As Pending in the Senate Transportation Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 51

A BILL

To amend sections 9.33, 123.21, 126.06, 126.503,

127.14, 153.01, 153.65, 164.05, 307.05, 307.051,

307.055, 505.37, 505.375, 505.44, 505.72, 718.01,

2937.221, 3354.13, 3355.10, 3357.12, 3705.242,

3791.12, 3791.13, 3791.99, 4501.01, 4501.03,

4501.04, 4501.041, 4501.042, 4501.043, 4501.06,

4503.03, 4503.04, 4503.042, 4503.07, 4503.103,

4503.11, 4503.19, 4503.191, 4503.22, 4503.42,

4503.45, 4503.49, 4504.19, 4504.21, 4505.11,

4506.08, 4506.09, 4507.011, 4507.05, 4507.23,

4511.01, 4511.13, 4511.21, 4511.61, 4513.263,

4513.34, 4513.53, 4513.66, 4517.021, 4561.01,

4561.06, 4561.07, 4561.08, 4561.09, 4561.12,

4561.21, 4743.05, 4765.02, 4765.03, 4765.04,

4765.05, 4765.06, 4765.07, 4765.08, 4765.09,

4765.10, 4765.101, 4765.102, 4765.11, 4765.111,

4765.112, 4765.113, 4765.114, 4765.115, 4765.116,

4765.12, 4765.15, 4765.16, 4765.17, 4765.18,

4765.22, 4765.23, 4765.28, 4765.29, 4765.30,

4765.31, 4765.32, 4765.33, 4765.37, 4765.38,

4765.39, 4765.40, 4765.42, 4765.48, 4765.49,

4765.55, 4765.56, 4766.01, 4766.03, 4766.04,

4766.05, 4766.07, 4766.08, 4766.09, 4766.10,

4766.11, 4766.12, 4766.13, 4766.15, 4766.22,

5501.03, 5501.17, 5501.31, 5501.73, 5501.77,

5502.01, 5503.01, 5503.03, 5503.04, 5503.31,

5503.32, 5513.01, 5517.02, 5525.01, 5525.16,

5526.01, 5533.31, 5537.01, 5537.02, 5537.03,

5537.04, 5537.05, 5537.051, 5537.06, 5537.07,

5537.08, 5537.09, 5537.11, 5537.12, 5537.13,

5537.14, 5537.15, 5537.16, 5537.17, 5537.19,

5537.20, 5537.21, 5537.22, 5537.24, 5537.25,

5537.26, 5537.27, 5537.28, 5537.30, 5728.01,

5735.05, 5735.23, 5739.02, 5747.01, 5751.01,

5751.02, 5751.051, and 5751.20; to enact sections

4501.031, 4503.192, 4503.83, 4765.59, 5517.021,

5537.18, 5553.051, and 5577.044; and to repeal

sections 126.60, 126.601, 126.602, 126.603,

126.604, 126.605, 3791.11, 4766.02, 4766.20,

4981.36, and 4981.361 of the Revised Code; to

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

General Assembly; and to amend Sections 203.80 and

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

Assembly; to amend the versions of sections

4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of

the Revised Code that are scheduled to take effect

January 1, 2017, to continue the amendments by

this act on and after that effective date; to make

appropriations for programs related to

transportation and public safety for the biennium

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

and to provide authorization and conditions for

the operation of those programs.

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

Section 101.01. That sections 9.33, 123.21, 126.06, 126.503,	54
127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37,	55
505.375, 505.44, 505.72, 718.01, 2937.221, 3354.13, 3355.10,	56
3357.12, 3705.242, 3791.12, 3791.13, 3791.99, 4501.01, 4501.03,	57
4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.03, 4503.04,	58
4503.042, 4503.07, 4503.103, 4503.11, 4503.19, 4503.191, 4503.22,	59
4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4505.11, 4506.08,	60
4506.09, 4507.011, 4507.05, 4507.23, 4511.01, 4511.13, 4511.21,	61
4511.61, 4513.263, 4513.34, 4513.53, 4513.66, 4517.021, 4561.01,	62
4561.06, 4561.07, 4561.08, 4561.09, 4561.12, 4561.21, 4743.05,	63
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	64
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	65
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	66
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	67
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	68
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	69
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	70
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31,	71
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31,	72
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.31,	73
5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 5537.06,	74
5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13, 5537.14,	75
5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21, 5537.22,	76
5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30, 5728.01,	77
5735.05, 5735.23, 5739.02, 5747.01, 5751.01, 5751.02, 5751.051,	78
and 5751.20 be amended, and sections 4501.031, 4503.192, 4503.83,	79
4765.59, 5517.021, 5537.18, 5553.051, and 5577.044 of the Revised	80
Code be enacted to read as follows:	81

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	82
Code:	83

(A) "Construction manager" means a person with substantial	84
discretion and authority to plan, coordinate, manage, and direct	85
all phases of a project for the construction, demolition,	86
alteration, repair, or reconstruction of any public building,	87
structure, or other improvement, but does not mean the person who	88
provides the professional design services or who actually performs	89
the construction, demolition, alteration, repair, or	90
reconstruction work on the project.	91

(B)(1) "Construction manager at risk" means a person with	92
substantial discretion and authority to plan, coordinate, manage,	93
direct, and construct all phases of a project for the	94
construction, demolition, alteration, repair, or reconstruction of	95
any public building, structure, or other improvement and who	96
provides the public authority a guaranteed maximum price as	97
determined in section 9.334 of the Revised Code.	98

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

(a) "Construct" includes performing, or subcontracting for	100
performing, construction, demolition, alteration, repair, or	101
reconstruction.	102

(b) "Manage" includes approving bidders and awarding	103
subcontracts for furnishing materials regarding, or for	104
performing, construction, demolition, alteration, repair, or	105
reconstruction.	106

(C) "Construction management contract" means a contract	107
between a public authority and another person obligating the	108
person to provide construction management services.	109

(D) "Construction management services" or "management	110
services" means the range of services that either a construction	111
manager or a construction manager at risk may provide.	112

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

113

(1) Competence to perform the required management services as	114
indicated by the technical training, education, and experience of	115
the construction manager's or construction manager at risk's	116
personnel, especially the technical training, education, and	117
experience of the construction manager's or construction manager	118
at risk's employees who would be assigned to perform the services;	119

(2) Ability in terms of workload and the availability of	120
qualified personnel, equipment, and facilities to perform the	121
required management services competently and expeditiously;	122

(3) Past performance as reflected by the evaluations of	123
previous clients with respect to factors such as control of costs,	124
quality of work, and meeting of deadlines;	125

(4) Financial responsibility as evidenced by the capability	126
to provide a letter of credit pursuant to Chapter 1305. of the	127
Revised Code, a surety bond, certified check, or cashier's check	128
in an amount equal to the value of the construction management	129
contract, or by other means acceptable to the public authority;	130

(5) Other similar factors.

131

(F)(1) "Public authority" means the state, any state	132
institution of higher education as defined in section 3345.011 of	133
the Revised Code, any county, township, municipal corporation,	134
school district, or other political subdivision, or any public	135
agency, authority, board, commission, instrumentality, or special	136
purpose district of the state or of a political subdivision.	137

(2) "Public authority" does not include ~~the Ohio turnpike~~	138
~~commission~~the department of transportation.	139

(G) "Open book pricing method" means a method in which a	140
construction manager at risk provides the public authority, at the	141
public authority's request, all books, records, documents, and	142
other data in its possession pertaining to the bidding, pricing,	143
or performance of a construction management contract awarded to	144
the construction manager at risk.	145

Sec. 123.21. (A) The Ohio facilities construction commission	146
may perform any act and ensure the performance of any function	147
necessary or appropriate to carry out the purposes of, and	148
exercise the powers granted under this chapter or any other	149
provision of the Revised Code, including any of the following:	150

(1) Prepare, or contract to be prepared, by licensed	151
engineers or architects, surveys, general and detailed plans,	152
specifications, bills of materials, and estimates of cost for any	153
projects, improvements, or public buildings to be constructed by	154
state agencies that may be authorized by legislative	155
appropriations or any other funds made available therefor,	156
provided that the construction of the projects, improvements, or	157
public buildings is a statutory duty of the commission. This	158
section does not require the independent employment of an	159
architect or engineer as provided by section 153.01 of the Revised	160
Code in the cases to which section 153.01 of the Revised Code	161
applies. This section does not affect or alter the existing powers	162
of the director of transportation.	163

(2) Have general supervision over the construction of any	164
projects, improvements, or public buildings constructed for a	165
state agency and over the inspection of materials prior to their	166
incorporation into those projects, improvements, or buildings.	167

(3) Make contracts for and supervise the design and	168
construction of any projects and improvements or the construction	169
and repair of buildings under the control of a state agency. All	170
such contracts may be based in whole or in part on the unit price	171
or maximum estimated cost, with payment computed and made upon	172
actual quantities or units.	173

(4) Adopt, amend, and rescind rules pertaining to the	174
administration of the construction of the public works of the	175
state as required by law, in accordance with Chapter 119. of the	176
Revised Code.	177

(5) Contract with, retain the services of, or designate, and	178
fix the compensation of, such agents, accountants, consultants,	179
advisers, and other independent contractors as may be necessary or	180
desirable to carry out the programs authorized under this chapter,	181
or authorize the executive director to perform such powers and	182
duties.	183

(6) Receive and accept any gifts, grants, donations, and	184
pledges, and receipts therefrom, to be used for the programs	185
authorized under this chapter.	186

(7) Make and enter into all contracts, commitments, and	187
agreements, and execute all instruments, necessary or incidental	188
to the performance of its duties and the execution of its rights	189
and powers under this chapter, or authorize the executive director	190
to perform such powers and duties.	191

(8) Debar a contractor as provided in section 153.02 of the	192
Revised Code.	193

(B) The commission shall appoint, with the advice and consent	194
of the senate, and fix the compensation of an executive director	195
who shall serve at the pleasure of the commission. The executive	196
director shall exercise all powers that the commission possesses,	197
supervise the operations of the commission, and perform such other	198
duties as delegated by the commission. The executive director also	199
shall employ and fix the compensation of such employees as will	200
facilitate the activities and purposes of the commission, who	201
shall serve at the pleasure of the executive director. The	202
employees of the commission are exempt from Chapter 4117. of the	203
Revised Code and are not considered public employees as defined in	204
section 4117.01 of the Revised Code. Any agreement entered into	205
prior to July 1, 2012, between the office of collective bargaining	206
and the exclusive representative for employees of the commission	207
is binding and shall continue to have effect.	208

(C) The attorney general shall serve as the legal	209
representative for the commission and may appoint other counsel as	210
necessary for that purpose in accordance with section 109.07 of	211
the Revised Code.	212

Sec. 126.06. The total operating fund consists of all funds	213
in the state treasury except the auto registration distribution	214
fund, local motor vehicle license tax fund, development bond	215
retirement fund, facilities establishment fund, gasoline excise	216
tax fund, higher education improvement fund, highway improvement	217
bond retirement fund, highway obligations bond retirement fund,	218
highway capital improvement fund, improvements bond retirement	219
fund, mental health facilities improvement fund, parks and	220
recreation improvement fund, public improvements bond retirement	221
fund, school district income tax fund, state agency facilities	222
improvement fund, state and local government highway distribution	223
fund, state highway safety fund, Vietnam conflict compensation	224
fund, any other fund determined by the director of budget and	225
management to be a bond fund or bond retirement fund, and such	226
portion of the highway operating fund as is determined by the	227
director of budget and management and the director of	228
transportation to be restricted by Section 5a of Article XII, Ohio	229
Constitution.	230

When determining the availability of money in the total	231
operating fund to pay claims chargeable to a fund contained within	232
the total operating fund, the director of budget and management	233
shall use the same procedures and criteria the director employs in	234
determining the availability of money in a fund contained within	235
the total operating fund. The director may establish limits on the	236
negative cash balance of the general revenue fund within the total	237
operating fund, but in no case shall the negative cash balance of	238
the general revenue fund exceed ten per cent of the total revenue	239
of the general revenue fund in the preceding fiscal year.	240

Sec. 126.503. All state agencies shall control ~~nonessential~~	241
travel expenses by doing all of the following:	242

(A) Complying with any travel directives issued by the	243
director of budget and management;	244

(B) Using, when possible, the online travel authorization and	245
expense reimbursement process;	246

(C) Conducting meetings, whenever possible and in compliance	247
with section 121.22 of the Revised Code, using conference calls,	248
teleconferences, webinars, or other technology tools;	249

(D) Using fleet vehicles for official state travel whenever	250
possible; and	251

(E) Following restrictions set by the department of	252
administrative services regarding mileage reimbursement pursuant	253
to section 125.832 of the Revised Code.	254

In addition to the methods of travel expense control listed	255
above, a state agency may use a state-contracted rental vehicle	256
provider for employee vehicle travel exceeding one hundred miles.	257

The director of budget and management shall not reimburse any	258
state agency employee for unauthorized travel expenses.	259

Sec. 127.14. The controlling board may, at the request of	260
any state agency or the director of budget and management,	261
authorize, with respect to the provisions of any appropriation	262
act:	263

(A) Transfers of all or part of an appropriation within but	264
not between state agencies, except such transfers as the director	265
of budget and management is authorized by law to make, provided	266
that no transfer shall be made by the director for the purpose of	267
effecting new or changed levels of program service not authorized	268
by the general assembly;	269

(B) Transfers of all or part of an appropriation from one	270
fiscal year to another;	271

(C) Transfers of all or part of an appropriation within or	272
between state agencies made necessary by administrative	273
reorganization or by the abolition of an agency or part of an	274
agency;	275

(D) Transfers of all or part of cash balances in excess of	276
needs from any fund of the state to the general revenue fund or to	277
such other fund of the state to which the money would have been	278
credited in the absence of the fund from which the transfers are	279
authorized to be made, except that the controlling board may not	280
authorize such transfers from the accrued leave liability fund,	281
auto registration distribution fund, local motor vehicle license	282
tax fund, budget stabilization fund, development bond retirement	283
fund, facilities establishment fund, gasoline excise tax fund,	284
general revenue fund, higher education improvement fund, highway	285
improvement bond retirement fund, highway obligations bond	286
retirement fund, highway capital improvement fund, highway	287
operating fund, horse racing tax fund, improvements bond	288
retirement fund, public library fund, liquor control fund, local	289
government fund, local transportation improvement program fund,	290
mental health facilities improvement fund, Ohio fairs fund, parks	291
and recreation improvement fund, public improvements bond	292
retirement fund, school district income tax fund, state agency	293
facilities improvement fund, state and local government highway	294
distribution fund, state highway safety fund, state lottery fund,	295
undivided liquor permit fund, Vietnam conflict compensation bond	296
retirement fund, volunteer fire fighters' dependents fund,	297
waterways safety fund, wildlife fund, workers' compensation fund,	298
or any fund not specified in this division that the director of	299
budget and management determines to be a bond fund or bond	300
retirement fund;	301

(E) Transfers of all or part of those appropriations included	302
in the emergency purposes account of the controlling board;	303

