Commercial tractor" means any motor vehicle designed and	13408
used to propel or draw a trailer or semi-trailer or both on a	13409
public highway without having any provision for carrying loads	13410
independently of such trailer or semi-trailer.	13411

(D) "Trailer" means everything on wheels that is not	13412
self-propelled, except vehicles or machinery not designed for or	13413
employed in general highway transportation, used for carrying	13414
property wholly on its own structure and for being drawn by a	13415
motor vehicle on a public highway, including any such vehicle when	13416
formed by or operated as a combination of a semi-trailer and a	13417
vehicle of the dolly type such as that commonly known as a trailer	13418
dolly. "Trailer" does not include manufactured homes as defined in	13419
division (C)(4) of section 3781.06 of the Revised Code or mobile	13420
homes as defined in division (O) of section 4501.01 of the Revised	13421
Code.	13422

(E) "Semi-trailer" means everything on wheels that is not	13423
self-propelled, except vehicles or machinery not designed for or	13424
employed in general highway transportation, designed and used for	13425
carrying property on a public highway when being propelled or	13426
drawn by a commercial tractor when part of its own weight or the	13427
weight of its load, or both, rest upon and is carried by a	13428
commercial tractor.	13429

(F) "Commercial tandem" means any commercial car and trailer	13430
or any commercial tractor, semi-trailer, and trailer when fastened	13431
together and used as one unit.	13432

(G) "Commercial tractor combination" means any commercial	13433
tractor and semi-trailer when fastened together and used as one	13434
unit.	13435

(H) "Axle" means two or more load carrying wheels mounted in	13436
a single transverse vertical plane.	13437

(I) "Public highway" means any highway, road, or street	13438
dedicated to public use, including a highway under the control and	13439
jurisdiction of the Ohio turnpike and infrastructure commission	13440
created by the provisions of section 5537.02 of the Revised Code	13441
and land and lots over which the public, either as user or owner,	13442
generally has a right to pass even though such land or lots are	13443
closed temporarily by public authorities for the purpose of	13444
construction, reconstruction, maintenance, or repair.	13445

(J) "Jurisdiction" means a state of the United States, the	13446
District of Columbia, or a province or territory of Canada.	13447

Sec. 5735.05. (A) To provide revenue for maintaining the	13448
state highway system; to widen existing surfaces on such highways;	13449
to resurface such highways; to pay that portion of the	13450
construction cost of a highway project which a county, township,	13451
or municipal corporation normally would be required to pay, but	13452
which the director of transportation, pursuant to division (B) of	13453
section 5531.08 of the Revised Code, determines instead will be	13454
paid from moneys in the highway operating fund; to enable the	13455
counties of the state properly to plan, maintain, and repair their	13456
roads and to pay principal, interest, and charges on bonds and	13457
other obligations issued pursuant to Chapter 133. of the Revised	13458
Code or incurred pursuant to section 5531.09 of the Revised Code	13459
for highway improvements; to enable the municipal corporations to	13460
plan, construct, reconstruct, repave, widen, maintain, repair,	13461
clear, and clean public highways, roads, and streets, and to pay	13462
the principal, interest, and charges on bonds and other	13463
obligations issued pursuant to Chapter 133. of the Revised Code or	13464
incurred pursuant to section 5531.09 of the Revised Code for	13465
highway improvements; to enable the Ohio turnpike and	13466
infrastructure commission to construct, reconstruct, maintain, and	13467
repair turnpike projects; to maintain and repair bridges and	13468
viaducts; to purchase, erect, and maintain street and traffic	13469
signs and markers; to purchase, erect, and maintain traffic lights	13470
and signals; to pay the costs apportioned to the public under	13471
sections 4907.47 and 4907.471 of the Revised Code and to	13472
supplement revenue already available for such purposes; to pay the	13473
costs incurred by the public utilities commission in administering	13474
sections 4907.47 to 4907.476 of the Revised Code; to distribute	13475
equitably among those persons using the privilege of driving motor	13476
vehicles upon such highways and streets the cost of maintaining	13477
and repairing them; to pay the interest, principal, and charges on	13478
highway capital improvements bonds and other obligations issued	13479
pursuant to Section 2m of Article VIII, Ohio Constitution, and	13480
section 151.06 of the Revised Code; to pay the interest,	13481
principal, and charges on highway obligations issued pursuant to	13482
Section 2i of Article VIII, Ohio Constitution, and sections	13483
5528.30 and 5528.31 of the Revised Code; to pay the interest,	13484
principal, and charges on major new state infrastructure bonds and	13485
other obligations of the state issued pursuant to Section 13 of	13486
Article VIII, Ohio Constitution, and section 5531.10 of the	13487
Revised Code; to provide revenue for the purposes of sections	13488
1547.71 to 1547.78 of the Revised Code; and to pay the expenses of	13489
the department of taxation incident to the administration of the	13490
motor fuel laws, a motor fuel excise tax is hereby imposed on all	13491
motor fuel dealers upon receipt of motor fuel within this state at	13492
the rate of two cents plus the cents per gallon rate on each	13493
gallon so received, to be computed in the manner set forth in	13494
section 5735.06 of the Revised Code; provided that no tax is	13495
hereby imposed upon the following transactions:	13496

(1) The sale of dyed diesel fuel by a licensed motor fuel	13497
dealer from a location other than a retail service station	13498
provided the licensed motor fuel dealer places on the face of the	13499
delivery document or invoice, or both if both are used, a	13500
conspicuous notice stating that the fuel is dyed and is not for	13501
taxable use, and that taxable use of that fuel is subject to a	13502
penalty. The tax commissioner, by rule, may provide that any	13503
notice conforming to rules or regulations issued by the United	13504
States department of the treasury or the Internal Revenue Service	13505
is sufficient notice for the purposes of division (A)(1) of this	13506
section.	13507

(2) The sale of K-1 kerosene to a retail service station,	13508
except when placed directly in the fuel supply tank of a motor	13509
vehicle. Such sale shall be rebuttably presumed to not be	13510
distributed or sold for use or used to generate power for the	13511
operation of motor vehicles upon the public highways or upon the	13512
waters within the boundaries of this state.	13513

(3) The sale of motor fuel by a licensed motor fuel dealer to	13514
another licensed motor fuel dealer;	13515

(4) The exportation of motor fuel by a licensed motor fuel	13516
dealer from this state to any other state or foreign country;	13517

(5) The sale of motor fuel to the United States government or	13518
any of its agencies, except such tax as is permitted by it, where	13519
such sale is evidenced by an exemption certificate, in a form	13520
approved by the tax commissioner, executed by the United States	13521
government or an agency thereof certifying that the motor fuel	13522
therein identified has been purchased for the exclusive use of the	13523
United States government or its agency;	13524

(6) The sale of motor fuel that is in the process of	13525
transportation in foreign or interstate commerce, except insofar	13526
as it may be taxable under the Constitution and statutes of the	13527
United States, and except as may be agreed upon in writing by the	13528
dealer and the commissioner;	13529

(7) The sale of motor fuel when sold exclusively for use in	13530
the operation of aircraft, where such sale is evidenced by an	13531
exemption certificate prescribed by the commissioner and executed	13532
by the purchaser certifying that the motor fuel purchased has been	13533
purchased for exclusive use in the operation of aircraft;	13534

(8) The sale for exportation of motor fuel by a licensed	13535
motor fuel dealer to a licensed exporter type A;	13536

(9) The sale for exportation of motor fuel by a licensed	13537
motor fuel dealer to a licensed exporter type B, provided that the	13538
destination state motor fuel tax has been paid or will be accrued	13539
and paid by the licensed motor fuel dealer.	13540

(10) The sale to a consumer of diesel fuel, by a motor fuel	13541
dealer for delivery from a bulk lot vehicle, for consumption in	13542
operating a vessel when the use of such fuel in a vessel would	13543
otherwise qualify for a refund under section 5735.14 of the	13544
Revised Code.	13545

Division (A)(1) of this section does not apply to the sale or	13546
distribution of dyed diesel fuel used to operate a motor vehicle	13547
on the public highways or upon water within the boundaries of this	13548
state by persons permitted under regulations of the United States	13549
department of the treasury or of the Internal Revenue Service to	13550
so use dyed diesel fuel.	13551

(B) The two cent motor fuel tax levied by this section is	13552
also for the purpose of paying the expenses of administering and	13553
enforcing the state law relating to the registration and operation	13554
of motor vehicles.	13555

(C) After the tax provided for by this section on the receipt	13556
of any motor fuel has been paid by the motor fuel dealer, the	13557
motor fuel may thereafter be used, sold, or resold by any person	13558
having lawful title to it, without incurring liability for such	13559
tax.	13560

If a licensed motor fuel dealer sells motor fuel received by	13561
the licensed motor fuel dealer to another licensed motor fuel	13562
dealer, the seller may deduct on the report required by section	13563
5735.06 of the Revised Code the number of gallons so sold for the	13564
month within which the motor fuel was sold or delivered. In this	13565
event the number of gallons is deemed to have been received by the	13566
purchaser, who shall report and pay the tax imposed thereon.	13567

Sec. 5735.23. (A) Out of receipts from the tax levied by	13568
section 5735.05 of the Revised Code, the treasurer of state shall	13569
place to the credit of the tax refund fund established by section	13570
5703.052 of the Revised Code amounts equal to the refunds	13571
certified by the tax commissioner pursuant to sections 5735.13,	13572
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	13573
treasurer of state shall then transfer the amount required by	13574
section 5735.051 of the Revised Code to the waterways safety fund,	13575
the amount required by section 4907.472 of the Revised Code to the	13576
grade crossing protection fund, and the amount required by section	13577
5735.053 of the Revised Code to the motor fuel tax administration	13578
fund.	13579

(B) Except as provided in division (D) of this section, each	13580
month the balance of the receipts from the tax levied by section	13581
5735.05 of the Revised Code shall be credited, after receipt by	13582
the treasurer of state of certification from the commissioners of	13583
the sinking fund, as required by section 5528.35 of the Revised	13584
Code, that there are sufficient moneys to the credit of the	13585
highway obligations bond retirement fund to meet in full all	13586
payments of interest, principal, and charges for the retirement of	13587
highway obligations issued pursuant to Section 2i of Article VIII,	13588
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	13589
Code due and payable during the current calendar year, as follows:	13590

(1) To the state and local government highway distribution	13591
fund, which is hereby created in the state treasury, an amount	13592
that is the same percentage of the balance to be credited as that	13593
portion of the tax per gallon determined under division (B)(2)(a)	13594
of section 5735.06 of the Revised Code is of the total tax per	13595
gallon determined under divisions (B)(2)(a) and (b) of that	13596
section.	13597

(2) After making the distribution to the state and local	13598
government highway distribution fund, the remainder shall be	13599
credited as follows:	13600

(a) Thirty per cent to the gasoline excise tax fund for	13601
distribution pursuant to division (A)(1) of section 5735.27 of the	13602
Revised Code;	13603

(b) Twenty-five per cent to the gasoline excise tax fund for	13604
distribution pursuant to division (A)(3) of section 5735.27 of the	13605
Revised Code;	13606

(c) Except as provided in division (D) of this section,	13607
forty-five per cent to the highway operating fund for distribution	13608
pursuant to division (B)(1) of section 5735.27 of the Revised	13609
Code.	13610

(C) From the balance in the state and local government	13611
highway distribution fund on the last day of each month there	13612
shall be paid the following amounts:	13613

(1) To the local transportation improvement program fund	13614
created by section 164.14 of the Revised Code, an amount equal to	13615
a fraction of the balance in the state and local government	13616
highway distribution fund, the numerator of which fraction is one	13617
and the denominator of which fraction is that portion of the tax	13618
per gallon determined under division (B)(2)(a) of section 5735.06	13619
of the Revised Code;	13620

(2) An amount equal to five cents multiplied by the number of	13621
gallons of motor fuel sold at stations operated by the Ohio	13622
turnpike and infrastructure commission, such gallonage to be	13623
certified by the commission to the treasurer of state not later	13624
than the last day of the month following. The funds paid to the	13625
commission pursuant to this section shall be expended for the	13626
construction, reconstruction, maintenance, and repair of turnpike	13627
projects, except that the funds may not be expended for the	13628
construction of new interchanges. The funds also may be expended	13629
for the construction, reconstruction, maintenance, and repair of	13630
those portions of connecting public roads that serve existing	13631
interchanges and are determined by the commission and the director	13632
of transportation to be necessary for the safe merging of traffic	13633
between the turnpike and those public roads.	13634

The remainder of the balance shall be distributed as follows	13635
on the fifteenth day of the following month:	13636

(a) Ten and seven-tenths per cent shall be paid to municipal	13637
corporations for distribution pursuant to division (A)(1) of	13638
section 5735.27 of the Revised Code and may be used for any	13639
purpose for which payments received under that division may be	13640
used. Through July 15, 2005, the sum of two hundred forty-eight	13641
thousand six hundred twenty-five dollars shall be monthly	13642
subtracted from the amount so computed and credited to the highway	13643
operating fund. Beginning August 15, 2005, the sum of seven	13644
hundred forty-five thousand eight hundred seventy-five dollars	13645
shall be monthly subtracted from the amount so computed and	13646
credited to the highway operating fund.	13647

(b) Five per cent shall be paid to townships for distribution	13648
pursuant to division (A)(5) of section 5735.27 of the Revised Code	13649
and may be used for any purpose for which payments received under	13650
that division may be used. Through July 15, 2005, the sum of	13651
eighty-seven thousand seven hundred fifty dollars shall be monthly	13652
subtracted from the amount so computed and credited to the highway	13653
operating fund. Beginning August 15, 2005, the sum of two hundred	13654
sixty-three thousand two hundred fifty dollars shall be monthly	13655
subtracted from the amount so computed and credited to the highway	13656
operating fund.	13657

(c) Nine and three-tenths per cent shall be paid to counties	13658
for distribution pursuant to division (A)(3) of section 5735.27 of	13659
the Revised Code and may be used for any purpose for which	13660
payments received under that division may be used. Through July	13661
15, 2005, the sum of two hundred forty-eight thousand six hundred	13662
twenty-five dollars shall be monthly subtracted from the amount so	13663
computed and credited to the highway operating fund. Beginning	13664
August 15, 2005, the sum of seven hundred forty-five thousand	13665
eight hundred seventy-five dollars shall be monthly subtracted	13666
from the amount so computed and credited to the highway operating	13667
fund.	13668

(d) Except as provided in division (D) of this section, the	13669
balance shall be transferred to the highway operating fund and	13670
used for the purposes set forth in division (B)(1) of section	13671
5735.27 of the Revised Code.	13672

(D) Monthly from September to February of each fiscal year,	13673
an amount equal to one-sixth of the amount certified in July of	13674
that year by the treasurer of state pursuant to division (Q) of	13675
section 151.01 of the Revised Code shall, from amounts required to	13676
be credited or transferred to the highway operating fund pursuant	13677
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or	13678
transferred to the highway capital improvement bond service fund	13679
created in section 151.06 of the Revised Code. If, in any of those	13680
months, the amount available to be credited or transferred to the	13681
bond service fund is less than one-sixth of the amount so	13682
certified, the shortfall shall be added to the amount due the next	13683
succeeding month. Any amount still due at the end of the six-month	13684
period shall be credited or transferred as the money becomes	13685
available, until such time as the office of budget and management	13686
receives certification from the treasurer of state or the	13687
treasurer of state's designee that sufficient money has been	13688
credited or transferred to the bond service fund to meet in full	13689
all payments of debt service and financing costs due during the	13690
fiscal year from that fund.	13691

Sec. 5739.02. For the purpose of providing revenue with	13692
which to meet the needs of the state, for the use of the general	13693
revenue fund of the state, for the purpose of securing a thorough	13694
and efficient system of common schools throughout the state, for	13695
the purpose of affording revenues, in addition to those from	13696
general property taxes, permitted under constitutional	13697
limitations, and from other sources, for the support of local	13698
governmental functions, and for the purpose of reimbursing the	13699
state for the expense of administering this chapter, an excise tax	13700
is hereby levied on each retail sale made in this state.	13701

(A)(1) The tax shall be collected as provided in section	13702
5739.025 of the Revised Code. The rate of the tax shall be five	13703
and one-half per cent. The tax applies and is collectible when the	13704
sale is made, regardless of the time when the price is paid or	13705
delivered.	13706

(2) In the case of the lease or rental, with a fixed term of	13707
more than thirty days or an indefinite term with a minimum period	13708
of more than thirty days, of any motor vehicles designed by the	13709
manufacturer to carry a load of not more than one ton, watercraft,	13710
outboard motor, or aircraft, or of any tangible personal property,	13711
other than motor vehicles designed by the manufacturer to carry a	13712
load of more than one ton, to be used by the lessee or renter	13713
primarily for business purposes, the tax shall be collected by the	13714
vendor at the time the lease or rental is consummated and shall be	13715
calculated by the vendor on the basis of the total amount to be	13716
paid by the lessee or renter under the lease agreement. If the	13717
total amount of the consideration for the lease or rental includes	13718
amounts that are not calculated at the time the lease or rental is	13719
executed, the tax shall be calculated and collected by the vendor	13720
at the time such amounts are billed to the lessee or renter. In	13721
the case of an open-end lease or rental, the tax shall be	13722
calculated by the vendor on the basis of the total amount to be	13723
paid during the initial fixed term of the lease or rental, and for	13724
each subsequent renewal period as it comes due. As used in this	13725
division, "motor vehicle" has the same meaning as in section	13726
4501.01 of the Revised Code, and "watercraft" includes an outdrive	13727
unit attached to the watercraft.	13728

A lease with a renewal clause and a termination penalty or	13729
similar provision that applies if the renewal clause is not	13730
exercised is presumed to be a sham transaction. In such a case,	13731
the tax shall be calculated and paid on the basis of the entire	13732
length of the lease period, including any renewal periods, until	13733
the termination penalty or similar provision no longer applies.	13734
The taxpayer shall bear the burden, by a preponderance of the	13735
evidence, that the transaction or series of transactions is not a	13736
sham transaction.	13737

(3) Except as provided in division (A)(2) of this section, in	13738
the case of a sale, the price of which consists in whole or in	13739
part of the lease or rental of tangible personal property, the tax	13740
shall be measured by the installments of that lease or rental.	13741

(4) In the case of a sale of a physical fitness facility	13742
service or recreation and sports club service, the price of which	13743
consists in whole or in part of a membership for the receipt of	13744
the benefit of the service, the tax applicable to the sale shall	13745
be measured by the installments thereof.	13746

(B) The tax does not apply to the following:

13747

(1) Sales to the state or any of its political subdivisions,	13748
or to any other state or its political subdivisions if the laws of	13749
that state exempt from taxation sales made to this state and its	13750
political subdivisions;	13751

(2) Sales of food for human consumption off the premises	13752
where sold;	13753

(3) Sales of food sold to students only in a cafeteria,	13754
dormitory, fraternity, or sorority maintained in a private,	13755
public, or parochial school, college, or university;	13756

(4) Sales of newspapers and of magazine subscriptions and	13757
sales or transfers of magazines distributed as controlled	13758
circulation publications;	13759

(5) The furnishing, preparing, or serving of meals without	13760
charge by an employer to an employee provided the employer records	13761
the meals as part compensation for services performed or work	13762
done;	13763

(6) Sales of motor fuel upon receipt, use, distribution, or	13764
sale of which in this state a tax is imposed by the law of this	13765
state, but this exemption shall not apply to the sale of motor	13766
fuel on which a refund of the tax is allowable under division (A)	13767
of section 5735.14 of the Revised Code; and the tax commissioner	13768
may deduct the amount of tax levied by this section applicable to	13769
the price of motor fuel when granting a refund of motor fuel tax	13770
pursuant to division (A) of section 5735.14 of the Revised Code	13771
and shall cause the amount deducted to be paid into the general	13772
revenue fund of this state;	13773

(7) Sales of natural gas by a natural gas company, of water	13774
by a water-works company, or of steam by a heating company, if in	13775
each case the thing sold is delivered to consumers through pipes	13776
or conduits, and all sales of communications services by a	13777
telegraph company, all terms as defined in section 5727.01 of the	13778
Revised Code, and sales of electricity delivered through wires;	13779

(8) Casual sales by a person, or auctioneer employed directly	13780
by the person to conduct such sales, except as to such sales of	13781
motor vehicles, watercraft or outboard motors required to be	13782
titled under section 1548.06 of the Revised Code, watercraft	13783
documented with the United States coast guard, snowmobiles, and	13784
all-purpose vehicles as defined in section 4519.01 of the Revised	13785
Code;	13786

(9)(a) Sales of services or tangible personal property, other	13787
than motor vehicles, mobile homes, and manufactured homes, by	13788
churches, organizations exempt from taxation under section	13789
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	13790
organizations operated exclusively for charitable purposes as	13791
defined in division (B)(12) of this section, provided that the	13792
number of days on which such tangible personal property or	13793
services, other than items never subject to the tax, are sold does	13794
not exceed six in any calendar year, except as otherwise provided	13795
in division (B)(9)(b) of this section. If the number of days on	13796
which such sales are made exceeds six in any calendar year, the	13797
church or organization shall be considered to be engaged in	13798
business and all subsequent sales by it shall be subject to the	13799
tax. In counting the number of days, all sales by groups within a	13800
church or within an organization shall be considered to be sales	13801
of that church or organization.	13802

(b) The limitation on the number of days on which tax-exempt	13803
sales may be made by a church or organization under division	13804
(B)(9)(a) of this section does not apply to sales made by student	13805
clubs and other groups of students of a primary or secondary	13806
school, or a parent-teacher association, booster group, or similar	13807
organization that raises money to support or fund curricular or	13808
extracurricular activities of a primary or secondary school.	13809

(c) Divisions (B)(9)(a) and (b) of this section do not apply	13810
to sales by a noncommercial educational radio or television	13811
broadcasting station.	13812

(10) Sales not within the taxing power of this state under	13813
the Constitution of the United States;	13814

(11) Except for transactions that are sales under division	13815
(B)(3)(r) of section 5739.01 of the Revised Code, the	13816
transportation of persons or property, unless the transportation	13817
is by a private investigation and security service;	13818

(12) Sales of tangible personal property or services to	13819
churches, to organizations exempt from taxation under section	13820
501(c)(3) of the Internal Revenue Code of 1986, and to any other	13821
nonprofit organizations operated exclusively for charitable	13822
purposes in this state, no part of the net income of which inures	13823
to the benefit of any private shareholder or individual, and no	13824
substantial part of the activities of which consists of carrying	13825
on propaganda or otherwise attempting to influence legislation;	13826
sales to offices administering one or more homes for the aged or	13827
one or more hospital facilities exempt under section 140.08 of the	13828
Revised Code; and sales to organizations described in division (D)	13829
of section 5709.12 of the Revised Code.	13830

"Charitable purposes" means the relief of poverty; the	13831
improvement of health through the alleviation of illness, disease,	13832
or injury; the operation of an organization exclusively for the	13833
provision of professional, laundry, printing, and purchasing	13834
services to hospitals or charitable institutions; the operation of	13835
a home for the aged, as defined in section 5701.13 of the Revised	13836
Code; the operation of a radio or television broadcasting station	13837
that is licensed by the federal communications commission as a	13838
noncommercial educational radio or television station; the	13839
operation of a nonprofit animal adoption service or a county	13840
humane society; the promotion of education by an institution of	13841
learning that maintains a faculty of qualified instructors,	13842
teaches regular continuous courses of study, and confers a	13843
recognized diploma upon completion of a specific curriculum; the	13844
operation of a parent-teacher association, booster group, or	13845
similar organization primarily engaged in the promotion and	13846
support of the curricular or extracurricular activities of a	13847
primary or secondary school; the operation of a community or area	13848
center in which presentations in music, dramatics, the arts, and	13849
related fields are made in order to foster public interest and	13850
education therein; the production of performances in music,	13851
dramatics, and the arts; or the promotion of education by an	13852
organization engaged in carrying on research in, or the	13853
dissemination of, scientific and technological knowledge and	13854
information primarily for the public.	13855

Nothing in this division shall be deemed to exempt sales to	13856
any organization for use in the operation or carrying on of a	13857
trade or business, or sales to a home for the aged for use in the	13858
operation of independent living facilities as defined in division	13859
(A) of section 5709.12 of the Revised Code.	13860

(13) Building and construction materials and services sold to	13861
construction contractors for incorporation into a structure or	13862
improvement to real property under a construction contract with	13863
this state or a political subdivision of this state, or with the	13864
United States government or any of its agencies; building and	13865
construction materials and services sold to construction	13866
contractors for incorporation into a structure or improvement to	13867
real property that are accepted for ownership by this state or any	13868
of its political subdivisions, or by the United States government	13869
or any of its agencies at the time of completion of the structures	13870
or improvements; building and construction materials sold to	13871
construction contractors for incorporation into a horticulture	13872
structure or livestock structure for a person engaged in the	13873
business of horticulture or producing livestock; building	13874
materials and services sold to a construction contractor for	13875
incorporation into a house of public worship or religious	13876
education, or a building used exclusively for charitable purposes	13877
under a construction contract with an organization whose purpose	13878
is as described in division (B)(12) of this section; building	13879
materials and services sold to a construction contractor for	13880
incorporation into a building under a construction contract with	13881
an organization exempt from taxation under section 501(c)(3) of	13882
the Internal Revenue Code of 1986 when the building is to be used	13883
exclusively for the organization's exempt purposes; building and	13884
construction materials sold for incorporation into the original	13885
construction of a sports facility under section 307.696 of the	13886
Revised Code; building and construction materials and services	13887
sold to a construction contractor for incorporation into real	13888
property outside this state if such materials and services, when	13889
sold to a construction contractor in the state in which the real	13890
property is located for incorporation into real property in that	13891
state, would be exempt from a tax on sales levied by that state;	13892
and, until one calendar year after the construction of a	13893
convention center that qualifies for property tax exemption under	13894
section 5709.084 of the Revised Code is completed, building and	13895
construction materials and services sold to a construction	13896
contractor for incorporation into the real property comprising	13897
that convention center;	13898

(14) Sales of ships or vessels or rail rolling stock used or	13899
to be used principally in interstate or foreign commerce, and	13900
repairs, alterations, fuel, and lubricants for such ships or	13901
vessels or rail rolling stock;	13902

(15) Sales to persons primarily engaged in any of the	13903
activities mentioned in division (B)(42)(a), (g), or (h) of this	13904
section, to persons engaged in making retail sales, or to persons	13905
who purchase for sale from a manufacturer tangible personal	13906
property that was produced by the manufacturer in accordance with	13907
specific designs provided by the purchaser, of packages, including	13908
material, labels, and parts for packages, and of machinery,	13909
equipment, and material for use primarily in packaging tangible	13910
personal property produced for sale, including any machinery,	13911
equipment, and supplies used to make labels or packages, to	13912
prepare packages or products for labeling, or to label packages or	13913
products, by or on the order of the person doing the packaging, or	13914
sold at retail. "Packages" includes bags, baskets, cartons,	13915
crates, boxes, cans, bottles, bindings, wrappings, and other	13916
similar devices and containers, but does not include motor	13917
vehicles or bulk tanks, trailers, or similar devices attached to	13918
motor vehicles. "Packaging" means placing in a package. Division	13919
(B)(15) of this section does not apply to persons engaged in	13920
highway transportation for hire.	13921

(16) Sales of food to persons using supplemental nutrition	13922
assistance program benefits to purchase the food. As used in this	13923
division, "food" has the same meaning as in 7 U.S.C. 2012 and	13924
federal regulations adopted pursuant to the Food and Nutrition Act	13925
of 2008.	13926

(17) Sales to persons engaged in farming, agriculture,	13927
horticulture, or floriculture, of tangible personal property for	13928
use or consumption primarily in the production by farming,	13929
agriculture, horticulture, or floriculture of other tangible	13930
personal property for use or consumption primarily in the	13931
production of tangible personal property for sale by farming,	13932
agriculture, horticulture, or floriculture; or material and parts	13933
for incorporation into any such tangible personal property for use	13934
or consumption in production; and of tangible personal property	13935
for such use or consumption in the conditioning or holding of	13936
products produced by and for such use, consumption, or sale by	13937
persons engaged in farming, agriculture, horticulture, or	13938
floriculture, except where such property is incorporated into real	13939
property;	13940

(18) Sales of drugs for a human being that may be dispensed	13941
only pursuant to a prescription; insulin as recognized in the	13942
official United States pharmacopoeia; urine and blood testing	13943
materials when used by diabetics or persons with hypoglycemia to	13944
test for glucose or acetone; hypodermic syringes and needles when	13945
used by diabetics for insulin injections; epoetin alfa when	13946
purchased for use in the treatment of persons with medical	13947
disease; hospital beds when purchased by hospitals, nursing homes,	13948
or other medical facilities; and medical oxygen and medical	13949
oxygen-dispensing equipment when purchased by hospitals, nursing	13950
homes, or other medical facilities;	13951

(19) Sales of prosthetic devices, durable medical equipment	13952
for home use, or mobility enhancing equipment, when made pursuant	13953
to a prescription and when such devices or equipment are for use	13954
by a human being.	13955

(20) Sales of emergency and fire protection vehicles and	13956
equipment to nonprofit organizations for use solely in providing	13957
fire protection and emergency services, including trauma care and	13958
emergency medical services, for political subdivisions of the	13959
state;	13960

(21) Sales of tangible personal property manufactured in this	13961
state, if sold by the manufacturer in this state to a retailer for	13962
use in the retail business of the retailer outside of this state	13963
and if possession is taken from the manufacturer by the purchaser	13964
within this state for the sole purpose of immediately removing the	13965
same from this state in a vehicle owned by the purchaser;	13966

(22) Sales of services provided by the state or any of its	13967
political subdivisions, agencies, instrumentalities, institutions,	13968
or authorities, or by governmental entities of the state or any of	13969
its political subdivisions, agencies, instrumentalities,	13970
institutions, or authorities;	13971

(23) Sales of motor vehicles to nonresidents of this state	13972
under the circumstances described in division (B) of section	13973
5739.029 of the Revised Code;	13974

(24) Sales to persons engaged in the preparation of eggs for	13975
sale of tangible personal property used or consumed directly in	13976
such preparation, including such tangible personal property used	13977
for cleaning, sanitizing, preserving, grading, sorting, and	13978
classifying by size; packages, including material and parts for	13979
packages, and machinery, equipment, and material for use in	13980
packaging eggs for sale; and handling and transportation equipment	13981
and parts therefor, except motor vehicles licensed to operate on	13982
public highways, used in intraplant or interplant transfers or	13983
shipment of eggs in the process of preparation for sale, when the	13984
plant or plants within or between which such transfers or	13985
shipments occur are operated by the same person. "Packages"	13986
includes containers, cases, baskets, flats, fillers, filler flats,	13987
cartons, closure materials, labels, and labeling materials, and	13988
"packaging" means placing therein.	13989

(25)(a) Sales of water to a consumer for residential use;

13990

(b) Sales of water by a nonprofit corporation engaged	13991
exclusively in the treatment, distribution, and sale of water to	13992
consumers, if such water is delivered to consumers through pipes	13993
or tubing.	13994

(26) Fees charged for inspection or reinspection of motor	13995
vehicles under section 3704.14 of the Revised Code;	13996

(27) Sales to persons licensed to conduct a food service	13997
operation pursuant to section 3717.43 of the Revised Code, of	13998
tangible personal property primarily used directly for the	13999
following:	14000

(a) To prepare food for human consumption for sale;

14001

(b) To preserve food that has been or will be prepared for	14002
human consumption for sale by the food service operator, not	14003
including tangible personal property used to display food for	14004
selection by the consumer;	14005

(c) To clean tangible personal property used to prepare or	14006
serve food for human consumption for sale.	14007

(28) Sales of animals by nonprofit animal adoption services	14008
or county humane societies;	14009

(29) Sales of services to a corporation described in division	14010
(A) of section 5709.72 of the Revised Code, and sales of tangible	14011
personal property that qualifies for exemption from taxation under	14012
section 5709.72 of the Revised Code;	14013

(30) Sales and installation of agricultural land tile, as	14014
defined in division (B)(5)(a) of section 5739.01 of the Revised	14015
Code;	14016

(31) Sales and erection or installation of portable grain	14017
bins, as defined in division (B)(5)(b) of section 5739.01 of the	14018
Revised Code;	14019

(32) The sale, lease, repair, and maintenance of, parts for,	14020
or items attached to or incorporated in, motor vehicles that are	14021
primarily used for transporting tangible personal property	14022
belonging to others by a person engaged in highway transportation	14023
for hire, except for packages and packaging used for the	14024
transportation of tangible personal property;	14025

(33) Sales to the state headquarters of any veterans'	14026
organization in this state that is either incorporated and issued	14027
a charter by the congress of the United States or is recognized by	14028
the United States veterans administration, for use by the	14029
headquarters;	14030

(34) Sales to a telecommunications service vendor, mobile	14031
telecommunications service vendor, or satellite broadcasting	14032
service vendor of tangible personal property and services used	14033
directly and primarily in transmitting, receiving, switching, or	14034
recording any interactive, one- or two-way electromagnetic	14035
communications, including voice, image, data, and information,	14036
through the use of any medium, including, but not limited to,	14037
poles, wires, cables, switching equipment, computers, and record	14038
storage devices and media, and component parts for the tangible	14039
personal property. The exemption provided in this division shall	14040
be in lieu of all other exemptions under division (B)(42)(a) or	14041
(n) of this section to which the vendor may otherwise be entitled,	14042
based upon the use of the thing purchased in providing the	14043
telecommunications, mobile telecommunications, or satellite	14044
broadcasting service.	14045

(35)(a) Sales where the purpose of the consumer is to use or	14046
consume the things transferred in making retail sales and	14047
consisting of newspaper inserts, catalogues, coupons, flyers, gift	14048
certificates, or other advertising material that prices and	14049
describes tangible personal property offered for retail sale.	14050

(b) Sales to direct marketing vendors of preliminary	14051
materials such as photographs, artwork, and typesetting that will	14052
be used in printing advertising material; and of printed matter	14053
that offers free merchandise or chances to win sweepstake prizes	14054
and that is mailed to potential customers with advertising	14055
material described in division (B)(35)(a) of this section;	14056

(c) Sales of equipment such as telephones, computers,	14057
facsimile machines, and similar tangible personal property	14058
primarily used to accept orders for direct marketing retail sales.	14059

(d) Sales of automatic food vending machines that preserve	14060
food with a shelf life of forty-five days or less by refrigeration	14061
and dispense it to the consumer.	14062

For purposes of division (B)(35) of this section, "direct	14063
marketing" means the method of selling where consumers order	14064
tangible personal property by United States mail, delivery	14065
service, or telecommunication and the vendor delivers or ships the	14066
tangible personal property sold to the consumer from a warehouse,	14067
catalogue distribution center, or similar fulfillment facility by	14068
means of the United States mail, delivery service, or common	14069
carrier.	14070

(36) Sales to a person engaged in the business of	14071
horticulture or producing livestock of materials to be	14072
incorporated into a horticulture structure or livestock structure;	14073

(37) Sales of personal computers, computer monitors, computer	14074
keyboards, modems, and other peripheral computer equipment to an	14075
individual who is licensed or certified to teach in an elementary	14076
or a secondary school in this state for use by that individual in	14077
preparation for teaching elementary or secondary school students;	14078

(38) Sales to a professional racing team of any of the	14079
following:	14080

(a) Motor racing vehicles;

14081

(b) Repair services for motor racing vehicles;

14082

(c) Items of property that are attached to or incorporated in	14083
motor racing vehicles, including engines, chassis, and all other	14084
components of the vehicles, and all spare, replacement, and	14085
rebuilt parts or components of the vehicles; except not including	14086
tires, consumable fluids, paint, and accessories consisting of	14087
instrumentation sensors and related items added to the vehicle to	14088
collect and transmit data by means of telemetry and other forms of	14089
communication.	14090

(39) Sales of used manufactured homes and used mobile homes,	14091
as defined in section 5739.0210 of the Revised Code, made on or	14092
after January 1, 2000;	14093

(40) Sales of tangible personal property and services to a	14094
provider of electricity used or consumed directly and primarily in	14095
generating, transmitting, or distributing electricity for use by	14096
others, including property that is or is to be incorporated into	14097
and will become a part of the consumer's production, transmission,	14098
or distribution system and that retains its classification as	14099
tangible personal property after incorporation; fuel or power used	14100
in the production, transmission, or distribution of electricity;	14101
energy conversion equipment as defined in section 5727.01 of the	14102
Revised Code; and tangible personal property and services used in	14103
the repair and maintenance of the production, transmission, or	14104
distribution system, including only those motor vehicles as are	14105
specially designed and equipped for such use. The exemption	14106
provided in this division shall be in lieu of all other exemptions	14107
in division (B)(42)(a) or (n) of this section to which a provider	14108
of electricity may otherwise be entitled based on the use of the	14109
tangible personal property or service purchased in generating,	14110
transmitting, or distributing electricity.	14111

(41) Sales to a person providing services under division	14112
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	14113
personal property and services used directly and primarily in	14114
providing taxable services under that section.	14115

(42) Sales where the purpose of the purchaser is to do any of	14116
the following:	14117

