Bill Text: OH HB51 | 2013-2014 | 130th General Assembly | Comm Sub


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 23-3)

Status: (Passed) 2013-07-01 - Effective Date [HB51 Detail]

Download: Ohio-2013-HB51-Comm_Sub.html
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, 1
153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 2
505.37, 505.375, 505.44, 505.72, 718.01, 2913.01, 3
2913.02, 2913.51, 2937.221, 3354.13, 3355.10, 4
3357.12, 3705.242, 3791.12, 3791.13, 3791.99, 5
4501.01, 4501.03, 4501.04, 4501.041, 4501.042, 6
4501.043, 4501.06, 4503.03, 4503.04, 4503.042, 7
4503.07, 4503.103, 4503.11, 4503.19, 4503.191, 8
4503.22, 4503.42, 4503.45, 4503.49, 4504.19, 9
4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 10
4507.05, 4507.23, 4511.01, 4511.13, 4511.21, 11
4511.61, 4513.263, 4513.34, 4513.53, 4513.66, 12
4517.021, 4561.01, 4561.06, 4561.07, 4561.08, 13
4561.09, 4561.12, 4561.21, 4582.06, 4737.04, 14
4737.99, 4743.05, 4765.02, 4765.03, 4765.04, 15
4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 16
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 17
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 18
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 19
4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 20
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 21
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 22
4765.55, 4765.56, 4766.01, 4766.03, 4766.04, 23
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 24
4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 25
5501.03, 5501.17, 5501.31, 5501.51, 5501.73, 26
5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 27
5503.31, 5503.32, 5513.01, 5517.02, 5525.01, 28
5525.16, 5526.01, 5533.121, 5533.31, 5537.01, 29
5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 30
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 31
5537.12, 5537.13, 5537.14, 5537.15, 5537.16, 32
5537.17, 5537.19, 5537.20, 5537.21, 5537.22, 33
5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 34
5537.30, 5577.05, 5728.01, 5735.05, 5735.23, 35
5739.02, 5747.01, 5751.01, 5751.02, 5751.051, and 36
5751.20; to enact sections 4501.031, 4503.192, 37
4503.83, 4582.171, 4765.59, 5517.021, 5537.18, 38
5553.051, and 5577.044 ; and to repeal sections 39
126.60, 126.601, 126.602, 126.603, 126.604, 40
126.605, 3791.11, 4766.02, 4766.20, 4981.36, 41
4981.361, and 5540.151 of the Revised Code; to 42
amend Section 10 of Am. Sub. H.B. 386 of the 129th 43
General Assembly; and to amend Sections 203.80 and 44
203.83 of Sub. H.B. 482 of the 129th General 45
Assembly; to amend the versions of sections 46
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of 47
the Revised Code that are scheduled to take effect 48
January 1, 2017, to continue the amendments by 49
this act on and after that effective date; to make 50
appropriations for programs related to 51
transportation and public safety for the biennium 52
beginning July 1, 2013, and ending June 30, 2015, 53
and to provide authorization and conditions for 54
the operation of those programs.55


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
commissionthe 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 nonessential179
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; and189

       (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
commissionthe 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 Ohiostate board of 668
emergency medical, fire, and transportation boardservices 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 Ohiostate board of emergency677
medical, fire, and transportation boardservices.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 Ohiostate board of 752
emergency medical, fire, and transportation boardservices 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 Ohiostate board 761
of emergency medical, fire, and transportation boardservices.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 Ohiostate board of emergency981
medical, fire, and transportation boardservices 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 Ohiostate board of 990
emergency medical, fire, and transportation boardservices.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 Ohiostate board of emergency medical, 1089
fire, and transportation boardservices 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 Ohiostate board of emergency medical, fire, 1097
and transportation boardservices.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 Ohiostate board of 1285
emergency medical, fire, and transportation boardservices 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 Ohiostate board 1294
of emergency medical, fire, and transportation boardservices.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; and1408

        (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; or1458

       (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 divisiondivisions (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 sectionMarch 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