(F) Temporary transfers of all or part of an appropriation or	304
other moneys into and between existing funds, or new funds, as may	305
be established by law when needed for capital outlays for which	306
notes or bonds will be issued;	307

(G) Transfer or release of all or part of an appropriation to	308
a state agency requiring controlling board approval of such	309
transfer or release as provided by law;	310

(H) Temporary transfer of funds included in the emergency	311
purposes appropriation of the controlling board. Such temporary	312
transfers may be made subject to conditions specified by the	313
controlling board at the time temporary transfers are authorized.	314
No transfers shall be made under this division for the purpose of	315
effecting new or changed levels of program service not authorized	316
by the general assembly.	317

As used in this section, "request" means an application by a	318
state agency or the director of budget and management seeking some	319
action by the controlling board.	320

When authorizing the transfer of all or part of an	321
appropriation under this section, the controlling board may	322
authorize the transfer to an existing appropriation item and the	323
creation of and transfer to a new appropriation item.	324

Whenever there is a transfer of all or part of funds included	325
in the emergency purposes appropriation by the controlling board,	326
pursuant to division (E) of this section, the state agency or the	327
director of budget and management receiving such transfer shall	328
keep a detailed record of the use of the transferred funds. At the	329
earliest scheduled meeting of the controlling board following the	330
accomplishment of the purposes specified in the request originally	331
seeking the transfer, or following the total expenditure of the	332
transferred funds for the specified purposes, the state agency or	333
the director of budget and management shall submit a report on the	334
expenditure of such funds to the board. The portion of any	335
appropriation so transferred which is not required to accomplish	336
the purposes designated in the original request to the controlling	337
board shall be returned to the proper appropriation of the	338
controlling board at this time.	339

Notwithstanding any provisions of law providing for the	340
deposit of revenues received by a state agency to the credit of a	341
particular fund in the state treasury, whenever there is a	342
temporary transfer of funds included in the emergency purposes	343
appropriation of the controlling board pursuant to division (H) of	344
this section, revenues received by any state agency receiving such	345
a temporary transfer of funds shall, as directed by the	346
controlling board, be transferred back to the emergency purposes	347
appropriation.	348

The board may delegate to the director of budget and	349
management authority to approve transfers among items of	350
appropriation under division (A) of this section.	351

Sec. 153.01. (A) Whenever any building or structure for the	352
use of the state or any institution supported in whole or in part	353
by the state or in or upon the public works of the state that is	354
administered by the Ohio facilities construction commission or by	355
any other state officer or state agency authorized by law to	356
administer a project, including an educational institution listed	357
in section 3345.50 of the Revised Code, is to be erected or	358
constructed, whenever additions, alterations, or structural or	359
other improvements are to be made, or whenever heating, cooling,	360
or ventilating plants or other equipment is to be installed or	361
material supplied therefor, the estimated cost of which amounts to	362
two hundred thousand dollars or more, or the amount determined	363
pursuant to section 153.53 of the Revised Code or more, each	364
officer, board, or other authority upon which devolves the duty of	365
constructing, erecting, altering, or installing the same, referred	366
to in sections 153.01 to 153.60 of the Revised Code as the public	367
authority, shall cause to be made, by an architect or engineer	368
whose contract of employment shall be prepared and approved by the	369
attorney general, the following:	370

(1) Full and accurate plans, suitable for the use of	371
mechanics and other builders in the construction, improvement,	372
addition, alteration, or installation;	373

(2) Details to scale and full-sized, so drawn and represented	374
as to be easily understood;	375

(3) Definite and complete specifications of the work to be	376
performed, together with directions that will enable a competent	377
mechanic or other builder to carry them out and afford bidders all	378
needful information;	379

(4) A full and accurate estimate of each item of expense and	380
the aggregate cost of those items of expense;	381

(5) A life-cycle cost analysis;

382

(6) Further data as may be required by the Ohio facilities	383
construction commission.	384

(B)(1) Division (A) of this section shall not be required	385
with respect to a construction management contract entered into	386
with a construction manager at risk as described in section 9.334	387
of the Revised Code or a design-build contract entered into with a	388
design-build firm as described in section 153.693 of the Revised	389
Code.	390

(2) Nothing in this chapter shall interfere with the power of	391
the director of transportation to prepare plans for, acquire	392
rights-of-way for, construct, or maintain transportation	393
facilities, or to let contracts for those purposes.	394

Sec. 153.65. As used in sections 153.65 to 153.73 of the	395
Revised Code:	396

(A)(1) "Public authority" means the state, a state	397
institution of higher education as defined in section 3345.011 of	398
the Revised Code, a county, township, municipal corporation,	399
school district, or other political subdivision, or any public	400
agency, authority, board, commission, instrumentality, or special	401
purpose district of the state or of a political subdivision.	402

(2) "Public authority" does not include ~~the Ohio turnpike~~	403
~~commission~~the department of transportation.	404

(B) "Professional design firm" means any person legally	405
engaged in rendering professional design services.	406

(C) "Professional design services" means services within the	407
scope of practice of an architect or landscape architect	408
registered under Chapter 4703. of the Revised Code or a	409
professional engineer or surveyor registered under Chapter 4733.	410
of the Revised Code.	411

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

412

(1)(a) For a professional design firm, competence to perform	413
the required professional design services as indicated by the	414
technical training, education, and experience of the firm's	415
personnel, especially the technical training, education, and	416
experience of the employees within the firm who would be assigned	417
to perform the services;	418

(b) For a design-build firm, competence to perform the	419
required design-build services as indicated by the technical	420
training, education, and experience of the design-build firm's	421
personnel and key consultants, especially the technical training,	422
education, and experience of the employees and consultants of the	423
design-build firm who would be assigned to perform the services,	424
including the proposed architect or engineer of record.	425

(2) Ability of the firm in terms of its workload and the	426
availability of qualified personnel, equipment, and facilities to	427
perform the required professional design services or design-build	428
services competently and expeditiously;	429

(3) Past performance of the firm as reflected by the	430
evaluations of previous clients with respect to such factors as	431
control of costs, quality of work, and meeting of deadlines;	432

(4) Any other relevant factors as determined by the public	433
authority;	434

(5) With respect to a design-build firm, compliance with	435
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	436
including the use of a licensed design professional for all design	437
services.	438

(E) "Design-build contract" means a contract between a public	439
authority and another person that obligates the person to provide	440
design-build services.	441

(F) "Design-build firm" means a person capable of providing	442
design-build services.	443

(G) "Design-build services" means services that form an	444
integrated delivery system for which a person is responsible to a	445
public authority for both the design and construction, demolition,	446
alteration, repair, or reconstruction of a public improvement.	447

(H) "Architect or engineer of record" means the architect or	448
engineer that serves as the final signatory on the plans and	449
specifications for the design-build project.	450

(I) "Criteria architect or engineer" means the architect or	451
engineer retained by a public authority to prepare conceptual	452
plans and specifications, to assist the public authority in	453
connection with the establishment of the design criteria for a	454
design-build project, and, if requested by the public authority,	455
to serve as the representative of the public authority and	456
provide, during the design-build project, other design and	457
construction administration services on behalf of the public	458
authority, including but not limited to, confirming that the	459
design prepared by the design-build firm reflects the original	460
design intent established in the design criteria package.	461

(J) "Open book pricing method" means a method in which a	462
design-build firm provides the public authority, at the public	463
authority's request, all books, records, documents, contracts,	464
subcontracts, purchase orders, and other data in its possession	465
pertaining to the bidding, pricing, or performance of a contract	466
for design-build services awarded to the design-build firm.	467

Sec. 164.05. (A) The director of the Ohio public works	468
commission shall do all of the following:	469

(1) Approve requests for financial assistance from district	470
public works integrating committees and enter into agreements with	471
one or more local subdivisions to provide loans, grants, and local	472
debt support and credit enhancements for a capital improvement	473
project if the director determines that:	474

(a) The project is an eligible project pursuant to this	475
chapter;	476

(b) The financial assistance for the project has been	477
properly approved and requested by the district committee of the	478
district which includes the recipient of the loan or grant;	479

(c) The amount of the financial assistance, when added to all	480
other financial assistance provided during the fiscal year for	481
projects within the district, does not exceed that district's	482
allocation of money from the state capital improvements fund for	483
that fiscal year;	484

(d) The district committee has provided such documentation	485
and other evidence as the director may require that the district	486
committee has satisfied the requirements of section 164.06 or	487
164.14 of the Revised Code;	488

(e) The portion of a district's annual allocation which the	489
director approves in the form of loans and local debt support and	490
credit enhancements for eligible projects is consistent with	491
divisions (E) and (F) of this section.	492

(2) Authorize payments to local subdivisions or their	493
contractors for costs incurred for capital improvement projects	494
which have been approved pursuant to this chapter. All requests	495
for payments shall be submitted to the director on forms and in	496
accordance with procedures specified in rules adopted by the	497
director pursuant to division (A)(4) of this section.	498

(3) Retain the services of or employ financial consultants,	499
engineers, accountants, attorneys, and such other employees as the	500
director determines are necessary to carry out the director's	501
duties under this chapter and fix the compensation for their	502
services;. From among these employees, the director shall appoint	503
a deputy with the necessary qualifications to act as the director	504
when the director is absent or temporarily unable to carry out the	505
duties of office.	506

(4) Adopt rules establishing the procedures for making	507
applications, reviewing, approving, and rejecting projects for	508
which assistance is authorized under this chapter, and any other	509
rules needed to implement the provisions of this chapter. Such	510
rules shall be adopted under Chapter 119. of the Revised Code.	511

(5) Provide information and other assistance to local	512
subdivisions and district public works integrating committees in	513
developing their requests for financial assistance for capital	514
improvements under this chapter and encourage cooperation and	515
coordination of requests and the development of multisubdivision	516
and multidistrict projects in order to maximize the benefits that	517
may be derived by districts from each year's allocation;	518

(6) Require local subdivisions, to the extent practicable, to	519
use Ohio products, materials, services, and labor in connection	520
with any capital improvement project financed in whole or in part	521
under this chapter;	522

(7) Notify the director of budget and management of all	523
approved projects, and supply all information necessary to track	524
approved projects through the state accounting system;	525

(8) Appoint the administrator of the Ohio small government	526
capital improvements commission;	527

(9) Do all other acts, enter into contracts, and execute all	528
instruments necessary or appropriate to carry out this chapter;	529

(10) Develop a standardized methodology for evaluating	530
capital improvement needs which will be used by local subdivisions	531
in preparing the plans required by division (C) of section 164.06	532
of the Revised Code. The director shall develop this methodology	533
not later than July 1, 1991.	534

(11) Establish a program to provide local subdivisions with	535
technical assistance in preparing project applications. The	536
program shall be designed to assist local subdivisions that lack	537
the financial or technical resources to prepare project	538
applications on their own.	539

(B) When the director of the Ohio public works commission	540
decides to conditionally approve or disapprove projects, the	541
director's decisions and the reasons for which they are made shall	542
be made in writing. These written decisions shall be conclusive	543
for the purposes of the validity and enforceability of such	544
determinations.	545

(C) Fees, charges, rates of interest, times of payment of	546
interest and principal, and other terms, conditions, and	547
provisions of and security for financial assistance provided	548
pursuant to the provisions of this chapter shall be such as the	549
director determines to be appropriate. If any payments required by	550
a loan agreement entered into pursuant to this chapter are not	551
paid, the funds which would otherwise be apportioned to the local	552
subdivision from the county undivided local government fund,	553
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	554
at the direction of the director of the Ohio public works	555
commission, be reduced by the amount payable. The county treasurer	556
shall, at the direction of the director, pay the amount of such	557
reductions to the state capital improvements revolving loan fund.	558
The director may renegotiate a loan repayment schedule with a	559
local subdivision whose payments from the county undivided local	560
government fund could be reduced pursuant to this division, but	561
such a renegotiation may occur only one time with respect to any	562
particular loan agreement.	563

(D) Grants approved for the repair and replacement of	564
existing infrastructure pursuant to this chapter shall not exceed	565
ninety per cent of the estimated total cost of the capital	566
improvement project. Grants approved for new or expanded	567
infrastructure shall not exceed fifty per cent of the estimated	568
cost of the new or expansion elements of the capital improvement	569
project. A local subdivision share of the estimated cost of a	570
capital improvement may consist of any of the following:	571

(1) The reasonable value, as determined by the director or	572
the administrator, of labor, materials, and equipment that will be	573
contributed by the local subdivision in performing the capital	574
improvement project;	575

(2) Moneys received by the local subdivision in any form from	576
an authority, commission, or agency of the United States for use	577
in performing the capital improvement project;	578

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

579

(4) Engineering costs incurred by the local subdivision in	580
performing engineering activities related to the project.	581

A local subdivision share of the cost of a capital	582
improvement shall not include any amounts awarded to it from the	583
local transportation improvement program fund created in section	584
164.14 of the Revised Code.	585

(E) The following portion of a district public works	586
integrating committee's annual allocation share pursuant to	587
section 164.08 of the Revised Code may be awarded to subdivisions	588
only in the form of interest-free, low-interest, market rate of	589
interest, or blended-rate loans:	590

YEAR IN WHICH	PORTION USED FOR	591
MONEYS ARE ALLOCATED	LOANS	592
Year 1	0%	593
Year 2	0%	594
Year 3	10%	595
Year 4	12%	596
Year 5	15%	597
Year 6	20%	598
Year 7, 8, 9, and 10	22%	599

(F) The following portion of a district public works	600
integrating committee's annual allocation pursuant to section	601
164.08 of the Revised Code shall be awarded to subdivisions in the	602
form of local debt supported and credit enhancements:	603

	PORTIONS USED FOR	604
YEAR IN WHICH	LOCAL DEBT SUPPORT	605
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	606
Year 1	0%	607
Year 2	0%	608
Year 3	3%	609
Year 4	5%	610
Year 5	5%	611
Year 6	7%	612
Year 7	7%	613
Year 8	8%	614
Year 9	8%	615
Year 10	8%	616

(G) For the period commencing on March 29, 1988, and ending	617
on June 30, 1993, for the period commencing July 1, 1993, and	618
ending June 30, 1999, and for each five-year period thereafter,	619
the total amount of financial assistance awarded under sections	620
164.01 to 164.08 of the Revised Code for capital improvement	621
projects located wholly or partially within a county shall be	622
equal to at least thirty per cent of the amount of what the county	623
would have been allocated from the obligations authorized to be	624
sold under this chapter during each period, if such amounts had	625
been allocable to each county on a per capita basis.	626

(H) The amount of the annual allocations made pursuant to	627
divisions (B)(1) and (5) of section 164.08 of the Revised Code	628
which can be used for new or expanded infrastructure is limited as	629
follows:	630

	PORTION WHICH MAY	631
YEAR IN WHICH	BE USED FOR NEW OR	632
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	633
Year 1	5%	634
Year 2	5%	635
Year 3	10%	636
Year 4	10%	637
Year 5	10%	638
Year 6	15%	639
Year 7	15%	640
Year 8	20%	641
Year 9	20%	642
Year 10 and each year		643
thereafter	20%	644