(a) To incorporate the thing transferred as a material or a	14118
part into tangible personal property to be produced for sale by	14119
manufacturing, assembling, processing, or refining; or to use or	14120
consume the thing transferred directly in producing tangible	14121
personal property for sale by mining, including, without	14122
limitation, the extraction from the earth of all substances that	14123
are classed geologically as minerals, production of crude oil and	14124
natural gas, or directly in the rendition of a public utility	14125
service, except that the sales tax levied by this section shall be	14126
collected upon all meals, drinks, and food for human consumption	14127
sold when transporting persons. Persons engaged in rendering	14128
services in the exploration for, and production of, crude oil and	14129
natural gas for others are deemed engaged directly in the	14130
exploration for, and production of, crude oil and natural gas.	14131
This paragraph does not exempt from "retail sale" or "sales at	14132
retail" the sale of tangible personal property that is to be	14133
incorporated into a structure or improvement to real property.	14134

(b) To hold the thing transferred as security for the	14135
performance of an obligation of the vendor;	14136

(c) To resell, hold, use, or consume the thing transferred as	14137
evidence of a contract of insurance;	14138

(d) To use or consume the thing directly in commercial	14139
fishing;	14140

(e) To incorporate the thing transferred as a material or a	14141
part into, or to use or consume the thing transferred directly in	14142
the production of, magazines distributed as controlled circulation	14143
publications;	14144

(f) To use or consume the thing transferred in the production	14145
and preparation in suitable condition for market and sale of	14146
printed, imprinted, overprinted, lithographic, multilithic,	14147
blueprinted, photostatic, or other productions or reproductions of	14148
written or graphic matter;	14149

(g) To use the thing transferred, as described in section	14150
5739.011 of the Revised Code, primarily in a manufacturing	14151
operation to produce tangible personal property for sale;	14152

(h) To use the benefit of a warranty, maintenance or service	14153
contract, or similar agreement, as described in division (B)(7) of	14154
section 5739.01 of the Revised Code, to repair or maintain	14155
tangible personal property, if all of the property that is the	14156
subject of the warranty, contract, or agreement would not be	14157
subject to the tax imposed by this section;	14158

(i) To use the thing transferred as qualified research and	14159
development equipment;	14160

(j) To use or consume the thing transferred primarily in	14161
storing, transporting, mailing, or otherwise handling purchased	14162
sales inventory in a warehouse, distribution center, or similar	14163
facility when the inventory is primarily distributed outside this	14164
state to retail stores of the person who owns or controls the	14165
warehouse, distribution center, or similar facility, to retail	14166
stores of an affiliated group of which that person is a member, or	14167
by means of direct marketing. This division does not apply to	14168
motor vehicles registered for operation on the public highways. As	14169
used in this division, "affiliated group" has the same meaning as	14170
in division (B)(3)(e) of section 5739.01 of the Revised Code and	14171
"direct marketing" has the same meaning as in division (B)(35) of	14172
this section.	14173

(k) To use or consume the thing transferred to fulfill a	14174
contractual obligation incurred by a warrantor pursuant to a	14175
warranty provided as a part of the price of the tangible personal	14176
property sold or by a vendor of a warranty, maintenance or service	14177
contract, or similar agreement the provision of which is defined	14178
as a sale under division (B)(7) of section 5739.01 of the Revised	14179
Code;	14180

(l) To use or consume the thing transferred in the production	14181
of a newspaper for distribution to the public;	14182

(m) To use tangible personal property to perform a service	14183
listed in division (B)(3) of section 5739.01 of the Revised Code,	14184
if the property is or is to be permanently transferred to the	14185
consumer of the service as an integral part of the performance of	14186
the service;	14187

(n) To use or consume the thing transferred primarily in	14188
producing tangible personal property for sale by farming,	14189
agriculture, horticulture, or floriculture. Persons engaged in	14190
rendering farming, agriculture, horticulture, or floriculture	14191
services for others are deemed engaged primarily in farming,	14192
agriculture, horticulture, or floriculture. This paragraph does	14193
not exempt from "retail sale" or "sales at retail" the sale of	14194
tangible personal property that is to be incorporated into a	14195
structure or improvement to real property.	14196

(o) To use or consume the thing transferred in acquiring,	14197
formatting, editing, storing, and disseminating data or	14198
information by electronic publishing.	14199

As used in division (B)(42) of this section, "thing" includes	14200
all transactions included in divisions (B)(3)(a), (b), and (e) of	14201
section 5739.01 of the Revised Code.	14202

(43) Sales conducted through a coin operated device that	14203
activates vacuum equipment or equipment that dispenses water,	14204
whether or not in combination with soap or other cleaning agents	14205
or wax, to the consumer for the consumer's use on the premises in	14206
washing, cleaning, or waxing a motor vehicle, provided no other	14207
personal property or personal service is provided as part of the	14208
transaction.	14209

(44) Sales of replacement and modification parts for engines,	14210
airframes, instruments, and interiors in, and paint for, aircraft	14211
used primarily in a fractional aircraft ownership program, and	14212
sales of services for the repair, modification, and maintenance of	14213
such aircraft, and machinery, equipment, and supplies primarily	14214
used to provide those services.	14215

(45) Sales of telecommunications service that is used	14216
directly and primarily to perform the functions of a call center.	14217
As used in this division, "call center" means any physical	14218
location where telephone calls are placed or received in high	14219
volume for the purpose of making sales, marketing, customer	14220
service, technical support, or other specialized business	14221
activity, and that employs at least fifty individuals that engage	14222
in call center activities on a full-time basis, or sufficient	14223
individuals to fill fifty full-time equivalent positions.	14224

(46) Sales by a telecommunications service vendor of 900	14225
service to a subscriber. This division does not apply to	14226
information services, as defined in division (FF) of section	14227
5739.01 of the Revised Code.	14228

(47) Sales of value-added non-voice data service. This	14229
division does not apply to any similar service that is not	14230
otherwise a telecommunications service.	14231

(48)(a) Sales of machinery, equipment, and software to a	14232
qualified direct selling entity for use in a warehouse or	14233
distribution center primarily for storing, transporting, or	14234
otherwise handling inventory that is held for sale to independent	14235
salespersons who operate as direct sellers and that is held	14236
primarily for distribution outside this state;	14237

(b) As used in division (B)(48)(a) of this section:

14238

(i) "Direct seller" means a person selling consumer products	14239
to individuals for personal or household use and not from a fixed	14240
retail location, including selling such product at in-home product	14241
demonstrations, parties, and other one-on-one selling.	14242

(ii) "Qualified direct selling entity" means an entity	14243
selling to direct sellers at the time the entity enters into a tax	14244
credit agreement with the tax credit authority pursuant to section	14245
122.17 of the Revised Code, provided that the agreement was	14246
entered into on or after January 1, 2007. Neither contingencies	14247
relevant to the granting of, nor later developments with respect	14248
to, the tax credit shall impair the status of the qualified direct	14249
selling entity under division (B)(48) of this section after	14250
execution of the tax credit agreement by the tax credit authority.	14251

(c) Division (B)(48) of this section is limited to machinery,	14252
equipment, and software first stored, used, or consumed in this	14253
state within the period commencing June 24, 2008, and ending on	14254
the date that is five years after that date.	14255

(49) Sales of materials, parts, equipment, or engines used in	14256
the repair or maintenance of aircraft or avionics systems of such	14257
aircraft, and sales of repair, remodeling, replacement, or	14258
maintenance services in this state performed on aircraft or on an	14259
aircraft's avionics, engine, or component materials or parts. As	14260
used in division (B)(49) of this section, "aircraft" means	14261
aircraft of more than six thousand pounds maximum certified	14262
takeoff weight or used exclusively in general aviation.	14263

(50) Sales of full flight simulators that are used for pilot	14264
or flight-crew training, sales of repair or replacement parts or	14265
components, and sales of repair or maintenance services for such	14266
full flight simulators. "Full flight simulator" means a replica of	14267
a specific type, or make, model, and series of aircraft cockpit.	14268
It includes the assemblage of equipment and computer programs	14269
necessary to represent aircraft operations in ground and flight	14270
conditions, a visual system providing an out-of-the-cockpit view,	14271
and a system that provides cues at least equivalent to those of a	14272
three-degree-of-freedom motion system, and has the full range of	14273
capabilities of the systems installed in the device as described	14274
in appendices A and B of part 60 of chapter 1 of title 14 of the	14275
Code of Federal Regulations.	14276

(51) Any transfer or lease of tangible personal property	14277
~~between the state and a successful proposer in accordance with~~	14278
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	14279
~~property is part of a project as defined in section 126.60 of the~~	14280
~~Revised Code and the state retains ownership of the project or~~	14281
~~part thereof that is being transferred or leased,~~ between the	14282
state and JobsOhio in accordance with section 4313.02 of the	14283
Revised Code.	14284

(C) For the purpose of the proper administration of this	14285
chapter, and to prevent the evasion of the tax, it is presumed	14286
that all sales made in this state are subject to the tax until the	14287
contrary is established.	14288

(D) The levy of this tax on retail sales of recreation and	14289
sports club service shall not prevent a municipal corporation from	14290
levying any tax on recreation and sports club dues or on any	14291
income generated by recreation and sports club dues.	14292

(E) The tax collected by the vendor from the consumer under	14293
this chapter is not part of the price, but is a tax collection for	14294
the benefit of the state, and of counties levying an additional	14295
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	14296
Code and of transit authorities levying an additional sales tax	14297
pursuant to section 5739.023 of the Revised Code. Except for the	14298
discount authorized under section 5739.12 of the Revised Code and	14299
the effects of any rounding pursuant to section 5703.055 of the	14300
Revised Code, no person other than the state or such a county or	14301
transit authority shall derive any benefit from the collection or	14302
payment of the tax levied by this section or section 5739.021,	14303
5739.023, or 5739.026 of the Revised Code.	14304

Sec. 5747.01. Except as otherwise expressly provided or	14305
clearly appearing from the context, any term used in this chapter	14306
that is not otherwise defined in this section has the same meaning	14307
as when used in a comparable context in the laws of the United	14308
States relating to federal income taxes or if not used in a	14309
comparable context in those laws, has the same meaning as in	14310
section 5733.40 of the Revised Code. Any reference in this chapter	14311
to the Internal Revenue Code includes other laws of the United	14312
States relating to federal income taxes.	14313

As used in this chapter:

14314

(A) "Adjusted gross income" or "Ohio adjusted gross income"	14315
means federal adjusted gross income, as defined and used in the	14316
Internal Revenue Code, adjusted as provided in this section:	14317

(1) Add interest or dividends on obligations or securities of	14318
any state or of any political subdivision or authority of any	14319
state, other than this state and its subdivisions and authorities.	14320

(2) Add interest or dividends on obligations of any	14321
authority, commission, instrumentality, territory, or possession	14322
of the United States to the extent that the interest or dividends	14323
are exempt from federal income taxes but not from state income	14324
taxes.	14325

(3) Deduct interest or dividends on obligations of the United	14326
States and its territories and possessions or of any authority,	14327
commission, or instrumentality of the United States to the extent	14328
that the interest or dividends are included in federal adjusted	14329
gross income but exempt from state income taxes under the laws of	14330
the United States.	14331

(4) Deduct disability and survivor's benefits to the extent	14332
included in federal adjusted gross income.	14333

(5) Deduct benefits under Title II of the Social Security Act	14334
and tier 1 railroad retirement benefits to the extent included in	14335
federal adjusted gross income under section 86 of the Internal	14336
Revenue Code.	14337

(6) In the case of a taxpayer who is a beneficiary of a trust	14338
that makes an accumulation distribution as defined in section 665	14339
of the Internal Revenue Code, add, for the beneficiary's taxable	14340
years beginning before 2002, the portion, if any, of such	14341
distribution that does not exceed the undistributed net income of	14342
the trust for the three taxable years preceding the taxable year	14343
in which the distribution is made to the extent that the portion	14344
was not included in the trust's taxable income for any of the	14345
trust's taxable years beginning in 2002 or thereafter.	14346
"Undistributed net income of a trust" means the taxable income of	14347
the trust increased by (a)(i) the additions to adjusted gross	14348
income required under division (A) of this section and (ii) the	14349
personal exemptions allowed to the trust pursuant to section	14350
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	14351
deductions to adjusted gross income required under division (A) of	14352
this section, (ii) the amount of federal income taxes attributable	14353
to such income, and (iii) the amount of taxable income that has	14354
been included in the adjusted gross income of a beneficiary by	14355
reason of a prior accumulation distribution. Any undistributed net	14356
income included in the adjusted gross income of a beneficiary	14357
shall reduce the undistributed net income of the trust commencing	14358
with the earliest years of the accumulation period.	14359

(7) Deduct the amount of wages and salaries, if any, not	14360
otherwise allowable as a deduction but that would have been	14361
allowable as a deduction in computing federal adjusted gross	14362
income for the taxable year, had the targeted jobs credit allowed	14363
and determined under sections 38, 51, and 52 of the Internal	14364
Revenue Code not been in effect.	14365

(8) Deduct any interest or interest equivalent on public	14366
obligations and purchase obligations to the extent that the	14367
interest or interest equivalent is included in federal adjusted	14368
gross income.	14369

(9) Add any loss or deduct any gain resulting from the sale,	14370
exchange, or other disposition of public obligations to the extent	14371
that the loss has been deducted or the gain has been included in	14372
computing federal adjusted gross income.	14373

(10) Deduct or add amounts, as provided under section 5747.70	14374
of the Revised Code, related to contributions to variable college	14375
savings program accounts made or tuition units purchased pursuant	14376
to Chapter 3334. of the Revised Code.	14377

(11)(a) Deduct, to the extent not otherwise allowable as a	14378
deduction or exclusion in computing federal or Ohio adjusted gross	14379
income for the taxable year, the amount the taxpayer paid during	14380
the taxable year for medical care insurance and qualified	14381
long-term care insurance for the taxpayer, the taxpayer's spouse,	14382
and dependents. No deduction for medical care insurance under	14383
division (A)(11) of this section shall be allowed either to any	14384
taxpayer who is eligible to participate in any subsidized health	14385
plan maintained by any employer of the taxpayer or of the	14386
taxpayer's spouse, or to any taxpayer who is entitled to, or on	14387
application would be entitled to, benefits under part A of Title	14388
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	14389
301, as amended. For the purposes of division (A)(11)(a) of this	14390
section, "subsidized health plan" means a health plan for which	14391
the employer pays any portion of the plan's cost. The deduction	14392
allowed under division (A)(11)(a) of this section shall be the net	14393
of any related premium refunds, related premium reimbursements, or	14394
related insurance premium dividends received during the taxable	14395
year.	14396

(b) Deduct, to the extent not otherwise deducted or excluded	14397
in computing federal or Ohio adjusted gross income during the	14398
taxable year, the amount the taxpayer paid during the taxable	14399
year, not compensated for by any insurance or otherwise, for	14400
medical care of the taxpayer, the taxpayer's spouse, and	14401
dependents, to the extent the expenses exceed seven and one-half	14402
per cent of the taxpayer's federal adjusted gross income.	14403

(c) Deduct, to the extent not otherwise deducted or excluded	14404
in computing federal or Ohio adjusted gross income, any amount	14405
included in federal adjusted gross income under section 105 or not	14406
excluded under section 106 of the Internal Revenue Code solely	14407
because it relates to an accident and health plan for a person who	14408
otherwise would be a "qualifying relative" and thus a "dependent"	14409
under section 152 of the Internal Revenue Code but for the fact	14410
that the person fails to meet the income and support limitations	14411
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	14412

(d) For purposes of division (A)(11) of this section,	14413
"medical care" has the meaning given in section 213 of the	14414
Internal Revenue Code, subject to the special rules, limitations,	14415
and exclusions set forth therein, and "qualified long-term care"	14416
has the same meaning given in section 7702B(c) of the Internal	14417
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	14418
of this section, "dependent" includes a person who otherwise would	14419
be a "qualifying relative" and thus a "dependent" under section	14420
152 of the Internal Revenue Code but for the fact that the person	14421
fails to meet the income and support limitations under section	14422
152(d)(1)(B) and (C) of the Internal Revenue Code.	14423

(12)(a) Deduct any amount included in federal adjusted gross	14424
income solely because the amount represents a reimbursement or	14425
refund of expenses that in any year the taxpayer had deducted as	14426
an itemized deduction pursuant to section 63 of the Internal	14427
Revenue Code and applicable United States department of the	14428
treasury regulations. The deduction otherwise allowed under	14429
division (A)(12)(a) of this section shall be reduced to the extent	14430
the reimbursement is attributable to an amount the taxpayer	14431
deducted under this section in any taxable year.	14432

(b) Add any amount not otherwise included in Ohio adjusted	14433
gross income for any taxable year to the extent that the amount is	14434
attributable to the recovery during the taxable year of any amount	14435
deducted or excluded in computing federal or Ohio adjusted gross	14436
income in any taxable year.	14437

(13) Deduct any portion of the deduction described in section	14438
1341(a)(2) of the Internal Revenue Code, for repaying previously	14439
reported income received under a claim of right, that meets both	14440
of the following requirements:	14441

(a) It is allowable for repayment of an item that was	14442
included in the taxpayer's adjusted gross income for a prior	14443
taxable year and did not qualify for a credit under division (A)	14444
or (B) of section 5747.05 of the Revised Code for that year;	14445

(b) It does not otherwise reduce the taxpayer's adjusted	14446
gross income for the current or any other taxable year.	14447

(14) Deduct an amount equal to the deposits made to, and net	14448
investment earnings of, a medical savings account during the	14449
taxable year, in accordance with section 3924.66 of the Revised	14450
Code. The deduction allowed by division (A)(14) of this section	14451
does not apply to medical savings account deposits and earnings	14452
otherwise deducted or excluded for the current or any other	14453
taxable year from the taxpayer's federal adjusted gross income.	14454

(15)(a) Add an amount equal to the funds withdrawn from a	14455
medical savings account during the taxable year, and the net	14456
investment earnings on those funds, when the funds withdrawn were	14457
used for any purpose other than to reimburse an account holder	14458
for, or to pay, eligible medical expenses, in accordance with	14459
section 3924.66 of the Revised Code;	14460

(b) Add the amounts distributed from a medical savings	14461
account under division (A)(2) of section 3924.68 of the Revised	14462
Code during the taxable year.	14463

(16) Add any amount claimed as a credit under section	14464
5747.059 or 5747.65 of the Revised Code to the extent that such	14465
amount satisfies either of the following:	14466

(a) The amount was deducted or excluded from the computation	14467
of the taxpayer's federal adjusted gross income as required to be	14468
reported for the taxpayer's taxable year under the Internal	14469
Revenue Code;	14470

(b) The amount resulted in a reduction of the taxpayer's	14471
federal adjusted gross income as required to be reported for any	14472
of the taxpayer's taxable years under the Internal Revenue Code.	14473

(17) Deduct the amount contributed by the taxpayer to an	14474
individual development account program established by a county	14475
department of job and family services pursuant to sections 329.11	14476
to 329.14 of the Revised Code for the purpose of matching funds	14477
deposited by program participants. On request of the tax	14478
commissioner, the taxpayer shall provide any information that, in	14479
the tax commissioner's opinion, is necessary to establish the	14480
amount deducted under division (A)(17) of this section.	14481

(18) Beginning in taxable year 2001 but not for any taxable	14482
year beginning after December 31, 2005, if the taxpayer is married	14483
and files a joint return and the combined federal adjusted gross	14484
income of the taxpayer and the taxpayer's spouse for the taxable	14485
year does not exceed one hundred thousand dollars, or if the	14486
taxpayer is single and has a federal adjusted gross income for the	14487
taxable year not exceeding fifty thousand dollars, deduct amounts	14488
paid during the taxable year for qualified tuition and fees paid	14489
to an eligible institution for the taxpayer, the taxpayer's	14490
spouse, or any dependent of the taxpayer, who is a resident of	14491
this state and is enrolled in or attending a program that	14492
culminates in a degree or diploma at an eligible institution. The	14493
deduction may be claimed only to the extent that qualified tuition	14494
and fees are not otherwise deducted or excluded for any taxable	14495
year from federal or Ohio adjusted gross income. The deduction may	14496
not be claimed for educational expenses for which the taxpayer	14497
claims a credit under section 5747.27 of the Revised Code.	14498

(19) Add any reimbursement received during the taxable year	14499
of any amount the taxpayer deducted under division (A)(18) of this	14500
section in any previous taxable year to the extent the amount is	14501
not otherwise included in Ohio adjusted gross income.	14502

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	14503
(v) of this section, add five-sixths of the amount of depreciation	14504
expense allowed by subsection (k) of section 168 of the Internal	14505
Revenue Code, including the taxpayer's proportionate or	14506
distributive share of the amount of depreciation expense allowed	14507
by that subsection to a pass-through entity in which the taxpayer	14508
has a direct or indirect ownership interest.	14509

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	14510
this section, add five-sixths of the amount of qualifying section	14511
179 depreciation expense, including the taxpayer's proportionate	14512
or distributive share of the amount of qualifying section 179	14513
depreciation expense allowed to any pass-through entity in which	14514
the taxpayer has a direct or indirect ownership interest.	14515

(iii) Subject to division (A)(20)(a)(v) of this section, for	14516
taxable years beginning in 2012 or thereafter, if the increase in	14517
income taxes withheld by the taxpayer is equal to or greater than	14518
ten per cent of income taxes withheld by the taxpayer during the	14519
taxpayer's immediately preceding taxable year, "two-thirds" shall	14520
be substituted for "five-sixths" for the purpose of divisions	14521
(A)(20)(a)(i) and (ii) of this section.	14522

(iv) Subject to division (A)(20)(a)(v) of this section, for	14523
taxable years beginning in 2012 or thereafter, a taxpayer is not	14524
required to add an amount under division (A)(20) of this section	14525
if the increase in income taxes withheld by the taxpayer and by	14526
any pass-through entity in which the taxpayer has a direct or	14527
indirect ownership interest is equal to or greater than the sum of	14528
(I) the amount of qualifying section 179 depreciation expense and	14529
(II) the amount of depreciation expense allowed to the taxpayer by	14530
subsection (k) of section 168 of the Internal Revenue Code, and	14531
including the taxpayer's proportionate or distributive shares of	14532
such amounts allowed to any such pass-through entities.	14533

(v) If a taxpayer directly or indirectly incurs a net	14534
operating loss for the taxable year for federal income tax	14535
purposes, to the extent such loss resulted from depreciation	14536
expense allowed by subsection (k) of section 168 of the Internal	14537
Revenue Code and by qualifying section 179 depreciation expense,	14538
"the entire" shall be substituted for "five-sixths of the" for the	14539
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	14540

The tax commissioner, under procedures established by the	14541
commissioner, may waive the add-backs related to a pass-through	14542
entity if the taxpayer owns, directly or indirectly, less than	14543
five per cent of the pass-through entity.	14544

(b) Nothing in division (A)(20) of this section shall be	14545
construed to adjust or modify the adjusted basis of any asset.	14546

(c) To the extent the add-back required under division	14547
(A)(20)(a) of this section is attributable to property generating	14548
nonbusiness income or loss allocated under section 5747.20 of the	14549
Revised Code, the add-back shall be sitused to the same location	14550
as the nonbusiness income or loss generated by the property for	14551
the purpose of determining the credit under division (A) of	14552
section 5747.05 of the Revised Code. Otherwise, the add-back shall	14553
be apportioned, subject to one or more of the four alternative	14554
methods of apportionment enumerated in section 5747.21 of the	14555
Revised Code.	14556

(d) For the purposes of division (A)(20)(a)(v) of this	14557
section, net operating loss carryback and carryforward shall not	14558
include the allowance of any net operating loss deduction	14559
carryback or carryforward to the taxable year to the extent such	14560
loss resulted from depreciation allowed by section 168(k) of the	14561
Internal Revenue Code and by the qualifying section 179	14562
depreciation expense amount.	14563

(e) For the purposes of divisions (A)(20) and (21) of this	14564
section:	14565

(i) "Income taxes withheld" means the total amount withheld	14566
and remitted under sections 5747.06 and 5747.07 of the Revised	14567
Code by an employer during the employer's taxable year.	14568

(ii) "Increase in income taxes withheld" means the amount by	14569
which the amount of income taxes withheld by an employer during	14570
the employer's current taxable year exceeds the amount of income	14571
taxes withheld by that employer during the employer's immediately	14572
preceding taxable year.	14573

(iii) "Qualifying section 179 depreciation expense" means the	14574
difference between (I) the amount of depreciation expense directly	14575
or indirectly allowed to a taxpayer under section 179 of the	14576
Internal Revised Code, and (II) the amount of depreciation expense	14577
directly or indirectly allowed to the taxpayer under section 179	14578
of the Internal Revenue Code as that section existed on December	14579
31, 2002.	14580

(21)(a) If the taxpayer was required to add an amount under	14581
division (A)(20)(a) of this section for a taxable year, deduct one	14582
of the following:	14583

(i) One-fifth of the amount so added for each of the five	14584
succeeding taxable years if the amount so added was five-sixths of	14585
qualifying section 179 depreciation expense or depreciation	14586
expense allowed by subsection (k) of section 168 of the Internal	14587
Revenue Code;	14588

(ii) One-half of the amount so added for each of the two	14589
succeeding taxable years if the amount so added was two-thirds of	14590
such depreciation expense;	14591

(iii) One-sixth of the amount so added for each of the six	14592
succeeding taxable years if the entire amount of such depreciation	14593
expense was so added.	14594

(b) If the amount deducted under division (A)(21)(a) of this	14595
section is attributable to an add-back allocated under division	14596
(A)(20)(c) of this section, the amount deducted shall be sitused	14597
to the same location. Otherwise, the add-back shall be apportioned	14598
using the apportionment factors for the taxable year in which the	14599
deduction is taken, subject to one or more of the four alternative	14600
methods of apportionment enumerated in section 5747.21 of the	14601
Revised Code.	14602

(c) No deduction is available under division (A)(21)(a) of	14603
this section with regard to any depreciation allowed by section	14604
168(k) of the Internal Revenue Code and by the qualifying section	14605
179 depreciation expense amount to the extent that such	14606
depreciation results in or increases a federal net operating loss	14607
carryback or carryforward. If no such deduction is available for a	14608
taxable year, the taxpayer may carry forward the amount not	14609
deducted in such taxable year to the next taxable year and add	14610
that amount to any deduction otherwise available under division	14611
(A)(21)(a) of this section for that next taxable year. The	14612
carryforward of amounts not so deducted shall continue until the	14613
entire addition required by division (A)(20)(a) of this section	14614
has been deducted.	14615

(d) No refund shall be allowed as a result of adjustments	14616
made by division (A)(21) of this section.	14617

(22) Deduct, to the extent not otherwise deducted or excluded	14618
in computing federal or Ohio adjusted gross income for the taxable	14619
year, the amount the taxpayer received during the taxable year as	14620
reimbursement for life insurance premiums under section 5919.31 of	14621
the Revised Code.	14622

(23) Deduct, to the extent not otherwise deducted or excluded	14623
in computing federal or Ohio adjusted gross income for the taxable	14624
year, the amount the taxpayer received during the taxable year as	14625
a death benefit paid by the adjutant general under section 5919.33	14626
of the Revised Code.	14627

(24) Deduct, to the extent included in federal adjusted gross	14628
income and not otherwise allowable as a deduction or exclusion in	14629
computing federal or Ohio adjusted gross income for the taxable	14630
year, military pay and allowances received by the taxpayer during	14631
the taxable year for active duty service in the United States	14632
army, air force, navy, marine corps, or coast guard or reserve	14633
components thereof or the national guard. The deduction may not be	14634
claimed for military pay and allowances received by the taxpayer	14635
while the taxpayer is stationed in this state.	14636

(25) Deduct, to the extent not otherwise allowable as a	14637
deduction or exclusion in computing federal or Ohio adjusted gross	14638
income for the taxable year and not otherwise compensated for by	14639
any other source, the amount of qualified organ donation expenses	14640
incurred by the taxpayer during the taxable year, not to exceed	14641
ten thousand dollars. A taxpayer may deduct qualified organ	14642
donation expenses only once for all taxable years beginning with	14643
taxable years beginning in 2007.	14644

For the purposes of division (A)(25) of this section:

14645

(a) "Human organ" means all or any portion of a human liver,	14646
pancreas, kidney, intestine, or lung, and any portion of human	14647
bone marrow.	14648

(b) "Qualified organ donation expenses" means travel	14649
expenses, lodging expenses, and wages and salary forgone by a	14650
taxpayer in connection with the taxpayer's donation, while living,	14651
of one or more of the taxpayer's human organs to another human	14652
being.	14653

(26) Deduct, to the extent not otherwise deducted or excluded	14654
in computing federal or Ohio adjusted gross income for the taxable	14655
year, amounts received by the taxpayer as retired military	14656
personnel pay for service in the United States army, navy, air	14657
force, coast guard, or marine corps or reserve components thereof,	14658
or the national guard, or received by the surviving spouse or	14659
former spouse of such a taxpayer under the survivor benefit plan	14660
on account of such a taxpayer's death. If the taxpayer receives	14661
income on account of retirement paid under the federal civil	14662
service retirement system or federal employees retirement system,	14663
or under any successor retirement program enacted by the congress	14664
of the United States that is established and maintained for	14665
retired employees of the United States government, and such	14666
retirement income is based, in whole or in part, on credit for the	14667
taxpayer's military service, the deduction allowed under this	14668
division shall include only that portion of such retirement income	14669
that is attributable to the taxpayer's military service, to the	14670
extent that portion of such retirement income is otherwise	14671
included in federal adjusted gross income and is not otherwise	14672
deducted under this section. Any amount deducted under division	14673
(A)(26) of this section is not included in a taxpayer's adjusted	14674
gross income for the purposes of section 5747.055 of the Revised	14675
Code. No amount may be deducted under division (A)(26) of this	14676
section on the basis of which a credit was claimed under section	14677
5747.055 of the Revised Code.	14678

(27) Deduct, to the extent not otherwise deducted or excluded	14679
in computing federal or Ohio adjusted gross income for the taxable	14680
year, the amount the taxpayer received during the taxable year	14681
from the military injury relief fund created in section 5101.98 of	14682
the Revised Code.	14683

(28) Deduct, to the extent not otherwise deducted or excluded	14684
in computing federal or Ohio adjusted gross income for the taxable	14685
year, the amount the taxpayer received as a veterans bonus during	14686
the taxable year from the Ohio department of veterans services as	14687
authorized by Section 2r of Article VIII, Ohio Constitution.	14688

(29) Deduct, to the extent not otherwise deducted or excluded	14689
in computing federal or Ohio adjusted gross income for the taxable	14690
year, any loss from wagering transactions that is allowed as an	14691
itemized deduction under section 165 of the Internal Revenue Code	14692
and that the taxpayer deducted in computing federal taxable	14693
income.	14694

(30) Deduct, to the extent not otherwise deducted or excluded	14695
in computing federal or Ohio adjusted gross income for the taxable	14696
year, any income ~~derived from providing public services under a~~	14697
~~contract through a project owned by the state, as described in~~	14698
~~section 126.604 of the Revised Code or~~ derived from a transfer	14699
agreement or from the enterprise transferred under that agreement	14700
under section 4313.02 of the Revised Code.	14701

(31) Deduct, to the extent not otherwise deducted or excluded	14702
in computing federal or Ohio adjusted gross income for the taxable	14703
year, Ohio college opportunity or federal Pell grant amounts	14704
received by the taxpayer or the taxpayer's spouse or dependent	14705
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	14706
1070a, et seq., and used to pay room or board furnished by the	14707
educational institution for which the grant was awarded at the	14708
institution's facilities, including meal plans administered by the	14709
institution. For the purposes of this division, receipt of a grant	14710
includes the distribution of a grant directly to an educational	14711
institution and the crediting of the grant to the enrollee's	14712
account with the institution.	14713

(B) "Business income" means income, including gain or loss,	14714
arising from transactions, activities, and sources in the regular	14715
course of a trade or business and includes income, gain, or loss	14716
from real property, tangible property, and intangible property if	14717
the acquisition, rental, management, and disposition of the	14718
property constitute integral parts of the regular course of a	14719
trade or business operation. "Business income" includes income,	14720
including gain or loss, from a partial or complete liquidation of	14721
a business, including, but not limited to, gain or loss from the	14722
sale or other disposition of goodwill.	14723

(C) "Nonbusiness income" means all income other than business	14724
income and may include, but is not limited to, compensation, rents	14725
and royalties from real or tangible personal property, capital	14726
gains, interest, dividends and distributions, patent or copyright	14727
royalties, or lottery winnings, prizes, and awards.	14728

(D) "Compensation" means any form of remuneration paid to an	14729
employee for personal services.	14730

(E) "Fiduciary" means a guardian, trustee, executor,	14731
administrator, receiver, conservator, or any other person acting	14732
in any fiduciary capacity for any individual, trust, or estate.	14733

(F) "Fiscal year" means an accounting period of twelve months	14734
ending on the last day of any month other than December.	14735

(G) "Individual" means any natural person.