       (C) "Deprive" means to do any of the following: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 infrastructure2260
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 timelythe manner, as determined by the treasurer of state2304
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 Coderecords 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, theThe 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 deficiencycosts.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 tricycle2517
device that is designed solely for use as a play vehicle by a 2518
child, that is propelled solely by human power upon which anya2519
person may ride, and that has two tandemor 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 sectionssection 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
4501.034501.031 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 4501.034501.031 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. NotwithstandingAs 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-annually3307
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 ninetytwo 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 periodsone 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 seventhirty days after that 3490
date, the registrar or deputy registrar shall collect a fee of 3491
twentyten 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 seventhirty days after that 3639
date, the registrar or deputy registrar shall collect a fee of 3640
twentyten 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 seventhirty days after that 3682
date, the registrar or deputy registrar shall collect a fee of 3683
twentyten 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, 2009December 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 fiveany 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 twonot 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
applicablefollows: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 secondeach 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 fiveany number of4017
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 shallmay 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 4504.06Chapter 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 4504.06Chapter 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 Ohiostate board of 4141
emergency medical, fire, and transportation boardservices 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 himthe 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 4501.034210
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 andsection 4504.09 of the Revised 4251
Code that consists of the taxes levied under this section shall be 4252
deposited in the auto registration distributionlocal motor 4253
vehicle license tax fund created by section 4501.034501.031 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 receivedcollected under division (C)(A)(1) of this 4531
section into the state highway safetybureau of motor vehicles4532
fund established in section 4501.064501.25 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
safetybureau 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 rentalstate 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 submitand 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; and4841

       (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 safetybureau of motor vehicles fund established in 4982
section 4501.064501.25 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 tricycle5090
device that is designed solely for use as a play vehicle by a 5091
child, that is propelled solely by human power upon which anya5092
person may ride having, and that has two tandemor 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

       (C) Steady red signal indication: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 stoppinginto 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 stoppingturn 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 that5775
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 amendmentare outside 5813
urbanized areas, as designated in accordance with 23 U.S.C. 101,5814
for operators of anyall motor vehicle weighing in excess of eight 5815
thousand pounds empty weight and any noncommercial busvehicles.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-fiveseventy miles per hour 5837
upon a freeway as provided in divisionsdivision (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 divisiondivisions (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

       (c) Gravel.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 such6217

       (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, the6430
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 section6469
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 special6576
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) FeesBus 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, or6624
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, or6649
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, or6659
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 twofour6692
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 4561.1516746
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) "AirmanAirperson" 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 governmentalgovernment 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 federalany 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 anygovernment 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 Codethis 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 or6892
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, and6952
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, or6991
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 amendmentSeptember 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) or7643
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
whoeverWhoever 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
centerlocated 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 nursean adult or pediatric trauma program manager or 7844
trauma program director who is involved in the active practice of 7845
emergency nursingdaily 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 sectionand 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 oneEMT, 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-basicEMTs, three EMTs-I7874
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 oneEMT, AEMT, or paramedic, and one member shall be a 7877
paramedic whom the. The governor shall appoint these members7878
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, andEMT, 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) of7918
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, terms7940

       (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 paragraphdivision 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 transportation8216
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 divisiondivisions (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

       (c) The staffing of emergency medical service organizations.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 transportation8606
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 sectionNovember 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 sectionNovember 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 transportation8928
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 transportation9281
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 amendmentNovember 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 transportation9509
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

       (c) Adult and pediatric trauma centers;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 transportation9624
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 transportation9628
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 transportation9802
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

        (c) Conviction of a misdemeanor involving moral turpitude;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 transportation9843
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 transportation9869
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 transportation9873
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-basicEMT is certified to 9929
perform.9930

       (G) "Disaster situation" means any condition or situation 9931
described by rule of the Ohiostate board of emergency medical, 9932
fire, and transportation boardservices 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-basicEMTs, EMTs-IAEMTs, or 9936
paramedics, or a combination of EMTs-basicEMTs, EMTs-IAEMTs, 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-basicEMT," "EMT-IAEMT," and "paramedic" have the 9942
same meanings as in sectionsections 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-IAEMT 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 Ohiostate board of emergency medical, 9997
fire, and transportation boardservices 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
Ohiostate board of emergency medical, fire, and transportation 10086
boardservices 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 the10100
Ohiostate board of emergency medical, fire, and transportation 10101
boardservices 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 the10115
Ohiostate board of emergency medical, fire, and transportation 10116
boardservices 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 Ohiostate board of emergency medical, 10205
fire, and transportation boardservices 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 licensingtrauma and regulatoryemergency medical 10229
services fund, which is created by section 4743.054513.263 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 Ohiostate board of emergency medical, fire, and10239
transportation boardservices, 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 Ohiostate board of emergency10250
medical, fire, and transportation boardservices 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 Ohiostate board of emergency medical, fire, and10259
transportation boardservices 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 Ohiostate board of emergency medical, 10329
fire, and transportation board mayservices, 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 transportation10411
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 Ohio10456
state board of emergency medical, fire, and transportation board10457
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 Ohiostate board of emergency medical, 10465
fire, and transportation boardservices 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 foura 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 Ohiostate board of emergency medical, fire, and10527
transportation boardservices 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 Ohiostate board of emergency medical, 10536
fire, and transportation boardservices, 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 Ohiostate board of emergency10563
medical, fire, and transportation boardservices.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 Ohiostate board of emergency10579
medical, fire, and transportation boardservices 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 Ohiostate board of emergency10588
medical, fire, and transportation boardservices 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