(I) The following portion of a district public works	645
integrating committee's annual allocation share pursuant to	646
section 164.08 of the Revised Code shall be awarded to	647
subdivisions in the form of interest-free, low-interest, market	648
rate of interest, or blended-rate loans, or local debt support and	649
credit enhancements:	650

	PORTION USED FOR LOANS	651
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	652
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	653
Year 11 and each year		654
thereafter	20%	655

(J) No project shall be approved under this section unless	656
the project is designed to have a useful life of at least seven	657
years. In addition, the average useful life of all projects for	658
which grants or loans are awarded in each district during a	659
program year shall not be less than twenty years.	660

Sec. 307.05. As used in this section, "emergency medical	661
service organization" has the same meaning as in section 4765.01	662
of the Revised Code.	663

A board of county commissioners may operate an ambulance	664
service organization or emergency medical service organization,	665
or, in counties with a population of forty thousand or less, may	666
operate a nonemergency patient transport service organization, or	667
may enter into a contract with one or more counties, townships,	668
municipal corporations, nonprofit corporations, joint emergency	669
medical services districts, fire and ambulance districts, or	670
private ambulance owners, regardless of whether such counties,	671
townships, municipal corporations, nonprofit corporations, joint	672
emergency medical services districts, fire and ambulance	673
districts, or private ambulance owners are located within or	674
without the state, in order to furnish or obtain the services of	675
ambulance service organizations, to furnish or obtain additional	676
services from ambulance service organizations in times of	677
emergency, to furnish or obtain the services of emergency medical	678
service organizations, or, in counties with a population of forty	679
thousand or less, to furnish or obtain services of nonemergency	680
patient transport service organizations, or may enter into a	681
contract with any such entity to furnish or obtain the interchange	682
of services from ambulance or emergency medical service	683
organizations, or, within counties with a population of forty	684
thousand or less, to furnish or obtain the interchange of services	685
from nonemergency patient transport service organizations, within	686
the territories of the contracting subdivisions. Except in the	687
case of a contract with a joint emergency medical services	688
district to obtain the services of emergency medical service	689
organizations, such contracts shall not be entered into with a	690
public agency or nonprofit corporation that receives more than	691
half of its operating funds from governmental entities with the	692
intention of directly competing with the operation of other	693
ambulance service organizations, nonemergency patient transport	694
service organizations, or emergency medical service organizations	695
in the county unless the public agency or nonprofit corporation is	696
awarded the contract after submitting the lowest and best bid to	697
the board of county commissioners. Any county wishing to commence	698
operation of a nonemergency patient transport service organization	699
or wishing to enter into a contract for the first time to furnish	700
or obtain services from a nonemergency patient transport service	701
organization on or after March 1, 1993, including a county in	702
which a private provider has been providing the service, shall	703
demonstrate the need for public funding for the service to, and	704
obtain approval from, the state board of emergency medical, fire,	705
and transportation services or its immediate successor board prior	706
to operating or funding the organization.	707

When such an organization is operated by the board, the	708
organization may be administered by the board, by the county	709
sheriff, or by another county officer or employee designated by	710
the board. All rules, including the determining of reasonable	711
rates, necessary for the establishment, operation, and maintenance	712
of such an organization shall be adopted by the board.	713

A contract for services of an ambulance service, nonemergency	714
patient transport service, or emergency medical service	715
organization shall include the terms, conditions, and stipulations	716
as agreed to by the parties to the contract. It may provide for a	717
fixed annual charge to be paid at the times agreed upon and	718
stipulated in the contract, or for compensation based upon a	719
stipulated price for each run, call, or emergency or the number of	720
persons or pieces of apparatus employed, or the elapsed time of	721
service required in such run, call, or emergency, or any	722
combination thereof.	723

Sec. 307.051. As used in this section, "emergency medical	724
service organization" has the same meaning as in section 4766.01	725
of the Revised Code.	726

A board of county commissioners, by adoption of an	727
appropriate resolution, may choose to have the ~~Ohio~~state board of	728
emergency medical, fire, and transportation ~~board~~services license	729
any emergency medical service organization it operates. If a board	730
adopts such a resolution, Chapter 4766. of the Revised Code,	731
except for sections 4766.06 and 4766.99 of the Revised Code,	732
applies to the county emergency medical service organization. All	733
rules adopted under the applicable sections of that chapter also	734
apply to the organization. A board, by adoption of an appropriate	735
resolution, may remove its emergency medical service organization	736
from the jurisdiction of the ~~Ohio~~state board of emergency	737
medical, fire, and transportation ~~board~~services.	738

Sec. 307.055. (A) Subject to the terms and conditions of the	739
joint resolution creating it, each joint emergency medical	740
services district may furnish ambulance services and emergency	741
medical services by one of the following methods:	742

(1) By operating an emergency medical service organization as	743
defined in section 4765.01 of the Revised Code;	744

(2) By contracting for the operation of one or more	745
facilities pursuant to division (C) or (D) of this section;	746

(3) By providing necessary services and equipment to the	747
district either directly or under a contract entered into pursuant	748
to division (B) of this section;	749

(4) By providing service through any combination of methods	750
described in divisions (A)(1) to (3) of this section.	751

(B) In order to obtain ambulance service, to obtain	752
additional ambulance service in times of emergency, or to obtain	753
emergency medical services, a joint emergency medical services	754
district may enter into a contract, for a period not to exceed	755
three years, with one or more counties, townships, municipal	756
corporations, joint fire districts, other governmental units that	757
provide ambulance service or emergency medical services, nonprofit	758
corporations, or private ambulance owners, regardless of whether	759
the entities contracted with are located within or outside this	760
state, upon such terms as are agreed to, to furnish or receive	761
ambulance services or the interchange of ambulance services or	762
emergency medical services within the several territories of the	763
contracting subdivisions, if the contract is first authorized by	764
all boards of trustees and legislative authorities in the	765
territories to be served.	766

Such a contract may provide for a fixed annual charge to be	767
paid at the times agreed upon and stipulated in the contract; or	768
for compensation based on a stipulated price for each run, call,	769
or emergency or based on the elapsed time of service required for	770
each run, call, or emergency, or based on any combination of	771
these.	772

Expenditures of a district for ambulance service or emergency	773
medical service, whether pursuant to contract or otherwise, are	774
lawful expenditures, regardless of whether the district or the	775
party with which it contracts charges an additional fee to users	776
of the service.	777

(C) The board of trustees may enter into a contract with any	778
person, municipal corporation, township, or other political	779
subdivision, and any political subdivision may contract with the	780
board, for the operation and maintenance of emergency medical	781
services facilities regardless of whether the facilities used are	782
owned or leased by the district, by another political subdivision,	783
or by the contractor.	784

(D) The district may purchase, lease, and maintain all	785
materials, buildings, land, and equipment, including vehicles, the	786
board considers necessary for the district.	787

When the board finds, by resolution, that the district has	788
personal property that is not needed for public use, or is	789
obsolete or unfit for the use for which it was acquired, the board	790
may dispose of the property in the same manner as provided in	791
section 307.12 of the Revised Code.	792

(E) Except in the case of a contract with a board of county	793
commissioners for the provision of services of an emergency	794
medical service organization, any contract entered into by a joint	795
emergency medical services district shall conform to the same	796
bidding requirements that apply to county contracts under sections	797
307.86 to 307.92 of the Revised Code.	798

(F) A county participating in a joint district may contribute	799
any of its rights or interests in real or personal property,	800
including money, and may contribute services to the district. Any	801
such contributions shall be made by a written agreement between	802
the contributing county and the district, specifying the	803
contribution as well as the rights of the participating counties	804
in the contributed property. Written agreements shall also be	805
prepared specifying the rights of participating counties in	806
property acquired by the district other than by contribution of a	807
participating county. Written agreements required by this division	808
may be amended only by written agreement of all parties to the	809
original agreement.	810

(G) A district's board of trustees, by adoption of an	811
appropriate resolution, may choose to have the ~~Ohio~~state board of	812
emergency medical, fire, and transportation ~~board~~services license	813
any emergency medical service organization the district operates.	814
If a board adopts such a resolution, Chapter 4766. of the Revised	815
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	816
applies to the district emergency medical service organization.	817
All rules adopted under the applicable sections of that chapter	818
also apply to the organization. A board, by adoption of an	819
appropriate resolution, may remove the district emergency medical	820
service organization from the jurisdiction of the ~~Ohio~~state board	821
of emergency medical, fire, and transportation ~~board~~services.	822

Sec. 505.37. (A) The board of township trustees may	823
establish all necessary rules to guard against the occurrence of	824
fires and to protect the property and lives of the citizens	825
against damage and accidents, and may, with the approval of the	826
specifications by the prosecuting attorney or, if the township has	827
adopted limited home rule government under Chapter 504. of the	828
Revised Code, with the approval of the specifications by the	829
township's law director, purchase, lease, lease with an option to	830
purchase, or otherwise provide any fire apparatus, mechanical	831
resuscitators, or other equipment, appliances, materials, fire	832
hydrants, and water supply for fire-fighting purposes that seems	833
advisable to the board. The board shall provide for the care and	834
maintenance of fire equipment, and, for these purposes, may	835
purchase, lease, lease with an option to purchase, or construct	836
and maintain necessary buildings, and it may establish and	837
maintain lines of fire-alarm communications within the limits of	838
the township. The board may employ one or more persons to maintain	839
and operate fire-fighting equipment, or it may enter into an	840
agreement with a volunteer fire company for the use and operation	841
of fire-fighting equipment. The board may compensate the members	842
of a volunteer fire company on any basis and in any amount that it	843
considers equitable.	844

When the estimated cost to purchase fire apparatus,	845
mechanical resuscitators, other equipment, appliances, materials,	846
fire hydrants, buildings, or fire-alarm communications equipment	847
or services exceeds fifty thousand dollars, the contract shall be	848
let by competitive bidding. When competitive bidding is required,	849
the board shall advertise once a week for not less than two	850
consecutive weeks in a newspaper of general circulation within the	851
township. The board may also cause notice to be inserted in trade	852
papers or other publications designated by it or to be distributed	853
by electronic means, including posting the notice on the board's	854
internet web site. If the board posts the notice on its web site,	855
it may eliminate the second notice otherwise required to be	856
published in a newspaper of general circulation within the	857
township, provided that the first notice published in such	858
newspaper meets all of the following requirements:	859

(1) It is published at least two weeks before the opening of	860
bids.	861

(2) It includes a statement that the notice is posted on the	862
board's internet web site.	863

(3) It includes the internet address of the board's internet	864
web site.	865

(4) It includes instructions describing how the notice may be	866
accessed on the board's internet web site.	867

The advertisement shall include the time, date, and place	868
where the clerk of the township, or the clerk's designee, will	869
read bids publicly. The time, date, and place of bid openings may	870
be extended to a later date by the board of township trustees,	871
provided that written or oral notice of the change shall be given	872
to all persons who have received or requested specifications not	873
later than ninety-six hours prior to the original time and date	874
fixed for the opening. The board may reject all the bids or accept	875
the lowest and best bid, provided that the successful bidder meets	876
the requirements of section 153.54 of the Revised Code when the	877
contract is for the construction, demolition, alteration, repair,	878
or reconstruction of an improvement.	879

(B) The boards of township trustees of any two or more	880
townships, or the legislative authorities of any two or more	881
political subdivisions, or any combination of these, may, through	882
joint action, unite in the joint purchase, lease, lease with an	883
option to purchase, maintenance, use, and operation of	884
fire-fighting equipment, or for any other purpose designated in	885
sections 505.37 to 505.42 of the Revised Code, and may prorate the	886
expense of the joint action on any terms that are mutually agreed	887
upon.	888

(C) The board of township trustees of any township may, by	889
resolution, whenever it is expedient and necessary to guard	890
against the occurrence of fires or to protect the property and	891
lives of the citizens against damages resulting from their	892
occurrence, create a fire district of any portions of the township	893
that it considers necessary. The board may purchase, lease, lease	894
with an option to purchase, or otherwise provide any fire	895
apparatus, appliances, materials, fire hydrants, and water supply	896
for fire-fighting purposes, or may contract for the fire	897
protection for the fire district as provided in section 9.60 of	898
the Revised Code. The fire district so created shall be given a	899
separate name by which it shall be known.	900

Additional unincorporated territory of the township may be	901
added to a fire district upon the board's adoption of a resolution	902
authorizing the addition. A municipal corporation that is within	903
or adjoining the township may be added to a fire district upon the	904
board's adoption of a resolution authorizing the addition and the	905
municipal legislative authority's adoption of a resolution or	906
ordinance requesting the addition of the municipal corporation to	907
the fire district.	908

If the township fire district imposes a tax, additional	909
unincorporated territory of the township or a municipal	910
corporation that is within or adjoining the township shall become	911
part of the fire district only after all of the following have	912
occurred:	913

(1) Adoption by the board of township trustees of a	914
resolution approving the expansion of the territorial limits of	915
the district and, if the resolution proposes to add a municipal	916
corporation, adoption by the municipal legislative authority of a	917
resolution or ordinance requesting the addition of the municipal	918
corporation to the district;	919

(2) Adoption by the board of township trustees of a	920
resolution recommending the extension of the tax to the additional	921
territory;	922

(3) Approval of the tax by the electors of the territory	923
proposed for addition to the district.	924

Each resolution of the board adopted under division (C)(2) of	925
this section shall state the name of the fire district, a	926
description of the territory to be added, and the rate and	927
termination date of the tax, which shall be the rate and	928
termination date of the tax currently in effect in the fire	929
district.	930

The board of trustees shall certify each resolution adopted	931
under division (C)(2) of this section to the board of elections in	932
accordance with section 5705.19 of the Revised Code. The election	933
required under division (C)(3) of this section shall be held,	934
canvassed, and certified in the manner provided for the submission	935
of tax levies under section 5705.25 of the Revised Code, except	936
that the question appearing on the ballot shall read:	937

"Shall the territory within ........................	938
(description of the proposed territory to be added) be added to	939
........................ (name) fire district, and a property tax	940
at a rate of taxation not exceeding ...... (here insert tax rate)	941
be in effect for .......... (here insert the number of years the	942
tax is to be in effect or "a continuing period of time," as	943
applicable)?"	944

If the question is approved by at least a majority of the	945
electors voting on it, the joinder shall be effective as of the	946
first day of July of the year following approval, and on that	947
date, the township fire district tax shall be extended to the	948
taxable property within the territory that has been added. If the	949
territory that has been added is a municipal corporation and if it	950
had adopted a tax levy for fire purposes, the levy is terminated	951
on the effective date of the joinder.	952

Any municipal corporation may withdraw from a township fire	953
district created under division (C) of this section by the	954
adoption by the municipal legislative authority of a resolution or	955
ordinance ordering withdrawal. On the first day of July of the	956
year following the adoption of the resolution or ordinance of	957
withdrawal, the municipal corporation withdrawing ceases to be a	958
part of the district, and the power of the fire district to levy a	959
tax upon taxable property in the withdrawing municipal corporation	960
terminates, except that the fire district shall continue to levy	961
and collect taxes for the payment of indebtedness within the	962
territory of the fire district as it was composed at the time the	963
indebtedness was incurred.	964