14736

(H) "Internal Revenue Code" means the "Internal Revenue Code	14737
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	14738

(I) "Resident" means any of the following, provided that	14739
division (I)(3) of this section applies only to taxable years of a	14740
trust beginning in 2002 or thereafter:	14741

(1) An individual who is domiciled in this state, subject to	14742
section 5747.24 of the Revised Code;	14743

(2) The estate of a decedent who at the time of death was	14744
domiciled in this state. The domicile tests of section 5747.24 of	14745
the Revised Code are not controlling for purposes of division	14746
(I)(2) of this section.	14747

(3) A trust that, in whole or part, resides in this state. If	14748
only part of a trust resides in this state, the trust is a	14749
resident only with respect to that part.	14750

For the purposes of division (I)(3) of this section:

14751

(a) A trust resides in this state for the trust's current	14752
taxable year to the extent, as described in division (I)(3)(d) of	14753
this section, that the trust consists directly or indirectly, in	14754
whole or in part, of assets, net of any related liabilities, that	14755
were transferred, or caused to be transferred, directly or	14756
indirectly, to the trust by any of the following:	14757

(i) A person, a court, or a governmental entity or	14758
instrumentality on account of the death of a decedent, but only if	14759
the trust is described in division (I)(3)(e)(i) or (ii) of this	14760
section;	14761

(ii) A person who was domiciled in this state for the	14762
purposes of this chapter when the person directly or indirectly	14763
transferred assets to an irrevocable trust, but only if at least	14764
one of the trust's qualifying beneficiaries is domiciled in this	14765
state for the purposes of this chapter during all or some portion	14766
of the trust's current taxable year;	14767

(iii) A person who was domiciled in this state for the	14768
purposes of this chapter when the trust document or instrument or	14769
part of the trust document or instrument became irrevocable, but	14770
only if at least one of the trust's qualifying beneficiaries is a	14771
resident domiciled in this state for the purposes of this chapter	14772
during all or some portion of the trust's current taxable year. If	14773
a trust document or instrument became irrevocable upon the death	14774
of a person who at the time of death was domiciled in this state	14775
for purposes of this chapter, that person is a person described in	14776
division (I)(3)(a)(iii) of this section.	14777

(b) A trust is irrevocable to the extent that the transferor	14778
is not considered to be the owner of the net assets of the trust	14779
under sections 671 to 678 of the Internal Revenue Code.	14780

(c) With respect to a trust other than a charitable lead	14781
trust, "qualifying beneficiary" has the same meaning as "potential	14782
current beneficiary" as defined in section 1361(e)(2) of the	14783
Internal Revenue Code, and with respect to a charitable lead trust	14784
"qualifying beneficiary" is any current, future, or contingent	14785
beneficiary, but with respect to any trust "qualifying	14786
beneficiary" excludes a person or a governmental entity or	14787
instrumentality to any of which a contribution would qualify for	14788
the charitable deduction under section 170 of the Internal Revenue	14789
Code.	14790

(d) For the purposes of division (I)(3)(a) of this section,	14791
the extent to which a trust consists directly or indirectly, in	14792
whole or in part, of assets, net of any related liabilities, that	14793
were transferred directly or indirectly, in whole or part, to the	14794
trust by any of the sources enumerated in that division shall be	14795
ascertained by multiplying the fair market value of the trust's	14796
assets, net of related liabilities, by the qualifying ratio, which	14797
shall be computed as follows:	14798

(i) The first time the trust receives assets, the numerator	14799
of the qualifying ratio is the fair market value of those assets	14800
at that time, net of any related liabilities, from sources	14801
enumerated in division (I)(3)(a) of this section. The denominator	14802
of the qualifying ratio is the fair market value of all the	14803
trust's assets at that time, net of any related liabilities.	14804

(ii) Each subsequent time the trust receives assets, a	14805
revised qualifying ratio shall be computed. The numerator of the	14806
revised qualifying ratio is the sum of (1) the fair market value	14807
of the trust's assets immediately prior to the subsequent	14808
transfer, net of any related liabilities, multiplied by the	14809
qualifying ratio last computed without regard to the subsequent	14810
transfer, and (2) the fair market value of the subsequently	14811
transferred assets at the time transferred, net of any related	14812
liabilities, from sources enumerated in division (I)(3)(a) of this	14813
section. The denominator of the revised qualifying ratio is the	14814
fair market value of all the trust's assets immediately after the	14815
subsequent transfer, net of any related liabilities.	14816

(iii) Whether a transfer to the trust is by or from any of	14817
the sources enumerated in division (I)(3)(a) of this section shall	14818
be ascertained without regard to the domicile of the trust's	14819
beneficiaries.	14820

(e) For the purposes of division (I)(3)(a)(i) of this	14821
section:	14822

(i) A trust is described in division (I)(3)(e)(i) of this	14823
section if the trust is a testamentary trust and the testator of	14824
that testamentary trust was domiciled in this state at the time of	14825
the testator's death for purposes of the taxes levied under	14826
Chapter 5731. of the Revised Code.	14827

(ii) A trust is described in division (I)(3)(e)(ii) of this	14828
section if the transfer is a qualifying transfer described in any	14829
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	14830
irrevocable inter vivos trust, and at least one of the trust's	14831
qualifying beneficiaries is domiciled in this state for purposes	14832
of this chapter during all or some portion of the trust's current	14833
taxable year.	14834

(f) For the purposes of division (I)(3)(e)(ii) of this	14835
section, a "qualifying transfer" is a transfer of assets, net of	14836
any related liabilities, directly or indirectly to a trust, if the	14837
transfer is described in any of the following:	14838

(i) The transfer is made to a trust, created by the decedent	14839
before the decedent's death and while the decedent was domiciled	14840
in this state for the purposes of this chapter, and, prior to the	14841
death of the decedent, the trust became irrevocable while the	14842
decedent was domiciled in this state for the purposes of this	14843
chapter.	14844

(ii) The transfer is made to a trust to which the decedent,	14845
prior to the decedent's death, had directly or indirectly	14846
transferred assets, net of any related liabilities, while the	14847
decedent was domiciled in this state for the purposes of this	14848
chapter, and prior to the death of the decedent the trust became	14849
irrevocable while the decedent was domiciled in this state for the	14850
purposes of this chapter.	14851

(iii) The transfer is made on account of a contractual	14852
relationship existing directly or indirectly between the	14853
transferor and either the decedent or the estate of the decedent	14854
at any time prior to the date of the decedent's death, and the	14855
decedent was domiciled in this state at the time of death for	14856
purposes of the taxes levied under Chapter 5731. of the Revised	14857
Code.	14858

(iv) The transfer is made to a trust on account of a	14859
contractual relationship existing directly or indirectly between	14860
the transferor and another person who at the time of the	14861
decedent's death was domiciled in this state for purposes of this	14862
chapter.	14863

(v) The transfer is made to a trust on account of the will of	14864
a testator who was domiciled in this state at the time of the	14865
testator's death for purposes of the taxes levied under Chapter	14866
5731. of the Revised Code.	14867

(vi) The transfer is made to a trust created by or caused to	14868
be created by a court, and the trust was directly or indirectly	14869
created in connection with or as a result of the death of an	14870
individual who, for purposes of the taxes levied under Chapter	14871
5731. of the Revised Code, was domiciled in this state at the time	14872
of the individual's death.	14873

(g) The tax commissioner may adopt rules to ascertain the	14874
part of a trust residing in this state.	14875

(J) "Nonresident" means an individual or estate that is not a	14876
resident. An individual who is a resident for only part of a	14877
taxable year is a nonresident for the remainder of that taxable	14878
year.	14879

(K) "Pass-through entity" has the same meaning as in section	14880
5733.04 of the Revised Code.	14881

(L) "Return" means the notifications and reports required to	14882
be filed pursuant to this chapter for the purpose of reporting the	14883
tax due and includes declarations of estimated tax when so	14884
required.	14885

(M) "Taxable year" means the calendar year or the taxpayer's	14886
fiscal year ending during the calendar year, or fractional part	14887
thereof, upon which the adjusted gross income is calculated	14888
pursuant to this chapter.	14889

(N) "Taxpayer" means any person subject to the tax imposed by	14890
section 5747.02 of the Revised Code or any pass-through entity	14891
that makes the election under division (D) of section 5747.08 of	14892
the Revised Code.	14893

(O) "Dependents" means dependents as defined in the Internal	14894
Revenue Code and as claimed in the taxpayer's federal income tax	14895
return for the taxable year or which the taxpayer would have been	14896
permitted to claim had the taxpayer filed a federal income tax	14897
return.	14898

(P) "Principal county of employment" means, in the case of a	14899
nonresident, the county within the state in which a taxpayer	14900
performs services for an employer or, if those services are	14901
performed in more than one county, the county in which the major	14902
portion of the services are performed.	14903

(Q) As used in sections 5747.50 to 5747.55 of the Revised	14904
Code:	14905

(1) "Subdivision" means any county, municipal corporation,	14906
park district, or township.	14907

(2) "Essential local government purposes" includes all	14908
functions that any subdivision is required by general law to	14909
exercise, including like functions that are exercised under a	14910
charter adopted pursuant to the Ohio Constitution.	14911

(R) "Overpayment" means any amount already paid that exceeds	14912
the figure determined to be the correct amount of the tax.	14913

(S) "Taxable income" or "Ohio taxable income" applies only to	14914
estates and trusts, and means federal taxable income, as defined	14915
and used in the Internal Revenue Code, adjusted as follows:	14916

(1) Add interest or dividends, net of ordinary, necessary,	14917
and reasonable expenses not deducted in computing federal taxable	14918
income, on obligations or securities of any state or of any	14919
political subdivision or authority of any state, other than this	14920
state and its subdivisions and authorities, but only to the extent	14921
that such net amount is not otherwise includible in Ohio taxable	14922
income and is described in either division (S)(1)(a) or (b) of	14923
this section:	14924

(a) The net amount is not attributable to the S portion of an	14925
electing small business trust and has not been distributed to	14926
beneficiaries for the taxable year;	14927

(b) The net amount is attributable to the S portion of an	14928
electing small business trust for the taxable year.	14929

(2) Add interest or dividends, net of ordinary, necessary,	14930
and reasonable expenses not deducted in computing federal taxable	14931
income, on obligations of any authority, commission,	14932
instrumentality, territory, or possession of the United States to	14933
the extent that the interest or dividends are exempt from federal	14934
income taxes but not from state income taxes, but only to the	14935
extent that such net amount is not otherwise includible in Ohio	14936
taxable income and is described in either division (S)(1)(a) or	14937
(b) of this section;	14938

(3) Add the amount of personal exemption allowed to the	14939
estate pursuant to section 642(b) of the Internal Revenue Code;	14940

(4) Deduct interest or dividends, net of related expenses	14941
deducted in computing federal taxable income, on obligations of	14942
the United States and its territories and possessions or of any	14943
authority, commission, or instrumentality of the United States to	14944
the extent that the interest or dividends are exempt from state	14945
taxes under the laws of the United States, but only to the extent	14946
that such amount is included in federal taxable income and is	14947
described in either division (S)(1)(a) or (b) of this section;	14948

(5) Deduct the amount of wages and salaries, if any, not	14949
otherwise allowable as a deduction but that would have been	14950
allowable as a deduction in computing federal taxable income for	14951
the taxable year, had the targeted jobs credit allowed under	14952
sections 38, 51, and 52 of the Internal Revenue Code not been in	14953
effect, but only to the extent such amount relates either to	14954
income included in federal taxable income for the taxable year or	14955
to income of the S portion of an electing small business trust for	14956
the taxable year;	14957

(6) Deduct any interest or interest equivalent, net of	14958
related expenses deducted in computing federal taxable income, on	14959
public obligations and purchase obligations, but only to the	14960
extent that such net amount relates either to income included in	14961
federal taxable income for the taxable year or to income of the S	14962
portion of an electing small business trust for the taxable year;	14963

(7) Add any loss or deduct any gain resulting from sale,	14964
exchange, or other disposition of public obligations to the extent	14965
that such loss has been deducted or such gain has been included in	14966
computing either federal taxable income or income of the S portion	14967
of an electing small business trust for the taxable year;	14968

(8) Except in the case of the final return of an estate, add	14969
any amount deducted by the taxpayer on both its Ohio estate tax	14970
return pursuant to section 5731.14 of the Revised Code, and on its	14971
federal income tax return in determining federal taxable income;	14972

(9)(a) Deduct any amount included in federal taxable income	14973
solely because the amount represents a reimbursement or refund of	14974
expenses that in a previous year the decedent had deducted as an	14975
itemized deduction pursuant to section 63 of the Internal Revenue	14976
Code and applicable treasury regulations. The deduction otherwise	14977
allowed under division (S)(9)(a) of this section shall be reduced	14978
to the extent the reimbursement is attributable to an amount the	14979
taxpayer or decedent deducted under this section in any taxable	14980
year.	14981

(b) Add any amount not otherwise included in Ohio taxable	14982
income for any taxable year to the extent that the amount is	14983
attributable to the recovery during the taxable year of any amount	14984
deducted or excluded in computing federal or Ohio taxable income	14985
in any taxable year, but only to the extent such amount has not	14986
been distributed to beneficiaries for the taxable year.	14987

(10) Deduct any portion of the deduction described in section	14988
1341(a)(2) of the Internal Revenue Code, for repaying previously	14989
reported income received under a claim of right, that meets both	14990
of the following requirements:	14991

(a) It is allowable for repayment of an item that was	14992
included in the taxpayer's taxable income or the decedent's	14993
adjusted gross income for a prior taxable year and did not qualify	14994
for a credit under division (A) or (B) of section 5747.05 of the	14995
Revised Code for that year.	14996

(b) It does not otherwise reduce the taxpayer's taxable	14997
income or the decedent's adjusted gross income for the current or	14998
any other taxable year.	14999

(11) Add any amount claimed as a credit under section	15000
5747.059 or 5747.65 of the Revised Code to the extent that the	15001
amount satisfies either of the following:	15002

(a) The amount was deducted or excluded from the computation	15003
of the taxpayer's federal taxable income as required to be	15004
reported for the taxpayer's taxable year under the Internal	15005
Revenue Code;	15006

(b) The amount resulted in a reduction in the taxpayer's	15007
federal taxable income as required to be reported for any of the	15008
taxpayer's taxable years under the Internal Revenue Code.	15009

(12) Deduct any amount, net of related expenses deducted in	15010
computing federal taxable income, that a trust is required to	15011
report as farm income on its federal income tax return, but only	15012
if the assets of the trust include at least ten acres of land	15013
satisfying the definition of "land devoted exclusively to	15014
agricultural use" under section 5713.30 of the Revised Code,	15015
regardless of whether the land is valued for tax purposes as such	15016
land under sections 5713.30 to 5713.38 of the Revised Code. If the	15017
trust is a pass-through entity investor, section 5747.231 of the	15018
Revised Code applies in ascertaining if the trust is eligible to	15019
claim the deduction provided by division (S)(12) of this section	15020
in connection with the pass-through entity's farm income.	15021

Except for farm income attributable to the S portion of an	15022
electing small business trust, the deduction provided by division	15023
(S)(12) of this section is allowed only to the extent that the	15024
trust has not distributed such farm income. Division (S)(12) of	15025
this section applies only to taxable years of a trust beginning in	15026
2002 or thereafter.	15027

(13) Add the net amount of income described in section 641(c)	15028
of the Internal Revenue Code to the extent that amount is not	15029
included in federal taxable income.	15030

(14) Add or deduct the amount the taxpayer would be required	15031
to add or deduct under division (A)(20) or (21) of this section if	15032
the taxpayer's Ohio taxable income were computed in the same	15033
manner as an individual's Ohio adjusted gross income is computed	15034
under this section. In the case of a trust, division (S)(14) of	15035
this section applies only to any of the trust's taxable years	15036
beginning in 2002 or thereafter.	15037

(T) "School district income" and "school district income tax"	15038
have the same meanings as in section 5748.01 of the Revised Code.	15039

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	15040
of this section, "public obligations," "purchase obligations," and	15041
"interest or interest equivalent" have the same meanings as in	15042
section 5709.76 of the Revised Code.	15043

(V) "Limited liability company" means any limited liability	15044
company formed under Chapter 1705. of the Revised Code or under	15045
the laws of any other state.	15046

(W) "Pass-through entity investor" means any person who,	15047
during any portion of a taxable year of a pass-through entity, is	15048
a partner, member, shareholder, or equity investor in that	15049
pass-through entity.	15050

(X) "Banking day" has the same meaning as in section 1304.01	15051
of the Revised Code.	15052

(Y) "Month" means a calendar month.

15053

(Z) "Quarter" means the first three months, the second three	15054
months, the third three months, or the last three months of the	15055
taxpayer's taxable year.	15056

(AA)(1) "Eligible institution" means a state university or	15057
state institution of higher education as defined in section	15058
3345.011 of the Revised Code, or a private, nonprofit college,	15059
university, or other post-secondary institution located in this	15060
state that possesses a certificate of authorization issued by the	15061
Ohio board of regents pursuant to Chapter 1713. of the Revised	15062
Code or a certificate of registration issued by the state board of	15063
career colleges and schools under Chapter 3332. of the Revised	15064
Code.	15065

(2) "Qualified tuition and fees" means tuition and fees	15066
imposed by an eligible institution as a condition of enrollment or	15067
attendance, not exceeding two thousand five hundred dollars in	15068
each of the individual's first two years of post-secondary	15069
education. If the individual is a part-time student, "qualified	15070
tuition and fees" includes tuition and fees paid for the academic	15071
equivalent of the first two years of post-secondary education	15072
during a maximum of five taxable years, not exceeding a total of	15073
five thousand dollars. "Qualified tuition and fees" does not	15074
include:	15075

(a) Expenses for any course or activity involving sports,	15076
games, or hobbies unless the course or activity is part of the	15077
individual's degree or diploma program;	15078

(b) The cost of books, room and board, student activity fees,	15079
athletic fees, insurance expenses, or other expenses unrelated to	15080
the individual's academic course of instruction;	15081

(c) Tuition, fees, or other expenses paid or reimbursed	15082
through an employer, scholarship, grant in aid, or other	15083
educational benefit program.	15084

(BB)(1) "Modified business income" means the business income	15085
included in a trust's Ohio taxable income after such taxable	15086
income is first reduced by the qualifying trust amount, if any.	15087

(2) "Qualifying trust amount" of a trust means capital gains	15088
and losses from the sale, exchange, or other disposition of equity	15089
or ownership interests in, or debt obligations of, a qualifying	15090
investee to the extent included in the trust's Ohio taxable	15091
income, but only if the following requirements are satisfied:	15092

(a) The book value of the qualifying investee's physical	15093
assets in this state and everywhere, as of the last day of the	15094
qualifying investee's fiscal or calendar year ending immediately	15095
prior to the date on which the trust recognizes the gain or loss,	15096
is available to the trust.	15097

(b) The requirements of section 5747.011 of the Revised Code	15098
are satisfied for the trust's taxable year in which the trust	15099
recognizes the gain or loss.	15100

Any gain or loss that is not a qualifying trust amount is	15101
modified business income, qualifying investment income, or	15102
modified nonbusiness income, as the case may be.	15103

(3) "Modified nonbusiness income" means a trust's Ohio	15104
taxable income other than modified business income, other than the	15105
qualifying trust amount, and other than qualifying investment	15106
income, as defined in section 5747.012 of the Revised Code, to the	15107
extent such qualifying investment income is not otherwise part of	15108
modified business income.	15109

(4) "Modified Ohio taxable income" applies only to trusts,	15110
and means the sum of the amounts described in divisions (BB)(4)(a)	15111
to (c) of this section:	15112

(a) The fraction, calculated under section 5747.013, and	15113
applying section 5747.231 of the Revised Code, multiplied by the	15114
sum of the following amounts:	15115

(i) The trust's modified business income;

15116

(ii) The trust's qualifying investment income, as defined in	15117
section 5747.012 of the Revised Code, but only to the extent the	15118
qualifying investment income does not otherwise constitute	15119
modified business income and does not otherwise constitute a	15120
qualifying trust amount.	15121

(b) The qualifying trust amount multiplied by a fraction, the	15122
numerator of which is the sum of the book value of the qualifying	15123
investee's physical assets in this state on the last day of the	15124
qualifying investee's fiscal or calendar year ending immediately	15125
prior to the day on which the trust recognizes the qualifying	15126
trust amount, and the denominator of which is the sum of the book	15127
value of the qualifying investee's total physical assets	15128
everywhere on the last day of the qualifying investee's fiscal or	15129
calendar year ending immediately prior to the day on which the	15130
trust recognizes the qualifying trust amount. If, for a taxable	15131
year, the trust recognizes a qualifying trust amount with respect	15132
to more than one qualifying investee, the amount described in	15133
division (BB)(4)(b) of this section shall equal the sum of the	15134
products so computed for each such qualifying investee.	15135

(c)(i) With respect to a trust or portion of a trust that is	15136
a resident as ascertained in accordance with division (I)(3)(d) of	15137
this section, its modified nonbusiness income.	15138

(ii) With respect to a trust or portion of a trust that is	15139
not a resident as ascertained in accordance with division	15140
(I)(3)(d) of this section, the amount of its modified nonbusiness	15141
income satisfying the descriptions in divisions (B)(2) to (5) of	15142
section 5747.20 of the Revised Code, except as otherwise provided	15143
in division (BB)(4)(c)(ii) of this section. With respect to a	15144
trust or portion of a trust that is not a resident as ascertained	15145
in accordance with division (I)(3)(d) of this section, the trust's	15146
portion of modified nonbusiness income recognized from the sale,	15147
exchange, or other disposition of a debt interest in or equity	15148
interest in a section 5747.212 entity, as defined in section	15149
5747.212 of the Revised Code, without regard to division (A) of	15150
that section, shall not be allocated to this state in accordance	15151
with section 5747.20 of the Revised Code but shall be apportioned	15152
to this state in accordance with division (B) of section 5747.212	15153
of the Revised Code without regard to division (A) of that	15154
section.	15155

If the allocation and apportionment of a trust's income under	15156
divisions (BB)(4)(a) and (c) of this section do not fairly	15157
represent the modified Ohio taxable income of the trust in this	15158
state, the alternative methods described in division (C) of	15159
section 5747.21 of the Revised Code may be applied in the manner	15160
and to the same extent provided in that section.	15161

(5)(a) Except as set forth in division (BB)(5)(b) of this	15162
section, "qualifying investee" means a person in which a trust has	15163
an equity or ownership interest, or a person or unit of government	15164
the debt obligations of either of which are owned by a trust. For	15165
the purposes of division (BB)(2)(a) of this section and for the	15166
purpose of computing the fraction described in division (BB)(4)(b)	15167
of this section, all of the following apply:	15168

(i) If the qualifying investee is a member of a qualifying	15169
controlled group on the last day of the qualifying investee's	15170
fiscal or calendar year ending immediately prior to the date on	15171
which the trust recognizes the gain or loss, then "qualifying	15172
investee" includes all persons in the qualifying controlled group	15173
on such last day.	15174

(ii) If the qualifying investee, or if the qualifying	15175
investee and any members of the qualifying controlled group of	15176
which the qualifying investee is a member on the last day of the	15177
qualifying investee's fiscal or calendar year ending immediately	15178
prior to the date on which the trust recognizes the gain or loss,	15179
separately or cumulatively own, directly or indirectly, on the	15180
last day of the qualifying investee's fiscal or calendar year	15181
ending immediately prior to the date on which the trust recognizes	15182
the qualifying trust amount, more than fifty per cent of the	15183
equity of a pass-through entity, then the qualifying investee and	15184
the other members are deemed to own the proportionate share of the	15185
pass-through entity's physical assets which the pass-through	15186
entity directly or indirectly owns on the last day of the	15187
pass-through entity's calendar or fiscal year ending within or	15188
with the last day of the qualifying investee's fiscal or calendar	15189
year ending immediately prior to the date on which the trust	15190
recognizes the qualifying trust amount.	15191

(iii) For the purposes of division (BB)(5)(a)(iii) of this	15192
section, "upper level pass-through entity" means a pass-through	15193
entity directly or indirectly owning any equity of another	15194
pass-through entity, and "lower level pass-through entity" means	15195
that other pass-through entity.	15196

An upper level pass-through entity, whether or not it is also	15197
a qualifying investee, is deemed to own, on the last day of the	15198
upper level pass-through entity's calendar or fiscal year, the	15199
proportionate share of the lower level pass-through entity's	15200
physical assets that the lower level pass-through entity directly	15201
or indirectly owns on the last day of the lower level pass-through	15202
entity's calendar or fiscal year ending within or with the last	15203
day of the upper level pass-through entity's fiscal or calendar	15204
year. If the upper level pass-through entity directly and	15205
indirectly owns less than fifty per cent of the equity of the	15206
lower level pass-through entity on each day of the upper level	15207
pass-through entity's calendar or fiscal year in which or with	15208
which ends the calendar or fiscal year of the lower level	15209
pass-through entity and if, based upon clear and convincing	15210
evidence, complete information about the location and cost of the	15211
physical assets of the lower pass-through entity is not available	15212
to the upper level pass-through entity, then solely for purposes	15213
of ascertaining if a gain or loss constitutes a qualifying trust	15214
amount, the upper level pass-through entity shall be deemed as	15215
owning no equity of the lower level pass-through entity for each	15216
day during the upper level pass-through entity's calendar or	15217
fiscal year in which or with which ends the lower level	15218
pass-through entity's calendar or fiscal year. Nothing in division	15219
(BB)(5)(a)(iii) of this section shall be construed to provide for	15220
any deduction or exclusion in computing any trust's Ohio taxable	15221
income.	15222

(b) With respect to a trust that is not a resident for the	15223
taxable year and with respect to a part of a trust that is not a	15224
resident for the taxable year, "qualifying investee" for that	15225
taxable year does not include a C corporation if both of the	15226
following apply:	15227

(i) During the taxable year the trust or part of the trust	15228
recognizes a gain or loss from the sale, exchange, or other	15229
disposition of equity or ownership interests in, or debt	15230
obligations of, the C corporation.	15231

(ii) Such gain or loss constitutes nonbusiness income.

15232

(6) "Available" means information is such that a person is	15233
able to learn of the information by the due date plus extensions,	15234
if any, for filing the return for the taxable year in which the	15235
trust recognizes the gain or loss.	15236

(CC) "Qualifying controlled group" has the same meaning as in	15237
section 5733.04 of the Revised Code.	15238

(DD) "Related member" has the same meaning as in section	15239
5733.042 of the Revised Code.	15240

(EE)(1) For the purposes of division (EE) of this section:

15241

(a) "Qualifying person" means any person other than a	15242
qualifying corporation.	15243

(b) "Qualifying corporation" means any person classified for	15244
federal income tax purposes as an association taxable as a	15245
corporation, except either of the following:	15246

(i) A corporation that has made an election under subchapter	15247
S, chapter one, subtitle A, of the Internal Revenue Code for its	15248
taxable year ending within, or on the last day of, the investor's	15249
taxable year;	15250

(ii) A subsidiary that is wholly owned by any corporation	15251
that has made an election under subchapter S, chapter one,	15252
subtitle A of the Internal Revenue Code for its taxable year	15253
ending within, or on the last day of, the investor's taxable year.	15254

(2) For the purposes of this chapter, unless expressly stated	15255
otherwise, no qualifying person indirectly owns any asset directly	15256
or indirectly owned by any qualifying corporation.	15257

(FF) For purposes of this chapter and Chapter 5751. of the	15258
Revised Code:	15259

(1) "Trust" does not include a qualified pre-income tax	15260
trust.	15261

(2) A "qualified pre-income tax trust" is any pre-income tax	15262
trust that makes a qualifying pre-income tax trust election as	15263
described in division (FF)(3) of this section.	15264

(3) A "qualifying pre-income tax trust election" is an	15265
election by a pre-income tax trust to subject to the tax imposed	15266
by section 5751.02 of the Revised Code the pre-income tax trust	15267
and all pass-through entities of which the trust owns or controls,	15268
directly, indirectly, or constructively through related interests,	15269
five per cent or more of the ownership or equity interests. The	15270
trustee shall notify the tax commissioner in writing of the	15271
election on or before April 15, 2006. The election, if timely	15272
made, shall be effective on and after January 1, 2006, and shall	15273
apply for all tax periods and tax years until revoked by the	15274
trustee of the trust.	15275

(4) A "pre-income tax trust" is a trust that satisfies all of	15276
the following requirements:	15277

(a) The document or instrument creating the trust was	15278
executed by the grantor before January 1, 1972;	15279

(b) The trust became irrevocable upon the creation of the	15280
trust; and	15281

(c) The grantor was domiciled in this state at the time the	15282
trust was created.	15283

Sec. 5751.01. As used in this chapter:

15284

(A) "Person" means, but is not limited to, individuals,	15285
combinations of individuals of any form, receivers, assignees,	15286
trustees in bankruptcy, firms, companies, joint-stock companies,	15287
business trusts, estates, partnerships, limited liability	15288
partnerships, limited liability companies, associations, joint	15289
ventures, clubs, societies, for-profit corporations, S	15290
corporations, qualified subchapter S subsidiaries, qualified	15291
subchapter S trusts, trusts, entities that are disregarded for	15292
federal income tax purposes, and any other entities.	15293

(B) "Consolidated elected taxpayer" means a group of two or	15294
more persons treated as a single taxpayer for purposes of this	15295
chapter as the result of an election made under section 5751.011	15296
of the Revised Code.	15297

(C) "Combined taxpayer" means a group of two or more persons	15298
treated as a single taxpayer for purposes of this chapter under	15299
section 5751.012 of the Revised Code.	15300

(D) "Taxpayer" means any person, or any group of persons in	15301
the case of a consolidated elected taxpayer or combined taxpayer	15302
treated as one taxpayer, required to register or pay tax under	15303
this chapter. "Taxpayer" does not include excluded persons.	15304

(E) "Excluded person" means any of the following:

15305

(1) Any person with not more than one hundred fifty thousand	15306
dollars of taxable gross receipts during the calendar year.	15307
Division (E)(1) of this section does not apply to a person that is	15308
a member of a consolidated elected taxpayer;	15309

(2) A public utility that paid the excise tax imposed by	15310
section 5727.24 or 5727.30 of the Revised Code based on one or	15311
more measurement periods that include the entire tax period under	15312
this chapter, except that a public utility that is a combined	15313
company is a taxpayer with regard to the following gross receipts:	15314

(a) Taxable gross receipts directly attributed to a public	15315
utility activity, but not directly attributed to an activity that	15316
is subject to the excise tax imposed by section 5727.24 or 5727.30	15317
of the Revised Code;	15318

(b) Taxable gross receipts that cannot be directly attributed	15319
to any activity, multiplied by a fraction whose numerator is the	15320
taxable gross receipts described in division (E)(2)(a) of this	15321
section and whose denominator is the total taxable gross receipts	15322
that can be directly attributed to any activity;	15323

(c) Except for any differences resulting from the use of an	15324
accrual basis method of accounting for purposes of determining	15325
gross receipts under this chapter and the use of the cash basis	15326
method of accounting for purposes of determining gross receipts	15327
under section 5727.24 of the Revised Code, the gross receipts	15328
directly attributed to the activity of a natural gas company shall	15329
be determined in a manner consistent with division (D) of section	15330
5727.03 of the Revised Code.	15331

As used in division (E)(2) of this section, "combined	15332
company" and "public utility" have the same meanings as in section	15333
5727.01 of the Revised Code.	15334

(3) A financial institution, as defined in section 5726.01 of	15335
the Revised Code, that paid the tax imposed by section 5726.02 of	15336
the Revised Code based on one or more taxable years that include	15337
the entire tax period under this chapter;	15338

(4) A person directly or indirectly owned by one or more	15339
financial institutions, as defined in section 5726.01 of the	15340
Revised Code, that paid the tax imposed by section 5726.02 of the	15341
Revised Code based on one or more taxable years that include the	15342
entire tax period under this chapter.	15343

For the purposes of division (E)(4) of this section, a person	15344
owns another person under the following circumstances:	15345

(a) In the case of corporations issuing capital stock, one	15346
corporation owns another corporation if it owns fifty per cent or	15347
more of the other corporation's capital stock with current voting	15348
rights;	15349

(b) In the case of a limited liability company, one person	15350
owns the company if that person's membership interest, as defined	15351
in section 1705.01 of the Revised Code, is fifty per cent or more	15352
of the combined membership interests of all persons owning such	15353
interests in the company;	15354

(c) In the case of a partnership, trust, or other	15355
unincorporated business organization other than a limited	15356
liability company, one person owns the organization if, under the	15357
articles of organization or other instrument governing the affairs	15358
of the organization, that person has a beneficial interest in the	15359
organization's profits, surpluses, losses, or distributions of	15360
fifty per cent or more of the combined beneficial interests of all	15361
persons having such an interest in the organization.	15362

(5) A domestic insurance company or foreign insurance	15363
company, as defined in section 5725.01 of the Revised Code, that	15364
paid the insurance company premiums tax imposed by section 5725.18	15365
or Chapter 5729. of the Revised Code, or an unauthorized insurance	15366
company whose gross premiums are subject to tax under section	15367
3905.36 of the Revised Code based on one or more measurement	15368
periods that include the entire tax period under this chapter;	15369

(6) A person that solely facilitates or services one or more	15370
securitizations of phase-in-recovery property pursuant to a final	15371
financing order as those terms are defined in section 4928.23 of	15372
the Revised Code. For purposes of this division, "securitization"	15373
means transferring one or more assets to one or more persons and	15374
then issuing securities backed by the right to receive payment	15375
from the asset or assets so transferred.	15376

(7) Except as otherwise provided in this division, a	15377
pre-income tax trust as defined in division (FF)(4) of section	15378
5747.01 of the Revised Code and any pass-through entity of which	15379
such pre-income tax trust owns or controls, directly, indirectly,	15380
or constructively through related interests, more than five per	15381
cent of the ownership or equity interests. If the pre-income tax	15382
trust has made a qualifying pre-income tax trust election under	15383
division (FF)(3) of section 5747.01 of the Revised Code, then the	15384
trust and the pass-through entities of which it owns or controls,	15385
directly, indirectly, or constructively through related interests,	15386
more than five per cent of the ownership or equity interests,	15387
shall not be excluded persons for purposes of the tax imposed	15388
under section 5751.02 of the Revised Code.	15389

(8) Nonprofit organizations or the state and its agencies,	15390
instrumentalities, or political subdivisions.	15391

(F) Except as otherwise provided in divisions (F)(2), (3),	15392
and (4) of this section, "gross receipts" means the total amount	15393
realized by a person, without deduction for the cost of goods sold	15394
or other expenses incurred, that contributes to the production of	15395
gross income of the person, including the fair market value of any	15396
property and any services received, and any debt transferred or	15397
forgiven as consideration.	15398

(1) The following are examples of gross receipts:

15399

(a) Amounts realized from the sale, exchange, or other	15400
disposition of the taxpayer's property to or with another;	15401

(b) Amounts realized from the taxpayer's performance of	15402
services for another;	15403

(c) Amounts realized from another's use or possession of the	15404
taxpayer's property or capital;	15405

(d) Any combination of the foregoing amounts.

15406

(2) "Gross receipts" excludes the following amounts:

15407

(a) Interest income except interest on credit sales;

15408

(b) Dividends and distributions from corporations, and	15409
distributive or proportionate shares of receipts and income from a	15410
pass-through entity as defined under section 5733.04 of the	15411
Revised Code;	15412

(c) Receipts from the sale, exchange, or other disposition of	15413
an asset described in section 1221 or 1231 of the Internal Revenue	15414
Code, without regard to the length of time the person held the	15415
asset. Notwithstanding section 1221 of the Internal Revenue Code,	15416
receipts from hedging transactions also are excluded to the extent	15417
the transactions are entered into primarily to protect a financial	15418
position, such as managing the risk of exposure to (i) foreign	15419
currency fluctuations that affect assets, liabilities, profits,	15420
losses, equity, or investments in foreign operations; (ii)	15421
interest rate fluctuations; or (iii) commodity price fluctuations.	15422
As used in division (F)(2)(c) of this section, "hedging	15423
transaction" has the same meaning as used in section 1221 of the	15424
Internal Revenue Code and also includes transactions accorded	15425
hedge accounting treatment under statement of financial accounting	15426
standards number 133 of the financial accounting standards board.	15427
For the purposes of division (F)(2)(c) of this section, the actual	15428
transfer of title of real or tangible personal property to another	15429
entity is not a hedging transaction.	15430

(d) Proceeds received attributable to the repayment,	15431
maturity, or redemption of the principal of a loan, bond, mutual	15432
fund, certificate of deposit, or marketable instrument;	15433

(e) The principal amount received under a repurchase	15434
agreement or on account of any transaction properly characterized	15435
as a loan to the person;	15436

(f) Contributions received by a trust, plan, or other	15437
arrangement, any of which is described in section 501(a) of the	15438
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	15439
1, Subchapter (D) of the Internal Revenue Code applies;	15440

(g) Compensation, whether current or deferred, and whether in	15441
cash or in kind, received or to be received by an employee, former	15442
employee, or the employee's legal successor for services rendered	15443
to or for an employer, including reimbursements received by or for	15444
an individual for medical or education expenses, health insurance	15445
premiums, or employee expenses, or on account of a dependent care	15446
spending account, legal services plan, any cafeteria plan	15447
described in section 125 of the Internal Revenue Code, or any	15448
similar employee reimbursement;	15449

(h) Proceeds received from the issuance of the taxpayer's own	15450
stock, options, warrants, puts, or calls, or from the sale of the	15451
taxpayer's treasury stock;	15452

(i) Proceeds received on the account of payments from	15453
insurance policies, except those proceeds received for the loss of	15454
business revenue;	15455

(j) Gifts or charitable contributions received; membership	15456
dues received by trade, professional, homeowners', or condominium	15457
associations; and payments received for educational courses,	15458
meetings, meals, or similar payments to a trade, professional, or	15459
other similar association; and fundraising receipts received by	15460
any person when any excess receipts are donated or used	15461
exclusively for charitable purposes;	15462

(k) Damages received as the result of litigation in excess of	15463
amounts that, if received without litigation, would be gross	15464
receipts;	15465

(l) Property, money, and other amounts received or acquired	15466
by an agent on behalf of another in excess of the agent's	15467
commission, fee, or other remuneration;	15468

(m) Tax refunds, other tax benefit recoveries, and	15469
reimbursements for the tax imposed under this chapter made by	15470
entities that are part of the same combined taxpayer or	15471
consolidated elected taxpayer group, and reimbursements made by	15472
entities that are not members of a combined taxpayer or	15473
consolidated elected taxpayer group that are required to be made	15474
for economic parity among multiple owners of an entity whose tax	15475
obligation under this chapter is required to be reported and paid	15476
entirely by one owner, pursuant to the requirements of sections	15477
5751.011 and 5751.012 of the Revised Code;	15478

(n) Pension reversions;

15479

(o) Contributions to capital;

15480

(p) Sales or use taxes collected as a vendor or an	15481
out-of-state seller on behalf of the taxing jurisdiction from a	15482
consumer or other taxes the taxpayer is required by law to collect	15483
directly from a purchaser and remit to a local, state, or federal	15484
tax authority;	15485

(q) In the case of receipts from the sale of cigarettes or	15486
tobacco products by a wholesale dealer, retail dealer,	15487
distributor, manufacturer, or seller, all as defined in section	15488
5743.01 of the Revised Code, an amount equal to the federal and	15489
state excise taxes paid by any person on or for such cigarettes or	15490
tobacco products under subtitle E of the Internal Revenue Code or	15491
Chapter 5743. of the Revised Code;	15492

(r) In the case of receipts from the sale of motor fuel by a	15493
licensed motor fuel dealer, licensed retail dealer, or licensed	15494
permissive motor fuel dealer, all as defined in section 5735.01 of	15495
the Revised Code, an amount equal to federal and state excise	15496
taxes paid by any person on such motor fuel under section 4081 of	15497
the Internal Revenue Code or Chapter 5735. of the Revised Code;	15498

(s) In the case of receipts from the sale of beer or	15499
intoxicating liquor, as defined in section 4301.01 of the Revised	15500
Code, by a person holding a permit issued under Chapter 4301. or	15501
4303. of the Revised Code, an amount equal to federal and state	15502
excise taxes paid by any person on or for such beer or	15503
intoxicating liquor under subtitle E of the Internal Revenue Code	15504
or Chapter 4301. or 4305. of the Revised Code;	15505

(t) Receipts realized by a new motor vehicle dealer or used	15506
motor vehicle dealer, as defined in section 4517.01 of the Revised	15507
Code, from the sale or other transfer of a motor vehicle, as	15508
defined in that section, to another motor vehicle dealer for the	15509
purpose of resale by the transferee motor vehicle dealer, but only	15510
if the sale or other transfer was based upon the transferee's need	15511
to meet a specific customer's preference for a motor vehicle;	15512

(u) Receipts from a financial institution described in	15513
division (E)(3) of this section for services provided to the	15514
financial institution in connection with the issuance, processing,	15515
servicing, and management of loans or credit accounts, if such	15516
financial institution and the recipient of such receipts have at	15517
least fifty per cent of their ownership interests owned or	15518
controlled, directly or constructively through related interests,	15519
by common owners;	15520

(v) Receipts realized from administering anti-neoplastic	15521
drugs and other cancer chemotherapy, biologicals, therapeutic	15522
agents, and supportive drugs in a physician's office to patients	15523
with cancer;	15524

(w) Funds received or used by a mortgage broker that is not a	15525
dealer in intangibles, other than fees or other consideration,	15526
pursuant to a table-funding mortgage loan or warehouse-lending	15527
mortgage loan. Terms used in division (F)(2)(w) of this section	15528
have the same meanings as in section 1322.01 of the Revised Code,	15529
except "mortgage broker" means a person assisting a buyer in	15530
obtaining a mortgage loan for a fee or other consideration paid by	15531
the buyer or a lender, or a person engaged in table-funding or	15532
warehouse-lending mortgage loans that are first lien mortgage	15533
loans.	15534

(x) Property, money, and other amounts received by a	15535
professional employer organization, as defined in section 4125.01	15536
of the Revised Code, from a client employer, as defined in that	15537
section, in excess of the administrative fee charged by the	15538
professional employer organization to the client employer;	15539

(y) In the case of amounts retained as commissions by a	15540
permit holder under Chapter 3769. of the Revised Code, an amount	15541
equal to the amounts specified under that chapter that must be	15542
paid to or collected by the tax commissioner as a tax and the	15543
amounts specified under that chapter to be used as purse money;	15544

(z) Qualifying distribution center receipts.