       (c) Advanced life-support organization licenses;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

       (C) As used in this section: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 publiclyall 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 infrastructure11217
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 infrastructure11302
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

       (C) As used in this section: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
CodeWhen 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) TheAfter 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, providedif the total 11353
estimated cost of the completed operation, or series of connected 11354
operations, does not exceed twenty-fivethe 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 or11359
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 workcontract 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 workcontract 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

       (C) "Professional services" means any of the following: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 histhe director's11693
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 infrastructure11699
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 "turnpikeTurnpike 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 the11720
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 infrastructure11758
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 infrastructure11769
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 nineten members as 11943
follows:11944

       (a) FourSix members appointed by the governor with the 11945
advice and consent of the senate, no more than twothree 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, eachboth of whom shall be a memberserve 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. ThreeFour of the voting 12015
members of the commission constitute a quorum, and the affirmative 12016
vote of threefour 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 economic12048
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, subjectmay do the 12055
following:12056

       (A) Subject to section 5537.26 of the Revised Code, may12057
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 infrastructure12075
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) SueWith 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 infrastructure12167
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 infrastructure12274
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 turnpike12360
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 infrastructure12370
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, andor 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 infrastructure12530
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; and12626

        (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 withand 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 infrastructure12707
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 projects12767
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; and12823

        (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 commission12840
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 infrastructure12860
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 infrastructure12892
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 moneysat least12902
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 infrastructure13042
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 infrastructure13150
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 aany 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 otherwise13182
specifically acquired for that project or from sources permitted 13183
by this chapterexcess 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 interchangeprojects. 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 section13225
to operate, maintain, or market the business logo sign program13226
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

       (C) No such vehicle shall have a length in excess of: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) FortyFifty 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. The13378

       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; and15281

       (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; and15865

       (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
thereafterand 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 thea 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; or15949

       (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 yearto 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

       (c) For tax year 2008, eighty-three per cent;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

        (c) For tax year 2008, seventy-five per cent;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

       (c) For tax year 2008, zero per cent;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 tricycle16851
device that is designed solely for use as a play vehicle by a 16852
child, that is propelled solely by human power upon which anya16853
person may ride, and that has two tandemor 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 ninetytwo 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 periodsone 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 seventhirty days after that 17344
date, the registrar or deputy registrar shall collect a fee of 17345
twentyten 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 shallmay 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 submitand 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; and17483

       (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 tricycle17635
device that is designed solely for use as a play vehicle by a 17636
child, that is propelled solely by human power upon which anya17637
person may ride having, and that has two tandemor 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 TRANSPORTATION17985

FUND TITLE FY 2014 FY 2015 17986

Highway Operating Fund Group17987

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 Group18013

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 Group18018

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 Group18022

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 FACILITIES18028

        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 FACILITIES18036

        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 DISTRICTS18056

       (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 - MAINTENANCE18134

        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
ADMINISTRATION18169

       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 SAFETY18329

State Highway Safety Fund Group18330

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 Group18365

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 Group18370

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 Group18386

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 Group18403

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 Group18406

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 REGISTRATION18411

       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 – BMV18429

       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 EDUCATION18435

       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 PAYMENTS18444

       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 FUNDS18452

        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 FUND18463

       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 FUND18470

       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 FUND18481

       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 RELIEF18487

       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 FUND18516

       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 FUND18524

        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 FUND18534

        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 PLANNING18546

       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 INCREASES18551

       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 REVIEW18565

       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 FUND18573

       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 COMMISSION18624

Local Transportation Improvements Fund Group18625

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 Group18630

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 EXPENSES18635

        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 COSTS18641

       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

       REAPPROPRIATIONS18664

       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 TRANSFERS18677

       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 AUTHORIZATION18689

       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
PURPOSES18701

       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 PAYMENTS18742

        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 PAYMENTS18751

       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 FUND18759

        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 FUND18767

       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 FUNDING18783

       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. TheTo 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 DirectorAdditionally, 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
$23,000,00053,000,000 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
APPROPRIATIONS19161

       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

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