Upon the withdrawal of any municipal corporation from a	965
township fire district created under division (C) of this section,	966
the county auditor shall ascertain, apportion, and order a	967
division of the funds on hand, moneys and taxes in the process of	968
collection except for taxes levied for the payment of	969
indebtedness, credits, and real and personal property, either in	970
money or in kind, on the basis of the valuation of the respective	971
tax duplicates of the withdrawing municipal corporation and the	972
remaining territory of the fire district.	973

A board of township trustees may remove unincorporated	974
territory of the township from the fire district upon the adoption	975
of a resolution authorizing the removal. On the first day of July	976
of the year following the adoption of the resolution, the	977
unincorporated township territory described in the resolution	978
ceases to be a part of the district, and the power of the fire	979
district to levy a tax upon taxable property in that territory	980
terminates, except that the fire district shall continue to levy	981
and collect taxes for the payment of indebtedness within the	982
territory of the fire district as it was composed at the time the	983
indebtedness was incurred.	984

(D) The board of township trustees of any township, the board	985
of fire district trustees of a fire district created under section	986
505.371 of the Revised Code, or the legislative authority of any	987
municipal corporation may purchase, lease, or lease with an option	988
to purchase the necessary fire-fighting equipment, buildings, and	989
sites for the township, fire district, or municipal corporation	990
and issue securities for that purpose with maximum maturities as	991
provided in section 133.20 of the Revised Code. The board of	992
township trustees, board of fire district trustees, or legislative	993
authority may also construct any buildings necessary to house	994
fire-fighting equipment and issue securities for that purpose with	995
maximum maturities as provided in section 133.20 of the Revised	996
Code.	997

The board of township trustees, board of fire district	998
trustees, or legislative authority may issue the securities of the	999
township, fire district, or municipal corporation, signed by the	1000
board or designated officer of the municipal corporation and	1001
attested by the signature of the township fiscal officer, fire	1002
district clerk, or municipal clerk, covering any deferred payments	1003
and payable at the times provided, which securities shall bear	1004
interest not to exceed the rate determined as provided in section	1005
9.95 of the Revised Code, and shall not be subject to Chapter 133.	1006
of the Revised Code. The legislation authorizing the issuance of	1007
the securities shall provide for levying and collecting annually	1008
by taxation, amounts sufficient to pay the interest on and	1009
principal of the securities. The securities shall be offered for	1010
sale on the open market or given to the vendor or contractor if no	1011
sale is made.	1012

Section 505.40 of the Revised Code does not apply to any	1013
securities issued, or any lease with an option to purchase entered	1014
into, in accordance with this division.	1015

(E) A board of township trustees of any township or a board	1016
of fire district trustees of a fire district created under section	1017
505.371 of the Revised Code may purchase a policy or policies of	1018
liability insurance for the officers, employees, and appointees of	1019
the fire department, fire district, or joint fire district	1020
governed by the board that includes personal injury liability	1021
coverage as to the civil liability of those officers, employees,	1022
and appointees for false arrest, detention, or imprisonment,	1023
malicious prosecution, libel, slander, defamation or other	1024
violation of the right of privacy, wrongful entry or eviction, or	1025
other invasion of the right of private occupancy, arising out of	1026
the performance of their duties.	1027

When a board of township trustees cannot, by deed of gift or	1028
by purchase and upon terms it considers reasonable, procure land	1029
for a township fire station that is needed in order to respond in	1030
reasonable time to a fire or medical emergency, the board may	1031
appropriate land for that purpose under sections 163.01 to 163.22	1032
of the Revised Code. If it is necessary to acquire additional	1033
adjacent land for enlarging or improving the fire station, the	1034
board may purchase, appropriate, or accept a deed of gift for the	1035
land for these purposes.	1036

(F) As used in this division, "emergency medical service	1037
organization" has the same meaning as in section 4766.01 of the	1038
Revised Code.	1039

A board of township trustees, by adoption of an appropriate	1040
resolution, may choose to have the ~~Ohio~~state board of emergency	1041
medical, fire, and transportation ~~board~~services license any	1042
emergency medical service organization it operates. If the board	1043
adopts such a resolution, Chapter 4766. of the Revised Code,	1044
except for sections 4766.06 and 4766.99 of the Revised Code,	1045
applies to the organization. All rules adopted under the	1046
applicable sections of that chapter also apply to the	1047
organization. A board of township trustees, by adoption of an	1048
appropriate resolution, may remove its emergency medical service	1049
organization from the jurisdiction of the ~~Ohio~~state board of	1050
emergency medical, fire, and transportation ~~board~~services.	1051

Sec. 505.375. (A)(1)(a) The boards of township trustees of	1052
one or more townships and the legislative authorities of one or	1053
more municipal corporations, or the legislative authorities of two	1054
or more municipal corporations, or the boards of township trustees	1055
of two or more townships, may negotiate an agreement to form a	1056
fire and ambulance district for the delivery of both fire and	1057
ambulance services. The agreement shall be ratified by the	1058
adoption of a joint resolution by a majority of the members of	1059
each board of township trustees involved and a majority of the	1060
members of the legislative authority of each municipal corporation	1061
involved. The joint resolution shall specify a date on which the	1062
fire and ambulance district shall come into being.	1063

(b) If a joint fire district created under section 505.371 of	1064
the Revised Code or a joint ambulance district created under	1065
section 505.71 of the Revised Code is dissolved to facilitate the	1066
creation of a fire and ambulance district under division (A)(1)(a)	1067
of this section, the townships and municipal corporations forming	1068
the fire and ambulance district may transfer to the fire and	1069
ambulance district any of the funds on hand, moneys and taxes in	1070
the process of collection, credits, and real and personal property	1071
apportioned to them under division (D) of section 505.371 of the	1072
Revised Code or section 505.71 of the Revised Code, as applicable,	1073
for use by the fire and ambulance district in accordance with this	1074
section.	1075

(2)(a) The board of trustees of a joint ambulance district	1076
created under section 505.71 of the Revised Code and the board of	1077
fire district trustees of a joint fire district created under	1078
section 505.371 of the Revised Code may negotiate to combine their	1079
two joint districts into a single fire and ambulance district for	1080
the delivery of both fire and ambulance services, if the	1081
geographic area covered by the combining joint districts is	1082
exactly the same. Both boards shall adopt a joint resolution	1083
ratifying the agreement and setting a date on which the fire and	1084
ambulance district shall come into being.	1085

(b) On that date, the joint fire district and the joint	1086
ambulance district shall cease to exist, and the power of each to	1087
levy a tax upon taxable property shall terminate, except that any	1088
levy of a tax for the payment of indebtedness within the territory	1089
of the joint fire or joint ambulance district as it was composed	1090
at the time the indebtedness was incurred shall continue to be	1091
collected by the successor fire and ambulance district if the	1092
indebtedness remains unpaid. All funds and other property of the	1093
joint districts shall become the property of the fire and	1094
ambulance district, unless otherwise provided in the negotiated	1095
agreement. The agreement shall provide for the settlement of all	1096
debts and obligations of the joint districts.	1097

(B)(1) The governing body of a fire and ambulance district	1098
created under division (A)(1) or (2) of this section shall be a	1099
board of trustees of at least three but no more than nine members,	1100
appointed as provided in the agreement creating the district.	1101
Members of the board may be compensated at a rate not to exceed	1102
thirty dollars per meeting for not more than fifteen meetings per	1103
year, and may be reimbursed for all necessary expenses incurred,	1104
as provided in the agreement creating the district.	1105

(2) The board shall employ a clerk and other employees as it	1106
considers best, including a fire chief or fire prevention	1107
officers, and shall fix their compensation. Neither this section	1108
nor any other section of the Revised Code requires, or shall be	1109
construed to require, that the fire chief of a fire and ambulance	1110
district be a resident of the district.	1111

Before entering upon the duties of office, the clerk shall	1112
execute a bond, in the amount and with surety to be approved by	1113
the board, payable to the state, conditioned for the faithful	1114
performance of all of the clerk's official duties. The clerk shall	1115
deposit the bond with the presiding officer of the board, who	1116
shall file a copy of it, certified by the presiding officer, with	1117
the county auditor of the county containing the most territory in	1118
the district.	1119

The board also shall provide for the appointment of a fiscal	1120
officer for the district and may enter into agreements with	1121
volunteer fire companies for the use and operation of	1122
fire-fighting equipment. Volunteer firefighters acting under such	1123
an agreement are subject to the requirements for volunteer	1124
firefighters set forth in division (A) of section 505.38 of the	1125
Revised Code.	1126

(3) Employees of the district shall not be removed from	1127
office except as provided by sections 733.35 to 733.39 of the	1128
Revised Code, except that, to initiate removal proceedings, the	1129
board shall designate a private citizen or, if the employee is	1130
employed as a firefighter, the board may designate the fire chief,	1131
to investigate, conduct the proceedings, and prepare the necessary	1132
charges in conformity with those sections, and except that the	1133
board shall perform the functions and duties specified for the	1134
municipal legislative authority under those sections. The board	1135
may pay reasonable compensation to any private citizen hired for	1136
services rendered in the matter.	1137

(4) No person shall be appointed as a permanent full-time	1138
paid member of the district whose duties include fire fighting, or	1139
be appointed as a volunteer firefighter, unless that person has	1140
received a certificate issued under former section 3303.07 or	1141
section 4765.55 of the Revised Code evidencing satisfactory	1142
completion of a firefighter training program. The board may send	1143
its officers and firefighters to schools of instruction designed	1144
to promote the efficiency of firefighters and, if authorized in	1145
advance, may pay their necessary expenses from the funds used for	1146
the maintenance and operation of the district.	1147

The board may choose, by adoption of an appropriate	1148
resolution, to have the ~~Ohio~~state board of emergency medical,	1149
fire, and transportation ~~board~~services license any emergency	1150
medical service organization it operates. If the board adopts such	1151
a resolution, Chapter 4766. of the Revised Code, except for	1152
sections 4766.06 and 4766.99 of the Revised Code, applies to the	1153
organization. All rules adopted under the applicable sections of	1154
that chapter also apply to the organization. The board may remove,	1155
by resolution, its emergency medical service organization from the	1156
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	1157
and transportation ~~board~~services.	1158

(C) The board of trustees of a fire and ambulance district	1159
created under division (A)(1) or (2) of this section may exercise	1160
the following powers:	1161

(1) Purchase or otherwise provide any fire apparatus,	1162
mechanical resuscitators, or other fire or ambulance equipment,	1163
appliances, or materials; fire hydrants; and water supply for	1164
firefighting purposes that seems advisable to the board;	1165

(2) Provide for the care and maintenance of equipment and,	1166
for that purpose, purchase, lease, lease with an option to	1167
purchase, or construct and maintain necessary buildings;	1168

(3) Establish and maintain lines of fire-alarm communications	1169
within the limits of the district;	1170

(4) Appropriate land for a fire station or medical emergency	1171
unit needed in order to respond in reasonable time to a fire or	1172
medical emergency, in accordance with Chapter 163. of the Revised	1173
Code;	1174

(5) Purchase, appropriate, or accept a deed or gift of land	1175
to enlarge or improve a fire station or medical emergency unit;	1176

(6) Purchase, lease, lease with an option to purchase,	1177
maintain, and use all materials, equipment, vehicles, buildings,	1178
and land necessary to perform its duties;	1179

(7) Contract for a period not to exceed three years with one	1180
or more townships, municipal corporations, counties, joint fire	1181
districts, joint ambulance districts, governmental agencies,	1182
nonprofit corporations, or private ambulance owners located either	1183
within or outside the state, to furnish or receive ambulance	1184
services or emergency medical services within the several	1185
territories of the contracting parties, if the contract is first	1186
authorized by all boards of trustees and legislative authorities	1187
concerned;	1188

(8) Establish reasonable charges for the use of ambulance or	1189
emergency medical services under the same conditions under which a	1190
board of fire district trustees may establish those charges under	1191
section 505.371 of the Revised Code;	1192

(9) Establish all necessary rules to guard against the	1193
occurrence of fires and to protect property and lives against	1194
damage and accidents;	1195

(10) Adopt a standard code pertaining to fire, fire hazards,	1196
and fire prevention prepared and promulgated by the state or by a	1197
public or private organization that publishes a model or standard	1198
code;	1199

(11) Provide for charges for false alarms at commercial	1200
establishments in the same manner as joint fire districts are	1201
authorized to do under section 505.391 of the Revised Code;	1202

(12) Issue bonds and other evidences of indebtedness, subject	1203
to Chapter 133. of the Revised Code, but only after approval by a	1204
vote of the electors of the district as provided by section 133.18	1205
of the Revised Code;	1206

(13) To provide the services and equipment it considers	1207
necessary, levy a sufficient tax, subject to Chapter 5705. of the	1208
Revised Code, on all the taxable property in the district.	1209

(D) Any municipal corporation or township may join an	1210
existing fire and ambulance district, whether created under	1211
division (A)(1) or (2) of this section, by its legislative	1212
authority's adoption of a resolution requesting the membership and	1213
upon approval of the board of trustees of the district. Any	1214
municipal corporation or township may withdraw from a district,	1215
whether created under division (A)(1) or (2) of this section, by	1216
its legislative authority's adoption of a resolution ordering	1217
withdrawal. Upon its withdrawal, the municipal corporation or	1218
township ceases to be a part of the district, and the district's	1219
power to levy a tax on taxable property in the withdrawing	1220
township or municipal corporation terminates, except that the	1221
district shall continue to levy and collect taxes for the payment	1222
of indebtedness within the territory of the district as it was	1223
composed at the time the indebtedness was incurred.	1224

Upon the withdrawal of any township or municipal corporation	1225
from a district, the county auditor of the county containing the	1226
most territory in the district shall ascertain, apportion, and	1227
order a division of the funds on hand, including funds in the	1228
ambulance and emergency medical services fund, moneys and taxes in	1229
the process of collection, except for taxes levied for the payment	1230
of indebtedness, credits, and real and personal property on the	1231
basis of the valuation of the respective tax duplicates of the	1232
withdrawing municipal corporation or township and the remaining	1233
territory of the district.	1234

(E) As used in this section:

1235

(1) "Governmental agency" includes all departments, boards,	1236
offices, commissions, agencies, colleges, universities,	1237
institutions, and other instrumentalities of this or another	1238
state.	1239

(2) "Emergency medical service organization" has the same	1240
meaning as in section 4766.01 of the Revised Code.	1241

Sec. 505.44. As used in this section:

1242

(A) "Emergency medical service organization" has the same	1243
meaning as in section 4765.01 of the Revised Code.	1244

(B) "State agency" means all departments, boards, offices,	1245
commissions, agencies, colleges, universities, institutions, and	1246
other instrumentalities of this or another state.	1247