15545

(i) For purposes of division (F)(2)(z) of this section:

15546

(I) "Qualifying distribution center receipts" means receipts	15547
of a supplier from qualified property that is delivered to a	15548
qualified distribution center, multiplied by a quantity that	15549
equals one minus the Ohio delivery percentage. If the qualified	15550
distribution center is a refining facility, "supplier" includes	15551
all dealers, brokers, processors, sellers, vendors, cosigners, and	15552
distributors of qualified property.	15553

(II) "Qualified property" means tangible personal property	15554
delivered to a qualified distribution center that is shipped to	15555
that qualified distribution center solely for further shipping by	15556
the qualified distribution center to another location in this	15557
state or elsewhere or, in the case of gold, silver, platinum, or	15558
palladium delivered to a refining facility solely for refining to	15559
a grade and fineness acceptable for delivery to a registered	15560
commodities exchange. "Further shipping" includes storing and	15561
repackaging property into smaller or larger bundles, so long as	15562
the property is not subject to further manufacturing or	15563
processing. "Refining" is limited to extracting impurities from	15564
gold, silver, platinum, or palladium through smelting or some	15565
other process at a refining facility.	15566

(III) "Qualified distribution center" means a warehouse, a	15567
facility similar to a warehouse, or a refining facility in this	15568
state that, for the qualifying year, is operated by a person that	15569
is not part of a combined taxpayer group and that has a qualifying	15570
certificate. All warehouses or facilities similar to warehouses	15571
that are operated by persons in the same taxpayer group and that	15572
are located within one mile of each other shall be treated as one	15573
qualified distribution center. All refining facilities that are	15574
operated by persons in the same taxpayer group and that are	15575
located in the same or adjacent counties may be treated as one	15576
qualified distribution center.	15577

(IV) "Qualifying year" means the calendar year to which the	15578
qualifying certificate applies.	15579

(V) "Qualifying period" means the period of the first day of	15580
July of the second year preceding the qualifying year through the	15581
thirtieth day of June of the year preceding the qualifying year.	15582

(VI) "Qualifying certificate" means the certificate issued by	15583
the tax commissioner after the operator of a distribution center	15584
files an annual application with the commissioner. The application	15585
and annual fee shall be filed and paid for each qualified	15586
distribution center on or before the first day of September before	15587
the qualifying year or within forty-five days after the	15588
distribution center opens, whichever is later.	15589

The applicant must substantiate to the commissioner's	15590
satisfaction that, for the qualifying period, all persons	15591
operating the distribution center have more than fifty per cent of	15592
the cost of the qualified property shipped to a location such that	15593
it would be sitused outside this state under the provisions of	15594
division (E) of section 5751.033 of the Revised Code. The	15595
applicant must also substantiate that the distribution center	15596
cumulatively had costs from its suppliers equal to or exceeding	15597
five hundred million dollars during the qualifying period. (For	15598
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	15599
excludes any person that is part of the consolidated elected	15600
taxpayer group, if applicable, of the operator of the qualified	15601
distribution center.) The commissioner may require the applicant	15602
to have an independent certified public accountant certify that	15603
the calculation of the minimum thresholds required for a qualified	15604
distribution center by the operator of a distribution center has	15605
been made in accordance with generally accepted accounting	15606
principles. The commissioner shall issue or deny the issuance of a	15607
certificate within sixty days after the receipt of the	15608
application. A denial is subject to appeal under section 5717.02	15609
of the Revised Code. If the operator files a timely appeal under	15610
section 5717.02 of the Revised Code, the operator shall be granted	15611
a qualifying certificate, provided that the operator is liable for	15612
any tax, interest, or penalty upon amounts claimed as qualifying	15613
distribution center receipts, other than those receipts exempt	15614
under division (C)(1) of section 5751.011 of the Revised Code,	15615
that would have otherwise not been owed by its suppliers if the	15616
qualifying certificate was valid.	15617

(VII) "Ohio delivery percentage" means the proportion of the	15618
total property delivered to a destination inside Ohio from the	15619
qualified distribution center during the qualifying period	15620
compared with total deliveries from such distribution center	15621
everywhere during the qualifying period.	15622

(VIII) "Refining facility" means one or more buildings	15623
located in a county in the Appalachian region of this state as	15624
defined by section 107.21 of the Revised Code and utilized for	15625
refining or smelting gold, silver, platinum, or palladium to a	15626
grade and fineness acceptable for delivery to a registered	15627
commodities exchange.	15628

(IX) "Registered commodities exchange" means a board of	15629
trade, such as New York mercantile exchange, inc. or commodity	15630
exchange, inc., designated as a contract market by the commodity	15631
futures trading commission under the "Commodity Exchange Act," 7	15632
U.S.C. 1 et seq., as amended.	15633

(ii) If the distribution center is new and was not open for	15634
the entire qualifying period, the operator of the distribution	15635
center may request that the commissioner grant a qualifying	15636
certificate. If the certificate is granted and it is later	15637
determined that more than fifty per cent of the qualified property	15638
during that year was not shipped to a location such that it would	15639
be sitused outside of this state under the provisions of division	15640
(E) of section 5751.033 of the Revised Code or if it is later	15641
determined that the person that operates the distribution center	15642
had average monthly costs from its suppliers of less than forty	15643
million dollars during that year, then the operator of the	15644
distribution center shall be liable for any tax, interest, or	15645
penalty upon amounts claimed as qualifying distribution center	15646
receipts, other than those receipts exempt under division (C)(1)	15647
of section 5751.011 of the Revised Code, that would have not	15648
otherwise been owed by its suppliers during the qualifying year if	15649
the qualifying certificate was valid. (For purposes of division	15650
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	15651
is part of the consolidated elected taxpayer group, if applicable,	15652
of the operator of the qualified distribution center.)	15653

(iii) When filing an application for a qualifying certificate	15654
under division (F)(2)(z)(i)(VI) of this section, the operator of a	15655
qualified distribution center also shall provide documentation, as	15656
the commissioner requires, for the commissioner to ascertain the	15657
Ohio delivery percentage. The commissioner, upon issuing the	15658
qualifying certificate, also shall certify the Ohio delivery	15659
percentage. The operator of the qualified distribution center may	15660
appeal the commissioner's certification of the Ohio delivery	15661
percentage in the same manner as an appeal is taken from the	15662
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	15663
of this section.	15664

Within thirty days after all appeals have been exhausted, the	15665
operator of the qualified distribution center shall notify the	15666
affected suppliers of qualified property that such suppliers are	15667
required to file, within sixty days after receiving notice from	15668
the operator of the qualified distribution center, amended reports	15669
for the impacted calendar quarter or quarters or calendar year,	15670
whichever the case may be. Any additional tax liability or tax	15671
overpayment shall be subject to interest but shall not be subject	15672
to the imposition of any penalty so long as the amended returns	15673
are timely filed. The supplier of tangible personal property	15674
delivered to the qualified distribution center shall include in	15675
its report of taxable gross receipts the receipts from the total	15676
sales of property delivered to the qualified distribution center	15677
for the calendar quarter or calendar year, whichever the case may	15678
be, multiplied by the Ohio delivery percentage for the qualifying	15679
year. Nothing in division (F)(2)(z)(iii) of this section shall be	15680
construed as imposing liability on the operator of a qualified	15681
distribution center for the tax imposed by this chapter arising	15682
from any change to the Ohio delivery percentage.	15683

(iv) In the case where the distribution center is new and not	15684
open for the entire qualifying period, the operator shall make a	15685
good faith estimate of an Ohio delivery percentage for use by	15686
suppliers in their reports of taxable gross receipts for the	15687
remainder of the qualifying period. The operator of the facility	15688
shall disclose to the suppliers that such Ohio delivery percentage	15689
is an estimate and is subject to recalculation. By the due date of	15690
the next application for a qualifying certificate, the operator	15691
shall determine the actual Ohio delivery percentage for the	15692
estimated qualifying period and proceed as provided in division	15693
(F)(2)(z)(iii) of this section with respect to the calculation and	15694
recalculation of the Ohio delivery percentage. The supplier is	15695
required to file, within sixty days after receiving notice from	15696
the operator of the qualified distribution center, amended reports	15697
for the impacted calendar quarter or quarters or calendar year,	15698
whichever the case may be. Any additional tax liability or tax	15699
overpayment shall be subject to interest but shall not be subject	15700
to the imposition of any penalty so long as the amended returns	15701
are timely filed.	15702

(v) Qualifying certificates and Ohio delivery percentages	15703
issued by the commissioner shall be open to public inspection and	15704
shall be timely published by the commissioner. A supplier relying	15705
in good faith on a certificate issued under this division shall	15706
not be subject to tax on the qualifying distribution center	15707
receipts under division (F)(2)(z) of this section. A person	15708
receiving a qualifying certificate is responsible for paying the	15709
tax, interest, and penalty upon amounts claimed as qualifying	15710
distribution center receipts that would not otherwise have been	15711
owed by the supplier if the qualifying certificate were available	15712
when it is later determined that the qualifying certificate should	15713
not have been issued because the statutory requirements were in	15714
fact not met.	15715

(vi) The annual fee for a qualifying certificate shall be one	15716
hundred thousand dollars for each qualified distribution center.	15717
If a qualifying certificate is not issued, the annual fee is	15718
subject to refund after the exhaustion of all appeals provided for	15719
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	15720
under this division may be assessed in the same manner as the tax	15721
imposed under this chapter. The first one hundred thousand dollars	15722
of the annual application fees collected each calendar year shall	15723
be credited to the revenue enhancement fund. The remainder of the	15724
annual application fees collected shall be distributed in the same	15725
manner required under section 5751.20 of the Revised Code.	15726

(vii) The tax commissioner may require that adequate security	15727
be posted by the operator of the distribution center on appeal	15728
when the commissioner disagrees that the applicant has met the	15729
minimum thresholds for a qualified distribution center as set	15730
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	15731
section.	15732

(aa) Receipts of an employer from payroll deductions relating	15733
to the reimbursement of the employer for advancing moneys to an	15734
unrelated third party on an employee's behalf;	15735

(bb) Cash discounts allowed and taken;

15736

(cc) Returns and allowances;

15737

(dd) Bad debts from receipts on the basis of which the tax	15738
imposed by this chapter was paid in a prior quarterly tax payment	15739
period. For the purpose of this division, "bad debts" means any	15740
debts that have become worthless or uncollectible between the	15741
preceding and current quarterly tax payment periods, have been	15742
uncollected for at least six months, and that may be claimed as a	15743
deduction under section 166 of the Internal Revenue Code and the	15744
regulations adopted under that section, or that could be claimed	15745
as such if the taxpayer kept its accounts on the accrual basis.	15746
"Bad debts" does not include repossessed property, uncollectible	15747
amounts on property that remains in the possession of the taxpayer	15748
until the full purchase price is paid, or expenses in attempting	15749
to collect any account receivable or for any portion of the debt	15750
recovered;	15751

(ee) Any amount realized from the sale of an account	15752
receivable to the extent the receipts from the underlying	15753
transaction giving rise to the account receivable were included in	15754
the gross receipts of the taxpayer;	15755

(ff) Any receipts directly attributed ~~to providing public~~	15756
~~services pursuant to sections 126.60 to 126.605 of the Revised~~	15757
~~Code, or any receipts directly attributed~~ to a transfer agreement	15758
or to the enterprise transferred under that agreement under	15759
section 4313.02 of the Revised Code.	15760

(gg)(i) As used in this division:

15761

(I) "Qualified uranium receipts" means receipts from the	15762
sale, exchange, lease, loan, production, processing, or other	15763
disposition of uranium within a uranium enrichment zone certified	15764
by the tax commissioner under division (F)(2)(gg)(ii) of this	15765
section. "Qualified uranium receipts" does not include any	15766
receipts with a situs in this state outside a uranium enrichment	15767
zone certified by the tax commissioner under division	15768
(F)(2)(gg)(ii) of this section.	15769

(II) "Uranium enrichment zone" means all real property that	15770
is part of a uranium enrichment facility licensed by the United	15771
States nuclear regulatory commission and that was or is owned or	15772
controlled by the United States department of energy or its	15773
successor.	15774

(ii) Any person that owns, leases, or operates real or	15775
tangible personal property constituting or located within a	15776
uranium enrichment zone may apply to the tax commissioner to have	15777
the uranium enrichment zone certified for the purpose of excluding	15778
qualified uranium receipts under division (F)(2)(gg) of this	15779
section. The application shall include such information that the	15780
tax commissioner prescribes. Within sixty days after receiving the	15781
application, the tax commissioner shall certify the zone for that	15782
purpose if the commissioner determines that the property qualifies	15783
as a uranium enrichment zone as defined in division (F)(2)(gg) of	15784
this section, or, if the tax commissioner determines that the	15785
property does not qualify, the commissioner shall deny the	15786
application or request additional information from the applicant.	15787
If the tax commissioner denies an application, the commissioner	15788
shall state the reasons for the denial. The applicant may appeal	15789
the denial of an application to the board of tax appeals pursuant	15790
to section 5717.02 of the Revised Code. If the applicant files a	15791
timely appeal, the tax commissioner shall conditionally certify	15792
the applicant's property. The conditional certification shall	15793
expire when all of the applicant's appeals are exhausted. Until	15794
final resolution of the appeal, the applicant shall retain the	15795
applicant's records in accordance with section 5751.12 of the	15796
Revised Code, notwithstanding any time limit on the preservation	15797
of records under that section.	15798

(hh) Amounts realized by licensed motor fuel dealers or	15799
licensed permissive motor fuel dealers from the exchange of	15800
petroleum products, including motor fuel, between such dealers,	15801
provided that delivery of the petroleum products occurs at a	15802
refinery, terminal, pipeline, or marine vessel and that the	15803
exchanging dealers agree neither dealer shall require monetary	15804
compensation from the other for the value of the exchanged	15805
petroleum products other than such compensation for differences in	15806
product location or grade. Division (F)(2)(hh) of this section	15807
does not apply to amounts realized as a result of differences in	15808
location or grade of exchanged petroleum products or from	15809
handling, lubricity, dye, or other additive injections fees,	15810
pipeline security fees, or similar fees. As used in this division,	15811
"motor fuel," "licensed motor fuel dealer," "licensed permissive	15812
motor fuel dealer," and "terminal" have the same meanings as in	15813
section 5735.01 of the Revised Code.	15814

(ii) In the case of amounts collected by a licensed casino	15815
operator from casino gaming, amounts in excess of the casino	15816
operator's gross casino revenue. In this division, "casino	15817
operator" and "casino gaming" have the meanings defined in section	15818
3772.01 of the Revised Code, and "gross casino revenue" has the	15819
meaning defined in section 5753.01 of the Revised Code.	15820

(jj) Any receipts for which the tax imposed by this chapter	15821
is prohibited by the constitution or laws of the United States or	15822
the constitution of this state.	15823

(3) In the case of a taxpayer when acting as a real estate	15824
broker, "gross receipts" includes only the portion of any fee for	15825
the service of a real estate broker, or service of a real estate	15826
salesperson associated with that broker, that is retained by the	15827
broker and not paid to an associated real estate salesperson or	15828
another real estate broker. For the purposes of this division,	15829
"real estate broker" and "real estate salesperson" have the same	15830
meanings as in section 4735.01 of the Revised Code.	15831

(4) A taxpayer's method of accounting for gross receipts for	15832
a tax period shall be the same as the taxpayer's method of	15833
accounting for federal income tax purposes for the taxpayer's	15834
federal taxable year that includes the tax period. If a taxpayer's	15835
method of accounting for federal income tax purposes changes, its	15836
method of accounting for gross receipts under this chapter shall	15837
be changed accordingly.	15838

(G) "Taxable gross receipts" means gross receipts sitused to	15839
this state under section 5751.033 of the Revised Code.	15840

(H) A person has "substantial nexus with this state" if any	15841
of the following applies. The person:	15842

(1) Owns or uses a part or all of its capital in this state;

15843

(2) Holds a certificate of compliance with the laws of this	15844
state authorizing the person to do business in this state;	15845

(3) Has bright-line presence in this state;

15846

(4) Otherwise has nexus with this state to an extent that the	15847
person can be required to remit the tax imposed under this chapter	15848
under the Constitution of the United States.	15849

(I) A person has "bright-line presence" in this state for a	15850
reporting period and for the remaining portion of the calendar	15851
year if any of the following applies. The person:	15852

(1) Has at any time during the calendar year property in this	15853
state with an aggregate value of at least fifty thousand dollars.	15854
For the purpose of division (I)(1) of this section, owned property	15855
is valued at original cost and rented property is valued at eight	15856
times the net annual rental charge.	15857

(2) Has during the calendar year payroll in this state of at	15858
least fifty thousand dollars. Payroll in this state includes all	15859
of the following:	15860

(a) Any amount subject to withholding by the person under	15861
section 5747.06 of the Revised Code;	15862

(b) Any other amount the person pays as compensation to an	15863
individual under the supervision or control of the person for work	15864
done in this state; and	15865

(c) Any amount the person pays for services performed in this	15866
state on its behalf by another.	15867

(3) Has during the calendar year taxable gross receipts of at	15868
least five hundred thousand dollars.	15869

(4) Has at any time during the calendar year within this	15870
state at least twenty-five per cent of the person's total	15871
property, total payroll, or total gross receipts.	15872

(5) Is domiciled in this state as an individual or for	15873
corporate, commercial, or other business purposes.	15874

(J) "Tangible personal property" has the same meaning as in	15875
section 5739.01 of the Revised Code.	15876

(K) "Internal Revenue Code" means the Internal Revenue Code	15877
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	15878
this chapter that is not otherwise defined has the same meaning as	15879
when used in a comparable context in the laws of the United States	15880
relating to federal income taxes unless a different meaning is	15881
clearly required. Any reference in this chapter to the Internal	15882
Revenue Code includes other laws of the United States relating to	15883
federal income taxes.	15884

(L) "Calendar quarter" means a three-month period ending on	15885
the thirty-first day of March, the thirtieth day of June, the	15886
thirtieth day of September, or the thirty-first day of December.	15887

(M) "Tax period" means the calendar quarter or calendar year	15888
on the basis of which a taxpayer is required to pay the tax	15889
imposed under this chapter.	15890

(N) "Calendar year taxpayer" means a taxpayer for which the	15891
tax period is a calendar year.	15892

(O) "Calendar quarter taxpayer" means a taxpayer for which	15893
the tax period is a calendar quarter.	15894

(P) "Agent" means a person authorized by another person to	15895
act on its behalf to undertake a transaction for the other,	15896
including any of the following:	15897

(1) A person receiving a fee to sell financial instruments;

15898

(2) A person retaining only a commission from a transaction	15899
with the other proceeds from the transaction being remitted to	15900
another person;	15901

(3) A person issuing licenses and permits under section	15902
1533.13 of the Revised Code;	15903

(4) A lottery sales agent holding a valid license issued	15904
under section 3770.05 of the Revised Code;	15905

(5) A person acting as an agent of the division of liquor	15906
control under section 4301.17 of the Revised Code.	15907

(Q) "Received" includes amounts accrued under the accrual	15908
method of accounting.	15909

(R) "Reporting person" means a person in a consolidated	15910
elected taxpayer or combined taxpayer group that is designated by	15911
that group to legally bind the group for all filings and tax	15912
liabilities and to receive all legal notices with respect to	15913
matters under this chapter, or, for the purposes of section	15914
5751.04 of the Revised Code, a separate taxpayer that is not a	15915
member of such a group.	15916

Sec. 5751.02. (A) For the purpose of funding the needs of	15917
this state and its local governments ~~beginning with the tax period~~	15918
~~that commences July 1, 2005, and continuing for every tax period~~	15919
~~thereafter~~and providing revenue to the commercial activity tax	15920
motor fuel receipts fund, there is hereby levied a commercial	15921
activity tax on each person with taxable gross receipts for the	15922
privilege of doing business in this state. For the purposes of	15923
this chapter, "doing business" means engaging in any activity,	15924
whether legal or illegal, that is conducted for, or results in,	15925
gain, profit, or income, at any time during ~~the~~a calendar year.	15926
Persons on which the commercial activity tax is levied include,	15927
but are not limited to, persons with substantial nexus with this	15928
state. The tax imposed under this section is not a transactional	15929
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	15930
tax imposed under this section is in addition to any other taxes	15931
or fees imposed under the Revised Code. The tax levied under this	15932
section is imposed on the person receiving the gross receipts and	15933
is not a tax imposed directly on a purchaser. The tax imposed by	15934
this section is an annual privilege tax for the calendar year	15935
that, in the case of calendar year taxpayers, is the annual tax	15936
period and, in the case of calendar quarter taxpayers, contains	15937
all quarterly tax periods in the calendar year. A taxpayer is	15938
subject to the annual privilege tax for doing business during any	15939
portion of such calendar year.	15940

(B) The tax imposed by this section is a tax on the taxpayer	15941
and shall not be billed or invoiced to another person. Even if the	15942
tax or any portion thereof is billed or invoiced and separately	15943
stated, such amounts remain part of the price for purposes of the	15944
sales and use taxes levied under Chapters 5739. and 5741. of the	15945
Revised Code. Nothing in division (B) of this section prohibits:	15946

(1) A person from including in the price charged for a good	15947
or service an amount sufficient to recover the tax imposed by this	15948
section; or	15949

(2) A lessor from including an amount sufficient to recover	15950
the tax imposed by this section in a lease payment charged, or	15951
from including such an amount on a billing or invoice pursuant to	15952
the terms of a written lease agreement providing for the recovery	15953
of the lessor's tax costs. The recovery of such costs shall be	15954
based on an estimate of the total tax cost of the lessor during	15955
the tax period, as the tax liability of the lessor cannot be	15956
calculated until the end of that period.	15957

Sec. 5751.051. (A)(1) Not later than the tenth day of the	15958
second month after the end of each calendar quarter, every	15959
taxpayer other than a calendar year taxpayer shall file with the	15960
tax commissioner a tax return in such form as the commissioner	15961
prescribes. The return shall include, but is not limited to, the	15962
amount of the taxpayer's taxable gross receipts for the calendar	15963
quarter and shall indicate the amount of tax due under section	15964
5751.03 of the Revised Code for the calendar quarter. The taxpayer	15965
shall indicate on the return the portion of the taxpayer's	15966
receipts attributable to motor fuel used for propelling vehicles	15967
on public highways.	15968

(2)(a) Subject to division (C) of section 5751.05 of the	15969
Revised Code, a calendar quarter taxpayer shall report the taxable	15970
gross receipts for that calendar quarter.	15971

(b) With respect to taxable gross receipts incorrectly	15972
reported in a calendar quarter that has a lower tax rate, the tax	15973
shall be computed at the tax rate in effect for the quarterly	15974
return in which such receipts should have been reported. Nothing	15975
in division (A)(2)(b) of this section prohibits a taxpayer from	15976
filing an application for refund under section 5751.08 of the	15977
Revised Code with regard to the incorrect reporting of taxable	15978
gross receipts discovered after filing the annual return described	15979
in division (A)(3) of this section.	15980

A tax return shall not be deemed to be an incorrect reporting	15981
of taxable gross receipts for the purposes of division (A)(2)(b)	15982
of this section if the return reflects between ninety-five and one	15983
hundred five per cent of the actual taxable gross receipts for the	15984
calendar quarter.	15985

(3) For the purposes of division (A)(2)(b) of this section,	15986
the tax return filed for the fourth calendar quarter of a calendar	15987
year is the annual return for the privilege tax imposed by this	15988
chapter. Such return shall report any additional taxable gross	15989
receipts not previously reported in the calendar year and shall	15990
adjust for any over-reported taxable gross receipts in the	15991
calendar year. If the taxpayer ceases to be a taxpayer before the	15992
end of the calendar year, the last return the taxpayer is required	15993
to file shall be the annual return for the taxpayer and the	15994
taxpayer shall report any additional taxable gross receipts not	15995
previously reported in the calendar year and shall adjust for any	15996
over-reported taxable gross receipts in the calendar year.	15997
Taxpayers reporting taxable gross receipts attributable to motor	15998
fuel used for propelling vehicles on public highways may not	15999
utilize the statutory estimation procedure provided in divisions	16000
(A)(2) and (3) of this section.	16001

(4) Because the tax imposed by this chapter is a privilege	16002
tax, the tax rate with respect to taxable gross receipts for a	16003
calendar quarter is not fixed until the end of the measurement	16004
period for each calendar quarter. Subject to division (A)(2)(b) of	16005
this section, the total amount of taxable gross receipts reported	16006
for a given calendar quarter shall be subject to the tax rate in	16007
effect in that quarter.	16008

(5) Not later than the tenth day of May following the end of	16009
each calendar year, every calendar year taxpayer shall file with	16010
the tax commissioner a tax return in such form as the commissioner	16011
prescribes. The return shall include, but is not limited to, the	16012
amount of the taxpayer's taxable gross receipts for the calendar	16013
year and shall indicate the amount of tax due under section	16014
5751.03 of the Revised Code for the calendar year. The taxpayer	16015
shall indicate on the return the portion of the taxpayer's	16016
receipts attributable to motor fuel used for propelling vehicles	16017
on public highways.	16018

(B)(1) A person that first becomes subject to the tax imposed	16019
under this chapter shall pay the minimum tax imposed under	16020
division (B) of section 5751.03 of the Revised Code on or before	16021
the day the return is required to be filed for that quarter under	16022
division (A)(1) of this section, regardless of whether the person	16023
registers as a calendar year taxpayer under section 5751.05 of the	16024
Revised Code.	16025

(2) The amount of the minimum tax for a person subject to	16026
division (B)(1) of this section shall be reduced to seventy-five	16027
dollars if the registration is timely filed after the first day of	16028
May and before the first day of January of the following calendar	16029
year.	16030

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	16031
the Revised Code:	16032

(1) "School district," "joint vocational school district,"	16033
"local taxing unit," "recognized valuation," "fixed-rate levy,"	16034
and "fixed-sum levy" have the same meanings as used in section	16035
5727.84 of the Revised Code.	16036

(2) "State education aid" for a school district means the	16037
following:	16038

(a) For fiscal years prior to fiscal year 2010, the sum of	16039
state aid amounts computed for the district under the following	16040
provisions, as they existed for the applicable fiscal year:	16041
division (A) of section 3317.022 of the Revised Code, including	16042
the amounts calculated under sections 3317.029 and 3317.0217 of	16043
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	16044
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	16045
divisions (L) and (N) of section 3317.024; section 3317.0216; and	16046
any unit payments for gifted student services paid under sections	16047
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	16048
for fiscal years 2008 and 2009, the amount computed for the	16049
district under Section 269.20.80 of H.B. 119 of the 127th general	16050
assembly and as that section subsequently may be amended shall be	16051
substituted for the amount computed under division (D) of section	16052
3317.022 of the Revised Code, and the amount computed under	16053
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	16054
that section subsequently may be amended shall be included.	16055

(b) For fiscal years 2010 and 2011, the sum of the amounts	16056
computed under former sections 3306.052, 3306.12, 3306.13,	16057
3306.19, 3306.191, and 3306.192 of the Revised Code;	16058

(c) For fiscal years 2012 and 2013, the sum of the amounts	16059
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	16060
153 of the 129th general assembly.	16061

(3) "State education aid" for a joint vocational school	16062
district means the following:	16063

(a) For fiscal years prior to fiscal year 2010, the sum of	16064
the state aid computed for the district under division (N) of	16065
section 3317.024 and section 3317.16 of the Revised Code, except	16066
that, for fiscal years 2008 and 2009, the amount computed under	16067
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	16068
that section subsequently may be amended shall be included.	16069

(b) For fiscal years 2010 and 2011, the amount paid in	16070
accordance with Section 265.30.50 of H.B. 1 of the 128th general	16071
assembly.	16072

(c) For fiscal years 2012 and 2013, the amount paid in	16073
accordance with Section 267.30.60 of H.B. 153 of the 129th general	16074
assembly.	16075

(4) "State education aid offset" means the amount determined	16076
for each school district or joint vocational school district under	16077
division (A)(1) of section 5751.21 of the Revised Code.	16078

(5) "Machinery and equipment property tax value loss" means	16079
the amount determined under division (C)(1) of this section.	16080

(6) "Inventory property tax value loss" means the amount	16081
determined under division (C)(2) of this section.	16082

(7) "Furniture and fixtures property tax value loss" means	16083
the amount determined under division (C)(3) of this section.	16084

(8) "Machinery and equipment fixed-rate levy loss" means the	16085
amount determined under division (D)(1) of this section.	16086

(9) "Inventory fixed-rate levy loss" means the amount	16087
determined under division (D)(2) of this section.	16088

(10) "Furniture and fixtures fixed-rate levy loss" means the	16089
amount determined under division (D)(3) of this section.	16090

(11) "Total fixed-rate levy loss" means the sum of the	16091
machinery and equipment fixed-rate levy loss, the inventory	16092
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	16093
loss, and the telephone company fixed-rate levy loss.	16094

(12) "Fixed-sum levy loss" means the amount determined under	16095
division (E) of this section.	16096

(13) "Machinery and equipment" means personal property	16097
subject to the assessment rate specified in division (F) of	16098
section 5711.22 of the Revised Code.	16099

(14) "Inventory" means personal property subject to the	16100
assessment rate specified in division (E) of section 5711.22 of	16101
the Revised Code.	16102

(15) "Furniture and fixtures" means personal property subject	16103
to the assessment rate specified in division (G) of section	16104
5711.22 of the Revised Code.	16105

(16) "Qualifying levies" are levies in effect for tax year	16106
2004 or applicable to tax year 2005 or approved at an election	16107
conducted before September 1, 2005. For the purpose of determining	16108
the rate of a qualifying levy authorized by section 5705.212 or	16109
5705.213 of the Revised Code, the rate shall be the rate that	16110
would be in effect for tax year 2010.	16111

(17) "Telephone property" means tangible personal property of	16112
a telephone, telegraph, or interexchange telecommunications	16113
company subject to an assessment rate specified in section	16114
5727.111 of the Revised Code in tax year 2004.	16115

(18) "Telephone property tax value loss" means the amount	16116
determined under division (C)(4) of this section.	16117

(19) "Telephone property fixed-rate levy loss" means the	16118
amount determined under division (D)(4) of this section.	16119

(20) "Taxes charged and payable" means taxes charged and	16120
payable after the reduction required by section 319.301 of the	16121
Revised Code but before the reductions required by sections	16122
319.302 and 323.152 of the Revised Code.	16123

(21) "Median estate tax collections" means, in the case of a	16124
municipal corporation to which revenue from the taxes levied in	16125
Chapter 5731. of the Revised Code was distributed in each of	16126
calendar years 2006, 2007, 2008, and 2009, the median of those	16127
distributions. In the case of a municipal corporation to which no	16128
distributions were made in one or more of those years, "median	16129
estate tax collections" means zero.	16130

(22) "Total resources," in the case of a school district,	16131
means the sum of the amounts in divisions (A)(22)(a) to (h) of	16132
this section less any reduction required under division (A)(32) or	16133
(33) of this section.	16134

(a) The state education aid for fiscal year 2010;

16135

(b) The sum of the payments received by the school district	16136
in fiscal year 2010 for current expense levy losses pursuant to	16137
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	16138
section 5751.21 of the Revised Code, excluding the portion of such	16139
payments attributable to levies for joint vocational school	16140
district purposes;	16141

(c) The sum of fixed-sum levy loss payments received by the	16142
school district in fiscal year 2010 pursuant to division (E)(1) of	16143
section 5727.85 and division (E)(1) of section 5751.21 of the	16144
Revised Code for fixed-sum levies charged and payable for a	16145
purpose other than paying debt charges;	16146

(d) Fifty per cent of the school district's taxes charged and	16147
payable against all property on the tax list of real and public	16148
utility property for current expense purposes for tax year 2008,	16149
including taxes charged and payable from emergency levies charged	16150
and payable under section 5709.194 of the Revised Code and	16151
excluding taxes levied for joint vocational school district	16152
purposes;	16153

(e) Fifty per cent of the school district's taxes charged and	16154
payable against all property on the tax list of real and public	16155
utility property for current expenses for tax year 2009, including	16156
taxes charged and payable from emergency levies and excluding	16157
taxes levied for joint vocational school district purposes;	16158

(f) The school district's taxes charged and payable against	16159
all property on the general tax list of personal property for	16160
current expenses for tax year 2009, including taxes charged and	16161
payable from emergency levies;	16162

(g) The amount certified for fiscal year 2010 under division	16163
(A)(2) of section 3317.08 of the Revised Code;	16164

(h) Distributions received during calendar year 2009 from	16165
taxes levied under section 718.09 of the Revised Code.	16166

(23) "Total resources," in the case of a joint vocational	16167
school district, means the sum of amounts in divisions (A)(23)(a)	16168
to (g) of this section less any reduction required under division	16169
(A)(32) of this section.	16170

(a) The state education aid for fiscal year 2010;

16171

(b) The sum of the payments received by the joint vocational	16172
school district in fiscal year 2010 for current expense levy	16173
losses pursuant to division (C)(2) of section 5727.85 and	16174
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	16175

(c) Fifty per cent of the joint vocational school district's	16176
taxes charged and payable against all property on the tax list of	16177
real and public utility property for current expense purposes for	16178
tax year 2008;	16179

(d) Fifty per cent of the joint vocational school district's	16180
taxes charged and payable against all property on the tax list of	16181
real and public utility property for current expenses for tax year	16182
2009;	16183

(e) Fifty per cent of a city, local, or exempted village	16184
school district's taxes charged and payable against all property	16185
on the tax list of real and public utility property for current	16186
expenses of the joint vocational school district for tax year	16187
2008;	16188

(f) Fifty per cent of a city, local, or exempted village	16189
school district's taxes charged and payable against all property	16190
on the tax list of real and public utility property for current	16191
expenses of the joint vocational school district for tax year	16192
2009;	16193

(g) The joint vocational school district's taxes charged and	16194
payable against all property on the general tax list of personal	16195
property for current expenses for tax year 2009.	16196

(24) "Total resources," in the case of county mental health	16197
and disability related functions, means the sum of the amounts in	16198
divisions (A)(24)(a) and (b) of this section less any reduction	16199
required under division (A)(32) of this section.	16200

(a) The sum of the payments received by the county for mental	16201
health and developmental disability related functions in calendar	16202
year 2010 under division (A)(1) of section 5727.86 and divisions	16203
(A)(1) and (2) of section 5751.22 of the Revised Code as they	16204
existed at that time;	16205

(b) With respect to taxes levied by the county for mental	16206
health and developmental disability related purposes, the taxes	16207
charged and payable for such purposes against all property on the	16208
tax list of real and public utility property for tax year 2009.	16209

(25) "Total resources," in the case of county senior services	16210
related functions, means the sum of the amounts in divisions	16211
(A)(25)(a) and (b) of this section less any reduction required	16212
under division (A)(32) of this section.	16213

(a) The sum of the payments received by the county for senior	16214
services related functions in calendar year 2010 under division	16215
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	16216
5751.22 of the Revised Code as they existed at that time;	16217

(b) With respect to taxes levied by the county for senior	16218
services related purposes, the taxes charged and payable for such	16219
purposes against all property on the tax list of real and public	16220
utility property for tax year 2009.	16221

(26) "Total resources," in the case of county children's	16222
services related functions, means the sum of the amounts in	16223
divisions (A)(26)(a) and (b) of this section less any reduction	16224
required under division (A)(32) of this section.	16225

(a) The sum of the payments received by the county for	16226
children's services related functions in calendar year 2010 under	16227
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	16228
section 5751.22 of the Revised Code as they existed at that time;	16229

(b) With respect to taxes levied by the county for children's	16230
services related purposes, the taxes charged and payable for such	16231
purposes against all property on the tax list of real and public	16232
utility property for tax year 2009.	16233

(27) "Total resources," in the case of county public health	16234
related functions, means the sum of the amounts in divisions	16235
(A)(27)(a) and (b) of this section less any reduction required	16236
under division (A)(32) of this section.	16237

(a) The sum of the payments received by the county for public	16238
health related functions in calendar year 2010 under division	16239
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	16240
5751.22 of the Revised Code as they existed at that time;	16241

(b) With respect to taxes levied by the county for public	16242
health related purposes, the taxes charged and payable for such	16243
purposes against all property on the tax list of real and public	16244
utility property for tax year 2009.	16245

(28) "Total resources," in the case of all county functions	16246
not included in divisions (A)(24) to (27) of this section, means	16247
the sum of the amounts in divisions (A)(28)(a) to (d) of this	16248
section less any reduction required under division (A)(32) or (33)	16249
of this section.	16250

(a) The sum of the payments received by the county for all	16251
other purposes in calendar year 2010 under division (A)(1) of	16252
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	16253
the Revised Code as they existed at that time;	16254

(b) The county's percentage share of county undivided local	16255
government fund allocations as certified to the tax commissioner	16256
for calendar year 2010 by the county auditor under division (J) of	16257
section 5747.51 of the Revised Code or division (F) of section	16258
5747.53 of the Revised Code multiplied by the total amount	16259
actually distributed in calendar year 2010 from the county	16260
undivided local government fund;	16261

(c) With respect to taxes levied by the county for all other	16262
purposes, the taxes charged and payable for such purposes against	16263
all property on the tax list of real and public utility property	16264
for tax year 2009, excluding taxes charged and payable for the	16265
purpose of paying debt charges;	16266

(d) The sum of the amounts distributed to the county in	16267
calendar year 2010 for the taxes levied pursuant to sections	16268
5739.021 and 5741.021 of the Revised Code.	16269

(29) "Total resources," in the case of a municipal	16270
corporation, means the sum of the amounts in divisions (A)(29)(a)	16271
to (g) of this section less any reduction required under division	16272
(A)(32) or (33) of this section.	16273