In order to obtain the services of ambulance service	1248
organizations, to obtain additional services from ambulance	1249
service organizations in times of emergency, to obtain the	1250
services of emergency medical service organizations, or, if the	1251
township is located in a county with a population of forty	1252
thousand or less, to obtain the services of nonemergency patient	1253
transport service organizations, a township may enter into a	1254
contract with one or more state agencies, townships, municipal	1255
corporations, counties, nonprofit corporations, joint emergency	1256
medical services districts, fire and ambulance districts, or	1257
private ambulance owners, regardless of whether such state	1258
agencies, townships, municipal corporations, counties, nonprofit	1259
corporations, joint emergency medical services districts, fire and	1260
ambulance districts, or private ambulance owners are located	1261
within or outside the state, upon such terms as are agreed to by	1262
them, to furnish or receive services from ambulance or emergency	1263
medical service organizations or, if the township is located in a	1264
county with a population of forty thousand or less, to furnish or	1265
receive services from nonemergency patient transport service	1266
organizations, or may enter into a contract for the interchange of	1267
services from ambulance or emergency medical service organizations	1268
or, if the township is located in a county with a population of	1269
forty thousand or less, the interchange of services from	1270
nonemergency patient transport service organizations, within the	1271
several territories of the contracting parties, if the contract is	1272
first authorized by the respective boards of township trustees,	1273
the other legislative bodies, or the officer or body authorized to	1274
contract on behalf of the state agency. Such contracts shall not	1275
be entered into with a state agency or nonprofit corporation that	1276
receives more than half of its operating funds from governmental	1277
entities with the intention of directly competing with the	1278
operation of other ambulance, emergency medical, or nonemergency	1279
patient transport service organizations in the township unless the	1280
state agency or nonprofit corporation is awarded the contract	1281
after submitting the lowest and best bid to the board of township	1282
trustees.	1283

The contract may provide for compensation upon such terms as	1284
the parties may agree.	1285

Any township wishing to commence providing or wishing to	1286
enter into a contract for the first time to furnish or obtain	1287
services from nonemergency patient transport service organizations	1288
on or after March 1, 1993, including a township in which a private	1289
provider has been providing the service, shall demonstrate the	1290
need for public funding for the service to, and obtain approval	1291
from, the state board of emergency medical, fire, and	1292
transportation services or its immediate successor board prior to	1293
the establishment of a township-operated or township-funded	1294
service.	1295

Sec. 505.72. (A) The board of trustees of a joint ambulance	1296
district shall provide for the employment of such employees as it	1297
considers best, and shall fix their compensation. Such employees	1298
shall continue in office until removed as provided by sections	1299
733.35 to 733.39 of the Revised Code. To initiate removal	1300
proceedings, and for such purpose, the board shall designate a	1301
private citizen to investigate the conduct and prepare the	1302
necessary charges in conformity with sections 733.35 to 733.39 of	1303
the Revised Code. The board may pay reasonable compensation to	1304
such person for the person's services.	1305

In case of the removal of an employee of the district, an	1306
appeal may be had from the decision of the board to the court of	1307
common pleas of the county in which such district, or part of it,	1308
is situated, to determine the sufficiency of the cause of removal.	1309
Such appeal from the findings of the board shall be taken within	1310
ten days.	1311

(B) As used in this division, "emergency medical service	1312
organization" has the same meaning as in section 4765.01 of the	1313
Revised Code.	1314

(1) In order to obtain the services of ambulance service	1315
organizations, to obtain additional services from ambulance	1316
service organizations in times of emergency, or to obtain the	1317
services of emergency medical service organizations, a district	1318
may enter into a contract, for a period not to exceed three years,	1319
with one or more townships, municipal corporations, joint fire	1320
districts, nonprofit corporations, any other governmental unit	1321
that provides ambulance services or emergency medical services, or	1322
with private ambulance owners, regardless of whether such	1323
townships, municipal corporations, joint fire districts, nonprofit	1324
corporations, governmental unit, or private ambulance owners are	1325
located within or without this state, upon such terms as are	1326
agreed to, to furnish or receive services from ambulance or	1327
emergency medical service organizations or the interchange of	1328
services from ambulance or emergency medical service organizations	1329
within the several territories of the contracting subdivisions, if	1330
such contract is first authorized by all boards of trustees and	1331
legislative authorities concerned.	1332

The contract may provide for a fixed annual charge to be paid	1333
at the times agreed upon and stipulated in the contract, or for	1334
compensation based upon a stipulated price for each run, call, or	1335
emergency, or the elapsed time of service required in such run,	1336
call, or emergency, or any combination thereof.	1337

(2) Expenditures of a district for the services of ambulance	1338
service organizations or emergency medical service organizations,	1339
whether pursuant to contract or otherwise, are lawful	1340
expenditures, regardless of whether the district or the party with	1341
which it contracts charges additional fees to users of the	1342
services.	1343

(3) A district's board of trustees, by adoption of an	1344
appropriate resolution, may choose to have the ~~Ohio~~state board of	1345
emergency medical, fire, and transportation ~~board~~services license	1346
any emergency medical service organization the district operates.	1347
If a board adopts such a resolution, Chapter 4766. of the Revised	1348
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1349
applies to the district emergency medical service organization.	1350
All rules adopted under the applicable sections of that chapter	1351
also apply to the organization. A board, by adoption of an	1352
appropriate resolution, may remove the district emergency medical	1353
service organization from the jurisdiction of the ~~Ohio~~state board	1354
of emergency medical, fire, and transportation ~~board~~services.	1355

(C) Ambulance services or emergency medical services rendered	1356
for a joint ambulance district under this section and section	1357
505.71 of the Revised Code shall be deemed services of the	1358
district. These sections do not authorize suits against a district	1359
or any township or municipal corporation providing or receiving,	1360
or contracting to provide or receive, such services under these	1361
sections for damages for injury or loss to persons or property or	1362
for wrongful death caused by persons providing such services.	1363

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

1364

(1) "Adjusted federal taxable income" means a C corporation's	1365
federal taxable income before net operating losses and special	1366
deductions as determined under the Internal Revenue Code, adjusted	1367
as follows:	1368

(a) Deduct intangible income to the extent included in	1369
federal taxable income. The deduction shall be allowed regardless	1370
of whether the intangible income relates to assets used in a trade	1371
or business or assets held for the production of income.	1372

(b) Add an amount equal to five per cent of intangible income	1373
deducted under division (A)(1)(a) of this section, but excluding	1374
that portion of intangible income directly related to the sale,	1375
exchange, or other disposition of property described in section	1376
1221 of the Internal Revenue Code;	1377

(c) Add any losses allowed as a deduction in the computation	1378
of federal taxable income if the losses directly relate to the	1379
sale, exchange, or other disposition of an asset described in	1380
section 1221 or 1231 of the Internal Revenue Code;	1381

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	1382
section, deduct income and gain included in federal taxable income	1383
to the extent the income and gain directly relate to the sale,	1384
exchange, or other disposition of an asset described in section	1385
1221 or 1231 of the Internal Revenue Code;	1386

(ii) Division (A)(1)(d)(i) of this section does not apply to	1387
the extent the income or gain is income or gain described in	1388
section 1245 or 1250 of the Internal Revenue Code.	1389

(e) Add taxes on or measured by net income allowed as a	1390
deduction in the computation of federal taxable income;	1391

(f) In the case of a real estate investment trust and	1392
regulated investment company, add all amounts with respect to	1393
dividends to, distributions to, or amounts set aside for or	1394
credited to the benefit of investors and allowed as a deduction in	1395
the computation of federal taxable income;	1396

(g) Deduct, to the extent not otherwise deducted or excluded	1397
in computing federal taxable income, any income ~~derived from~~	1398
~~providing public services under a contract through a project owned~~	1399
~~by the state, as described in section 126.604 of the Revised Code~~	1400
or derived from a transfer agreement or from the enterprise	1401
transferred under that agreement under section 4313.02 of the	1402
Revised Code.	1403

If the taxpayer is not a C corporation and is not an	1404
individual, the taxpayer shall compute adjusted federal taxable	1405
income as if the taxpayer were a C corporation, except guaranteed	1406
payments and other similar amounts paid or accrued to a partner,	1407
former partner, member, or former member shall not be allowed as a	1408
deductible expense; amounts paid or accrued to a qualified	1409
self-employed retirement plan with respect to an owner or	1410
owner-employee of the taxpayer, amounts paid or accrued to or for	1411
health insurance for an owner or owner-employee, and amounts paid	1412
or accrued to or for life insurance for an owner or owner-employee	1413
shall not be allowed as a deduction.	1414

Nothing in division (A)(1) of this section shall be construed	1415
as allowing the taxpayer to add or deduct any amount more than	1416
once or shall be construed as allowing any taxpayer to deduct any	1417
amount paid to or accrued for purposes of federal self-employment	1418
tax.	1419

Nothing in this chapter shall be construed as limiting or	1420
removing the ability of any municipal corporation to administer,	1421
audit, and enforce the provisions of its municipal income tax.	1422

(2) "Internal Revenue Code" means the Internal Revenue Code	1423
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1424

(3) "Schedule C" means internal revenue service schedule C	1425
filed by a taxpayer pursuant to the Internal Revenue Code.	1426

(4) "Form 2106" means internal revenue service form 2106	1427
filed by a taxpayer pursuant to the Internal Revenue Code.	1428

(5) "Intangible income" means income of any of the following	1429
types: income yield, interest, capital gains, dividends, or other	1430
income arising from the ownership, sale, exchange, or other	1431
disposition of intangible property including, but not limited to,	1432
investments, deposits, money, or credits as those terms are	1433
defined in Chapter 5701. of the Revised Code, and patents,	1434
copyrights, trademarks, tradenames, investments in real estate	1435
investment trusts, investments in regulated investment companies,	1436
and appreciation on deferred compensation. "Intangible income"	1437
does not include prizes, awards, or other income associated with	1438
any lottery winnings or other similar games of chance.	1439

(6) "S corporation" means a corporation that has made an	1440
election under subchapter S of Chapter 1 of Subtitle A of the	1441
Internal Revenue Code for its taxable year.	1442

(7) For taxable years beginning on or after January 1, 2004,	1443
"net profit" for a taxpayer other than an individual means	1444
adjusted federal taxable income and "net profit" for a taxpayer	1445
who is an individual means the individual's profit required to be	1446
reported on schedule C, schedule E, or schedule F, other than any	1447
amount allowed as a deduction under division (E)(2) or (3) of this	1448
section or amounts described in division (H) of this section.	1449

(8) "Taxpayer" means a person subject to a tax on income	1450
levied by a municipal corporation. Except as provided in division	1451
(L) of this section, "taxpayer" does not include any person that	1452
is a disregarded entity or a qualifying subchapter S subsidiary	1453
for federal income tax purposes, but "taxpayer" includes any other	1454
person who owns the disregarded entity or qualifying subchapter S	1455
subsidiary.	1456

(9) "Taxable year" means the corresponding tax reporting	1457
period as prescribed for the taxpayer under the Internal Revenue	1458
Code.	1459

(10) "Tax administrator" means the individual charged with	1460
direct responsibility for administration of a tax on income levied	1461
by a municipal corporation and includes:	1462

(a) The central collection agency and the regional income tax	1463
agency and their successors in interest, and other entities	1464
organized to perform functions similar to those performed by the	1465
central collection agency and the regional income tax agency;	1466

(b) A municipal corporation acting as the agent of another	1467
municipal corporation; and	1468

(c) Persons retained by a municipal corporation to administer	1469
a tax levied by the municipal corporation, but only if the	1470
municipal corporation does not compensate the person in whole or	1471
in part on a contingency basis.	1472

(11) "Person" includes individuals, firms, companies,	1473
business trusts, estates, trusts, partnerships, limited liability	1474
companies, associations, corporations, governmental entities, and	1475
any other entity.	1476

(12) "Schedule E" means internal revenue service schedule E	1477
filed by a taxpayer pursuant to the Internal Revenue Code.	1478

(13) "Schedule F" means internal revenue service schedule F	1479
filed by a taxpayer pursuant to the Internal Revenue Code.	1480

(B) No municipal corporation shall tax income at other than a	1481
uniform rate.	1482

(C) No municipal corporation shall levy a tax on income at a	1483
rate in excess of one per cent without having obtained the	1484
approval of the excess by a majority of the electors of the	1485
municipality voting on the question at a general, primary, or	1486
special election. The legislative authority of the municipal	1487
corporation shall file with the board of elections at least ninety	1488
days before the day of the election a copy of the ordinance	1489
together with a resolution specifying the date the election is to	1490
be held and directing the board of elections to conduct the	1491
election. The ballot shall be in the following form: "Shall the	1492
Ordinance providing for a ... per cent levy on income for (Brief	1493
description of the purpose of the proposed levy) be passed?	1494

1495

		FOR THE INCOME TAX			1496
		AGAINST THE INCOME TAX	"		1497

1498

In the event of an affirmative vote, the proceeds of the levy	1499
may be used only for the specified purpose.	1500

(D)(1) Except as otherwise provided in this section, no	1501
municipal corporation shall exempt from a tax on income	1502
compensation for personal services of individuals over eighteen	1503
years of age or the net profit from a business or profession.	1504

(2)(a) For taxable years beginning on or after January 1,	1505
2004, no municipal corporation shall tax the net profit from a	1506
business or profession using any base other than the taxpayer's	1507
adjusted federal taxable income.	1508

(b) Division (D)(2)(a) of this section does not apply to any	1509
taxpayer required to file a return under section 5745.03 of the	1510
Revised Code or to the net profit from a sole proprietorship.	1511

(E)(1) The legislative authority of a municipal corporation	1512
may, by ordinance or resolution, exempt from withholding and from	1513
a tax on income the following:	1514

(a) Compensation arising from the sale, exchange, or other	1515
disposition of a stock option, the exercise of a stock option, or	1516
the sale, exchange, or other disposition of stock purchased under	1517
a stock option; or	1518

(b) Compensation attributable to a nonqualified deferred	1519
compensation plan or program described in section 3121(v)(2)(C) of	1520
the Internal Revenue Code.	1521

(2) The legislative authority of a municipal corporation may	1522
adopt an ordinance or resolution that allows a taxpayer who is an	1523
individual to deduct, in computing the taxpayer's municipal income	1524
tax liability, an amount equal to the aggregate amount the	1525
taxpayer paid in cash during the taxable year to a health savings	1526
account of the taxpayer, to the extent the taxpayer is entitled to	1527
deduct that amount on internal revenue service form 1040.	1528

(3) The legislative authority of a municipal corporation may	1529
adopt an ordinance or resolution that allows a taxpayer who has a	1530
net profit from a business or profession that is operated as a	1531
sole proprietorship to deduct from that net profit the amount that	1532
the taxpayer paid during the taxable year for medical care	1533
insurance premiums for the taxpayer, the taxpayer's spouse, and	1534
dependents as defined in section 5747.01 of the Revised Code. The	1535
deduction shall be allowed to the same extent the taxpayer is	1536
entitled to deduct the premiums on internal revenue service form	1537
1040. The deduction allowed under this division shall be net of	1538
any related premium refunds, related premium reimbursements, or	1539
related insurance premium dividends received by the taxpayer	1540
during the taxable year.	1541