(a) The sum of the payments received by the municipal	16274
corporation in calendar year 2010 for current expense levy losses	16275
under division (A)(1) of section 5727.86 and divisions (A)(1) and	16276
(2) of section 5751.22 of the Revised Code as they existed at that	16277
time;	16278

(b) The municipal corporation's percentage share of county	16279
undivided local government fund allocations as certified to the	16280
tax commissioner for calendar year 2010 by the county auditor	16281
under division (J) of section 5747.51 of the Revised Code or	16282
division (F) of section 5747.53 of the Revised Code multiplied by	16283
the total amount actually distributed in calendar year 2010 from	16284
the county undivided local government fund;	16285

(c) The sum of the amounts distributed to the municipal	16286
corporation in calendar year 2010 pursuant to section 5747.50 of	16287
the Revised Code;	16288

(d) With respect to taxes levied by the municipal	16289
corporation, the taxes charged and payable against all property on	16290
the tax list of real and public utility property for current	16291
expenses, defined in division (A)(35) of this section, for tax	16292
year 2009;	16293

(e) The amount of admissions tax collected by the municipal	16294
corporation in calendar year 2008, or if such information has not	16295
yet been reported to the tax commissioner, in the most recent year	16296
before 2008 for which the municipal corporation has reported data	16297
to the commissioner;	16298

(f) The amount of income taxes collected by the municipal	16299
corporation in calendar year 2008, or if such information has not	16300
yet been reported to the tax commissioner, in the most recent year	16301
before 2008 for which the municipal corporation has reported data	16302
to the commissioner;	16303

(g) The municipal corporation's median estate tax	16304
collections.	16305

(30) "Total resources," in the case of a township, means the	16306
sum of the amounts in divisions (A)(30)(a) to (c) of this section	16307
less any reduction required under division (A)(32) or (33) of this	16308
section.	16309

(a) The sum of the payments received by the township in	16310
calendar year 2010 pursuant to division (A)(1) of section 5727.86	16311
of the Revised Code and divisions (A)(1) and (2) of section	16312
5751.22 of the Revised Code as they existed at that time,	16313
excluding payments received for debt purposes;	16314

(b) The township's percentage share of county undivided local	16315
government fund allocations as certified to the tax commissioner	16316
for calendar year 2010 by the county auditor under division (J) of	16317
section 5747.51 of the Revised Code or division (F) of section	16318
5747.53 of the Revised Code multiplied by the total amount	16319
actually distributed in calendar year 2010 from the county	16320
undivided local government fund;	16321

(c) With respect to taxes levied by the township, the taxes	16322
charged and payable against all property on the tax list of real	16323
and public utility property for tax year 2009 excluding taxes	16324
charged and payable for the purpose of paying debt charges.	16325

(31) "Total resources," in the case of a local taxing unit	16326
that is not a county, municipal corporation, or township, means	16327
the sum of the amounts in divisions (A)(31)(a) to (e) of this	16328
section less any reduction required under division (A)(32) of this	16329
section.	16330

(a) The sum of the payments received by the local taxing unit	16331
in calendar year 2010 pursuant to division (A)(1) of section	16332
5727.86 of the Revised Code and divisions (A)(1) and (2) of	16333
section 5751.22 of the Revised Code as they existed at that time;	16334

(b) The local taxing unit's percentage share of county	16335
undivided local government fund allocations as certified to the	16336
tax commissioner for calendar year 2010 by the county auditor	16337
under division (J) of section 5747.51 of the Revised Code or	16338
division (F) of section 5747.53 of the Revised Code multiplied by	16339
the total amount actually distributed in calendar year 2010 from	16340
the county undivided local government fund;	16341

(c) With respect to taxes levied by the local taxing unit,	16342
the taxes charged and payable against all property on the tax list	16343
of real and public utility property for tax year 2009 excluding	16344
taxes charged and payable for the purpose of paying debt charges;	16345

(d) The amount received from the tax commissioner during	16346
calendar year 2010 for sales or use taxes authorized under	16347
sections 5739.023 and 5741.022 of the Revised Code;	16348

(e) For institutions of higher education receiving tax	16349
revenue from a local levy, as identified in section 3358.02 of the	16350
Revised Code, the final state share of instruction allocation for	16351
fiscal year 2010 as calculated by the board of regents and	16352
reported to the state controlling board.	16353

(32) If a fixed-rate levy that is a qualifying levy is not	16354
charged and payable in any year after tax year 2010, "total	16355
resources" used to compute payments to be made under division	16356
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	16357
5751.22 of the Revised Code in the tax years following the last	16358
year the levy is charged and payable shall be reduced to the	16359
extent that the payments are attributable to the fixed-rate levy	16360
loss of that levy as would be computed under division (C)(2) of	16361
section 5727.85, division (A)(1) of section 5727.85, divisions	16362
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	16363
5751.22 of the Revised Code.	16364

(33) In the case of a county, municipal corporation, school	16365
district, or township with fixed-rate levy losses attributable to	16366
a tax levied under section 5705.23 of the Revised Code, "total	16367
resources" used to compute payments to be made under division	16368
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	16369
division (C)(12) of section 5751.21, or division (A)(1)(c) of	16370
section 5751.22 of the Revised Code shall be reduced by the	16371
amounts described in divisions (A)(34)(a) to (c) of this section	16372
to the extent that those amounts were included in calculating the	16373
"total resources" of the school district or local taxing unit	16374
under division (A)(22), (28), (29), or (30) of this section.	16375

(34) "Total library resources," in the case of a county,	16376
municipal corporation, school district, or township public library	16377
that receives the proceeds of a tax levied under section 5705.23	16378
of the Revised Code, means the sum of the amounts in divisions	16379
(A)(34)(a) to (c) of this section less any reduction required	16380
under division (A)(32) of this section.	16381

(a) The sum of the payments received by the county, municipal	16382
corporation, school district, or township public library in	16383
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	16384
Revised Code, as they existed at that time, for fixed-rate levy	16385
losses attributable to a tax levied under section 5705.23 of the	16386
Revised Code for the benefit of the public library;	16387

(b) The public library's percentage share of county undivided	16388
local government fund allocations as certified to the tax	16389
commissioner for calendar year 2010 by the county auditor under	16390
division (J) of section 5747.51 of the Revised Code or division	16391
(F) of section 5747.53 of the Revised Code multiplied by the total	16392
amount actually distributed in calendar year 2010 from the county	16393
undivided local government fund;	16394

(c) With respect to a tax levied pursuant to section 5705.23	16395
of the Revised Code for the benefit of the public library, the	16396
amount of such tax that is charged and payable against all	16397
property on the tax list of real and public utility property for	16398
tax year 2009 excluding any tax that is charged and payable for	16399
the purpose of paying debt charges.	16400

(35) "Municipal current expense property tax levies" means	16401
all property tax levies of a municipality, except those with the	16402
following levy names: airport resurfacing; bond or any levy name	16403
including the word "bond"; capital improvement or any levy name	16404
including the word "capital"; debt or any levy name including the	16405
word "debt"; equipment or any levy name including the word	16406
"equipment," unless the levy is for combined operating and	16407
equipment; employee termination fund; fire pension or any levy	16408
containing the word "pension," including police pensions;	16409
fireman's fund or any practically similar name; sinking fund; road	16410
improvements or any levy containing the word "road"; fire truck or	16411
apparatus; flood or any levy containing the word "flood";	16412
conservancy district; county health; note retirement; sewage, or	16413
any levy containing the words "sewage" or "sewer"; park	16414
improvement; parkland acquisition; storm drain; street or any levy	16415
name containing the word "street"; lighting, or any levy name	16416
containing the word "lighting"; and water.	16417

(36) "Current expense TPP allocation" means, in the case of a	16418
school district or joint vocational school district, the sum of	16419
the payments received by the school district in fiscal year 2011	16420
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	16421
Revised Code to the extent paid for current expense levies. In the	16422
case of a municipal corporation, "current expense TPP allocation"	16423
means the sum of the payments received by the municipal	16424
corporation in calendar year 2010 pursuant to divisions (A)(1) and	16425
(2) of section 5751.22 of the Revised Code to the extent paid for	16426
municipal current expense property tax levies as defined in	16427
division (A)(35) of this section, excluding any such payments	16428
received for current expense levy losses attributable to a tax	16429
levied under section 5705.23 of the Revised Code. If a fixed-rate	16430
levy that is a qualifying levy is not charged and payable in any	16431
year after tax year 2010, "current expense TPP allocation" used to	16432
compute payments to be made under division (C)(12) of section	16433
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	16434
Revised Code in the tax years following the last year the levy is	16435
charged and payable shall be reduced to the extent that the	16436
payments are attributable to the fixed-rate levy loss of that levy	16437
as would be computed under divisions (C)(10) and (11) of section	16438
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	16439

(37) "TPP allocation" means the sum of payments received by a	16440
local taxing unit in calendar year 2010 pursuant to divisions	16441
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	16442
any such payments received for fixed-rate levy losses attributable	16443
to a tax levied under section 5705.23 of the Revised Code. If a	16444
fixed-rate levy that is a qualifying levy is not charged and	16445
payable in any year after tax year 2010, "TPP allocation" used to	16446
compute payments to be made under division (A)(1)(b) or (c) of	16447
section 5751.22 of the Revised Code in the tax years following the	16448
last year the levy is charged and payable shall be reduced to the	16449
extent that the payments are attributable to the fixed-rate levy	16450
loss of that levy as would be computed under division (A)(1) of	16451
that section.	16452

(38) "Total TPP allocation" means, in the case of a school	16453
district or joint vocational school district, the sum of the	16454
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	16455
and (11) and (D) of section 5751.21 of the Revised Code. In the	16456
case of a local taxing unit, "total TPP allocation" means the sum	16457
of payments received by the unit in calendar year 2010 pursuant to	16458
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	16459
Code. If a fixed-rate levy that is a qualifying levy is not	16460
charged and payable in any year after tax year 2010, "total TPP	16461
allocation" used to compute payments to be made under division	16462
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	16463
5751.22 of the Revised Code in the tax years following the last	16464
year the levy is charged and payable shall be reduced to the	16465
extent that the payments are attributable to the fixed-rate levy	16466
loss of that levy as would be computed under divisions (C)(10) and	16467
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	16468
the Revised Code.	16469

(39) "Non-current expense TPP allocation" means the	16470
difference of total TPP allocation minus the sum of current	16471
expense TPP allocation and the portion of total TPP allocation	16472
constituting reimbursement for debt levies, pursuant to division	16473
(D) of section 5751.21 of the Revised Code in the case of a school	16474
district or joint vocational school district and pursuant to	16475
division (A)(3) of section 5751.22 of the Revised Code in the case	16476
of a municipal corporation.	16477

(40) "TPP allocation for library purposes" means the sum of	16478
payments received by a county, municipal corporation, school	16479
district, or township public library in calendar year 2010	16480
pursuant to section 5751.22 of the Revised Code for fixed-rate	16481
levy losses attributable to a tax levied under section 5705.23 of	16482
the Revised Code. If a fixed-rate levy authorized under section	16483
5705.23 of the Revised Code that is a qualifying levy is not	16484
charged and payable in any year after tax year 2010, "TPP	16485
allocation for library purposes" used to compute payments to be	16486
made under division (A)(1)(d) of section 5751.22 of the Revised	16487
Code in the tax years following the last year the levy is charged	16488
and payable shall be reduced to the extent that the payments are	16489
attributable to the fixed-rate levy loss of that levy as would be	16490
computed under division (A)(1) of section 5751.22 of the Revised	16491
Code.	16492

(41) "Threshold per cent" means, in the case of a school	16493
district or joint vocational school district, two per cent for	16494
fiscal year 2012 and four per cent for fiscal years 2013 and	16495
thereafter. In the case of a local taxing unit or public library	16496
that receives the proceeds of a tax levied under section 5705.23	16497
of the Revised Code, "threshold per cent" means two per cent for	16498
tax year 2011, four per cent for tax year 2012, and six per cent	16499
for tax years 2013 and thereafter.	16500

(B)(1) The commercial activities tax receipts fund is hereby	16501
created in the state treasury and shall consist of money arising	16502
from the tax imposed under this chapter. Eighty-five	16503
one-hundredths of one per cent of the money credited to that fund	16504
shall be credited to the revenue enhancement fund and shall be	16505
used to defray the costs incurred by the department of taxation in	16506
administering the tax imposed by this chapter and in implementing	16507
tax reform measures. The remainder of the money in the commercial	16508
activities tax receipts fund shall first be credited ~~for each~~	16509
~~fiscal year~~to the commercial activity tax motor fuel receipts	16510
fund, pursuant to division (B)(2) of this section, and the	16511
remainder shall be credited in the following percentages each	16512
fiscal year to the general revenue fund, to the school district	16513
tangible property tax replacement fund, which is hereby created in	16514
the state treasury for the purpose of making the payments	16515
described in section 5751.21 of the Revised Code, and to the local	16516
government tangible property tax replacement fund, which is hereby	16517
created in the state treasury for the purpose of making the	16518
payments described in section 5751.22 of the Revised Code, in the	16519
following percentages:	16520

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	16521
2006	67.7%	22.6%	9.7%	16522
2007	0%	70.0%	30.0%	16523
2008	0%	70.0%	30.0%	16524
2009	0%	70.0%	30.0%	16525
2010	0%	70.0%	30.0%	16526
2011	0%	70.0%	30.0%	16527
2012	25.0%	52.5%	22.5%	16528
2013 and thereafter	50.0%	35.0%	15.0%	16529

(2) Not later than the twentieth day of February, May,	16530
August, and November of each year, the commissioner shall provide	16531
for payment from the commercial activities tax receipts fund to	16532
the commercial activity tax motor fuel receipts fund an amount	16533
that bears the same ratio to the balance in the commercial	16534
activities tax receipts fund that (a) the taxable gross receipts	16535
attributed to motor fuel used for propelling vehicles on public	16536
highways as indicated by returns filed by the tenth day of that	16537
month for a liability that is due and payable on or after July 1,	16538
2013, bears to (b) all taxable gross receipts as indicated by	16539
those returns for such liabilities.	16540

(C) Not later than September 15, 2005, the tax commissioner	16541
shall determine for each school district, joint vocational school	16542
district, and local taxing unit its machinery and equipment,	16543
inventory property, furniture and fixtures property, and telephone	16544
property tax value losses, which are the applicable amounts	16545
described in divisions (C)(1), (2), (3), and (4) of this section,	16546
except as provided in division (C)(5) of this section:	16547

(1) Machinery and equipment property tax value loss is the	16548
taxable value of machinery and equipment property as reported by	16549
taxpayers for tax year 2004 multiplied by:	16550

(a) For tax year 2006, thirty-three and eight-tenths per	16551
cent;	16552

(b) For tax year 2007, sixty-one and three-tenths per cent;

16553

16554

(d) For tax year 2009 and thereafter, one hundred per cent.

16555

(2) Inventory property tax value loss is the taxable value of	16556
inventory property as reported by taxpayers for tax year 2004	16557
multiplied by:	16558

(a) For tax year 2006, a fraction, the numerator of which is	16559
five and three-fourths and the denominator of which is	16560
twenty-three;	16561

(b) For tax year 2007, a fraction, the numerator of which is	16562
nine and one-half and the denominator of which is twenty-three;	16563

(c) For tax year 2008, a fraction, the numerator of which is	16564
thirteen and one-fourth and the denominator of which is	16565
twenty-three;	16566

(d) For tax year 2009 and thereafter a fraction, the	16567
numerator of which is seventeen and the denominator of which is	16568
twenty-three.	16569

(3) Furniture and fixtures property tax value loss is the	16570
taxable value of furniture and fixture property as reported by	16571
taxpayers for tax year 2004 multiplied by:	16572

(a) For tax year 2006, twenty-five per cent;

16573

(b) For tax year 2007, fifty per cent;

16574

16575

(d) For tax year 2009 and thereafter, one hundred per cent.

16576

The taxable value of property reported by taxpayers used in	16577
divisions (C)(1), (2), and (3) of this section shall be such	16578
values as determined to be final by the tax commissioner as of	16579
August 31, 2005. Such determinations shall be final except for any	16580
correction of a clerical error that was made prior to August 31,	16581
2005, by the tax commissioner.	16582

(4) Telephone property tax value loss is the taxable value of	16583
telephone property as taxpayers would have reported that property	16584
for tax year 2004 if the assessment rate for all telephone	16585
property for that year were twenty-five per cent, multiplied by:	16586

(a) For tax year 2006, zero per cent;

16587

(b) For tax year 2007, zero per cent;

16588

16589

(d) For tax year 2009, sixty per cent;

16590

(e) For tax year 2010, eighty per cent;

16591

(f) For tax year 2011 and thereafter, one hundred per cent.

16592

(5) Division (C)(5) of this section applies to any school	16593
district, joint vocational school district, or local taxing unit	16594
in a county in which is located a facility currently or formerly	16595
devoted to the enrichment or commercialization of uranium or	16596
uranium products, and for which the total taxable value of	16597
property listed on the general tax list of personal property for	16598
any tax year from tax year 2001 to tax year 2004 was fifty per	16599
cent or less of the taxable value of such property listed on the	16600
general tax list of personal property for the next preceding tax	16601
year.	16602

In computing the fixed-rate levy losses under divisions	16603
(D)(1), (2), and (3) of this section for any school district,	16604
joint vocational school district, or local taxing unit to which	16605
division (C)(5) of this section applies, the taxable value of such	16606
property as listed on the general tax list of personal property	16607
for tax year 2000 shall be substituted for the taxable value of	16608
such property as reported by taxpayers for tax year 2004, in the	16609
taxing district containing the uranium facility, if the taxable	16610
value listed for tax year 2000 is greater than the taxable value	16611
reported by taxpayers for tax year 2004. For the purpose of making	16612
the computations under divisions (D)(1), (2), and (3) of this	16613
section, the tax year 2000 valuation is to be allocated to	16614
machinery and equipment, inventory, and furniture and fixtures	16615
property in the same proportions as the tax year 2004 values. For	16616
the purpose of the calculations in division (A) of section 5751.21	16617
of the Revised Code, the tax year 2004 taxable values shall be	16618
used.	16619

To facilitate the calculations required under division (C) of	16620
this section, the county auditor, upon request from the tax	16621
commissioner, shall provide by August 1, 2005, the values of	16622
machinery and equipment, inventory, and furniture and fixtures for	16623
all single-county personal property taxpayers for tax year 2004.	16624

(D) Not later than September 15, 2005, the tax commissioner	16625
shall determine for each tax year from 2006 through 2009 for each	16626
school district, joint vocational school district, and local	16627
taxing unit its machinery and equipment, inventory, and furniture	16628
and fixtures fixed-rate levy losses, and for each tax year from	16629
2006 through 2011 its telephone property fixed-rate levy loss.	16630
Except as provided in division (F) of this section, such losses	16631
are the applicable amounts described in divisions (D)(1), (2),	16632
(3), and (4) of this section:	16633

(1) The machinery and equipment fixed-rate levy loss is the	16634
machinery and equipment property tax value loss multiplied by the	16635
sum of the tax rates of fixed-rate qualifying levies.	16636

(2) The inventory fixed-rate loss is the inventory property	16637
tax value loss multiplied by the sum of the tax rates of	16638
fixed-rate qualifying levies.	16639

(3) The furniture and fixtures fixed-rate levy loss is the	16640
furniture and fixture property tax value loss multiplied by the	16641
sum of the tax rates of fixed-rate qualifying levies.	16642

(4) The telephone property fixed-rate levy loss is the	16643
telephone property tax value loss multiplied by the sum of the tax	16644
rates of fixed-rate qualifying levies.	16645

(E) Not later than September 15, 2005, the tax commissioner	16646
shall determine for each school district, joint vocational school	16647
district, and local taxing unit its fixed-sum levy loss. The	16648
fixed-sum levy loss is the amount obtained by subtracting the	16649
amount described in division (E)(2) of this section from the	16650
amount described in division (E)(1) of this section:	16651

(1) The sum of the machinery and equipment property tax value	16652
loss, the inventory property tax value loss, and the furniture and	16653
fixtures property tax value loss, and, for 2008 through 2010, the	16654
telephone property tax value loss of the district or unit	16655
multiplied by the sum of the fixed-sum tax rates of qualifying	16656
levies. For 2006 through 2010, this computation shall include all	16657
qualifying levies remaining in effect for the current tax year and	16658
any school district levies charged and payable under section	16659
5705.194 or 5705.213 of the Revised Code that are qualifying	16660
levies not remaining in effect for the current year. For 2011	16661
through 2017 in the case of school district levies charged and	16662
payable under section 5705.194 or 5705.213 of the Revised Code and	16663
for all years after 2010 in the case of other fixed-sum levies,	16664
this computation shall include only qualifying levies remaining in	16665
effect for the current year. For purposes of this computation, a	16666
qualifying school district levy charged and payable under section	16667
5705.194 or 5705.213 of the Revised Code remains in effect in a	16668
year after 2010 only if, for that year, the board of education	16669
levies a school district levy charged and payable under section	16670
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	16671
an annual sum at least equal to the annual sum levied by the board	16672
in tax year 2004 less the amount of the payment certified under	16673
this division for 2006.	16674

(2) The total taxable value in tax year 2004 less the sum of	16675
the machinery and equipment, inventory, furniture and fixtures,	16676
and telephone property tax value losses in each school district,	16677
joint vocational school district, and local taxing unit multiplied	16678
by one-half of one mill per dollar.	16679

(3) For the calculations in divisions (E)(1) and (2) of this	16680
section, the tax value losses are those that would be calculated	16681
for tax year 2009 under divisions (C)(1), (2), and (3) of this	16682
section and for tax year 2011 under division (C)(4) of this	16683
section.	16684

(4) To facilitate the calculation under divisions (D) and (E)	16685
of this section, not later than September 1, 2005, any school	16686
district, joint vocational school district, or local taxing unit	16687
that has a qualifying levy that was approved at an election	16688
conducted during 2005 before September 1, 2005, shall certify to	16689
the tax commissioner a copy of the county auditor's certificate of	16690
estimated property tax millage for such levy as required under	16691
division (B) of section 5705.03 of the Revised Code, which is the	16692
rate that shall be used in the calculations under such divisions.	16693

If the amount determined under division (E) of this section	16694
for any school district, joint vocational school district, or	16695
local taxing unit is greater than zero, that amount shall equal	16696
the reimbursement to be paid pursuant to division (E) of section	16697
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	16698
and the one-half of one mill that is subtracted under division	16699
(E)(2) of this section shall be apportioned among all contributing	16700
fixed-sum levies in the proportion that each levy bears to the sum	16701
of all fixed-sum levies within each school district, joint	16702
vocational school district, or local taxing unit.	16703

(F) If a school district levies a tax under section 5705.219	16704
of the Revised Code, the fixed-rate levy loss for qualifying	16705
levies, to the extent repealed under that section, shall equal the	16706
sum of the following amounts in lieu of the amounts computed for	16707
such levies under division (D) of this section:	16708

(1) The sum of the rates of qualifying levies to the extent	16709
so repealed multiplied by the sum of the machinery and equipment,	16710
inventory, and furniture and fixtures tax value losses for 2009 as	16711
determined under that division;	16712

(2) The sum of the rates of qualifying levies to the extent	16713
so repealed multiplied by the telephone property tax value loss	16714
for 2011 as determined under that division.	16715

The fixed-rate levy losses for qualifying levies to the	16716
extent not repealed under section 5705.219 of the Revised Code	16717
shall be as determined under division (D) of this section. The	16718
revised fixed-rate levy losses determined under this division and	16719
division (D) of this section first apply in the year following the	16720
first year the district levies the tax under section 5705.219 of	16721
the Revised Code.	16722

(G) Not later than October 1, 2005, the tax commissioner	16723
shall certify to the department of education for every school	16724
district and joint vocational school district the machinery and	16725
equipment, inventory, furniture and fixtures, and telephone	16726
property tax value losses determined under division (C) of this	16727
section, the machinery and equipment, inventory, furniture and	16728
fixtures, and telephone fixed-rate levy losses determined under	16729
division (D) of this section, and the fixed-sum levy losses	16730
calculated under division (E) of this section. The calculations	16731
under divisions (D) and (E) of this section shall separately	16732
display the levy loss for each levy eligible for reimbursement.	16733

(H) Not later than October 1, 2005, the tax commissioner	16734
shall certify the amount of the fixed-sum levy losses to the	16735
county auditor of each county in which a school district, joint	16736
vocational school district, or local taxing unit with a fixed-sum	16737
levy loss reimbursement has territory.	16738

(I) Not later than the twenty-eighth day of February each	16739
year beginning in 2011 and ending in 2014, the tax commissioner	16740
shall certify to the department of education for each school	16741
district first levying a tax under section 5705.219 of the Revised	16742
Code in the preceding year the revised fixed-rate levy losses	16743
determined under divisions (D) and (F) of this section.	16744

(J) There is hereby created in the state treasury the	16745
commercial activity tax motor fuel receipts fund.	16746

Section 101.02. That existing sections 9.33, 126.06,	16747
126.503, 127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055,	16748
505.37, 505.375, 505.44, 505.72, 718.01, 2913.01, 2913.02,	16749
2913.51, 2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 3791.12,	16750
3791.13, 3791.99, 4501.01, 4501.03, 4501.04, 4501.041, 4501.042,	16751
4501.043, 4501.06, 4503.03, 4503.04, 4503.042, 4503.07, 4503.103,	16752
4503.11, 4503.19, 4503.191, 4503.22, 4503.42, 4503.45, 4503.49,	16753
4504.19, 4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 4507.05,	16754
4507.23, 4511.01, 4511.13, 4511.21, 4511.61, 4513.263, 4513.34,	16755
4513.53, 4513.66, 4517.021, 4561.01, 4561.06, 4561.07, 4561.08,	16756
4561.09, 4561.12, 4561.21, 4582.06, 4737.04, 4737.99, 4743.05,	16757
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	16758
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	16759
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	16760
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	16761
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	16762
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	16763
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	16764
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31,	16765
5501.51 5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04,	16766
5503.31, 5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01,	16767
5533.121, 5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05,	16768
5537.051, 5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12,	16769
5537.13, 5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20,	16770
5537.21, 5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28,	16771
5537.30, 5577.05, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01,	16772
5751.01, 5751.02, 5751.051, and 5751.20 and sections 126.60,	16773
126.601, 126.602, 126.603, 126.604, 126.605, 3791.11, 4766.02,	16774
4766.20, 4981.36, 4981.361, and 5540.151 of the Revised Code are	16775
hereby repealed.	16776

Section 110.10. That the versions of sections 4501.01,	16777
4503.04, 4503.22, 4507.05, and 4511.01 of the Revised Code that	16778
are scheduled to take effect January 1, 2017, be amended to read	16779
as follows:	16780

Sec. 4501.01. As used in this chapter and Chapters 4503.,	16781
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	16782
Revised Code, and in the penal laws, except as otherwise provided:	16783

(A) "Vehicles" means everything on wheels or runners,	16784
including motorized bicycles, but does not mean electric personal	16785
assistive mobility devices, vehicles that are operated exclusively	16786
on rails or tracks or from overhead electric trolley wires, and	16787
vehicles that belong to any police department, municipal fire	16788
department, or volunteer fire department, or that are used by such	16789
a department in the discharge of its functions.	16790

(B) "Motor vehicle" means any vehicle, including mobile homes	16791
and recreational vehicles, that is propelled or drawn by power	16792
other than muscular power or power collected from overhead	16793
electric trolley wires. "Motor vehicle" does not include utility	16794
vehicles as defined in division (VV) of this section, under-speed	16795
vehicles as defined in division (XX) of this section, mini-trucks	16796
as defined in division (BBB) of this section, motorized bicycles,	16797
road rollers, traction engines, power shovels, power cranes, and	16798
other equipment used in construction work and not designed for or	16799
employed in general highway transportation, well-drilling	16800
machinery, ditch-digging machinery, farm machinery, and trailers	16801
that are designed and used exclusively to transport a boat between	16802
a place of storage and a marina, or in and around a marina, when	16803
drawn or towed on a public road or highway for a distance of no	16804
more than ten miles and at a speed of twenty-five miles per hour	16805
or less.	16806

(C) "Agricultural tractor" and "traction engine" mean any	16807
self-propelling vehicle that is designed or used for drawing other	16808
vehicles or wheeled machinery, but has no provisions for carrying	16809
loads independently of such other vehicles, and that is used	16810
principally for agricultural purposes.	16811

(D) "Commercial tractor," except as defined in division (C)	16812
of this section, means any motor vehicle that has motive power and	16813
either is designed or used for drawing other motor vehicles, or is	16814
designed or used for drawing another motor vehicle while carrying	16815
a portion of the other motor vehicle or its load, or both.	16816

(E) "Passenger car" means any motor vehicle that is designed	16817
and used for carrying not more than nine persons and includes any	16818
motor vehicle that is designed and used for carrying not more than	16819
fifteen persons in a ridesharing arrangement.	16820

(F) "Collector's vehicle" means any motor vehicle or	16821
agricultural tractor or traction engine that is of special	16822
interest, that has a fair market value of one hundred dollars or	16823
more, whether operable or not, and that is owned, operated,	16824
collected, preserved, restored, maintained, or used essentially as	16825
a collector's item, leisure pursuit, or investment, but not as the	16826
owner's principal means of transportation. "Licensed collector's	16827
vehicle" means a collector's vehicle, other than an agricultural	16828
tractor or traction engine, that displays current, valid license	16829
tags issued under section 4503.45 of the Revised Code, or a	16830
similar type of motor vehicle that displays current, valid license	16831
tags issued under substantially equivalent provisions in the laws	16832
of other states.	16833

(G) "Historical motor vehicle" means any motor vehicle that	16834
is over twenty-five years old and is owned solely as a collector's	16835
item and for participation in club activities, exhibitions, tours,	16836
parades, and similar uses, but that in no event is used for	16837
general transportation.	16838

(H) "Noncommercial motor vehicle" means any motor vehicle,	16839
including a farm truck as defined in section 4503.04 of the	16840
Revised Code, that is designed by the manufacturer to carry a load	16841
of no more than one ton and is used exclusively for purposes other	16842
than engaging in business for profit.	16843

(I) "Bus" means any motor vehicle that has motor power and is	16844
designed and used for carrying more than nine passengers, except	16845
any motor vehicle that is designed and used for carrying not more	16846
than fifteen passengers in a ridesharing arrangement.	16847

(J) "Commercial car" or "truck" means any motor vehicle that	16848
has motor power and is designed and used for carrying merchandise	16849
or freight, or that is used as a commercial tractor.	16850

(K) "Bicycle" means every device, other than a ~~tricycle~~	16851
device that is designed solely for use as a play vehicle by a	16852
child, that is propelled solely by human power upon which ~~any~~a	16853
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	16854
~~wheel in front and two wheels in the rear, or two wheels in the~~	16855
~~front and one wheel in the rear,~~ any of which is more than	16856
fourteen inches in diameter.	16857

(L) "Motorized bicycle" or "moped" means any vehicle that	16858
either has two tandem wheels or one wheel in the front and two	16859
wheels in the rear, that may be pedaled, and that is equipped with	16860
a helper motor of not more than fifty cubic centimeters piston	16861
displacement that produces no more than one brake horsepower and	16862
is capable of propelling the vehicle at a speed of no greater than	16863
twenty miles per hour on a level surface.	16864

(M) "Trailer" means any vehicle without motive power that is	16865
designed or used for carrying property or persons wholly on its	16866
own structure and for being drawn by a motor vehicle, and includes	16867
any such vehicle that is formed by or operated as a combination of	16868
a semitrailer and a vehicle of the dolly type such as that	16869
commonly known as a trailer dolly, a vehicle used to transport	16870
agricultural produce or agricultural production materials between	16871
a local place of storage or supply and the farm when drawn or	16872
towed on a public road or highway at a speed greater than	16873
twenty-five miles per hour, and a vehicle that is designed and	16874
used exclusively to transport a boat between a place of storage	16875
and a marina, or in and around a marina, when drawn or towed on a	16876
public road or highway for a distance of more than ten miles or at	16877
a speed of more than twenty-five miles per hour. "Trailer" does	16878
not include a manufactured home or travel trailer.	16879

(N) "Noncommercial trailer" means any trailer, except a	16880
travel trailer or trailer that is used to transport a boat as	16881
described in division (B) of this section, but, where applicable,	16882
includes a vehicle that is used to transport a boat as described	16883
in division (M) of this section, that has a gross weight of no	16884
more than ten thousand pounds, and that is used exclusively for	16885
purposes other than engaging in business for a profit, such as the	16886
transportation of personal items for personal or recreational	16887
purposes.	16888

(O) "Mobile home" means a building unit or assembly of closed	16889
construction that is fabricated in an off-site facility, is more	16890
than thirty-five body feet in length or, when erected on site, is	16891
three hundred twenty or more square feet, is built on a permanent	16892
chassis, is transportable in one or more sections, and does not	16893
qualify as a manufactured home as defined in division (C)(4) of	16894
section 3781.06 of the Revised Code or as an industrialized unit	16895
as defined in division (C)(3) of section 3781.06 of the Revised	16896
Code.	16897

(P) "Semitrailer" means any vehicle of the trailer type that	16898
does not have motive power and is so designed or used with another	16899
and separate motor vehicle that in operation a part of its own	16900
weight or that of its load, or both, rests upon and is carried by	16901
the other vehicle furnishing the motive power for propelling	16902
itself and the vehicle referred to in this division, and includes,	16903
for the purpose only of registration and taxation under those	16904
chapters, any vehicle of the dolly type, such as a trailer dolly,	16905
that is designed or used for the conversion of a semitrailer into	16906
a trailer.	16907

(Q) "Recreational vehicle" means a vehicular portable	16908
structure that meets all of the following conditions:	16909

(1) It is designed for the sole purpose of recreational	16910
travel.	16911

(2) It is not used for the purpose of engaging in business	16912
for profit.	16913

(3) It is not used for the purpose of engaging in intrastate	16914
commerce.	16915

(4) It is not used for the purpose of commerce as defined in	16916
49 C.F.R. 383.5, as amended.	16917

(5) It is not regulated by the public utilities commission	16918
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	16919

(6) It is classed as one of the following:

16920

(a) "Travel trailer" or "house vehicle" means a	16921
nonself-propelled recreational vehicle that does not exceed an	16922
overall length of forty feet, exclusive of bumper and tongue or	16923
coupling. "Travel trailer" includes a tent-type fold-out camping	16924
trailer as defined in section 4517.01 of the Revised Code.	16925

(b) "Motor home" means a self-propelled recreational vehicle	16926
that has no fifth wheel and is constructed with permanently	16927
installed facilities for cold storage, cooking and consuming of	16928
food, and for sleeping.	16929

(c) "Truck camper" means a nonself-propelled recreational	16930
vehicle that does not have wheels for road use and is designed to	16931
be placed upon and attached to a motor vehicle. "Truck camper"	16932
does not include truck covers that consist of walls and a roof,	16933
but do not have floors and facilities enabling them to be used as	16934
a dwelling.	16935

(d) "Fifth wheel trailer" means a vehicle that is of such	16936
size and weight as to be movable without a special highway permit,	16937
that is constructed with a raised forward section that allows a	16938
bi-level floor plan, and that is designed to be towed by a vehicle	16939
equipped with a fifth-wheel hitch ordinarily installed in the bed	16940
of a truck.	16941

(e) "Park trailer" means a vehicle that is commonly known as	16942
a park model recreational vehicle, meets the American national	16943
standard institute standard A119.5 (1988) for park trailers, is	16944
built on a single chassis, has a gross trailer area of four	16945
hundred square feet or less when set up, is designed for seasonal	16946
or temporary living quarters, and may be connected to utilities	16947
necessary for the operation of installed features and appliances.	16948

(R) "Pneumatic tires" means tires of rubber and fabric or	16949
tires of similar material, that are inflated with air.	16950

(S) "Solid tires" means tires of rubber or similar elastic	16951
material that are not dependent upon confined air for support of	16952
the load.	16953

(T) "Solid tire vehicle" means any vehicle that is equipped	16954
with two or more solid tires.	16955

(U) "Farm machinery" means all machines and tools that are	16956
used in the production, harvesting, and care of farm products, and	16957
includes trailers that are used to transport agricultural produce	16958
or agricultural production materials between a local place of	16959
storage or supply and the farm, agricultural tractors, threshing	16960
machinery, hay-baling machinery, corn shellers, hammermills, and	16961
machinery used in the production of horticultural, agricultural,	16962
and vegetable products.	16963

(V) "Owner" includes any person or firm, other than a	16964
manufacturer or dealer, that has title to a motor vehicle, except	16965
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	16966
includes in addition manufacturers and dealers.	16967

(W) "Manufacturer" and "dealer" include all persons and firms	16968
that are regularly engaged in the business of manufacturing,	16969
selling, displaying, offering for sale, or dealing in motor	16970
vehicles, at an established place of business that is used	16971
exclusively for the purpose of manufacturing, selling, displaying,	16972
offering for sale, or dealing in motor vehicles. A place of	16973
business that is used for manufacturing, selling, displaying,	16974
offering for sale, or dealing in motor vehicles shall be deemed to	16975
be used exclusively for those purposes even though snowmobiles or	16976
all-purpose vehicles are sold or displayed for sale thereat, even	16977
though farm machinery is sold or displayed for sale thereat, or	16978
even though repair, accessory, gasoline and oil, storage, parts,	16979
service, or paint departments are maintained thereat, or, in any	16980
county having a population of less than seventy-five thousand at	16981
the last federal census, even though a department in a place of	16982
business is used to dismantle, salvage, or rebuild motor vehicles	16983
by means of used parts, if such departments are operated for the	16984
purpose of furthering and assisting in the business of	16985
manufacturing, selling, displaying, offering for sale, or dealing	16986
in motor vehicles. Places of business or departments in a place of	16987
business used to dismantle, salvage, or rebuild motor vehicles by	16988
means of using used parts are not considered as being maintained	16989
for the purpose of assisting or furthering the manufacturing,	16990
selling, displaying, and offering for sale or dealing in motor	16991
vehicles.	16992