(F) If an individual's taxable income includes income against	1542
which the taxpayer has taken a deduction for federal income tax	1543
purposes as reportable on the taxpayer's form 2106, and against	1544
which a like deduction has not been allowed by the municipal	1545
corporation, the municipal corporation shall deduct from the	1546
taxpayer's taxable income an amount equal to the deduction shown	1547
on such form allowable against such income, to the extent not	1548
otherwise so allowed as a deduction by the municipal corporation.	1549

(G)(1) In the case of a taxpayer who has a net profit from a	1550
business or profession that is operated as a sole proprietorship,	1551
no municipal corporation may tax or use as the base for	1552
determining the amount of the net profit that shall be considered	1553
as having a taxable situs in the municipal corporation, an amount	1554
other than the net profit required to be reported by the taxpayer	1555
on schedule C or F from such sole proprietorship for the taxable	1556
year.	1557

(2) In the case of a taxpayer who has a net profit from	1558
rental activity required to be reported on schedule E, no	1559
municipal corporation may tax or use as the base for determining	1560
the amount of the net profit that shall be considered as having a	1561
taxable situs in the municipal corporation, an amount other than	1562
the net profit from rental activities required to be reported by	1563
the taxpayer on schedule E for the taxable year.	1564

(H) A municipal corporation shall not tax any of the	1565
following:	1566

(1) The military pay or allowances of members of the armed	1567
forces of the United States and of members of their reserve	1568
components, including the Ohio national guard;	1569

(2) The income of religious, fraternal, charitable,	1570
scientific, literary, or educational institutions to the extent	1571
that such income is derived from tax-exempt real estate,	1572
tax-exempt tangible or intangible property, or tax-exempt	1573
activities;	1574

(3) Except as otherwise provided in division (I) of this	1575
section, intangible income;	1576

(4) Compensation paid under section 3501.28 or 3501.36 of the	1577
Revised Code to a person serving as a precinct election official,	1578
to the extent that such compensation does not exceed one thousand	1579
dollars annually. Such compensation in excess of one thousand	1580
dollars may be subjected to taxation by a municipal corporation. A	1581
municipal corporation shall not require the payer of such	1582
compensation to withhold any tax from that compensation.	1583

(5) Compensation paid to an employee of a transit authority,	1584
regional transit authority, or regional transit commission created	1585
under Chapter 306. of the Revised Code for operating a transit bus	1586
or other motor vehicle for the authority or commission in or	1587
through the municipal corporation, unless the bus or vehicle is	1588
operated on a regularly scheduled route, the operator is subject	1589
to such a tax by reason of residence or domicile in the municipal	1590
corporation, or the headquarters of the authority or commission is	1591
located within the municipal corporation;	1592

(6) The income of a public utility, when that public utility	1593
is subject to the tax levied under section 5727.24 or 5727.30 of	1594
the Revised Code, except a municipal corporation may tax the	1595
following, subject to Chapter 5745. of the Revised Code:	1596

(a) Beginning January 1, 2002, the income of an electric	1597
company or combined company;	1598

(b) Beginning January 1, 2004, the income of a telephone	1599
company.	1600

As used in division (H)(6) of this section, "combined	1601
company," "electric company," and "telephone company" have the	1602
same meanings as in section 5727.01 of the Revised Code.	1603

(7) On and after January 1, 2003, items excluded from federal	1604
gross income pursuant to section 107 of the Internal Revenue Code;	1605

(8) On and after January 1, 2001, compensation paid to a	1606
nonresident individual to the extent prohibited under section	1607
718.011 of the Revised Code;	1608

(9)(a) Except as provided in ~~division~~divisions (H)(9)(b) and	1609
(c) of this section, an S corporation shareholder's distributive	1610
share of net profits of the S corporation, other than any part of	1611
the distributive share of net profits that represents wages as	1612
defined in section 3121(a) of the Internal Revenue Code or net	1613
earnings from self-employment as defined in section 1402(a) of the	1614
Internal Revenue Code.	1615

(b) If, pursuant to division (H) of former section 718.01 of	1616
the Revised Code as it existed before March 11, 2004, a majority	1617
of the electors of a municipal corporation voted in favor of the	1618
question at an election held on November 4, 2003, the municipal	1619
corporation may continue after 2002 to tax an S corporation	1620
shareholder's distributive share of net profits of an S	1621
corporation.	1622

(c) If, on December 6, 2002, a municipal corporation was	1623
imposing, assessing, and collecting a tax on an S corporation	1624
shareholder's distributive share of net profits of the S	1625
corporation to the extent the distributive share would be	1626
allocated or apportioned to this state under divisions (B)(1) and	1627
(2) of section 5733.05 of the Revised Code if the S corporation	1628
were a corporation subject to taxes imposed under Chapter 5733. of	1629
the Revised Code, the municipal corporation may continue to impose	1630
the tax on such distributive shares to the extent such shares	1631
would be so allocated or apportioned to this state only until	1632
December 31, 2004, unless a majority of the electors of the	1633
municipal corporation voting on the question of continuing to tax	1634
such shares after that date vote in favor of that question at an	1635
election held November 2, 2004. If a majority of those electors	1636
vote in favor of the question, the municipal corporation may	1637
continue after December 31, 2004, to impose the tax on such	1638
distributive shares only to the extent such shares would be so	1639
allocated or apportioned to this state.	1640

(d) For the purposes of division (D) of section 718.14 of the	1641
Revised Code, a municipal corporation shall be deemed to have	1642
elected to tax S corporation shareholders' distributive shares of	1643
net profits of the S corporation in the hands of the shareholders	1644
if a majority of the electors of a municipal corporation vote in	1645
favor of a question at an election held under division (H)(9)(b)	1646
or (c) of this section. The municipal corporation shall specify by	1647
ordinance or rule that the tax applies to the distributive share	1648
of a shareholder of an S corporation in the hands of the	1649
shareholder of the S corporation.	1650

(10) Employee compensation that is not "qualifying wages" as	1651
defined in section 718.03 of the Revised Code;	1652

(11) Beginning August 1, 2007, compensation paid to a person	1653
employed within the boundaries of a United States air force base	1654
under the jurisdiction of the United States air force that is used	1655
for the housing of members of the United States air force and is a	1656
center for air force operations, unless the person is subject to	1657
taxation because of residence or domicile. If the compensation is	1658
subject to taxation because of residence or domicile, municipal	1659
income tax shall be payable only to the municipal corporation of	1660
residence or domicile.	1661

(12) Compensation paid to a person for personal services	1662
performed for a political subdivision on property owned by the	1663
political subdivision, regardless of whether the compensation is	1664
received by an employee of the subdivision or another person	1665
performing services for the subdivision under a contract with the	1666
subdivision, if the property on which services are performed is	1667
annexed to a municipal corporation pursuant to section 709.023 of	1668
the Revised Code on or after ~~the effective date of the amendment~~	1669
~~of this section~~March 27, 2013, unless the person is subject to	1670
such taxation because of residence or domicile. If the	1671
compensation is subject to taxation because of residence or	1672
domicile, municipal income tax shall be payable only to the	1673
municipal corporation of residence or domicile.	1674

(I) Any municipal corporation that taxes any type of	1675
intangible income on March 29, 1988, pursuant to Section 3 of	1676
Amended Substitute Senate Bill No. 238 of the 116th general	1677
assembly, may continue to tax that type of income after 1988 if a	1678
majority of the electors of the municipal corporation voting on	1679
the question of whether to permit the taxation of that type of	1680
intangible income after 1988 vote in favor thereof at an election	1681
held on November 8, 1988.	1682

(J) Nothing in this section or section 718.02 of the Revised	1683
Code shall authorize the levy of any tax on income that a	1684
municipal corporation is not authorized to levy under existing	1685
laws or shall require a municipal corporation to allow a deduction	1686
from taxable income for losses incurred from a sole proprietorship	1687
or partnership.	1688

(K)(1) Nothing in this chapter prohibits a municipal	1689
corporation from allowing, by resolution or ordinance, a net	1690
operating loss carryforward.	1691

(2) Nothing in this chapter requires a municipal corporation	1692
to allow a net operating loss carryforward.	1693

(L)(1) A single member limited liability company that is a	1694
disregarded entity for federal tax purposes may elect to be a	1695
separate taxpayer from its single member in all Ohio municipal	1696
corporations in which it either filed as a separate taxpayer or	1697
did not file for its taxable year ending in 2003, if all of the	1698
following conditions are met:	1699

(a) The limited liability company's single member is also a	1700
limited liability company;	1701

(b) The limited liability company and its single member were	1702
formed and doing business in one or more Ohio municipal	1703
corporations for at least five years before January 1, 2004;	1704

(c) Not later than December 31, 2004, the limited liability	1705
company and its single member each make an election to be treated	1706
as a separate taxpayer under division (L) of this section;	1707

(d) The limited liability company was not formed for the	1708
purpose of evading or reducing Ohio municipal corporation income	1709
tax liability of the limited liability company or its single	1710
member;	1711

(e) The Ohio municipal corporation that is the primary place	1712
of business of the sole member of the limited liability company	1713
consents to the election.	1714

(2) For purposes of division (L)(1)(e) of this section, a	1715
municipal corporation is the primary place of business of a	1716
limited liability company if, for the limited liability company's	1717
taxable year ending in 2003, its income tax liability is greater	1718
in that municipal corporation than in any other municipal	1719
corporation in Ohio, and that tax liability to that municipal	1720
corporation for its taxable year ending in 2003 is at least four	1721
hundred thousand dollars.	1722

Sec. 2937.221. (A) A person arrested without warrant for any	1723
violation listed in division (B) of this section, and having a	1724
current valid Ohio driver's or commercial driver's license, if the	1725
person has been notified of the possible consequences of the	1726
person's actions as required by division (C) of this section, may	1727
post bond by depositing the license with the arresting officer if	1728
the officer and person so choose, or with the local court having	1729
jurisdiction if the court and person so choose. The license may be	1730
used as bond only during the period for which it is valid.	1731

When an arresting officer accepts the driver's or commercial	1732
driver's license as bond, the officer shall note the date, time,	1733
and place of the court appearance on "the violator's notice to	1734
appear," and the notice shall serve as a valid Ohio driver's or	1735
commercial driver's license until the date and time appearing	1736
thereon. The arresting officer immediately shall forward the	1737
license to the appropriate court.	1738

When a local court accepts the license as bond or continues	1739
the case to another date and time, it shall provide the person	1740
with a card in a form approved by the registrar of motor vehicles	1741
setting forth the license number, name, address, the date and time	1742
of the court appearance, and a statement that the license is being	1743
held as bond. The card shall serve as a valid license until the	1744
date and time contained in the card.	1745

The court may accept other bond at any time and return the	1746
license to the person. The court shall return the license to the	1747
person when judgment is satisfied, including, but not limited to,	1748
compliance with any court orders, unless a suspension or	1749
cancellation is part of the penalty imposed.	1750

Neither "the violator's notice to appear" nor a court-	1751
granted card shall continue driving privileges beyond the	1752
expiration date of the license.	1753

If the person arrested fails to appear in court at the date	1754
and time set by the court or fails to satisfy the judgment of the	1755
court, including, but not limited to, compliance with all court	1756
orders within the time allowed by the court, the court may declare	1757
the forfeiture of the person's license. Thirty days after the	1758
declaration of the forfeiture, the court shall forward the	1759
person's license to the registrar. The court also shall enter	1760
information relative to the forfeiture on a form approved and	1761
furnished by the registrar and send the form to the registrar. The	1762
registrar shall suspend the person's license and send written	1763
notification of the suspension to the person at the person's last	1764
known address. No valid driver's or commercial driver's license	1765
shall be granted to the person until the court having jurisdiction	1766
orders that the forfeiture be terminated. The court shall inform	1767
the registrar of the termination of the forfeiture by entering	1768
information relative to the termination on a form approved and	1769
furnished by the registrar and sending the form to the registrar.	1770
Upon the termination, the person shall pay to the bureau of motor	1771
vehicles a reinstatement fee of fifteen dollars to cover the costs	1772
of the bureau in administering this section. The registrar shall	1773
deposit the fees so paid into the state bureau of motor vehicles	1774
fund created by section 4501.25 of the Revised Code.	1775

In addition, upon receipt from the court of the copy of the	1776
declaration of forfeiture, neither the registrar nor any deputy	1777
registrar shall accept any application for the registration or	1778
transfer of registration of any motor vehicle owned by or leased	1779
in the name of the person named in the declaration of forfeiture	1780
until the court having jurisdiction over the offense that led to	1781
the suspension issues an order terminating the forfeiture.	1782
However, for a motor vehicle leased in the name of a person named	1783
in a declaration of forfeiture, the registrar shall not implement	1784
the preceding sentence until the registrar adopts procedures for	1785
that implementation under section 4503.39 of the Revised Code.	1786
Upon receipt by the registrar of such an order, the registrar also	1787
shall take the measures necessary to permit the person to register	1788
a motor vehicle the person owns or leases or to transfer the	1789
registration of a motor vehicle the person owns or leases if the	1790
person later makes a proper application and otherwise is eligible	1791
to be issued or to transfer a motor vehicle registration.	1792

(B) Division (A) of this section applies to persons arrested	1793
for violation of:	1794

(1) Any of the provisions of Chapter 4511. or 4513. of the	1795
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	1796
4513.36 of the Revised Code;	1797

(2) Any municipal ordinance substantially similar to a	1798
section included in division (B)(1) of this section;	1799

(3) Any bylaw, rule, or regulation of the Ohio turnpike and	1800
infrastructure commission substantially similar to a section	1801
included in division (B)(1) of this section.	1802

Division (A) of this section does not apply to those persons	1803
issued a citation for the commission of a minor misdemeanor under	1804
section 2935.26 of the Revised Code.	1805

(C) No license shall be accepted as bond by an arresting	1806
officer or by a court under this section until the officer or	1807
court has notified the person that, if the person deposits the	1808
license with the officer or court and either does not appear on	1809
the date and at the time set by the officer or the court, if the	1810
court sets a time, or does not satisfy any judgment rendered,	1811
including, but not limited to, compliance with all court orders,	1812
the license will be suspended, and the person will not be eligible	1813
for reissuance of the license or issuance of a new license, or the	1814
issuance of a certificate of registration for a motor vehicle	1815
owned or leased by the person until the person appears and	1816
complies with any order issued by the court. The person also is	1817
subject to any criminal penalties that may apply to the person.	1818

(D) The registrar shall not restore the person's driving or	1819
vehicle registration privileges until the person pays the	1820
reinstatement fee as provided in this section.	1821

Sec. 3354.13. The ownership of a community college created	1822
and established pursuant to provisions of sections 3354.02 and	1823
3354.04 of the Revised Code, including all right, title, and	1824
interest in and to all property, both real and personal,	1825
pertaining thereto, shall be vested in the board of trustees of	1826
the community college district in which such college is situated,	1827
except as may be provided in a contract entered into under the	1828
authority of division (A) of section 3354.09 of the Revised Code.	1829
The board may acquire by appropriation any land, rights, rights of	1830
way, franchises, easements, or other property necessary or proper	1831
for the construction or the efficient operation of any facility of	1832
the community college district, pursuant to the procedure provided	1833
in section 5537.06 of the Revised Code, with respect to the Ohio	1834
turnpike and infrastructure commission, and insofar as such	1835
procedure is applicable.	1836