(X) "Operator" includes any person who drives or operates a	16993
motor vehicle upon the public highways.	16994

(Y) "Chauffeur" means any operator who operates a motor	16995
vehicle, other than a taxicab, as an employee for hire; or any	16996
operator whether or not the owner of a motor vehicle, other than a	16997
taxicab, who operates such vehicle for transporting, for gain,	16998
compensation, or profit, either persons or property owned by	16999
another. Any operator of a motor vehicle who is voluntarily	17000
involved in a ridesharing arrangement is not considered an	17001
employee for hire or operating such vehicle for gain,	17002
compensation, or profit.	17003

(Z) "State" includes the territories and federal districts of	17004
the United States, and the provinces of Canada.	17005

(AA) "Public roads and highways" for vehicles includes all	17006
public thoroughfares, bridges, and culverts.	17007

(BB) "Manufacturer's number" means the manufacturer's	17008
original serial number that is affixed to or imprinted upon the	17009
chassis or other part of the motor vehicle.	17010

(CC) "Motor number" means the manufacturer's original number	17011
that is affixed to or imprinted upon the engine or motor of the	17012
vehicle.	17013

(DD) "Distributor" means any person who is authorized by a	17014
motor vehicle manufacturer to distribute new motor vehicles to	17015
licensed motor vehicle dealers at an established place of business	17016
that is used exclusively for the purpose of distributing new motor	17017
vehicles to licensed motor vehicle dealers, except when the	17018
distributor also is a new motor vehicle dealer, in which case the	17019
distributor may distribute at the location of the distributor's	17020
licensed dealership.	17021

(EE) "Ridesharing arrangement" means the transportation of	17022
persons in a motor vehicle where the transportation is incidental	17023
to another purpose of a volunteer driver and includes ridesharing	17024
arrangements known as carpools, vanpools, and buspools.	17025

(FF) "Apportionable vehicle" means any vehicle that is used	17026
or intended for use in two or more international registration plan	17027
member jurisdictions that allocate or proportionally register	17028
vehicles, that is used for the transportation of persons for hire	17029
or designed, used, or maintained primarily for the transportation	17030
of property, and that meets any of the following qualifications:	17031

(1) Is a power unit having a gross vehicle weight in excess	17032
of twenty-six thousand pounds;	17033

(2) Is a power unit having three or more axles, regardless of	17034
the gross vehicle weight;	17035

(3) Is a combination vehicle with a gross vehicle weight in	17036
excess of twenty-six thousand pounds.	17037

"Apportionable vehicle" does not include recreational	17038
vehicles, vehicles displaying restricted plates, city pick-up and	17039
delivery vehicles, buses used for the transportation of chartered	17040
parties, or vehicles owned and operated by the United States, this	17041
state, or any political subdivisions thereof.	17042

(GG) "Chartered party" means a group of persons who contract	17043
as a group to acquire the exclusive use of a passenger-carrying	17044
motor vehicle at a fixed charge for the vehicle in accordance with	17045
the carrier's tariff, lawfully on file with the United States	17046
department of transportation, for the purpose of group travel to a	17047
specified destination or for a particular itinerary, either agreed	17048
upon in advance or modified by the chartered group after having	17049
left the place of origin.	17050

(HH) "International registration plan" means a reciprocal	17051
agreement of member jurisdictions that is endorsed by the American	17052
association of motor vehicle administrators, and that promotes and	17053
encourages the fullest possible use of the highway system by	17054
authorizing apportioned registration of fleets of vehicles and	17055
recognizing registration of vehicles apportioned in member	17056
jurisdictions.	17057

(II) "Restricted plate" means a license plate that has a	17058
restriction of time, geographic area, mileage, or commodity, and	17059
includes license plates issued to farm trucks under division (J)	17060
of section 4503.04 of the Revised Code.	17061

(JJ) "Gross vehicle weight," with regard to any commercial	17062
car, trailer, semitrailer, or bus that is taxed at the rates	17063
established under section 4503.042 or 4503.65 of the Revised Code,	17064
means the unladen weight of the vehicle fully equipped plus the	17065
maximum weight of the load to be carried on the vehicle.	17066

(KK) "Combined gross vehicle weight" with regard to any	17067
combination of a commercial car, trailer, and semitrailer, that is	17068
taxed at the rates established under section 4503.042 or 4503.65	17069
of the Revised Code, means the total unladen weight of the	17070
combination of vehicles fully equipped plus the maximum weight of	17071
the load to be carried on that combination of vehicles.	17072

(LL) "Chauffeured limousine" means a motor vehicle that is	17073
designed to carry nine or fewer passengers and is operated for	17074
hire on an hourly basis pursuant to a prearranged contract for the	17075
transportation of passengers on public roads and highways along a	17076
route under the control of the person hiring the vehicle and not	17077
over a defined and regular route. "Prearranged contract" means an	17078
agreement, made in advance of boarding, to provide transportation	17079
from a specific location in a chauffeured limousine at a fixed	17080
rate per hour or trip. "Chauffeured limousine" does not include	17081
any vehicle that is used exclusively in the business of funeral	17082
directing.	17083

(MM) "Manufactured home" has the same meaning as in division	17084
(C)(4) of section 3781.06 of the Revised Code.	17085

(NN) "Acquired situs," with respect to a manufactured home or	17086
a mobile home, means to become located in this state by the	17087
placement of the home on real property, but does not include the	17088
placement of a manufactured home or a mobile home in the inventory	17089
of a new motor vehicle dealer or the inventory of a manufacturer,	17090
remanufacturer, or distributor of manufactured or mobile homes.	17091

(OO) "Electronic" includes electrical, digital, magnetic,	17092
optical, electromagnetic, or any other form of technology that	17093
entails capabilities similar to these technologies.	17094

(PP) "Electronic record" means a record generated,	17095
communicated, received, or stored by electronic means for use in	17096
an information system or for transmission from one information	17097
system to another.	17098

(QQ) "Electronic signature" means a signature in electronic	17099
form attached to or logically associated with an electronic	17100
record.	17101

(RR) "Financial transaction device" has the same meaning as	17102
in division (A) of section 113.40 of the Revised Code.	17103

(SS) "Electronic motor vehicle dealer" means a motor vehicle	17104
dealer licensed under Chapter 4517. of the Revised Code whom the	17105
registrar of motor vehicles determines meets the criteria	17106
designated in section 4503.035 of the Revised Code for electronic	17107
motor vehicle dealers and designates as an electronic motor	17108
vehicle dealer under that section.	17109

(TT) "Electric personal assistive mobility device" means a	17110
self-balancing two non-tandem wheeled device that is designed to	17111
transport only one person, has an electric propulsion system of an	17112
average of seven hundred fifty watts, and when ridden on a paved	17113
level surface by an operator who weighs one hundred seventy pounds	17114
has a maximum speed of less than twenty miles per hour.	17115

(UU) "Limited driving privileges" means the privilege to	17116
operate a motor vehicle that a court grants under section 4510.021	17117
of the Revised Code to a person whose driver's or commercial	17118
driver's license or permit or nonresident operating privilege has	17119
been suspended.	17120

(VV) "Utility vehicle" means a self-propelled vehicle	17121
designed with a bed, principally for the purpose of transporting	17122
material or cargo in connection with construction, agricultural,	17123
forestry, grounds maintenance, lawn and garden, materials	17124
handling, or similar activities.	17125

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	17126
vehicle with an attainable speed in one mile on a paved level	17127
surface of more than twenty miles per hour but not more than	17128
twenty-five miles per hour and with a gross vehicle weight rating	17129
less than three thousand pounds.	17130

(XX) "Under-speed vehicle" means a three- or four-wheeled	17131
vehicle, including a vehicle commonly known as a golf cart, with	17132
an attainable speed on a paved level surface of not more than	17133
twenty miles per hour and with a gross vehicle weight rating less	17134
than three thousand pounds.	17135

(YY) "Motor-driven cycle or motor scooter" means any vehicle	17136
designed to travel on not more than three wheels in contact with	17137
the ground, with a seat for the driver and floor pad for the	17138
driver's feet, and is equipped with a motor with a piston	17139
displacement between fifty and one hundred fifty cubic centimeters	17140
piston displacement that produces not more than five brake	17141
horsepower and is capable of propelling the vehicle at a speed	17142
greater than twenty miles per hour on a level surface.	17143

(ZZ) "Motorcycle" means a motor vehicle with motive power	17144
having a seat or saddle for the use of the operator, designed to	17145
travel on not more than three wheels in contact with the ground,	17146
and having no occupant compartment top or occupant compartment top	17147
that can be installed or removed by the user.	17148

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	17149
motive power having a seat or saddle for the use of the operator,	17150
designed to travel on not more than three wheels in contact with	17151
the ground, and having an occupant compartment top or an occupant	17152
compartment top that can be installed or removed by the user.	17153

(BBB) "Mini-truck" means a vehicle that has four wheels, is	17154
propelled by an electric motor with a rated power of seven	17155
thousand five hundred watts or less or an internal combustion	17156
engine with a piston displacement capacity of six hundred sixty	17157
cubic centimeters or less, has a total dry weight of nine hundred	17158
to two thousand two hundred pounds, contains an enclosed cabin and	17159
a seat for the vehicle operator, resembles a pickup truck or van	17160
with a cargo area or bed located at the rear of the vehicle, and	17161
was not originally manufactured to meet federal motor vehicle	17162
safety standards.	17163

Sec. 4503.04. Except as provided in sections 4503.042 and	17164
4503.65 of the Revised Code for the registration of commercial	17165
cars, trailers, semitrailers, and certain buses, the rates of the	17166
taxes imposed by section 4503.02 of the Revised Code shall be as	17167
follows:	17168

(A)(1) For motor vehicles having three wheels or less, the	17169
license tax is:	17170

(a) For each motorized bicycle or moped, ten dollars;

17171

(b) For each motorcycle, cab-enclosed motorcycle,	17172
motor-driven cycle, or motor scooter, fourteen dollars.	17173

(2) For each low-speed, under-speed, and utility vehicle, and	17174
each mini-truck, ten dollars.	17175

(B) For each passenger car, twenty dollars;

17176

(C) For each manufactured home, each mobile home, and each	17177
travel trailer or house vehicle, ten dollars;	17178

(D) For each noncommercial motor vehicle designed by the	17179
manufacturer to carry a load of no more than three-quarters of one	17180
ton and for each motor home, thirty-five dollars; for each	17181
noncommercial motor vehicle designed by the manufacturer to carry	17182
a load of more than three-quarters of one ton, but not more than	17183
one ton, seventy dollars;	17184

(E) For each noncommercial trailer, the license tax is:

17185

(1) Eighty-five cents for each one hundred pounds or part	17186
thereof for the first two thousand pounds or part thereof of	17187
weight of vehicle fully equipped;	17188

(2) One dollar and forty cents for each one hundred pounds or	17189
part thereof in excess of two thousand pounds up to and including	17190
ten thousand pounds.	17191

(F) Notwithstanding its weight, twelve dollars for any:

17192

(1) Vehicle equipped, owned, and used by a charitable or	17193
nonprofit corporation exclusively for the purpose of administering	17194
chest x-rays or receiving blood donations;	17195

(2) Van used principally for the transportation of	17196
handicapped persons that has been modified by being equipped with	17197
adaptive equipment to facilitate the movement of such persons into	17198
and out of the van;	17199

(3) Bus used principally for the transportation of	17200
handicapped persons or persons sixty-five years of age or older.	17201

(G) Notwithstanding its weight, twenty dollars for any bus	17202
used principally for the transportation of persons in a	17203
ridesharing arrangement.	17204

(H) For each transit bus having motor power the license tax	17205
is twelve dollars.	17206

"Transit bus" means either a motor vehicle having a seating	17207
capacity of more than seven persons which is operated and used by	17208
any person in the rendition of a public mass transportation	17209
service primarily in a municipal corporation or municipal	17210
corporations and provided at least seventy-five per cent of the	17211
annual mileage of such service and use is within such municipal	17212
corporation or municipal corporations or a motor vehicle having a	17213
seating capacity of more than seven persons which is operated	17214
solely for the transportation of persons associated with a	17215
charitable or nonprofit corporation, but does not mean any motor	17216
vehicle having a seating capacity of more than seven persons when	17217
such vehicle is used in a ridesharing capacity or any bus	17218
described by division (F)(3) of this section.	17219

The application for registration of such transit bus shall be	17220
accompanied by an affidavit prescribed by the registrar of motor	17221
vehicles and signed by the person or an agent of the firm or	17222
corporation operating such bus stating that the bus has a seating	17223
capacity of more than seven persons, and that it is either to be	17224
operated and used in the rendition of a public mass transportation	17225
service and that at least seventy-five per cent of the annual	17226
mileage of such operation and use shall be within one or more	17227
municipal corporations or that it is to be operated solely for the	17228
transportation of persons associated with a charitable or	17229
nonprofit corporation.	17230

The form of the license plate, and the manner of its	17231
attachment to the vehicle, shall be prescribed by the registrar of	17232
motor vehicles.	17233

(I) Except as otherwise provided in division (A) or (J) of	17234
this section, the minimum tax for any vehicle having motor power	17235
is ten dollars and eighty cents, and for each noncommercial	17236
trailer, five dollars.	17237

(J)(1) Except as otherwise provided in division (J) of this	17238
section, for each farm truck, except a noncommercial motor	17239
vehicle, that is owned, controlled, or operated by one or more	17240
farmers exclusively in farm use as defined in this section, and	17241
not for commercial purposes, and provided that at least	17242
seventy-five per cent of such farm use is by or for the one or	17243
more owners, controllers, or operators of the farm in the	17244
operation of which a farm truck is used, the license tax is five	17245
dollars plus:	17246

(a) Fifty cents per one hundred pounds or part thereof for	17247
the first three thousand pounds;	17248

(b) Seventy cents per one hundred pounds or part thereof in	17249
excess of three thousand pounds up to and including four thousand	17250
pounds;	17251

(c) Ninety cents per one hundred pounds or part thereof in	17252
excess of four thousand pounds up to and including six thousand	17253
pounds;	17254

(d) Two dollars for each one hundred pounds or part thereof	17255
in excess of six thousand pounds up to and including ten thousand	17256
pounds;	17257

(e) Two dollars and twenty-five cents for each one hundred	17258
pounds or part thereof in excess of ten thousand pounds;	17259

(f) The minimum license tax for any farm truck shall be	17260
twelve dollars.	17261

(2) The owner of a farm truck may register the truck for a	17262
period of one-half year by paying one-half the registration tax	17263
imposed on the truck under this chapter and one-half the amount of	17264
any tax imposed on the truck under Chapter 4504. of the Revised	17265
Code.	17266

(3) A farm bus may be registered for a period of ~~ninety~~two	17267
hundred ten days from the date of issue of the license plates for	17268
the bus, for a fee of ten dollars, provided such license plates	17269
shall not be issued for more than ~~any two ninety-day periods~~one	17270
such period in any calendar year. Such use does not include the	17271
operation of trucks by commercial processors of agricultural	17272
products.	17273

(4) License plates for farm trucks and for farm buses shall	17274
have some distinguishing marks, letters, colors, or other	17275
characteristics to be determined by the director of public safety.	17276

(5) Every person registering a farm truck or bus under this	17277
section shall furnish an affidavit certifying that the truck or	17278
bus licensed to that person is to be so used as to meet the	17279
requirements necessary for the farm truck or farm bus	17280
classification.	17281

Any farmer may use a truck owned by the farmer for commercial	17282
purposes by paying the difference between the commercial truck	17283
registration fee and the farm truck registration fee for the	17284
remaining part of the registration period for which the truck is	17285
registered. Such remainder shall be calculated from the beginning	17286
of the semiannual period in which application for such commercial	17287
license is made.	17288

Taxes at the rates provided in this section are in lieu of	17289
all taxes on or with respect to the ownership of such motor	17290
vehicles, except as provided in section 4503.042 and section	17291
4503.06 of the Revised Code.	17292

(K) Other than trucks registered under the international	17293
registration plan in another jurisdiction and for which this state	17294
has received an apportioned registration fee, the license tax for	17295
each truck which is owned, controlled, or operated by a	17296
nonresident, and licensed in another state, and which is used	17297
exclusively for the transportation of nonprocessed agricultural	17298
products intrastate, from the place of production to the place of	17299
processing, is twenty-four dollars.	17300

"Truck," as used in this division, means any pickup truck,	17301
straight truck, semitrailer, or trailer other than a travel	17302
trailer. Nonprocessed agricultural products, as used in this	17303
division, does not include livestock or grain.	17304

A license issued under this division shall be issued for a	17305
period of one hundred thirty days in the same manner in which all	17306
other licenses are issued under this section, provided that no	17307
truck shall be so licensed for more than one	17308
one-hundred-thirty-day period during any calendar year.	17309

The license issued pursuant to this division shall consist of	17310
a windshield decal to be designed by the director of public	17311
safety.	17312

Every person registering a truck under this division shall	17313
furnish an affidavit certifying that the truck licensed to the	17314
person is to be used exclusively for the purposes specified in	17315
this division.	17316

(L) Every person registering a motor vehicle as a	17317
noncommercial motor vehicle as defined in section 4501.01 of the	17318
Revised Code, or registering a trailer as a noncommercial trailer	17319
as defined in that section, shall furnish an affidavit certifying	17320
that the motor vehicle or trailer so licensed to the person is to	17321
be so used as to meet the requirements necessary for the	17322
noncommercial vehicle classification.	17323

(M) Every person registering a van or bus as provided in	17324
divisions (F)(2) and (3) of this section shall furnish a notarized	17325
statement certifying that the van or bus licensed to the person is	17326
to be used for the purposes specified in those divisions. The form	17327
of the license plate issued for such motor vehicles shall be	17328
prescribed by the registrar.	17329

(N) Every person registering as a passenger car a motor	17330
vehicle designed and used for carrying more than nine but not more	17331
than fifteen passengers, and every person registering a bus as	17332
provided in division (G) of this section, shall furnish an	17333
affidavit certifying that the vehicle so licensed to the person is	17334
to be used in a ridesharing arrangement and that the person will	17335
have in effect whenever the vehicle is used in a ridesharing	17336
arrangement a policy of liability insurance with respect to the	17337
motor vehicle in amounts and coverages no less than those required	17338
by section 4509.79 of the Revised Code. The form of the license	17339
plate issued for such a motor vehicle shall be prescribed by the	17340
registrar.	17341

(O)(1) Commencing on October 1, 2009, if an application for	17342
registration renewal is not applied for prior to the expiration	17343
date of the registration or within ~~seven~~thirty days after that	17344
date, the registrar or deputy registrar shall collect a fee of	17345
~~twenty~~ten dollars for the issuance of the vehicle registration.	17346
For any motor vehicle that is used on a seasonal basis, whether	17347
used for general transportation or not, and that has not been used	17348
on the public roads or highways since the expiration of the	17349
registration, the registrar or deputy registrar shall waive the	17350
fee established under this division if the application is	17351
accompanied by supporting evidence of seasonal use as the	17352
registrar may require. The registrar or deputy registrar may waive	17353
the fee for other good cause shown if the application is	17354
accompanied by supporting evidence as the registrar may require.	17355
The fee shall be in addition to all other fees established by this	17356
section. A deputy registrar shall retain fifty cents of the fee	17357
and shall transmit the remaining amount to the registrar at the	17358
time and in the manner provided by section 4503.10 of the Revised	17359
Code. The registrar shall deposit all moneys received under this	17360
division into the state highway safety fund established in section	17361
4501.06 of the Revised Code.	17362

(2) Division (O)(1) of this section does not apply to a farm	17363
truck or farm bus registered under division (J) of this section.	17364

(P) As used in this section:

17365

(1) "Van" means any motor vehicle having a single rear axle	17366
and an enclosed body without a second seat.	17367

(2) "Handicapped person" means any person who has lost the	17368
use of one or both legs, or one or both arms, or is blind, deaf,	17369
or so severely disabled as to be unable to move about without the	17370
aid of crutches or a wheelchair.	17371

(3) "Farm truck" means a truck used in the transportation	17372
from the farm of products of the farm, including livestock and its	17373
products, poultry and its products, floricultural and	17374
horticultural products, and in the transportation to the farm of	17375
supplies for the farm, including tile, fence, and every other	17376
thing or commodity used in agricultural, floricultural,	17377
horticultural, livestock, and poultry production and livestock,	17378
poultry, and other animals and things used for breeding, feeding,	17379
or other purposes connected with the operation of the farm.	17380

(4) "Farm bus" means a bus used only for the transportation	17381
of agricultural employees and used only in the transportation of	17382
such employees as are necessary in the operation of the farm.	17383

(5) "Farm supplies" includes fuel used exclusively in the	17384
operation of a farm, including one or more homes located on and	17385
used in the operation of one or more farms, and furniture and	17386
other things used in and around such homes.	17387

Sec. 4503.22. The identification license plate shall consist	17388
of a placard upon the face of which shall appear the distinctive	17389
number assigned to the motor vehicle as provided in section	17390
4503.19 of the Revised Code, in Arabic numerals or letters, or	17391
both. The dimensions of the numerals or letters and of each stroke	17392
shall be determined by the director of public safety. The license	17393
placard also shall contain the name of this state and the slogan	17394
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	17395
aluminum, plastic, or any other suitable material, and the	17396
background shall be treated with a reflective material that shall	17397
provide effective and dependable reflective brightness during the	17398
service period required of the placard. Specifications for the	17399
reflective and other materials and the design of the placard, the	17400
county identification stickers as provided by section 4503.19 of	17401
the Revised Code, and validation stickers as provided by section	17402
4503.191 of the Revised Code, shall be adopted by the director as	17403
rules under sections 119.01 to 119.13 of the Revised Code. The	17404
identification license plate of motorized bicycles or mopeds,	17405
motor-driven cycles or motor scooters, cab-enclosed motorcycles,	17406
and motorcycles shall consist of a single placard, the size of	17407
which shall be prescribed by the director. The identification	17408
plate of a vehicle registered in accordance with the international	17409
registration plan shall contain the word "apportioned." The	17410
director may prescribe the type of placard, or means of fastening	17411
the placard, or both; the placard or means of fastening may be so	17412
designed and constructed as to render difficult the removal of the	17413
placard after it has been fastened to a motor vehicle.	17414

Sec. 4507.05. (A) The registrar of motor vehicles, or a	17415
deputy registrar, upon receiving an application for a temporary	17416
instruction permit and a temporary instruction permit	17417
identification card for a driver's license from any person who is	17418
at least fifteen years six months of age, may issue such a permit	17419
and identification card entitling the applicant to drive a motor	17420
vehicle, other than a commercial motor vehicle, upon the highways	17421
under the following conditions:	17422

(1) If the permit is issued to a person who is at least	17423
fifteen years six months of age, but less than sixteen years of	17424
age:	17425

(a) The permit and identification card are in the holder's	17426
immediate possession;	17427

(b) The holder is accompanied by an eligible adult who	17428
actually occupies the seat beside the permit holder and does not	17429
have a prohibited concentration of alcohol in the whole blood,	17430
blood serum or plasma, breath, or urine as provided in division	17431
(A) of section 4511.19 of the Revised Code;	17432

(c) The total number of occupants of the vehicle does not	17433
exceed the total number of occupant restraining devices originally	17434
installed in the motor vehicle by its manufacturer, and each	17435
occupant of the vehicle is wearing all of the available elements	17436
of a properly adjusted occupant restraining device.	17437

(2) If the permit is issued to a person who is at least	17438
sixteen years of age:	17439

(a) The permit and identification card are in the holder's	17440
immediate possession;	17441

(b) The holder is accompanied by a licensed operator who is	17442
at least twenty-one years of age, is actually occupying a seat	17443
beside the driver, and does not have a prohibited concentration of	17444
alcohol in the whole blood, blood serum or plasma, breath, or	17445
urine as provided in division (A) of section 4511.19 of the	17446
Revised Code;	17447

(c) The total number of occupants of the vehicle does not	17448
exceed the total number of occupant restraining devices originally	17449
installed in the motor vehicle by its manufacturer, and each	17450
occupant of the vehicle is wearing all of the available elements	17451
of a properly adjusted occupant restraining device.	17452

(B) The registrar or a deputy registrar, upon receiving from	17453
any person an application for a temporary instruction permit and	17454
temporary instruction permit identification card to operate a	17455
motorcycle, motor-driven cycle or motor scooter, or motorized	17456
bicycle, may issue such a permit and identification card entitling	17457
the applicant, while having the permit and identification card in	17458
the applicant's immediate possession, to drive a motorcycle or	17459
motor-driven cycle or motor scooter, under the restrictions	17460
prescribed in section 4511.53 of the Revised Code, or to drive a	17461
motorized bicycle under restrictions determined by the registrar.	17462
A temporary instruction permit and temporary instruction permit	17463
identification card to operate a motorized bicycle may be issued	17464
to a person fourteen or fifteen years old.	17465

(C) Any permit and identification card issued under this	17466
section shall be issued in the same manner as a driver's license,	17467
upon a form to be furnished by the registrar. A temporary	17468
instruction permit to drive a motor vehicle other than a	17469
commercial motor vehicle shall be valid for a period of one year.	17470

(D) Any person having in the person's possession a valid and	17471
current driver's license or motorcycle operator's license or	17472
endorsement issued to the person by another jurisdiction	17473
recognized by this state is exempt from obtaining a temporary	17474
instruction permit for a driver's license~~, but shall submit~~and	17475
from submitting to the examination for a temporary instruction	17476
permit and the regular examination infor obtaining a driver's	17477
license or motorcycle operator's endorsement in this state if the	17478
person does all of the following:	17479

(1) Submits to and passes vision screening as provided in	17480
section 4507.12 of the Revised Code;	17481

(2) Surrenders to the registrar or deputy registrar the	17482
person's driver's license issued by the other jurisdiction; and	17483

(3) Complies with all other applicable requirements for	17484
issuance by this state of a driver's license, driver's license	17485
with a motorcycle operator's endorsement, or restricted license to	17486
operate a motorcycle.	17487

If the person does not comply with all the requirements of	17488
this division, the person shall submit to the regular examination	17489
for obtaining a driver's license or motorcycle operator's	17490
endorsement in this state in order to obtain such a license or	17491
endorsement.	17492

(E) The registrar may adopt rules governing the use of	17493
temporary instruction permits and temporary instruction permit	17494
identification cards.	17495

(F)(1) No holder of a permit issued under division (A) of	17496
this section shall operate a motor vehicle upon a highway or any	17497
public or private property used by the public for purposes of	17498
vehicular travel or parking in violation of the conditions	17499
established under division (A) of this section.	17500

(2) Except as provided in division (F)(2) of this section, no	17501
holder of a permit that is issued under division (A) of this	17502
section and that is issued on or after July 1, 1998, and who has	17503
not attained the age of eighteen years, shall operate a motor	17504
vehicle upon a highway or any public or private property used by	17505
the public for purposes of vehicular travel or parking between the	17506
hours of midnight and six a.m.	17507

The holder of a permit issued under division (A) of this	17508
section on or after July 1, 1998, who has not attained the age of	17509
eighteen years, may operate a motor vehicle upon a highway or any	17510
public or private property used by the public for purposes of	17511
vehicular travel or parking between the hours of midnight and six	17512
a.m. if, at the time of such operation, the holder is accompanied	17513
by the holder's parent, guardian, or custodian, and the parent,	17514
guardian, or custodian holds a current valid driver's or	17515
commercial driver's license issued by this state, is actually	17516
occupying a seat beside the permit holder, and does not have a	17517
prohibited concentration of alcohol in the whole blood, blood	17518
serum or plasma, breath, or urine as provided in division (A) of	17519
section 4511.19 of the Revised Code.	17520

(G)(1) Notwithstanding any other provision of law to the	17521
contrary, no law enforcement officer shall cause the operator of a	17522
motor vehicle being operated on any street or highway to stop the	17523
motor vehicle for the sole purpose of determining whether each	17524
occupant of the motor vehicle is wearing all of the available	17525
elements of a properly adjusted occupant restraining device as	17526
required by division (A) of this section, or for the sole purpose	17527
of issuing a ticket, citation, or summons if the requirement in	17528
that division has been or is being violated, or for causing the	17529
arrest of or commencing a prosecution of a person for a violation	17530
of that requirement.	17531

(2) Notwithstanding any other provision of law to the	17532
contrary, no law enforcement officer shall cause the operator of a	17533
motor vehicle being operated on any street or highway to stop the	17534
motor vehicle for the sole purpose of determining whether a	17535
violation of division (F)(2) of this section has been or is being	17536
committed or for the sole purpose of issuing a ticket, citation,	17537
or summons for such a violation or for causing the arrest of or	17538
commencing a prosecution of a person for such violation.	17539

(H) As used in this section:

17540

(1) "Eligible adult" means any of the following:

17541

(a) An instructor of a driver training course approved by the	17542
department of public safety;	17543

(b) Any of the following persons who holds a current valid	17544
driver's or commercial driver's license issued by this state:	17545

(i) A parent, guardian, or custodian of the permit holder;

17546

(ii) A person twenty-one years of age or older who acts in	17547
loco parentis of the permit holder.	17548

(2) "Occupant restraining device" has the same meaning as in	17549
section 4513.263 of the Revised Code.	17550

(I) Whoever violates division (F)(1) or (2) of this section	17551
is guilty of a minor misdemeanor.	17552

Sec. 4511.01. As used in this chapter and in Chapter 4513.	17553
of the Revised Code:	17554

(A) "Vehicle" means every device, including a motorized	17555
bicycle, in, upon, or by which any person or property may be	17556
transported or drawn upon a highway, except that "vehicle" does	17557
not include any motorized wheelchair, any electric personal	17558
assistive mobility device, any device that is moved by power	17559
collected from overhead electric trolley wires or that is used	17560
exclusively upon stationary rails or tracks, or any device, other	17561
than a bicycle, that is moved by human power.	17562

(B) "Motor vehicle" means every vehicle propelled or drawn by	17563
power other than muscular power or power collected from overhead	17564
electric trolley wires, except motorized bicycles, road rollers,	17565
traction engines, power shovels, power cranes, and other equipment	17566
used in construction work and not designed for or employed in	17567
general highway transportation, hole-digging machinery,	17568
well-drilling machinery, ditch-digging machinery, farm machinery,	17569
and trailers designed and used exclusively to transport a boat	17570
between a place of storage and a marina, or in and around a	17571
marina, when drawn or towed on a street or highway for a distance	17572
of no more than ten miles and at a speed of twenty-five miles per	17573
hour or less.	17574

(C) "Motorcycle" means every motor vehicle, other than a	17575
tractor, having a seat or saddle for the use of the operator and	17576
designed to travel on not more than three wheels in contact with	17577
the ground, including, but not limited to, motor vehicles known as	17578
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"	17579
or "motorcycle" without regard to weight or brake horsepower.	17580

(D) "Emergency vehicle" means emergency vehicles of	17581
municipal, township, or county departments or public utility	17582
corporations when identified as such as required by law, the	17583
director of public safety, or local authorities, and motor	17584
vehicles when commandeered by a police officer.	17585

(E) "Public safety vehicle" means any of the following:

17586

(1) Ambulances, including private ambulance companies under	17587
contract to a municipal corporation, township, or county, and	17588
private ambulances and nontransport vehicles bearing license	17589
plates issued under section 4503.49 of the Revised Code;	17590

(2) Motor vehicles used by public law enforcement officers or	17591
other persons sworn to enforce the criminal and traffic laws of	17592
the state;	17593

(3) Any motor vehicle when properly identified as required by	17594
the director of public safety, when used in response to fire	17595
emergency calls or to provide emergency medical service to ill or	17596
injured persons, and when operated by a duly qualified person who	17597
is a member of a volunteer rescue service or a volunteer fire	17598
department, and who is on duty pursuant to the rules or directives	17599
of that service. The state fire marshal shall be designated by the	17600
director of public safety as the certifying agency for all public	17601
safety vehicles described in division (E)(3) of this section.	17602

(4) Vehicles used by fire departments, including motor	17603
vehicles when used by volunteer fire fighters responding to	17604
emergency calls in the fire department service when identified as	17605
required by the director of public safety.	17606

Any vehicle used to transport or provide emergency medical	17607
service to an ill or injured person, when certified as a public	17608
safety vehicle, shall be considered a public safety vehicle when	17609
transporting an ill or injured person to a hospital regardless of	17610
whether such vehicle has already passed a hospital.	17611

(5) Vehicles used by the motor carrier enforcement unit for	17612
the enforcement of orders and rules of the public utilities	17613
commission as specified in section 5503.34 of the Revised Code.	17614

(F) "School bus" means every bus designed for carrying more	17615
than nine passengers that is owned by a public, private, or	17616
governmental agency or institution of learning and operated for	17617
the transportation of children to or from a school session or a	17618
school function, or owned by a private person and operated for	17619
compensation for the transportation of children to or from a	17620
school session or a school function, provided "school bus" does	17621
not include a bus operated by a municipally owned transportation	17622
system, a mass transit company operating exclusively within the	17623
territorial limits of a municipal corporation, or within such	17624
limits and the territorial limits of municipal corporations	17625
immediately contiguous to such municipal corporation, nor a common	17626
passenger carrier certified by the public utilities commission	17627
unless such bus is devoted exclusively to the transportation of	17628
children to and from a school session or a school function, and	17629
"school bus" does not include a van or bus used by a licensed	17630
child day-care center or type A family day-care home to transport	17631
children from the child day-care center or type A family day-care	17632
home to a school if the van or bus does not have more than fifteen	17633
children in the van or bus at any time.	17634

(G) "Bicycle" means every device, other than a ~~tricycle~~	17635
device that is designed solely for use as a play vehicle by a	17636
child, that is propelled solely by human power upon which ~~any~~a	17637
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	17638
~~or one wheel in the front and two wheels in the rear, or two~~	17639
~~wheels in the front and one wheel in the rear,~~ any of which is	17640
more than fourteen inches in diameter.	17641

(H) "Motorized bicycle" or "moped" means any vehicle having	17642
either two tandem wheels or one wheel in the front and two wheels	17643
in the rear, that may be pedaled, and that is equipped with a	17644
helper motor of not more than fifty cubic centimeters piston	17645
displacement that produces no more than one brake horsepower and	17646
is capable of propelling the vehicle at a speed of no greater than	17647
twenty miles per hour on a level surface.	17648

(I) "Commercial tractor" means every motor vehicle having	17649
motive power designed or used for drawing other vehicles and not	17650
so constructed as to carry any load thereon, or designed or used	17651
for drawing other vehicles while carrying a portion of such other	17652
vehicles, or load thereon, or both.	17653

(J) "Agricultural tractor" means every self-propelling	17654
vehicle designed or used for drawing other vehicles or wheeled	17655
machinery but having no provision for carrying loads independently	17656
of such other vehicles, and used principally for agricultural	17657
purposes.	17658

(K) "Truck" means every motor vehicle, except trailers and	17659
semitrailers, designed and used to carry property.	17660

(L) "Bus" means every motor vehicle designed for carrying	17661
more than nine passengers and used for the transportation of	17662
persons other than in a ridesharing arrangement, and every motor	17663
vehicle, automobile for hire, or funeral car, other than a taxicab	17664
or motor vehicle used in a ridesharing arrangement, designed and	17665
used for the transportation of persons for compensation.	17666

(M) "Trailer" means every vehicle designed or used for	17667
carrying persons or property wholly on its own structure and for	17668
being drawn by a motor vehicle, including any such vehicle when	17669
formed by or operated as a combination of a "semitrailer" and a	17670
vehicle of the dolly type, such as that commonly known as a	17671
"trailer dolly," a vehicle used to transport agricultural produce	17672
or agricultural production materials between a local place of	17673
storage or supply and the farm when drawn or towed on a street or	17674
highway at a speed greater than twenty-five miles per hour, and a	17675
vehicle designed and used exclusively to transport a boat between	17676
a place of storage and a marina, or in and around a marina, when	17677
drawn or towed on a street or highway for a distance of more than	17678
ten miles or at a speed of more than twenty-five miles per hour.	17679

(N) "Semitrailer" means every vehicle designed or used for	17680
carrying persons or property with another and separate motor	17681
vehicle so that in operation a part of its own weight or that of	17682
its load, or both, rests upon and is carried by another vehicle.	17683

(O) "Pole trailer" means every trailer or semitrailer	17684
attached to the towing vehicle by means of a reach, pole, or by	17685
being boomed or otherwise secured to the towing vehicle, and	17686
ordinarily used for transporting long or irregular shaped loads	17687
such as poles, pipes, or structural members capable, generally, of	17688
sustaining themselves as beams between the supporting connections.	17689

(P) "Railroad" means a carrier of persons or property	17690
operating upon rails placed principally on a private right-of-way.	17691

(Q) "Railroad train" means a steam engine or an electric or	17692
other motor, with or without cars coupled thereto, operated by a	17693
railroad.	17694

(R) "Streetcar" means a car, other than a railroad train, for	17695
transporting persons or property, operated upon rails principally	17696
within a street or highway.	17697

(S) "Trackless trolley" means every car that collects its	17698
power from overhead electric trolley wires and that is not	17699
operated upon rails or tracks.	17700

(T) "Explosives" means any chemical compound or mechanical	17701
mixture that is intended for the purpose of producing an explosion	17702
that contains any oxidizing and combustible units or other	17703
ingredients in such proportions, quantities, or packing that an	17704
ignition by fire, by friction, by concussion, by percussion, or by	17705
a detonator of any part of the compound or mixture may cause such	17706
a sudden generation of highly heated gases that the resultant	17707
gaseous pressures are capable of producing destructive effects on	17708
contiguous objects, or of destroying life or limb. Manufactured	17709
articles shall not be held to be explosives when the individual	17710
units contain explosives in such limited quantities, of such	17711
nature, or in such packing, that it is impossible to procure a	17712
simultaneous or a destructive explosion of such units, to the	17713
injury of life, limb, or property by fire, by friction, by	17714
concussion, by percussion, or by a detonator, such as fixed	17715
ammunition for small arms, firecrackers, or safety fuse matches.	17716

(U) "Flammable liquid" means any liquid that has a flash	17717
point of seventy degrees fahrenheit, or less, as determined by a	17718
tagliabue or equivalent closed cup test device.	17719

(V) "Gross weight" means the weight of a vehicle plus the	17720
weight of any load thereon.	17721

(W) "Person" means every natural person, firm,	17722
co-partnership, association, or corporation.	17723

(X) "Pedestrian" means any natural person afoot.

17724

(Y) "Driver or operator" means every person who drives or is	17725
in actual physical control of a vehicle, trackless trolley, or	17726
streetcar.	17727

(Z) "Police officer" means every officer authorized to direct	17728
or regulate traffic, or to make arrests for violations of traffic	17729
regulations.	17730

(AA) "Local authorities" means every county, municipal, and	17731
other local board or body having authority to adopt police	17732
regulations under the constitution and laws of this state.	17733

(BB) "Street" or "highway" means the entire width between the	17734
boundary lines of every way open to the use of the public as a	17735
thoroughfare for purposes of vehicular travel.	17736

(CC) "Controlled-access highway" means every street or	17737
highway in respect to which owners or occupants of abutting lands	17738
and other persons have no legal right of access to or from the	17739
same except at such points only and in such manner as may be	17740
determined by the public authority having jurisdiction over such	17741
street or highway.	17742

(DD) "Private road or driveway" means every way or place in	17743
private ownership used for vehicular travel by the owner and those	17744
having express or implied permission from the owner but not by	17745
other persons.	17746

(EE) "Roadway" means that portion of a highway improved,	17747
designed, or ordinarily used for vehicular travel, except the berm	17748
or shoulder. If a highway includes two or more separate roadways	17749
the term "roadway" means any such roadway separately but not all	17750
such roadways collectively.	17751

(FF) "Sidewalk" means that portion of a street between the	17752
curb lines, or the lateral lines of a roadway, and the adjacent	17753
property lines, intended for the use of pedestrians.	17754

(GG) "Laned highway" means a highway the roadway of which is	17755
divided into two or more clearly marked lanes for vehicular	17756
traffic.	17757

(HH) "Through highway" means every street or highway as	17758
provided in section 4511.65 of the Revised Code.	17759

(II) "State highway" means a highway under the jurisdiction	17760
of the department of transportation, outside the limits of	17761
municipal corporations, provided that the authority conferred upon	17762
the director of transportation in section 5511.01 of the Revised	17763
Code to erect state highway route markers and signs directing	17764
traffic shall not be modified by sections 4511.01 to 4511.79 and	17765
4511.99 of the Revised Code.	17766

(JJ) "State route" means every highway that is designated	17767
with an official state route number and so marked.	17768

(KK) "Intersection" means:

17769

(1) The area embraced within the prolongation or connection	17770
of the lateral curb lines, or, if none, the lateral boundary lines	17771
of the roadways of two highways that join one another at, or	17772
approximately at, right angles, or the area within which vehicles	17773
traveling upon different highways that join at any other angle	17774
might come into conflict. The junction of an alley or driveway	17775
with a roadway or highway does not constitute an intersection	17776
unless the roadway or highway at the junction is controlled by a	17777
traffic control device.	17778

(2) If a highway includes two roadways that are thirty feet	17779
or more apart, then every crossing of each roadway of such divided	17780
highway by an intersecting highway constitutes a separate	17781
intersection. If both intersecting highways include two roadways	17782
thirty feet or more apart, then every crossing of any two roadways	17783
of such highways constitutes a separate intersection.	17784

(3) At a location controlled by a traffic control signal,	17785
regardless of the distance between the separate intersections as	17786
described in division (KK)(2) of this section:	17787

(a) If a stop line, yield line, or crosswalk has not been	17788
designated on the roadway within the median between the separate	17789
intersections, the two intersections and the roadway and median	17790
constitute one intersection.	17791

(b) Where a stop line, yield line, or crosswalk line is	17792
designated on the roadway on the intersection approach, the area	17793
within the crosswalk and any area beyond the designated stop line	17794
or yield line constitute part of the intersection.	17795

(c) Where a crosswalk is designated on a roadway on the	17796
departure from the intersection, the intersection includes the	17797
area that extends to the far side of the crosswalk.	17798

(LL) "Crosswalk" means:

17799

(1) That part of a roadway at intersections ordinarily	17800
included within the real or projected prolongation of property	17801
lines and curb lines or, in the absence of curbs, the edges of the	17802
traversable roadway;	17803

(2) Any portion of a roadway at an intersection or elsewhere,	17804
distinctly indicated for pedestrian crossing by lines or other	17805
markings on the surface;	17806

(3) Notwithstanding divisions (LL)(1) and (2) of this	17807
section, there shall not be a crosswalk where local authorities	17808
have placed signs indicating no crossing.	17809

(MM) "Safety zone" means the area or space officially set	17810
apart within a roadway for the exclusive use of pedestrians and	17811
protected or marked or indicated by adequate signs as to be	17812
plainly visible at all times.	17813

(NN) "Business district" means the territory fronting upon a	17814
street or highway, including the street or highway, between	17815
successive intersections within municipal corporations where fifty	17816
per cent or more of the frontage between such successive	17817
intersections is occupied by buildings in use for business, or	17818
within or outside municipal corporations where fifty per cent or	17819
more of the frontage for a distance of three hundred feet or more	17820
is occupied by buildings in use for business, and the character of	17821
such territory is indicated by official traffic control devices.	17822

(OO) "Residence district" means the territory, not comprising	17823
a business district, fronting on a street or highway, including	17824
the street or highway, where, for a distance of three hundred feet	17825
or more, the frontage is improved with residences or residences	17826
and buildings in use for business.	17827

(PP) "Urban district" means the territory contiguous to and	17828
including any street or highway which is built up with structures	17829
devoted to business, industry, or dwelling houses situated at	17830
intervals of less than one hundred feet for a distance of a	17831
quarter of a mile or more, and the character of such territory is	17832
indicated by official traffic control devices.	17833

(QQ) "Traffic control device" means a flagger, sign, signal,	17834
marking, or other device used to regulate, warn, or guide traffic,	17835
placed on, over, or adjacent to a street, highway, private road	17836
open to public travel, pedestrian facility, or shared-use path by	17837
authority of a public agency or official having jurisdiction, or,	17838
in the case of a private road open to public travel, by authority	17839
of the private owner or private official having jurisdiction.	17840

(RR) "Traffic control signal" means any highway traffic	17841
signal by which traffic is alternately directed to stop and	17842
permitted to proceed.	17843

(SS) "Railroad sign or signal" means any sign, signal, or	17844
device erected by authority of a public body or official or by a	17845
railroad and intended to give notice of the presence of railroad	17846
tracks or the approach of a railroad train.	17847

(TT) "Traffic" means pedestrians, ridden or herded animals,	17848
vehicles, streetcars, trackless trolleys, and other devices,	17849
either singly or together, while using for purposes of travel any	17850
highway or private road open to public travel.	17851

(UU) "Right-of-way" means either of the following, as the	17852
context requires:	17853

(1) The right of a vehicle, streetcar, trackless trolley, or	17854
pedestrian to proceed uninterruptedly in a lawful manner in the	17855
direction in which it or the individual is moving in preference to	17856
another vehicle, streetcar, trackless trolley, or pedestrian	17857
approaching from a different direction into its or the	17858
individual's path;	17859

(2) A general term denoting land, property, or the interest	17860
therein, usually in the configuration of a strip, acquired for or	17861
devoted to transportation purposes. When used in this context,	17862
right-of-way includes the roadway, shoulders or berm, ditch, and	17863
slopes extending to the right-of-way limits under the control of	17864
the state or local authority.	17865

(VV) "Rural mail delivery vehicle" means every vehicle used	17866
to deliver United States mail on a rural mail delivery route.	17867

(WW) "Funeral escort vehicle" means any motor vehicle,	17868
including a funeral hearse, while used to facilitate the movement	17869
of a funeral procession.	17870

(XX) "Alley" means a street or highway intended to provide	17871
access to the rear or side of lots or buildings in urban districts	17872
and not intended for the purpose of through vehicular traffic, and	17873
includes any street or highway that has been declared an "alley"	17874
by the legislative authority of the municipal corporation in which	17875
such street or highway is located.	17876

(YY) "Freeway" means a divided multi-lane highway for through	17877
traffic with all crossroads separated in grade and with full	17878
control of access.	17879

(ZZ) "Expressway" means a divided arterial highway for	17880
through traffic with full or partial control of access with an	17881
excess of fifty per cent of all crossroads separated in grade.	17882

(AAA) "Thruway" means a through highway whose entire roadway	17883
is reserved for through traffic and on which roadway parking is	17884
prohibited.	17885

(BBB) "Stop intersection" means any intersection at one or	17886
more entrances of which stop signs are erected.	17887

(CCC) "Arterial street" means any United States or state	17888
numbered route, controlled access highway, or other major radial	17889
or circumferential street or highway designated by local	17890
authorities within their respective jurisdictions as part of a	17891
major arterial system of streets or highways.	17892

(DDD) "Ridesharing arrangement" means the transportation of	17893
persons in a motor vehicle where such transportation is incidental	17894
to another purpose of a volunteer driver and includes ridesharing	17895
arrangements known as carpools, vanpools, and buspools.	17896

(EEE) "Motorized wheelchair" means any self-propelled vehicle	17897
designed for, and used by, a handicapped person and that is	17898
incapable of a speed in excess of eight miles per hour.	17899

(FFF) "Child day-care center" and "type A family day-care	17900
home" have the same meanings as in section 5104.01 of the Revised	17901
Code.	17902

(GGG) "Multi-wheel agricultural tractor" means a type of	17903
agricultural tractor that has two or more wheels or tires on each	17904
side of one axle at the rear of the tractor, is designed or used	17905
for drawing other vehicles or wheeled machinery, has no provision	17906
for carrying loads independently of the drawn vehicles or	17907
machinery, and is used principally for agricultural purposes.	17908

(HHH) "Operate" means to cause or have caused movement of a	17909
vehicle, streetcar, or trackless trolley.	17910

(III) "Predicate motor vehicle or traffic offense" means any	17911
of the following:	17912

(1) A violation of section 4511.03, 4511.051, 4511.12,	17913
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	17914
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,	17915
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,	17916
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,	17917
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,	17918
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,	17919
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,	17920
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,	17921
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,	17922
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised	17923
Code;	17924

(2) A violation of division (A)(2) of section 4511.17,	17925
divisions (A) to (D) of section 4511.51, or division (A) of	17926
section 4511.74 of the Revised Code;	17927

(3) A violation of any provision of sections 4511.01 to	17928
4511.76 of the Revised Code for which no penalty otherwise is	17929
provided in the section that contains the provision violated;	17930

(4) A violation of a municipal ordinance that is	17931
substantially similar to any section or provision set forth or	17932
described in division (III)(1), (2), or (3) of this section.	17933

(JJJ) "Road service vehicle" means wreckers, utility repair	17934
vehicles, and state, county, and municipal service vehicles	17935
equipped with visual signals by means of flashing, rotating, or	17936
oscillating lights.	17937

(KKK) "Beacon" means a highway traffic signal with one or	17938
more signal sections that operate in a flashing mode.	17939

(LLL) "Hybrid beacon" means a type of beacon that is	17940
intentionally placed in a dark mode between periods of operation	17941
where no indications are displayed and, when in operation,	17942
displays both steady and flashing traffic control signal	17943
indications.	17944

(MMM) "Highway traffic signal" means a power-operated traffic	17945
control device by which traffic is warned or directed to take some	17946
specific action. "Highway traffic signal" does not include a	17947
power-operated sign, steadily illuminated pavement marker, warning	17948
light, or steady burning electric lamp.	17949

(NNN) "Median" means the area between two roadways of a	17950
divided highway, measured from edge of traveled way to edge of	17951
traveled way, but excluding turn lanes. The width of a median may	17952
be different between intersections, between interchanges, and at	17953
opposite approaches of the same intersection.	17954

(OOO) "Private road open to public travel" means a private	17955
toll road or road, including any adjacent sidewalks that generally	17956
run parallel to the road, within a shopping center, airport,	17957
sports arena, or other similar business or recreation facility	17958
that is privately owned but where the public is allowed to travel	17959
without access restrictions. "Private road open to public travel"	17960
includes a gated toll road but does not include a road within a	17961
private gated property where access is restricted at all times, a	17962
parking area, a driving aisle within a parking area, or a private	17963
grade crossing.	17964

(PPP) "Shared-use path" means a bikeway outside the traveled	17965
way and physically separated from motorized vehicular traffic by	17966
an open space or barrier and either within the highway	17967
right-of-way or within an independent alignment. A shared-use path	17968
also may be used by pedestrians, including skaters, joggers, users	17969
of manual and motorized wheelchairs, and other authorized	17970
motorized and non-motorized users.	17971

Section 110.11. That the existing versions of sections	17972
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of the Revised	17973
Code that are scheduled to take effect January 1, 2017, are hereby	17974
repealed.	17975

Section 110.12. Sections 110.10 and 110.11 of this act take	17976
effect January 1, 2017.	17977

Section 201.10. Except as otherwise provided in this act,	17978
all appropriation items in this act are appropriated out of any	17979
moneys in the state treasury to the credit of the designated fund	17980
that are not otherwise appropriated. For all appropriations made	17981
in this act, the amounts in the first column are for fiscal year	17982
2014 and the amounts in the second column are for fiscal year	17983
2015.	17984

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

17985

FUND

TITLE

FY 2014

FY 2015

17986

Highway Operating Fund Group	17987

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	17988
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	17989
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	17990
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	17991
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	17992
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	17993
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	17994
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	17995
7002	772421	Highway Construction - State	$	603,246,763	$	605,240,020	17996
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	17997
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	17998
7002	772425	Highway Construction - Turnpike	$	200,000,000	$	300,000,000	17999
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	18000
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	18001
7002	773431	Highway Maintenance - State	$	457,665,521	$	470,006,152	18002
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	18003
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	18004
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	18005
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	18006
7002	776669	Grade Crossings - Maintenance	$	7,500,000	$	7,500,000	18007
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	18008
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	18009
7002	779491	Administration - State	$	91,218,054	$	92,543,982	18010
TOTAL HOF Highway Operating							18011
Fund Group			$	2,795,280,255	$	2,912,086,567	18012

State Special Revenue Fund Group	18013

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	18014
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	18015
TOTAL SSR State Special Revenue							18016
Fund Group			$	3,495,800	$	3,495,800	18017

Infrastructure Bank Obligations Fund Group	18018

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	18019
TOTAL 045 Infrastructure Bank							18020
Obligations Fund Group			$	96,092,215	$	97,000,000	18021

Highway Capital Improvement Fund Group	18022

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	18023
TOTAL 042 Highway Capital							18024
Improvement Fund Group			$	100,294,652	$	119,617,631	18025
TOTAL ALL BUDGET FUND GROUPS			$	2,995,162,922	$	3,132,199,998	18026

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

18028

Of the foregoing appropriation item 772421, Highway	18029
Construction – State, $5,000,000 shall be used in each fiscal year	18030
for the construction, reconstruction, or maintenance of public	18031
access roads, including support features, to and within state	18032
facilities owned or operated by the Department of Natural	18033
Resources.	18034

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	18035
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	18036

Notwithstanding section 5511.06 of the Revised Code, of the	18037
foregoing appropriation item 772421, Highway Construction – State,	18038
$2,228,000 in each fiscal year shall be used for the construction,	18039
reconstruction, or maintenance of park drives or park roads within	18040
the boundaries of metropolitan parks.	18041

The Department of Transportation may use the foregoing	18042
appropriation item 772421, Highway Construction – State, to	18043
perform related road work on behalf of the Ohio Expositions	18044
Commission at the state fairgrounds, including reconstruction or	18045
maintenance of public access roads and support features to and	18046
within fairgrounds facilities, as requested by the Commission and	18047
approved by the Director of Transportation.	18048

The Department of Transportation may use the foregoing	18049
appropriation item 772421, Highway Construction – State, to	18050
perform related road work on behalf of the Ohio Historical	18051
Society, including reconstruction or maintenance of public access	18052
roads and support features to and within Historical Society	18053
facilities, as requested by the Society and approved by the	18054
Director of Transportation.	18055

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

18056

(A) Of the foregoing appropriation item 772421, Highway	18057
Construction – State, $3,500,000 in each fiscal year shall be made	18058
available for distribution by the Director of Transportation to	18059
Transportation Improvement Districts that have facilitated funding	18060
for the cost of a project or projects in conjunction with and	18061
through other governmental agencies.	18062

(B) A Transportation Improvement District shall submit	18063
requests for project funding to the Ohio Department of	18064
Transportation not later than the first day of September in each	18065
fiscal year. The Ohio Department of Transportation shall notify	18066
the Transportation Improvement District whether the Department has	18067
approved or disapproved the project funding request within 90 days	18068
after the day the request was submitted by the Transportation	18069
Improvement District.	18070

(C) Any funding provided to a Transportation Improvement	18071
District specified in this section shall not be used for the	18072
purposes of administrative costs or administrative staffing and	18073
must be used to fund a specific project or projects within that	18074
District's area. The total amount of a specific project's cost	18075
shall not be fully funded by the amount of funds provided under	18076
this section. The total amount of funding provided for each	18077
project is limited to 10% of total project costs or $250,000 per	18078
fiscal year, whichever is greater. Transportation Improvement	18079
Districts that are co-sponsoring a specific project may	18080
individually apply for up to $250,000 for that project. However,	18081
not more than 10% of a project's total costs per biennium shall be	18082
funded through moneys provided under this section.	18083

(D) Funds provided under this section may be used for	18084
preliminary engineering, detailed design, right-of-way	18085
acquisition, and construction of the specific project and such	18086
other project costs that are defined in section 5540.01 of the	18087
Revised Code and approved by the Director of Transportation. Upon	18088
receipt of a copy of an invoice for work performed on the specific	18089
project, the Director of Transportation shall reimburse a	18090
Transportation Improvement District for the expenditures described	18091
above, subject to the requirements of this section.	18092

(E) Any Transportation Improvement District that is	18093
requesting funds under this section shall register with the	18094
Director of Transportation. The Director of Transportation shall	18095
register a Transportation Improvement District only if the	18096
district has a specific, eligible project and may cancel the	18097
registration of a Transportation Improvement District that is not	18098
eligible to receive funds under this section. The Director shall	18099
not provide funds to any Transportation Improvement District under	18100
this section if the district is not registered. The Director of	18101
Transportation shall not register a Transportation Improvement	18102
District and shall cancel the registration of a currently	18103
registered Transportation Improvement District unless at least one	18104
of the following applies:	18105

(1) The Transportation Improvement District, by a resolution	18106
or resolutions, designated a project or program of projects and	18107
facilitated, including in conjunction with and through other	18108
governmental agencies, funding for costs of a project or program	18109
of projects in an aggregate amount of not less than $10,000,000	18110
within the eight-year period commencing January 1, 2005.	18111

(2) The Transportation Improvement District, by a resolution	18112
or resolutions, designated a project or program of projects and	18113
facilitated, including in conjunction with and through other	18114
governmental agencies, funding for costs of a project or program	18115
of projects in an aggregate amount of not less than $15,000,000	18116
from the commencement date of the project or program of projects.	18117

(3) The Transportation Improvement District has designated,	18118
by a resolution or resolutions, a project or program of projects	18119
that has estimated aggregate costs in excess of $10,000,000 and	18120
the County Engineer of the county in which the Transportation	18121
Improvement District is located has attested by a sworn affidavit	18122
that the costs of the project or program of projects exceeds	18123
$10,000,000 and that the Transportation Improvement District is	18124
facilitating a portion of funding for that project or program of	18125
projects.	18126

(F) For purposes of this section:

18127

(1) "Project" shall have the same meaning as in division (D)	18128
of section 5540.01 of the Revised Code.	18129

(2) "Governmental agency" shall have the same meaning as in	18130
division (B) of section 5540.01 of the Revised Code.	18131

(3) "Cost" shall have the same meaning as in division (C) of	18132
section 5540.01 of the Revised Code.	18133

Section 203.40.10. GRADE CROSSINGS - MAINTENANCE

18134

The foregoing appropriation item 776669, Grade Crossings -	18135
Maintenance, shall be used for the maintenance of at-grade	18136
railroad highway crossings. Funds shall be used to reimburse	18137
operating railroads for grade crossing maintenance expenses in	18138
proportion to their share of at-grade railroad highway crossings	18139
in Ohio based on the Railroad Information System maintained by the	18140
Public Utilities Commission. Prior to making any expenditures from	18141
the appropriation item, the Director of Transportation, in	18142
conjunction with the Ohio Rail Development Commission, shall adopt	18143
rules under Chapter 119. of the Revised Code governing the use of	18144
moneys in the appropriation item.	18145

Section 203.50. ISSUANCE OF BONDS

18146

The Treasurer of State, upon the request of the Director of	18147
Transportation, is authorized to issue and sell, in accordance	18148
with Section 2m of Article VIII, Ohio Constitution, and Chapter	18149
151. and particularly sections 151.01 and 151.06 of the Revised	18150
Code, obligations, including bonds and notes, in the aggregate	18151
amount of $220,000,000 in addition to the original issuance of	18152
obligations authorized by prior acts of the General Assembly.	18153

The obligations shall be issued and sold from time to time in	18154
amounts necessary to provide sufficient moneys to the credit of	18155
the Highway Capital Improvement Fund (Fund 7042) created by	18156
section 5528.53 of the Revised Code to pay costs charged to the	18157
fund when due as estimated by the Director of Transportation,	18158
provided, however, that such obligations shall be issued and sold	18159
at such time or times so that not more than $220,000,000 original	18160
principal amount of obligations, plus the principal amount of	18161
obligations that in prior fiscal years could have been, but were	18162
not, issued within the $220,000,000 limit, may be issued in any	18163
fiscal year, and not more than $1,200,000,000 original principal	18164
amount of such obligations are outstanding at any one time.	18165

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	18166
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	18167
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	18168
ADMINISTRATION	18169

The Director of Budget and Management may approve requests	18170
from the Director of Transportation for transfer of Highway	18171
Operating Fund (Fund 7002) appropriations for planning and	18172
research (appropriation items 771411 and 771412), highway	18173
construction and debt service (appropriation items 772421, 772422,	18174
772424, 772425, 772437, and 772438), highway maintenance	18175
(appropriation item 773431), public transportation - federal	18176
(appropriation item 775452), elderly and disabled special	18177
equipment (appropriation item 775459), rail grade crossings	18178
(appropriation item 776462), aviation (appropriation item 777475),	18179
and administration (appropriation item 779491). The Director of	18180
Budget and Management may not make transfers out of debt service	18181
appropriation items unless the Director determines that the	18182
appropriated amounts exceed the actual and projected debt service	18183
requirements. Transfers of appropriations may be made upon the	18184
written request of the Director of Transportation and with the	18185
approval of the Director of Budget and Management. The transfers	18186
shall be reported to the Controlling Board at the next regularly	18187
scheduled meeting of the board.	18188

This transfer authority is intended to provide for emergency	18189
situations and flexibility to meet unforeseen conditions that	18190
could arise during the budget period. It also is intended to allow	18191
the department to optimize the use of available resources and	18192
adjust to circumstances affecting the obligation and expenditure	18193
of federal funds.	18194

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	18195
AVIATION, AND RAIL AND LOCAL TRANSIT	18196

The Director of Budget and Management may approve written	18197
requests from the Director of Transportation for the transfer of	18198
appropriations between appropriation items 772422, Highway	18199
Construction - Federal, 775452, Public Transportation - Federal,	18200
775454, Public Transportation - Other, 775459, Elderly and	18201
Disabled Special Equipment, 776475, Federal Rail Administration,	18202
and 777472, Airport Improvements - Federal. The transfers shall be	18203
reported to the Controlling Board at its next regularly scheduled	18204
meeting.	18205

TRANSFER OF APPROPRIATIONS - ARRA

18206

The Director of Budget and Management may approve written	18207
requests from the Director of Transportation for the transfer of	18208
appropriations between appropriation items 771412, Planning and	18209
Research – Federal, 772422, Highway Construction - Federal,	18210
772424, Highway Construction – Other, 775452, Public	18211
Transportation - Federal, 776462, Grade Crossing - Federal, and	18212
777472, Airport Improvements - Federal, based upon the	18213
requirements of the American Recovery and Reinvestment Act of 2009	18214
that apply to the money appropriated. The transfers shall be	18215
reported to the Controlling Board at its next regularly scheduled	18216
meeting.	18217

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	18218
BANK	18219

The Director of Budget and Management may approve requests	18220
from the Director of Transportation for transfer of appropriations	18221
and cash of the Infrastructure Bank funds created in section	18222
5531.09 of the Revised Code, including transfers between fiscal	18223
years 2014 and 2015. The transfers shall be reported to the	18224
Controlling Board at its next regularly scheduled meeting.	18225

The Director of Budget and Management may approve requests	18226
from the Director of Transportation for transfer of appropriations	18227
and cash from the Highway Operating Fund (Fund 7002) to the	18228
Infrastructure Bank funds created in section 5531.09 of the	18229
Revised Code. The Director of Budget and Management may transfer	18230
from the Infrastructure Bank funds to the Highway Operating Fund	18231
up to the amounts originally transferred to the Infrastructure	18232
Bank funds under this section. However, the Director may not make	18233
transfers between modes or transfers between different funding	18234
sources. The transfers shall be reported to the Controlling Board	18235
at its next regularly scheduled meeting.	18236

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

18237

The Director of Budget and Management may approve requests	18238
from the Director of Transportation for transfer of appropriations	18239
and cash of the Ohio Toll Fund and any subaccounts created in	18240
section 5531.14 of the Revised Code, including transfers between	18241
fiscal years 2014 and 2015. The transfers shall be reported to the	18242
Controlling Board at its next regularly scheduled meeting.	18243

INCREASING APPROPRIATIONS: STATE FUNDS

18244

In the event that receipts or unexpended balances credited to	18245
the Highway Operating Fund (Fund 7002) exceed the estimates upon	18246
which the appropriations have been made in this act, upon the	18247
request of the Director of Transportation, the Controlling Board	18248
may increase those appropriations in the manner prescribed in	18249
section 131.35 of the Revised Code.	18250

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

18251

In the event that receipts or unexpended balances credited to	18252
the Highway Operating Fund (Fund 7002) or apportionments or	18253
allocations made available from the federal and local government	18254
exceed the estimates upon which the appropriations have been made	18255
in this act, upon the request of the Director of Transportation,	18256
the Controlling Board may increase those appropriations in the	18257
manner prescribed in section 131.35 of the Revised Code.	18258

REAPPROPRIATIONS

18259

In each fiscal year of the biennium ending June 30, 2015, the	18260
Director of Transportation may request that the Director of Budget	18261
and Management transfer any remaining unencumbered balances of	18262
prior years' appropriations to the Highway Operating Fund (Fund	18263
7002), the Highway Capital Improvement Fund (Fund 7042), and the	18264
Infrastructure Bank funds created in section 5531.09 of the	18265
Revised Code for the same purpose in the following fiscal year. In	18266
the request, the Director of Transportation shall identify the	18267
appropriate fund and appropriation item of the transfer, the	18268
requested transfer amount. The Director of Budget and Management	18269
may request additional information necessary for evaluating the	18270
transfer request, and the Director of Transportation shall provide	18271
the requested information to the Director of Budget and	18272
Management. Based on the information provided by the Director of	18273
Transportation, the Director of Budget and Management shall	18274
determine the amount to be transferred by fund and appropriation	18275
item, and those amounts are hereby reappropriated. The Director of	18276
Transportation shall report the reappropriations to the	18277
Controlling Board.	18278

Any balances of prior years' unencumbered appropriations to	18279
the Highway Operating Fund (Fund 7002), the Highway Capital	18280
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	18281
created in section 5531.09 of the Revised Code for which the	18282
Director of Transportation requests reappropriations, and for	18283
which reappropriations are approved by the Director of Budget and	18284
Management, are subject to the availability of revenue as	18285
determined by the Director of Transportation.	18286

LIQUIDATION OF UNFORESEEN LIABILITIES

18287

Any appropriation made from the Highway Operating Fund (Fund	18288
7002) not otherwise restricted by law is available to liquidate	18289
unforeseen liabilities arising from contractual agreements of	18290
prior years when the prior year encumbrance is insufficient.	18291

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

18292

The Director of Transportation may remove snow and ice and	18293
maintain, repair, improve, or provide lighting upon interstate	18294
highways that are located within the boundaries of municipal	18295
corporations, adequate to meet the requirements of federal law.	18296
When agreed in writing by the Director of Transportation and the	18297
legislative authority of a municipal corporation and	18298
notwithstanding sections 125.01 and 125.11 of the Revised Code,	18299
the Department of Transportation may reimburse a municipal	18300
corporation for all or any part of the costs, as provided by such	18301
agreement, incurred by the municipal corporation in maintaining,	18302
repairing, lighting, and removing snow and ice from the interstate	18303
system.	18304

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

18305

The Director of Transportation may use revenues from the	18306
state motor vehicle fuel tax to match approved federal grants	18307
awarded to the Department of Transportation, regional transit	18308
authorities, or eligible public transportation systems, for public	18309
transportation highway purposes, or to support local or state	18310
funded projects for public transportation highway purposes. Public	18311
transportation highway purposes include: the construction or	18312
repair of high-occupancy vehicle traffic lanes, the acquisition or	18313
construction of park-and-ride facilities, the acquisition or	18314
construction of public transportation vehicle loops, the	18315
construction or repair of bridges used by public transportation	18316
vehicles or that are the responsibility of a regional transit	18317
authority or other public transportation system, or other similar	18318
construction that is designated as an eligible public	18319
transportation highway purpose. Motor vehicle fuel tax revenues	18320
may not be used for operating assistance or for the purchase of	18321
vehicles, equipment, or maintenance facilities.	18322

Section 203.90. The federal payments made to the state for	18323
highway infrastructure or for transit agencies under Title XII of	18324
Division A of the American Recovery and Reinvestment Act of 2009	18325
shall be deposited to the credit of the Highway Operating Fund	18326
(Fund 7002), which is created in section 5735.291 of the Revised	18327
Code.	18328

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

18329

State Highway Safety Fund Group	18330

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	18331
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	18332
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	18333
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	18334
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	18335
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	18336
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	18337
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	18338
8310	761610	Information and Education - Federal	$	300,000	$	300,000	18339
8310	764608	FARS Grant Federal	$	175,000	$	175,000	18340
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	18341
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	18342
8310	765610	EMS - Federal	$	225,000	$	225,000	18343
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	18344
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	18345
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	18346
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	18347
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	18348
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	18349
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	18350
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	18351
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	18352
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	18353
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	18354
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	18355
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	18356
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	18357
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	18358
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	18359
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	18360
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	18361
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	18362
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	18363
TOTAL HSF State Highway Safety Fund Group			$	515,450,460	$	517,434,364	18364

General Services Fund Group	18365

4P60	768601	Justice Program Services	$	900,000	$	875,000	18366
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	18367
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	18368
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	18369

Federal Special Revenue Fund Group	18370

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	18371
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	18372
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	18373
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	18374
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	18375
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	18376
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	18377
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	18378
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	18379
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	18380
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	18381
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	18382
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	18383
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	18384
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	18385

State Special Revenue Fund Group	18386

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	18387
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	18388
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	18389
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	18390
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	18391
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	18392
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	18393
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	18394
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	18395
5FL0	769634	Investigations	$	899,300	$	899,300	18396
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	18397
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	18398
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	18399
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	18400
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	18401
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	18402

Agency Fund Group	18403

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		18404
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		18405

Holding Account Redistribution Fund Group	18406

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	18407
R052	762623	Security Deposits	$	350,000	$	350,000	18408
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	18409
TOTAL ALL BUDGET FUND GROUPS			$	673,558,888	$	675,952,792	18410

MOTOR VEHICLE REGISTRATION

18411

The Registrar of Motor Vehicles may deposit revenues to meet	18412
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	18413
4W40) established in section 4501.25 of the Revised Code, obtained	18414
under sections 4503.02 and 4504.02 of the Revised Code, less all	18415
other available cash. Revenue deposited pursuant to this paragraph	18416
shall support, in part, appropriations for operating expenses and	18417
defray the cost of manufacturing and distributing license plates	18418
and license plate stickers and enforcing the law relative to the	18419
operation and registration of motor vehicles. Notwithstanding	18420
section 4501.03 of the Revised Code, the revenues shall be paid	18421
into Fund 4W40 before any revenues obtained pursuant to sections	18422
4503.02 and 4504.02 of the Revised Code are paid into any other	18423
fund. The deposit of revenues to meet the aforementioned cash	18424
needs shall be in approximately equal amounts on a monthly basis	18425
or as otherwise determined by the Director of Budget and	18426
Management pursuant to a plan submitted by the Registrar of Motor	18427
Vehicles.	18428

OPERATING EXPENSE – BMV

18429

Of the foregoing appropriation item 762321, Operating Expense	18430
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	18431
costs associated with improvements to the program to accept	18432
applications for registration transactions of apportionable	18433
vehicles electronically over the internet.	18434

OPERATING EXPENSE - INFORMATION AND EDUCATION

18435

Of the foregoing appropriation item 761321, Operating Expense	18436
– Information and Education, up to $250,000 in each fiscal year	18437
may be used to fund state employees to staff travel information	18438
centers on the border of the state.	18439

The Department of Public Safety shall conduct a study for	18440
partnering with local travel and tourism centers, as well as a	18441
study for the creation of the Ohio Ambassadors Volunteer Program	18442
at rest stops.	18443

LEASE RENTAL PAYMENTS

18444

The foregoing appropriation item 761401, Lease Rental	18445
Payments, shall be used for payments to the Treasurer of State for	18446
the period July 1, 2013, through June 30, 2015, under the primary	18447
leases and agreements for public safety related buildings. The	18448
appropriations are the source of funds pledged for bond service	18449
charges on obligations pursuant to Chapters 152. and 154. of the	18450
Revised Code.	18451

CASH TRANSFERS BETWEEN FUNDS

18452

Notwithstanding any provision of law to the contrary, the	18453
Director of Budget and Management, upon the written request of the	18454
Director of Public Safety, may transfer cash between the following	18455
six funds: the Trauma and Emergency Medical Services Fund (Fund	18456
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	18457
Fund (Fund 5FL0), the Emergency Management Agency Service and	18458
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	18459
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	18460
4W40).	18461

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	18462
PLATE CONTRIBUTION FUND	18463

On July 1, 2013, or as soon as possible thereafter, the	18464
Director of Budget and Management may transfer the cash balance in	18465
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	18466
Contribution Fund (Fund 5V10). Upon completion of the transfer,	18467
Fund 5JS0 is hereby abolished.	18468

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	18469
STATE HIGHWAY SAFETY FUND	18470

Not later than January 1, 2014, the Director of Budget and	18471
Management may transfer the cash balance in the Hilltop Utility	18472
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	18473
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	18474
abolished. The Director shall cancel any existing encumbrances	18475
against appropriation item 766661, Hilltop Utility Reimbursement,	18476
and reestablish them against appropriation item 761321, Operating	18477
Expense – Information and Education. The reestablished encumbrance	18478
amounts are hereby appropriated.	18479

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	18480
SAFETY FUND	18481

On July 1, 2013, or as soon as possible thereafter, the	18482
Director of Budget and Management shall transfer the cash balance	18483
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	18484
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	18485
Fund 8380 is abolished.	18486

STATE DISASTER RELIEF

18487

The State Disaster Relief Fund (Fund 5330) may accept	18488
transfers of cash and appropriations from Controlling Board	18489
appropriation items for Ohio Emergency Management Agency disaster	18490
response costs and disaster program management costs, and may also	18491
be used for the following purposes:	18492

(A) To accept transfers of cash and appropriations from	18493
Controlling Board appropriation items for Ohio Emergency	18494
Management Agency public assistance and mitigation program match	18495
costs to reimburse eligible local governments and private	18496
nonprofit organizations for costs related to disasters;	18497

(B) To accept and transfer cash to reimburse the costs	18498
associated with Emergency Management Assistance Compact (EMAC)	18499
deployments;	18500

(C) To accept disaster related reimbursement from federal,	18501
state, and local governments. The Director of Budget and	18502
Management may transfer cash from reimbursements received by this	18503
fund to other funds of the state from which transfers were	18504
originally approved by the Controlling Board.	18505