Any instrument by which real property is acquired pursuant to	1837
this section shall identify the agency of the state that has the	1838
use and benefit of the real property as specified in section	1839
5301.012 of the Revised Code.	1840

Sec. 3355.10. The ownership of the university branch campus,	1841
created and established pursuant to sections 3355.01 to 3355.14 of	1842
the Revised Code, including all right, title, and interest in and	1843
to all property, both real and personal, pertaining thereto, shall	1844
be vested in the managing authority of the university branch	1845
district. The board may acquire by appropriation any land, rights,	1846
rights of way, franchises, easements, or other property necessary	1847
or proper for the construction or the efficient operation of any	1848
facility of the university branch district, pursuant to section	1849
5537.06 of the Revised Code, with respect to the Ohio turnpike and	1850
infrastructure commission, and insofar as such procedure is	1851
applicable.	1852

University branch district bonds, issued pursuant to section	1853
3355.08 of the Revised Code, are lawful investments of banks,	1854
savings banks, trust companies, trustees, boards of trustees of	1855
sinking funds of municipal corporations, school districts,	1856
counties, the administrator of workers' compensation, the state	1857
teachers retirement system, the public employees retirement	1858
system, and the school employees retirement system, and also are	1859
acceptable as security for the deposit of public moneys.	1860

Any instrument by which real property is acquired pursuant to	1861
this section shall identify the agency of the state that has the	1862
use and benefit of the real property as specified in section	1863
5301.012 of the Revised Code.	1864

Sec. 3357.12. The ownership of a technical college, created	1865
and established pursuant to section 3357.07 of the Revised Code,	1866
including all right, title, and interest in and to all property,	1867
both real and personal, pertaining thereto, shall be vested in the	1868
board of trustees of the technical college district in which such	1869
college is situated. The board may acquire by appropriation any	1870
land, rights, rights-of-way, franchises, easements, or other	1871
property necessary or proper for the construction or the efficient	1872
operation of any facility of the technical college district,	1873
pursuant to the procedure provided in section 5537.06 of the	1874
Revised Code, with respect to the Ohio turnpike and infrastructure	1875
commission, and insofar as such procedure is applicable.	1876

Any instrument by which real property is acquired pursuant to	1877
this section shall identify the agency of the state that has the	1878
use and benefit of the real property as specified in section	1879
5301.012 of the Revised Code.	1880

Sec. 3705.242. (A)(1) The director of health, a person	1881
authorized by the director, a local commissioner of health, or a	1882
local registrar of vital statistics shall charge and collect a fee	1883
of one dollar and fifty cents for each certified copy of a birth	1884
record, each certification of birth, and each copy of a death	1885
record. The fee is in addition to the fee imposed by section	1886
3705.24 or any other section of the Revised Code. A local	1887
commissioner of health or local registrar of vital statistics may	1888
retain an amount of each additional fee collected, not to exceed	1889
three per cent of the amount of the additional fee, to be used for	1890
costs directly related to the collection of the fee and the	1891
forwarding of the fee to the department of health.	1892

The additional fees collected by the director of health or a	1893
person authorized by the director and the additional fees	1894
collected but not retained by a local commissioner of health or a	1895
local registrar of vital statistics shall be forwarded to the	1896
department of health not later than thirty days following the end	1897
of each quarter. Not later than two days after the fees are	1898
forwarded to the department each quarter, the department shall pay	1899
the collected fees to the treasurer of state in accordance with	1900
rules adopted by the treasurer of state under section 113.08 of	1901
the Revised Code.	1902

(2) On the filing of a divorce decree under section 3105.10	1903
or a decree of dissolution under section 3105.65 of the Revised	1904
Code, a court of common pleas shall charge and collect a fee of	1905
five dollars and fifty cents. The fee is in addition to any other	1906
court costs or fees. The county clerk of courts may retain an	1907
amount of each additional fee collected, not to exceed three per	1908
cent of the amount of the additional fee, to be used for costs	1909
directly related to the collection of the fee and the forwarding	1910
of the fee to the treasurer of state. The additional fees	1911
collected, but not retained, under division (A)(2) of this section	1912
shall be forwarded to the treasurer of state not later than twenty	1913
days following the end of each month.	1914

(B) The treasurer of state shall deposit the fees paid or	1915
forwarded under this section in the state treasury to the credit	1916
of the family violence prevention fund, which is hereby created. A	1917
person or government entity that fails to pay or forward the fees	1918
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	1919
described in this section, shall send to the ~~treasurer of state,~~	1920
~~in addition to the fees,~~department of public safety a penalty	1921
equal to ten per cent of the fees. The department of public safety	1922
shall forward all collected late fees to the treasurer of state	1923
for deposit into the family violence prevention fund in accordance	1924
with rules adopted by the treasurer of state under section 113.08	1925
of the Revised Code.	1926

The treasurer of state shall invest the moneys in the fund.	1927
All earnings resulting from investment of the fund shall be	1928
credited to the fund, except that actual administration costs	1929
incurred by the treasurer of state in administering the fund may	1930
be deducted from the earnings resulting from investments. The	1931
amount that may be deducted shall not exceed three per cent of the	1932
total amount of fees credited to the fund in each fiscal year. The	1933
balance of the investment earnings shall be credited to the fund.	1934

(C) The director of public safety shall use money credited to	1935
the fund to provide grants to family violence shelters in Ohio and	1936
to operate the division of criminal justice services.	1937

Sec. 3791.12. (A) As used in this section and section	1938
3791.13 of the Revised Code:	1939

(1) "Service station" means any facility designed and	1940
constructed primarily for use in the retail sale of gasoline,	1941
other petroleum products, and related accessories; except that	1942
"service station" does not include any such facility that has been	1943
converted for use for another bona fide business purpose, on and	1944
after the date of commencement of such other use.	1945

(2) "Abandoned service station" means any service station	1946
that has not been used for the retail sale of gasoline, other	1947
petroleum products, and related accessories for a continuous	1948
period of six months, whenever failure to reasonably secure	1949
station buildings from ready access by unauthorized persons and to	1950
reasonably maintain the station's premises has resulted in	1951
conditions that endanger the public health, welfare, safety, or	1952
morals; provided, that such conditions include, but are not	1953
limited to, the presence of defective or deteriorated electrical	1954
wiring, heating apparatus, and gas connections, or of unprotected	1955
gasoline storage tanks, piping, and valves, or any combination of	1956
the foregoing; and provided further that the casual and	1957
intermittent use of a service station for the retail sale of any	1958
item described in division (A)(1) of this section during such	1959
six-month period shall not be held to prevent the station from	1960
being determined an abandoned service station if it meets the	1961
other qualifications of this division.	1962

(B) The executive authority of each municipal corporation and	1963
the board of county commissioners of each county shall designate a	1964
suitable person to make inspections, within their respective	1965
territorial jurisdictions, of any service stations that are, or	1966
appear to be, no longer in use for the purposes described in	1967
division (A)(1) of this section ~~3791.11 of the Revised Code~~, or	1968
for any other bona fide business purpose. Inspections of service	1969
stations under this section shall be made at the order of the	1970
executive authority or board, or upon the complaint of any person	1971
claiming to be adversely affected by the condition of a service	1972
station. Any inspector designated under this section shall have	1973
the right to enter upon and inspect any service station that is,	1974
or appears to be, no longer in use as described in this section.	1975
No inspector, while in the lawful pursuit of official duties for	1976
such purpose, shall be subject to arrest for trespass while so	1977
engaged or for such cause thereafter.	1978

~~(B)~~(C) Whenever an inspector, upon inspecting a service	1979
station as provided in this section, has reasonable cause to	1980
believe that it qualifies as an abandoned service station, the	1981
inspector shall prepare a written report of the condition of the	1982
station's buildings and premises. The report shall be filed	1983
immediately with the executive authority or board. Upon receipt of	1984
the report, the executive authority or board shall fix a place and	1985
time, not less than thirty days nor more than sixty days after	1986
receipt of the report, for a hearing to determine whether the	1987
service station is an abandoned service station. The executive	1988
authority or board shall send written notice of the place and date	1989
of the hearing, together with a copy of the inspector's report and	1990
information that the service station may be ordered repaired or	1991
removed if determined to be abandoned, to all persons listed in	1992
the ~~bond filed under division (C) of section 3791.11 of the~~	1993
~~Revised Code~~records of the county recorder as an owner of the	1994
affected property, and to all persons listed in the records of the	1995
county recorder or county clerk of courts as holding a lien on the	1996
affected property. Such notice shall be sent by certified mail to	1997
the address shown on such records.	1998

~~(C)~~(D) In hearing the matter and deciding the issue, the	1999
executive authority or board shall consider the testimony of any	2000
persons appearing pursuant to the notice or their authorized	2001
representatives, the testimony of any witnesses appearing on	2002
behalf of such persons, the inspector's report or testimony, or	2003
both, and any other evidence pertinent to the matter. If the	2004
executive authority or board thereupon determines that the service	2005
station is an abandoned service station in such condition as to	2006
constitute a danger to the public health, welfare, safety, or	2007
morals, it shall order the satisfactory repair, or removal, of the	2008
service station and its appurtenances, and restoration of the	2009
property, within such period of time, not less than thirty days,	2010
as the executive authority or board thereupon determines	2011
reasonable. Notice of the findings and order shall be sent to all	2012
persons required to be notified by division ~~(B)~~(C) of this section	2013
in the same manner as provided in that division.	2014

~~(D)~~(E) If an abandoned service station is not satisfactorily	2015
repaired or removed within the period of time provided in an order	2016
made under division ~~(C)~~(D) of this section, the municipal	2017
corporation or county may enter the land and complete the repair,	2018
if repair was ordered, or remove the service station and its	2019
appurtenances, if removal was ordered, and restore the property.	2020

~~(E)~~(F) Any person aggrieved by an order of an executive	2021
authority or board made under division ~~(C)~~(D) of this section, may	2022
appeal as provided in Chapter 2506. of the Revised Code within	2023
thirty days of the mailing of notice of the order.	2024

~~(F)~~(G) In the event that no persons notified as provided in	2025
division ~~(B)~~(C) of this section, or their authorized	2026
representatives, appear at the hearing, respond to an order of the	2027
executive authority or board, or appeal within thirty days of the	2028
mailing of notice of the order as provided in division ~~(E)~~(F) of	2029
this section, the municipal corporation or county may proceed as	2030
provided in division ~~(D)~~(E) of this section.	2031

Sec. 3791.13. (A) When a municipal corporation or county	2032
enters and repairs or removes an abandoned service station and its	2033
appurtenances and restores the property as provided in division	2034
~~(D)~~(E) or ~~(F)~~(G) of section 3791.12 of the Revised Code, it may	2035
bring an action ~~on the bond filed pursuant to division (C) of~~	2036
~~section 3791.11 of the Revised Code~~ to recover the costs of repair	2037
or removal and restoration, plus the costs of the suit. ~~If the~~	2038
~~costs of repair or removal and restoration exceed the amount~~	2039
~~collected on the bond, the~~The owner of the property and any	2040
lessee, other than a person leasing and operating the service	2041
station pursuant to a contract with a supplier of gasoline and	2042
other petroleum products, shall be jointly and severally liable	2043
for the ~~deficiency~~costs.	2044

(B) Sections ~~3791.11,~~ 3791.12, 3791.13 and 3791.99 of the	2045
Revised Code shall be an alternative remedy for the removal of	2046
abandoned service stations and shall not invalidate municipal	2047
ordinances regulating the use, requiring maintenance or repair, or	2048
providing for the removal of service stations.	2049

Sec. 3791.99. (A) Whoever violates ~~division (B) of section~~	2050
~~3791.11 or~~ division (D) of section 3791.21 of the Revised Code is	2051
guilty of a minor misdemeanor, and each day the violation	2052
continues constitutes a separate offense.	2053

(B) Whoever violates this chapter or any rule adopted or	2054
order issued pursuant to it that relates to the construction,	2055
alteration, or repair of any building, and the violation is not	2056
detrimental to the health, safety, or welfare of any person, shall	2057
be fined not more than one hundred dollars.	2058

(C) Whoever violates this chapter or any rule adopted or	2059
order issued pursuant to it that relates to the construction,	2060
alteration, or repair of any building, and the violation is	2061
detrimental to the health, safety, or welfare of any person, is	2062
guilty of a minor misdemeanor.	2063

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2064
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2065
Revised Code, and in the penal laws, except as otherwise provided:	2066

(A) "Vehicles" means everything on wheels or runners,	2067
including motorized bicycles, but does not mean electric personal	2068
assistive mobility devices, vehicles that are operated exclusively	2069
on rails or tracks or from overhead electric trolley wires, and	2070
vehicles that belong to any police department, municipal fire	2071
department, or volunteer fire department, or that are used by such	2072
a department in the discharge of its functions.	2073

(B) "Motor vehicle" means any vehicle, including mobile homes	2074
and recreational vehicles, that is propelled or drawn by power	2075
other than muscular power or power collected from overhead	2076
electric trolley wires. "Motor vehicle" does not include utility	2077
vehicles as defined in division (VV) of this section, motorized	2078
bicycles, road rollers, traction engines, power shovels, power	2079
cranes, and other equipment used in construction work and not	2080
designed for or employed in general highway transportation,	2081
well-drilling machinery, ditch-digging machinery, farm machinery,	2082
and trailers that are designed and used exclusively to transport a	2083
boat between a place of storage and a marina, or in and around a	2084
marina, when drawn or towed on a public road or highway for a	2085
distance of no more than ten miles and at a speed of twenty-five	2086
miles per hour or less.	2087

(C) "Agricultural tractor" and "traction engine" mean any	2088
self-propelling vehicle that is designed or used for drawing other	2089
vehicles or wheeled machinery, but has no provisions for carrying	2090
loads independently of such other vehicles, and that is used	2091
principally for agricultural purposes.	2092

(D) "Commercial tractor," except as defined in division (C)	2093
of this section, means any motor vehicle that has motive power and	2094
either is designed or used for drawing other motor vehicles, or is	2095
designed or used for drawing another motor vehicle while carrying	2096
a portion of the other motor vehicle or its load, or both.	2097

(E) "Passenger car" means any motor vehicle that is designed	2098
and used for carrying not more than nine persons and includes any	2099
motor vehicle that is designed and used for carrying not more than	2100
fifteen persons in a ridesharing arrangement.	2101

(F) "Collector's vehicle" means any motor vehicle or	2102
agricultural tractor or traction engine that is of special	2103
interest, that has a fair market value of one hundred dollars or	2104
more, whether operable or not, and that is owned, operated,	2105
collected, preserved, restored, maintained, or used essentially as	2106
a collector's item, leisure pursuit, or investment, but not as the	2107
owner's principal means of transportation. "Licensed collector's	2108
vehicle" means a collector's vehicle, other than an agricultural	2109
tractor or traction engine, that displays current, valid license	2110
tags issued under section 4503.45 of the Revised Code, or a	2111
similar type of motor vehicle that displays current, valid license	2112
tags issued under substantially equivalent provisions in the laws	2113
of other states.	2114