(D) To accept transfers of cash and appropriations from	18506
Controlling Board appropriation items to fund the State Disaster	18507
Relief Program, for disasters that qualify for the program by	18508
written authorization of the Governor, and the State Individual	18509
Assistance Program for disasters that have been declared by the	18510
federal Small Business Administration and that qualify for the	18511
program by written authorization of the Governor. The Ohio	18512
Emergency Management Agency shall publish and make available	18513
application packets outlining procedures for the State Disaster	18514
Relief Program and the State Individual Assistance Program.	18515

JUSTICE ASSISTANCE GRANT FUND

18516

The federal payments made to the state for the Byrne Justice	18517
Assistance Grants Program under Title II of Division A of the	18518
American Recovery and Reinvestment Act of 2009 shall be deposited	18519
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	18520
which is hereby created in the state treasury. All investment	18521
earnings of the fund shall be credited to the fund.	18522

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	18523
AGENCY SERVICE AND REIMBURSEMENT FUND	18524

On July 1 of each fiscal year, or as soon as possible	18525
thereafter, the Director of Budget and Management shall transfer	18526
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	18527
Emergency Management Agency Service and Reimbursement Fund (Fund	18528
4V30) to be distributed to the Ohio Task Force One – Urban Search	18529
and Rescue Unit, other similar urban search and rescue units	18530
around the state, and for the maintenance of the statewide fire	18531
emergency response plan by an entity recognized by the Ohio	18532
Emergency Management Agency.	18533

FAMILY VIOLENCE PREVENTION FUND

18534

Notwithstanding any provision of law to the contrary, in each	18535
of fiscal years 2014 and 2015, the first $750,000 received to the	18536
credit of the Family Violence Prevention Fund (Fund 5BK0) is	18537
appropriated to appropriation item 768689, Family Violence Shelter	18538
Programs, and the next $400,000 received to the credit of Fund	18539
5BK0 in each of those fiscal years is appropriated to	18540
appropriation item 768687, Criminal Justice Services - Operating.	18541
Any moneys received to the credit of Fund 5BK0 in excess of the	18542
aforementioned appropriated amounts in each fiscal year shall,	18543
upon the approval of the Controlling Board, be used to provide	18544
grants to family violence shelters in Ohio.	18545

SARA TITLE III HAZMAT PLANNING

18546

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	18547
entitled to receive grant funds from the Emergency Response	18548
Commission to implement the Emergency Management Agency's	18549
responsibilities under Chapter 3750. of the Revised Code.	18550

COLLECTIVE BARGAINING INCREASES

18551

Notwithstanding division (D) of section 127.14 and division	18552
(B) of section 131.35 of the Revised Code, except for the General	18553
Revenue Fund, the Controlling Board may, upon the request of	18554
either the Director of Budget and Management, or the Department of	18555
Public Safety with the approval of the Director of Budget and	18556
Management, authorize expenditures in excess of appropriations and	18557
transfer appropriations, as necessary, for any fund used by the	18558
Department of Public Safety, to assist in paying the costs of	18559
increases in employee compensation that have occurred pursuant to	18560
collective bargaining agreements under Chapter 4117. of the	18561
Revised Code and, for exempt employees, under section 124.152 of	18562
the Revised Code. Any money approved for expenditure under this	18563
paragraph is hereby appropriated.	18564

CASH BALANCE FUND REVIEW

18565

Not later than the first day of April in each fiscal year of	18566
the biennium, the Director of Budget and Management shall review	18567
the cash balances for each fund, except the State Highway Safety	18568
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	18569
4W40), in the State Highway Safety Fund Group, and shall recommend	18570
to the Controlling Board an amount to be transferred to the credit	18571
of Fund 7036 or Fund 4W40, as appropriate.	18572

AUTO REGISTRATION DISTRIBUTION FUND

18573

Notwithstanding the amendment by this act to section 4501.03	18574
of the Revised Code and the enactment by this act of section	18575
4501.031 of the Revised Code, any license tax assessed under	18576
Chapters 4503. or 4504. of the Revised Code, and derived from	18577
registrations processed on business days prior to July 1, 2013,	18578
shall be deposited to the state treasury to the credit of the Auto	18579
Registration Distribution Fund (Fund 7051) created by section	18580
4501.03 of the Revised Code, even if such deposit does not occur	18581
until on or after July 1, 2013. All license tax assessed on	18582
registrations under Chapters 4503. or 4504. of the Revised Code	18583
prior to July 1, 2013, shall be deposited, and distributed, in	18584
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	18585
4501.043 of the Revised Code as they existed prior to the	18586
amendments to those sections by this act.	18587

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

18588

State Special Revenue Fund Group	18589

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	18590
TOTAL SSR State Special Revenue							18591
Fund Group			$	15,199,900	$	15,199,900	18592
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	18593

ROADWORK DEVELOPMENT FUND

18594

The Roadwork Development Fund shall be used for road	18595
improvements associated with economic development opportunities	18596
that will retain or attract businesses for Ohio. "Road	18597
improvements" are improvements to public roadway facilities	18598
located on, or serving or capable of serving, a project site.	18599

The Department of Transportation, under the direction of the	18600
Development Services Agency, shall provide these funds in	18601
accordance with all guidelines and requirements established for	18602
Development Services Agency appropriation item 195623, Business	18603
Incentive Grants, including Controlling Board review and approval	18604
as well as the requirements for usage of gas tax revenue	18605
prescribed in Section 5a of Article XII, Ohio Constitution. Should	18606
the Development Services Agency require the assistance of the	18607
Department of Transportation to bring a project to completion, the	18608
Department of Transportation shall use its authority under Title	18609
LV of the Revised Code to provide such assistance and may enter	18610
into contracts on behalf of the Development Services Agency. In	18611
addition, these funds may be used in conjunction with	18612
appropriation item 195623, Business Incentive Grants, or any other	18613
state funds appropriated for infrastructure improvements.	18614

The Director of Budget and Management, pursuant to a plan	18615
submitted by the Director of Development Services or as otherwise	18616
determined by the Director of Budget and Management, shall set a	18617
cash transfer schedule to meet the cash needs of the Development	18618
Services Agency Roadwork Development Fund (Fund 4W00), less any	18619
other available cash. The Director shall transfer to the Roadwork	18620
Development Fund from the Highway Operating Fund (Fund 7002),	18621
established in section 5735.291 of the Revised Code, such amounts	18622
at such times as determined by the transfer schedule.	18623

Section 209.10. PWC PUBLIC WORKS COMMISSION

18624

Local Transportation Improvements Fund Group	18625

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	18626
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	18627
TOTAL 052 Local Transportation							18628
Improvements Fund Group			$	52,292,526	$	52,296,555	18629

Local Infrastructure Improvements Fund Group	18630

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	18631
TOTAL LIF Local Infrastructure							18632
Improvements Fund Group			$	902,579	$	909,665	18633
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	18634

PUBLIC WORKS OPERATING EXPENSES

18635

The forgoing appropriation item 150321, State Capital	18636
Improvements Program-Operating Expenses, shall be used by the Ohio	18637
Public Works Commission to administer the State Capital	18638
Improvement Program under sections 164.01 to 164.16 of the Revised	18639
Code.	18640

DISTRICT ADMINISTRATION COSTS

18641

The Director of the Public Works Commission is authorized to	18642
create a District Administration Costs Program from interest	18643
earnings of the Capital Improvements Fund and Local Transportation	18644
Improvement Program Fund proceeds. The program shall be used to	18645
provide for the direct costs of district administration of the	18646
nineteen public works districts. Districts choosing to participate	18647
in the program shall only expend State Capital Improvements Fund	18648
moneys for State Capital Improvements Fund costs and Local	18649
Transportation Improvement Program Fund moneys for Local	18650
Transportation Improvement Program Fund costs. The account shall	18651
not exceed $1,235,000 per fiscal year. Each public works district	18652
may be eligible for up to $65,000 per fiscal year from its	18653
district allocation as provided in sections 164.08 and 164.14 of	18654
the Revised Code.	18655

The Director, by rule, shall define allowable and	18656
nonallowable costs for the purpose of the District Administration	18657
Costs Program. Nonallowable costs include indirect costs, elected	18658
official salaries and benefits, and project-specific costs. No	18659
district public works committee may participate in the District	18660
Administration Costs Program without the approval of those costs	18661
by the district public works committee under section 164.04 of the	18662
Revised Code.	18663

REAPPROPRIATIONS

18664

All capital appropriations from the Local Transportation	18665
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	18666
129th General Assembly remaining unencumbered as of June 30, 2013,	18667
are reappropriated for use during the period July 1, 2013, through	18668
June 30, 2014, for the same purpose.	18669

Notwithstanding division (B) of section 127.14 of the Revised	18670
Code, all capital appropriations and reappropriations from the	18671
Local Transportation Improvement Program Fund (Fund 7052) in this	18672
act remaining unencumbered as of June 30, 2014, are reappropriated	18673
for use during the period July 1, 2014, through June 30, 2015, for	18674
the same purposes, subject to the availability of revenue as	18675
determined by the Director of the Public Works Commission.	18676

TEMPORARY TRANSFERS

18677

Notwithstanding section 127.14 of the Revised Code, the	18678
Director of the Public Works Commission may request the Director	18679
of Budget and Management to transfer moneys from the Local	18680
Transportation Improvement Fund (Fund 7052) to the State Capital	18681
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	18682
(Fund 7056). The Director of Budget and Management may approve	18683
temporary transfers if such transfers are needed for capital	18684
outlays for which notes or bonds will be issued. Any transfers	18685
executed under this section shall be reported to the Controlling	18686
Board by June 30 of the fiscal year in which the transfer	18687
occurred.	18688

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

18689

There is hereby appropriated, from those funds designated by	18690
or pursuant to the applicable proceedings authorizing the issuance	18691
of state obligations, amounts computed at the time to represent	18692
the portion of investment income to be rebated or amounts in lieu	18693
of or in addition to any rebate amount to be paid to the federal	18694
government in order to maintain the exclusion from gross income	18695
for federal income tax purposes of interest on those state	18696
obligations under section 148(f) of the Internal Revenue Code.	18697

Rebate payments shall be approved and vouchered by the Office	18698
of Budget and Management.	18699

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	18700
PURPOSES	18701

Appropriation item 725509, Parks Special Purposes, is hereby	18702
established in the General Revenue Fund with an appropriation of	18703
$14,000,000 in fiscal year 2013. The appropriation item shall be	18704
used by the Department of Natural Resources to facilitate the	18705
mutual termination of a lease agreement between the City of	18706
Cleveland and the Department of Natural Resources for Cleveland	18707
Lakefront Parks and to operate and conduct necessary upgrades	18708
solely and exclusively to (1) Edgewater Park; (2) East 55th/Gordon	18709
Park North of Interstate 90 and including the East 55th Street	18710
Department of Natural Resources Headquarters and the East 72nd	18711
Street Maintenance Facility; (3) Euclid Beach Park; and (4) Villa	18712
Angela/Wildwood Park. Any unexpended and unencumbered portion of	18713
the foregoing appropriation item remaining at the end of fiscal	18714
year 2013 shall be reappropriated for the same purposes in fiscal	18715
year 2014.	18716

Section 506.10. Notwithstanding division (A)(3) of section	18717
4501.044 and division (A)(1) of section 4501.045 of the Revised	18718
Code, commencing July 1, 2013, and extending through June 30,	18719
2014, the Director of Public Safety shall deposit the money	18720
otherwise deposited and distributed in accordance with those	18721
divisions into the State Highway Safety Fund (Fund 7036) created	18722
by section 4501.06 of the Revised Code until such time as the	18723
deposits equal a cumulative total of $35,000,000. At that point,	18724
the Director shall cease depositing any such money into Fund 7036	18725
and shall deposit and distribute that money as prescribed in	18726
division (A)(3) of section 4501.044 and division (A)(1) of section	18727
4501.045 of the Revised Code.	18728

Notwithstanding division (A)(3) of section 4501.044 and	18729
division (A)(1) of section 4501.045 of the Revised Code,	18730
commencing July 1, 2014, and extending through June 30, 2015, the	18731
Director of Public Safety shall deposit the money otherwise	18732
deposited and distributed in accordance with those divisions into	18733
the State Highway Safety Fund (Fund 7036) created by section	18734
4501.06 of the Revised Code until such time as the deposits equal	18735
a cumulative total of $35,000,000. At that point, the Director	18736
shall cease depositing any such money into Fund 7036 and shall	18737
deposit and distribute that money as prescribed in division (A)(3)	18738
of section 4501.044 and division (A)(1) of section 4501.045 of the	18739
Revised Code.	18740

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	18741
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	18742

The Director of Budget and Management shall initiate and	18743
process payments from lease rental payment appropriation items	18744
during the period from July 1, 2013, to June 30, 2015, pursuant to	18745
the lease agreements for bonds or notes issued under Section 2i of	18746
Article VIII of the Ohio Constitution and Chapters 152. and 154.	18747
of the Revised Code. Payments shall be made upon certification by	18748
the Treasurer of State of the dates and amounts due on those	18749
dates.	18750

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

18751

Certain appropriations are in this act for the purpose of	18752
lease rental and other payments under leases and agreements	18753
relating to bonds or notes issued under the Ohio Constitution and	18754
acts of the General Assembly. If it is determined that additional	18755
appropriations are necessary for this purpose, such amounts are	18756
hereby appropriated.	18757

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	18758
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	18759

Upon the request of the Director of Transportation, the	18760
Director of Budget and Management may transfer cash from the	18761
Highway Operating Fund (Fund 7002) to the Highway Capital	18762
Improvement Fund (Fund 7042) created in section 5528.53 of the	18763
Revised Code. The Director of Budget and Management may transfer	18764
cash from Fund 7042 to Fund 7002 up to the amount of cash	18765
previously transferred to Fund 7042 under this section.	18766

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

18767

The Director of Budget and Management shall transfer cash in	18768
equal monthly increments totaling $171,724,944 in fiscal year 2014	18769
and in equal monthly increments totaling $173,884,776 in fiscal	18770
year 2015 from the Highway Operating Fund (Fund 7002), created in	18771
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	18772
Fund (Fund 7060) created in division (A) of section 5735.27 of the	18773
Revised Code. The monthly amounts transferred under this section	18774
shall be distributed as follows: 42.86 per cent shall be	18775
distributed among the municipal corporations within the state	18776
under division (A)(2) of section 5735.27 of the Revised Code;	18777
37.14 per cent shall be distributed among the counties within the	18778
state under division (A)(3) of section 5735.27 of the Revised	18779
Code; and 20 per cent shall be distributed among the townships	18780
within the state under division (A)(5)(b) of section 5735.27 of	18781
the Revised Code.	18782

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

18783

On July 1, 2013, and on January 1, 2014, or as soon as	18784
possible thereafter, respectively, the Director of Budget and	18785
Management shall transfer $200,000 in cash, for each period, from	18786
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	18787
General for ODOT Fund (Fund 5FA0).	18788

On July 1, 2014, and on January 1, 2015, or as soon as	18789
possible thereafter, respectively, the Director of Budget and	18790
Management shall transfer $200,000 in cash, for each period, from	18791
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	18792
General for ODOT Fund (Fund 5FA0).	18793

Should additional amounts be necessary, the Inspector	18794
General, with the consent of the Director of Budget and	18795
Management, may seek Controlling Board approval for additional	18796
transfers of cash and to increase the amount appropriated from	18797
appropriation item 965603, Deputy Inspector General for ODOT, in	18798
the amount of the additional transfers.	18799

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	18800
129th General Assembly be amended to read as follows:	18801

Sec. 10. ~~The~~To the extent that sufficient cash is available,	18802
within three months after the receipt of moneys into the Casino	18803
Operator Settlement Fund created in section 3772.34 of the Revised	18804
Code, the Director of Budget and Management shall pay one million	18805
dollars ~~by December 31, 2012,~~ to the municipal corporation or	18806
township in which each commercial racetrack is located, including	18807
a municipal corporation or township to which a racetrack is to	18808
relocate as specified in the memorandum of understanding of	18809
February 17, 2012, between the Office of the Governor, State of	18810
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	18811
transfers, but excluding the previous municipal corporation or	18812
township of each moved track and excluding a municipal corporation	18813
or township in a county with a population between 1,100,000 and	18814
1,200,000 in the most recent federal decennial census. ~~The~~	18815
~~Director shall transfer these payments, totaling six million~~	18816
~~dollars, from the Casino Operator Settlement Fund created in~~	18817
~~section 3772.34 of the Revised Code. The Director~~Additionally,	18818
within six months after the first payments made under this	18819
section, the Director of Budget and Management shall pay an	18820
additional one million dollars ~~by June 30, 2013,~~ to each of these	18821
municipal corporations and townships~~, and shall transfer these~~	18822
~~payments, totaling six million dollars, from the Casino Operator~~	18823
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	18824
municipal corporation or township receiving such a payment shall	18825
use at least fifty per cent of the funds received for	18826
infrastructure or capital improvements. If after either of the	18827
payments referenced in this section, a municipal corporation or	18828
township loses a racetrack as a result of the racetrack permit	18829
holder's decision to relocate to another municipal corporation or	18830
township, the municipal corporation or township losing the	18831
racetrack becomes eligible for a payment from the Racetrack	18832
Facility Community Economic Redevelopment Fund provided for in	18833
Sections 7 and 8 of H.B. 386 of the 129th General Assembly after	18834
all of the communities that have already lost a racetrack permit	18835
holder's racetrack at the time the first payments referenced in	18836
this section are made have each been awarded up to $3 million for	18837
the initial loss of such racetracks. Such a municipal corporation	18838
or township shall not receive more than the sum of $3 million	18839
minus any payments made by the Director of Budget and Management	18840
in accordance with this section. The Director of Budget and	18841
Management is also authorized to establish any necessary	18842
appropriation items in the appropriate funds and agencies in order	18843
to make any payments required under this section. Any funds in	18844
such items are hereby appropriated.	18845

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	18846
of the 129th General Assembly is hereby repealed.	18847

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	18848
482 of the 129th General Assembly be amended to read as follows:	18849

Sec. 203.80. The items set forth in this section are hereby	18850
appropriated out of any moneys in the state treasury to the credit	18851
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	18852
not otherwise appropriated.	18853

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	18854

C72549	ODNR Facilities Development	$	500,000	18855
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	18856
C725E1	NatureWorks Local Park Grants	$	4,790,000	18857
C725E5	Project Planning	$	400,000	18858
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	18859
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	18860
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	18861
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	18862

Sec. 203.83. The Ohio Public Facilities Commission is hereby	18864
authorized to issue and sell, in accordance with Section 2l of	18865
Article VIII, Ohio Constitution, and Chapter 151. and particularly	18866
sections 151.01 and 151.05 of the Revised Code, original	18867
obligations in an aggregate principal amount not to exceed	18868
$~~23,000,000~~53,000,000 in addition to the original issuance of	18869
obligations heretofore authorized by prior acts of the General	18870
Assembly. These authorized obligations shall be issued, subject to	18871
applicable constitutional and statutory limitations, as needed to	18872
provide sufficient moneys to the credit of the Ohio Parks and	18873
Natural Resources Fund (Fund 7031) to pay costs of capital	18874
facilities as defined in sections 151.01 and 151.05 of the Revised	18875
Code.	18876

Section 601.21. That existing Sections 203.80 and 203.83 of	18877
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	18878

Section 701.20. To the extent permitted by federal law,	18879
federal money received by the state for fiscal stabilization and	18880
recovery purposes shall be used in accordance with the preferences	18881
for products and services made or performed in the United States	18882
and Ohio established in section 125.09 of the Revised Code.	18883

Section 737.10. Notwithstanding any provision of Chapter	18884
3769. of the Revised Code and through December 31, 2013, the State	18885
Racing Commission may issue a temporary permit to conduct live	18886
horse-racing meetings at a location where other permits to conduct	18887
live horse-racing meetings have been issued. Such permits shall be	18888
issued to a permit holder for a period not to aggregate more than	18889
one year from the first date of issuance. The Commission may adopt	18890
rules under Chapter 119. of the Revised Code to effectuate this	18891
section and to establish the procedures and conditions to apply	18892
for a temporary permit under this section.	18893

A holder of a temporary permit issued under this section	18894
during calendar year 2013 that is otherwise eligible to become a	18895
video lottery sales agent may apply to the State Lottery	18896
Commission for a video lottery sales agent license at the location	18897
where the temporary permit holder was previously issued a permit	18898
to conduct live horse racing meetings. A holder of a temporary	18899
permit issued under this section during calendar year 2013 may	18900
electronically televise simulcasts of horse races at the location	18901
where the temporary permit holder was previously issued a permit	18902
to conduct live horse racing meetings.	18903

Section 747.10. On the effective date of the amendments made	18904
to section 4765.02 of the Revised Code by this act, the member of	18905
the renamed State Board of Emergency Medical, Fire, and	18906
Transportation Services who is an administrator of an adult or	18907
pediatric trauma center shall cease to be a member of the Board.	18908
On the effective date of the amendments made to section 4765.02 of	18909
the Revised Code by this act, the member of the renamed State	18910
Board of Emergency Medical, Fire, and Transportation Services who	18911
is a member of the Ohio Ambulance Association shall cease to be a	18912
member of the Board. On the effective date of the amendments made	18913
to section 4765.02 of the Revised Code by this act, the member of	18914
the renamed State Board of Emergency Medical, Fire, and	18915
Transportation Services who is a physician certified by the	18916
American board of surgery, American board of osteopathic surgery,	18917
American osteopathic board of emergency medicine, or American	18918
board of emergency medicine, is chief medical officer of an air	18919
medical agency, and is currently active in providing emergency	18920
medical services shall cease to be a member of the Board. On the	18921
effective date of the amendments made to section 4765.02 of the	18922
Revised Code by this act, of the members of the renamed State	18923
Board of Emergency Medical, Fire, and Transportation Services who	18924
were EMTs, AEMTs, or paramedics and were appointed to the Board in	18925
that capacity, only the members who are designated by the Governor	18926
to continue to be members of the Board shall continue to be so;	18927
the other persons shall cease to be members of the Board. On the	18928
effective date of the amendments made to section 4765.02 of the	18929
Revised Code by this act, the member of the renamed State Board of	18930
Emergency Medical, Fire, and Transportation Services who is a	18931
registered nurse and is in the active practice of emergency	18932
nursing shall cease to be a member of the Board. Not later than	18933
sixty days after the effective date of those amendments, the	18934
Governor shall appoint to the renamed State Board of Emergency	18935
Medical, Fire, and Transportation Services an adult or pediatric	18936
trauma program manager or trauma program director who is involved	18937
in the daily management of a verified trauma center. The Governor	18938
shall appoint this member from among three persons nominated by	18939
the Ohio Nurses Association, three persons nominated by the Ohio	18940
Society of Trauma Nurse Leaders, and three persons nominated by	18941
the Ohio State Council of the Emergency Nurses Association.	18942

On the effective date of the amendments made to section	18943
4765.02 of the Revised Code by this act, all members of the former	18944
State Board of Emergency Medical Services who do not cease to be	18945
members of the renamed State Board of Emergency Medical, Fire, and	18946
Transportation Services by the terms of this act shall continue to	18947
be members of the renamed State Board of Emergency Medical, Fire,	18948
and Transportation Services, and the dates on which the terms of	18949
the continuing members expire shall be the dates on which their	18950
terms as members of the former State Board of Emergency Medical	18951
Services expired. On the effective date of the amendments made to	18952
section 4765.02 of the Revised Code by this act, the following	18953
members of the former Ohio Medical Transportation Board shall	18954
become members of the State Board of Emergency Medical, Fire, and	18955
Transportation Services, and the dates on which those members'	18956
terms on the State Board of Emergency Medical, Fire, and	18957
Transportation Services expire shall be as follows:	18958

The person who owns or operates a private emergency medical	18959
service organization operating in this state, as designated by the	18960
Governor, term ends November 12, 2014;	18961

The person who owns or operates a nonemergency medical	18962
service organization that provides only ambulette services, term	18963
ends November 12, 2014;	18964

The person who is a member of the Ohio Association of	18965
Critical Care Transport and represents air-based services, term	18966
ends November 12, 2015;	18967

The person who is a member of the Ohio Association of	18968
Critical Care Transport and represents a ground-based mobile	18969
intensive care unit organization, term ends November 12, 2015.	18970

All subsequent terms of office for these four positions on	18971
the State Board of Emergency Medical, Fire, and Transportation	18972
Services shall be for three years as provided in section 4765.02	18973
of the Revised Code.	18974

On July 1, 2013, the Medical Transportation Board and all of	18975
its functions are transferred to the Department of Public Safety.	18976
As of such date, the Medical Transportation Board shall operate	18977
under the Department of Public Safety, which shall assume all of	18978
the Board's functions. All assets, liabilities, any capital	18979
spending authority related thereto, and equipment and records,	18980
regardless of form or medium, related to the Medical	18981
Transportation Board's functions are transferred to the Department	18982
of Public Safety on July 1, 2013.	18983

No validation, cure, right, privilege, remedy, obligation, or	18984
liability is lost or impaired by reason of the transfer. All of	18985
the Medical Transportation Board's rules, orders, and	18986
determinations continue in effect as rules, orders, and	18987
determinations of the Department of Public Safety until modified	18988
or rescinded by the Department of Public Safety.	18989

No action or proceeding pending on July 1, 2013, is affected	18990
by the transfer and any action or proceeding pending on July 1,	18991
2013, shall be prosecuted or defended in the name of the	18992
Department of Public Safety or its director. In all such actions	18993
and proceedings, the Department of Public Safety or its director,	18994
upon application to the court, shall be substituted as a party.	18995

On or after July 1, 2013, notwithstanding any provision of	18996
law to the contrary, the Director of Budget and Management shall	18997
take any action with respect to budget changes made necessary by	18998
the transfer. The Director may transfer cash balances between	18999
funds. The Director may cancel encumbrances in 915604, Operating	19000
Expenses, and reestablish encumbrances or parts of encumbrances in	19001
765624, Operating - EMS, as needed in the fiscal year in the	19002
appropriate fund and appropriation item for the same purpose and	19003
to the same vendor. As determined by the Director, encumbrances	19004
reestablished in the fiscal year in a different fund or	19005
appropriation item used by an agency or between agencies are	19006
appropriated. The Director shall reduce each year's appropriation	19007
balances by the amount of the encumbrance canceled in their	19008
respective funds and appropriation item. Any unencumbered or	19009
unallocated appropriation balances from the previous fiscal year	19010
may be transferred to the appropriate appropriation item to be	19011
used for the same purposes, as determined by the Director. Any	19012
such transfers are hereby appropriated.	19013

This section is exempt from the referendum under Ohio	19014
Constitution, Article II, Section 1d and section 1.471 of the	19015
Revised Code and therefore takes effect immediately when this act	19016
becomes law.	19017

Section 755.10. The Director of Transportation may enter into	19018
agreements as provided in this section with the United States or	19019
any department or agency of the United States, including, but not	19020
limited to, the United States Army Corps of Engineers, the United	19021
States Forest Service, the United States Environmental Protection	19022
Agency, and the United States Fish and Wildlife Service. An	19023
agreement entered into pursuant to this section shall be solely	19024
for the purpose of dedicating staff to the expeditious and timely	19025
review of environmentally related documents submitted by the	19026
Director of Transportation, as necessary for the approval of	19027
federal permits. The agreements may include provisions for advance	19028
payment by the Director of Transportation for labor and all other	19029
identifiable costs of the United States or any department or	19030
agency of the United States providing the services, as may be	19031
estimated by the United States, or the department or agency of the	19032
United States. The Director shall submit a request to the	19033
Controlling Board indicating the amount of the agreement, the	19034
services to be performed by the United States or the department or	19035
agency of the United States, and the circumstances giving rise to	19036
the agreement.	19037

Section 755.20. There is hereby created the Joint Legislative	19038
Task Force on Department of Transportation Funding. The Task Force	19039
shall consist of three members of the House Finance and	19040
Appropriations Committee, two of whom shall be appointed by the	19041
Speaker of the House of Representatives and one of whom shall be	19042
appointed by the Minority Leader of the House of Representatives,	19043
and three members of the Senate Transportation Committee, two of	19044
whom shall be appointed by the President of the Senate and one of	19045
whom shall be appointed by the Minority Leader of the Senate.	19046

The Task Force shall examine the funding needs of the Ohio	19047
Department of Transportation. The Task Force also shall study	19048
specifically the issue of the elimination of the Ohio motor fuel	19049
tax. Not later than December 15, 2014, the Task Force shall issue	19050
a report containing its findings and recommendations to the	19051
President of the Senate, the Minority Leader of the Senate, the	19052
Speaker of the House of Representatives, and the Minority Leader	19053
of the House of Representatives. At that time, the Task Force	19054
shall cease to exist.	19055

Section 755.30. On July 1, 2013, and on the first day of the	19056
month for each month thereafter, the Treasurer of State, before	19057
making any of the distributions specified in sections 5735.23,	19058
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	19059
the first two per cent of the amount of motor fuel tax received	19060
for the preceding calendar month to the credit of the Highway	19061
Operating Fund (Fund 7002).	19062

Section 755.40. It is the intent of the General Assembly	19063
that the amendments to section 4511.21 of the Revised Code	19064
contained in Section 101.01 of this act are not to result in any	19065
decrease of any speed limit on any freeway that is in effect on	19066
the effective date of those amendments.	19067

Section 755.50. Not later than July 1, 2013, the Director of	19068
Transportation shall establish a turnpike mitigation program to	19069
assist political subdivisions through which a portion of the Ohio	19070
Turnpike passes and address concerns resulting from the proximity	19071
of the Ohio Turnpike. The program may provide monetary and other	19072
resources, and shall address conditions including noise	19073
mitigation, bridge embankments, drainage, bridge repair, grade	19074
separations, and other related conditions.	19075

The Director may consult with affected political subdivisions	19076
in assessing needs and in developing the program. Upon	19077
establishing the program, the Director shall notify affected	19078
subdivisions in an appropriate manner of the availability of the	19079
program.	19080

As used in this section, "Ohio turnpike" has the same meaning	19081
as in section 5537.26 of the Revised Code.	19082

Section 755.60. (A) The Energy Industry Infrastructure Task	19083
Force is hereby established to do both of the following:	19084

(1) Study and make recommendations to the Director of	19085
Transportation on future infrastructure projects in districts	19086
established by the Department of Transportation that are affected	19087
by the energy industry;	19088

(2) Make recommendations to the Director on infrastructure	19089
projects in those districts that support the economic development	19090
activities in the districts.	19091

(B) The Governor, with the advice and consent of the Senate,	19092
shall appoint the following members to the Task Force not later	19093
than thirty days after the effective date of this section:	19094

(1) Three representatives of the energy industry;

19095

(2) One representative of the County Commissioners	19096
Association of Ohio;	19097

(3) One representative of the Ohio Township Association;

19098

(4) One representative of the County Engineers Association of	19099
Ohio;	19100

(5) One representative of the Department;

19101

(6) One representative of the public nominated by the	19102
Director;	19103

(7) At least one representative of a district established by	19104
the Department.	19105

(C) The Task Force shall submit its recommendations to the	19106
Director by January 31, 2015. After submitting its	19107
recommendations, the Task Force ceases to exist.	19108

Section 757.10. Notwithstanding Chapter 5735. of the Revised	19109
Code, the following shall apply for the period of July 1, 2013,	19110
through June 30, 2015:	19111

(A) For the discount under section 5735.06 of the Revised	19112
Code, if the monthly report is timely filed and the tax is timely	19113
paid, one per cent of the total number of gallons of motor fuel	19114
received by the motor fuel dealer within the state during the	19115
preceding calendar month, less the total number of gallons	19116
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	19117
the Revised Code, less one-half of one per cent of the total	19118
number of gallons of motor fuel that were sold to a retail dealer	19119
during the preceding calendar month.	19120

(B) For the semiannual periods ending December 31, 2013, June	19121
30, 2014, December 31, 2014, and June 30, 2015, the refund	19122
provided to retail dealers under section 5735.141 of the Revised	19123
Code shall be one-half of one per cent of the Ohio motor fuel	19124
taxes paid on fuel purchased during those semiannual periods.	19125

Section 757.20. (A) The Department of Taxation shall notify	19126
taxpayers of the requirement to separately identify taxable gross	19127
receipts attributable to motor fuel used for propelling vehicles	19128
on public highways as distinguished from other taxable gross	19129
receipts. The Department shall collect data from taxpayers	19130
affected by the amendments to sections 5751.02, 5751.051, and	19131
5751.20 of the Revised Code to determine which of such taxpayers'	19132
receipts received between December 7, 2012, and June 30, 2013,	19133
were attributable to motor fuel used for propelling vehicles on	19134
public highways.	19135

(B)(1) On or before June 25, 2013, the Tax Commissioner shall	19136
certify to the Director of Budget and Management an estimated	19137
amount of commercial activity tax revenue received between	19138
December 7, 2012, and June 30, 2013, derived from taxable gross	19139
receipts attributable to motor fuel used for propelling vehicles	19140
on public highways. On or before June 30, 2013, the Director shall	19141
transfer the amount so certified from the General Revenue Fund to	19142
the Commercial Activity Tax Motor Fuel Receipts Fund.	19143

(2) Before the Director of Budget and Management completes	19144
the transfer required under division (B)(2) of section 5751.20 of	19145
the Revised Code on or before November 20, 2013, the Commissioner	19146
shall certify a reconciliation of the amount described in division	19147
(B)(1) of this section to the Director based on information the	19148
Commissioner receives from taxpayers affected by the amendment by	19149
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	19150
Code. The director shall use that certified, reconciled amount to	19151
offset or augment the transfer required to be made by the Director	19152
on or before November 20, 2013.	19153

(C) The Tax Commissioner shall make the first calculation and	19154
payment required under division (B)(2) of section 5751.20 of the	19155
Revised Code, as amended by this act, on or before November 20,	19156
2013, using, for the purpose of that calculation, taxable gross	19157
receipts attributed to motor fuel used for propelling vehicles on	19158
public highways as indicated by returns due by November 10, 2013.	19159

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	19160
APPROPRIATIONS	19161

Law contained in the main operating appropriations act of the	19162
130th General Assembly that is generally applicable to the	19163
appropriations made in the main operating appropriations act also	19164
is generally applicable to the appropriations made in this act.	19165

Section 801.20. As used in the uncodified law of this act,	19166
"American Recovery and Reinvestment Act of 2009" means the	19167
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	19168
111-5, 123 Stat. 115.	19169

Section 803.10. The repeal of section 3791.11 of the Revised	19170
Code does not cancel or otherwise terminate a bond that is in	19171
effect on the effective date of the repeal. Such a bond continues	19172
in effect and expires according to its terms. Upon expiration of	19173
the bond, the depositor is not required to renew the bond and any	19174
amount posted shall be returned to the depositor.	19175

Section 806.10. The items of law contained in this act, and	19176
their applications, are severable. If any item of law contained in	19177
this act, or if any application of any item of law contained in	19178
this act, is held invalid, the invalidity does not affect other	19179
items of law contained in this act and their applications that can	19180
be given effect without the invalid item or application.	19181

Section 812.10. Except as otherwise provided in this act,	19182
the amendment, enactment, or repeal by this act of a section of	19183
law is subject to the referendum under Ohio Constitution, Article	19184
II, Section 1c and therefore takes effect on the ninety-first day	19185
after this act is filed with the Secretary of State or, if a later	19186
effective date is specified below, on that date.	19187

Section 812.20. In this section, an "appropriation" includes	19188
another provision of law in this act that relates to the subject	19189
of the appropriation.	19190

An appropriation of money made in this act is not subject to	19191
the referendum insofar as a contemplated expenditure authorized	19192
thereby is wholly to meet a current expense within the meaning of	19193
Ohio Constitution, Article II, Section 1d and section 1.471 of the	19194
Revised Code. To that extent, the appropriation takes effect	19195
immediately when this act becomes law. Conversely, the	19196
appropriation is subject to the referendum insofar as a	19197
contemplated expenditure authorized thereby is wholly or partly	19198
not to meet a current expense within the meaning of Ohio	19199
Constitution, Article II, Section 1d and section 1.471 of the	19200
Revised Code. To that extent, the appropriation takes effect on	19201
the ninety-first day after this act is filed with the Secretary of	19202
State.	19203

Section 812.20.10. The amendment or enactment by this act of	19204
division (A)(3) of section 5751.051 of the Revised Code, division	19205
(J) of section 5751.20 of the Revised Code, and Section 757.20 of	19206
this act is exempt from the referendum under Ohio Constitution,	19207
Article II, Section 1d and section 1.471 of the Revised Code, and	19208
therefore takes effect immediately when this act becomes law.	19209

Section 812.20.20. The amendment by this act of sections	19210
5751.02, 5751.051, except for division (A)(3) of that section, and	19211
5751.20 of the Revised Code, except for division (J) of that	19212
section, take effect on July 1, 2013.	19213

Section 812.30. The amendment by this act of Section 10 of	19214
Am. Sub. H.B. 386 of the 129th General Assembly goes into	19215
immediate effect.	19216

Section 815.10. The General Assembly, applying the principle	19217
stated in division (B) of section 1.52 of the Revised Code that	19218
amendments are to be harmonized if reasonably capable of	19219
simultaneous operation, finds that the following sections,	19220
presented in this act as composites of the sections as amended by	19221
the acts indicated, are the resulting versions of the sections in	19222
effect prior to the effective date of the sections as presented in	19223
this act:	19224

Section 5739.02 of the Revised Code as amended by both Am.	19225
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	19226

Section 5747.01 of the Revised Code as amended by Am. H.B.	19227
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	19228
General Assembly.	19229

Section 5751.01 of the Revised Code as amended by both Am.	19230
Sub. H.B. 472 and Am. Sub. H.B. 510 of the 129th General Assembly.	19231

Section 5751.20 of the Revised Code as amended by both Am.	19232
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	19233