(G) "Historical motor vehicle" means any motor vehicle that	2115
is over twenty-five years old and is owned solely as a collector's	2116
item and for participation in club activities, exhibitions, tours,	2117
parades, and similar uses, but that in no event is used for	2118
general transportation.	2119

(H) "Noncommercial motor vehicle" means any motor vehicle,	2120
including a farm truck as defined in section 4503.04 of the	2121
Revised Code, that is designed by the manufacturer to carry a load	2122
of no more than one ton and is used exclusively for purposes other	2123
than engaging in business for profit.	2124

(I) "Bus" means any motor vehicle that has motor power and is	2125
designed and used for carrying more than nine passengers, except	2126
any motor vehicle that is designed and used for carrying not more	2127
than fifteen passengers in a ridesharing arrangement.	2128

(J) "Commercial car" or "truck" means any motor vehicle that	2129
has motor power and is designed and used for carrying merchandise	2130
or freight, or that is used as a commercial tractor.	2131

(K) "Bicycle" means every device, other than a ~~tricycle~~	2132
device that is designed solely for use as a play vehicle by a	2133
child, that is propelled solely by human power upon which ~~any~~a	2134
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	2135
~~wheel in front and two wheels in the rear, or two wheels in the~~	2136
~~front and one wheel in the rear,~~ any of which is more than	2137
fourteen inches in diameter.	2138

(L) "Motorized bicycle" means any vehicle that either has two	2139
tandem wheels or one wheel in the front and two wheels in the	2140
rear, that is capable of being pedaled, and that is equipped with	2141
a helper motor of not more than fifty cubic centimeters piston	2142
displacement that produces no more than one brake horsepower and	2143
is capable of propelling the vehicle at a speed of no greater than	2144
twenty miles per hour on a level surface.	2145

(M) "Trailer" means any vehicle without motive power that is	2146
designed or used for carrying property or persons wholly on its	2147
own structure and for being drawn by a motor vehicle, and includes	2148
any such vehicle that is formed by or operated as a combination of	2149
a semitrailer and a vehicle of the dolly type such as that	2150
commonly known as a trailer dolly, a vehicle used to transport	2151
agricultural produce or agricultural production materials between	2152
a local place of storage or supply and the farm when drawn or	2153
towed on a public road or highway at a speed greater than	2154
twenty-five miles per hour, and a vehicle that is designed and	2155
used exclusively to transport a boat between a place of storage	2156
and a marina, or in and around a marina, when drawn or towed on a	2157
public road or highway for a distance of more than ten miles or at	2158
a speed of more than twenty-five miles per hour. "Trailer" does	2159
not include a manufactured home or travel trailer.	2160

(N) "Noncommercial trailer" means any trailer, except a	2161
travel trailer or trailer that is used to transport a boat as	2162
described in division (B) of this section, but, where applicable,	2163
includes a vehicle that is used to transport a boat as described	2164
in division (M) of this section, that has a gross weight of no	2165
more than ten thousand pounds, and that is used exclusively for	2166
purposes other than engaging in business for a profit, such as the	2167
transportation of personal items for personal or recreational	2168
purposes.	2169

(O) "Mobile home" means a building unit or assembly of closed	2170
construction that is fabricated in an off-site facility, is more	2171
than thirty-five body feet in length or, when erected on site, is	2172
three hundred twenty or more square feet, is built on a permanent	2173
chassis, is transportable in one or more sections, and does not	2174
qualify as a manufactured home as defined in division (C)(4) of	2175
section 3781.06 of the Revised Code or as an industrialized unit	2176
as defined in division (C)(3) of section 3781.06 of the Revised	2177
Code.	2178

(P) "Semitrailer" means any vehicle of the trailer type that	2179
does not have motive power and is so designed or used with another	2180
and separate motor vehicle that in operation a part of its own	2181
weight or that of its load, or both, rests upon and is carried by	2182
the other vehicle furnishing the motive power for propelling	2183
itself and the vehicle referred to in this division, and includes,	2184
for the purpose only of registration and taxation under those	2185
chapters, any vehicle of the dolly type, such as a trailer dolly,	2186
that is designed or used for the conversion of a semitrailer into	2187
a trailer.	2188

(Q) "Recreational vehicle" means a vehicular portable	2189
structure that meets all of the following conditions:	2190

(1) It is designed for the sole purpose of recreational	2191
travel.	2192

(2) It is not used for the purpose of engaging in business	2193
for profit.	2194

(3) It is not used for the purpose of engaging in intrastate	2195
commerce.	2196

(4) It is not used for the purpose of commerce as defined in	2197
49 C.F.R. 383.5, as amended.	2198

(5) It is not regulated by the public utilities commission	2199
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	2200

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

2201

(a) "Travel trailer" means a nonself-propelled recreational	2202
vehicle that does not exceed an overall length of thirty-five	2203
feet, exclusive of bumper and tongue or coupling, and contains	2204
less than three hundred twenty square feet of space when erected	2205
on site. "Travel trailer" includes a tent-type fold-out camping	2206
trailer as defined in section 4517.01 of the Revised Code.	2207

(b) "Motor home" means a self-propelled recreational vehicle	2208
that has no fifth wheel and is constructed with permanently	2209
installed facilities for cold storage, cooking and consuming of	2210
food, and for sleeping.	2211

(c) "Truck camper" means a nonself-propelled recreational	2212
vehicle that does not have wheels for road use and is designed to	2213
be placed upon and attached to a motor vehicle. "Truck camper"	2214
does not include truck covers that consist of walls and a roof,	2215
but do not have floors and facilities enabling them to be used as	2216
a dwelling.	2217

(d) "Fifth wheel trailer" means a vehicle that is of such	2218
size and weight as to be movable without a special highway permit,	2219
that has a gross trailer area of four hundred square feet or less,	2220
that is constructed with a raised forward section that allows a	2221
bi-level floor plan, and that is designed to be towed by a vehicle	2222
equipped with a fifth-wheel hitch ordinarily installed in the bed	2223
of a truck.	2224

(e) "Park trailer" means a vehicle that is commonly known as	2225
a park model recreational vehicle, meets the American national	2226
standard institute standard A119.5 (1988) for park trailers, is	2227
built on a single chassis, has a gross trailer area of four	2228
hundred square feet or less when set up, is designed for seasonal	2229
or temporary living quarters, and may be connected to utilities	2230
necessary for the operation of installed features and appliances.	2231

(R) "Pneumatic tires" means tires of rubber and fabric or	2232
tires of similar material, that are inflated with air.	2233

(S) "Solid tires" means tires of rubber or similar elastic	2234
material that are not dependent upon confined air for support of	2235
the load.	2236

(T) "Solid tire vehicle" means any vehicle that is equipped	2237
with two or more solid tires.	2238

(U) "Farm machinery" means all machines and tools that are	2239
used in the production, harvesting, and care of farm products, and	2240
includes trailers that are used to transport agricultural produce	2241
or agricultural production materials between a local place of	2242
storage or supply and the farm, agricultural tractors, threshing	2243
machinery, hay-baling machinery, corn shellers, hammermills, and	2244
machinery used in the production of horticultural, agricultural,	2245
and vegetable products.	2246

(V) "Owner" includes any person or firm, other than a	2247
manufacturer or dealer, that has title to a motor vehicle, except	2248
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2249
includes in addition manufacturers and dealers.	2250

(W) "Manufacturer" and "dealer" include all persons and firms	2251
that are regularly engaged in the business of manufacturing,	2252
selling, displaying, offering for sale, or dealing in motor	2253
vehicles, at an established place of business that is used	2254
exclusively for the purpose of manufacturing, selling, displaying,	2255
offering for sale, or dealing in motor vehicles. A place of	2256
business that is used for manufacturing, selling, displaying,	2257
offering for sale, or dealing in motor vehicles shall be deemed to	2258
be used exclusively for those purposes even though snowmobiles or	2259
all-purpose vehicles are sold or displayed for sale thereat, even	2260
though farm machinery is sold or displayed for sale thereat, or	2261
even though repair, accessory, gasoline and oil, storage, parts,	2262
service, or paint departments are maintained thereat, or, in any	2263
county having a population of less than seventy-five thousand at	2264
the last federal census, even though a department in a place of	2265
business is used to dismantle, salvage, or rebuild motor vehicles	2266
by means of used parts, if such departments are operated for the	2267
purpose of furthering and assisting in the business of	2268
manufacturing, selling, displaying, offering for sale, or dealing	2269
in motor vehicles. Places of business or departments in a place of	2270
business used to dismantle, salvage, or rebuild motor vehicles by	2271
means of using used parts are not considered as being maintained	2272
for the purpose of assisting or furthering the manufacturing,	2273
selling, displaying, and offering for sale or dealing in motor	2274
vehicles.	2275

(X) "Operator" includes any person who drives or operates a	2276
motor vehicle upon the public highways.	2277

(Y) "Chauffeur" means any operator who operates a motor	2278
vehicle, other than a taxicab, as an employee for hire; or any	2279
operator whether or not the owner of a motor vehicle, other than a	2280
taxicab, who operates such vehicle for transporting, for gain,	2281
compensation, or profit, either persons or property owned by	2282
another. Any operator of a motor vehicle who is voluntarily	2283
involved in a ridesharing arrangement is not considered an	2284
employee for hire or operating such vehicle for gain,	2285
compensation, or profit.	2286

(Z) "State" includes the territories and federal districts of	2287
the United States, and the provinces of Canada.	2288

(AA) "Public roads and highways" for vehicles includes all	2289
public thoroughfares, bridges, and culverts.	2290

(BB) "Manufacturer's number" means the manufacturer's	2291
original serial number that is affixed to or imprinted upon the	2292
chassis or other part of the motor vehicle.	2293

(CC) "Motor number" means the manufacturer's original number	2294
that is affixed to or imprinted upon the engine or motor of the	2295
vehicle.	2296

(DD) "Distributor" means any person who is authorized by a	2297
motor vehicle manufacturer to distribute new motor vehicles to	2298
licensed motor vehicle dealers at an established place of business	2299
that is used exclusively for the purpose of distributing new motor	2300
vehicles to licensed motor vehicle dealers, except when the	2301
distributor also is a new motor vehicle dealer, in which case the	2302
distributor may distribute at the location of the distributor's	2303
licensed dealership.	2304

(EE) "Ridesharing arrangement" means the transportation of	2305
persons in a motor vehicle where the transportation is incidental	2306
to another purpose of a volunteer driver and includes ridesharing	2307
arrangements known as carpools, vanpools, and buspools.	2308

(FF) "Apportionable vehicle" means any vehicle that is used	2309
or intended for use in two or more international registration plan	2310
member jurisdictions that allocate or proportionally register	2311
vehicles, that is used for the transportation of persons for hire	2312
or designed, used, or maintained primarily for the transportation	2313
of property, and that meets any of the following qualifications:	2314

(1) Is a power unit having a gross vehicle weight in excess	2315
of twenty-six thousand pounds;	2316

(2) Is a power unit having three or more axles, regardless of	2317
the gross vehicle weight;	2318

(3) Is a combination vehicle with a gross vehicle weight in	2319
excess of twenty-six thousand pounds.	2320

"Apportionable vehicle" does not include recreational	2321
vehicles, vehicles displaying restricted plates, city pick-up and	2322
delivery vehicles, buses used for the transportation of chartered	2323
parties, or vehicles owned and operated by the United States, this	2324
state, or any political subdivisions thereof.	2325

(GG) "Chartered party" means a group of persons who contract	2326
as a group to acquire the exclusive use of a passenger-carrying	2327
motor vehicle at a fixed charge for the vehicle in accordance with	2328
the carrier's tariff, lawfully on file with the United States	2329
department of transportation, for the purpose of group travel to a	2330
specified destination or for a particular itinerary, either agreed	2331
upon in advance or modified by the chartered group after having	2332
left the place of origin.	2333

(HH) "International registration plan" means a reciprocal	2334
agreement of member jurisdictions that is endorsed by the American	2335
association of motor vehicle administrators, and that promotes and	2336
encourages the fullest possible use of the highway system by	2337
authorizing apportioned registration of fleets of vehicles and	2338
recognizing registration of vehicles apportioned in member	2339
jurisdictions.	2340

(II) "Restricted plate" means a license plate that has a	2341
restriction of time, geographic area, mileage, or commodity, and	2342
includes license plates issued to farm trucks under division (J)	2343
of section 4503.04 of the Revised Code.	2344

(JJ) "Gross vehicle weight," with regard to any commercial	2345
car, trailer, semitrailer, or bus that is taxed at the rates	2346
established under section 4503.042 or 4503.65 of the Revised Code,	2347
means the unladen weight of the vehicle fully equipped plus the	2348
maximum weight of the load to be carried on the vehicle.	2349

(KK) "Combined gross vehicle weight" with regard to any	2350
combination of a commercial car, trailer, and semitrailer, that is	2351
taxed at the rates established under section 4503.042 or 4503.65	2352
of the Revised Code, means the total unladen weight of the	2353
combination of vehicles fully equipped plus the maximum weight of	2354
the load to be carried on that combination of vehicles.	2355

(LL) "Chauffeured limousine" means a motor vehicle that is	2356
designed to carry nine or fewer passengers and is operated for	2357
hire on an hourly basis pursuant to a prearranged contract for the	2358
transportation of passengers on public roads and highways along a	2359
route under the control of the person hiring the vehicle and not	2360
over a defined and regular route. "Prearranged contract" means an	2361
agreement, made in advance of boarding, to provide transportation	2362
from a specific location in a chauffeured limousine at a fixed	2363
rate per hour or trip. "Chauffeured limousine" does not include	2364
any vehicle that is used exclusively in the business of funeral	2365
directing.	2366

(MM) "Manufactured home" has the same meaning as in division	2367
(C)(4) of section 3781.06 of the Revised Code.	2368

(NN) "Acquired situs," with respect to a manufactured home or	2369
a mobile home, means to become located in this state by the	2370
placement of the home on real property, but does not include the	2371
placement of a manufactured home or a mobile home in the inventory	2372
of a new motor vehicle dealer or the inventory of a manufacturer,	2373
remanufacturer, or distributor of manufactured or mobile homes.	2374

(OO) "Electronic" includes electrical, digital, magnetic,	2375
optical, electromagnetic, or any other form of technology that	2376
entails capabilities similar to these technologies.	2377

(PP) "Electronic record" means a record generated,	2378
communicated, received, or stored by electronic means for use in	2379
an information system or for transmission from one information	2380
system to another.	2381

(QQ) "Electronic signature" means a signature in electronic	2382
form attached to or logically associated with an electronic	2383
record.	2384

(RR) "Financial transaction device" has the same meaning as	2385
in division (A) of section 113.40 of the Revised Code.	2386

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2387
dealer licensed under Chapter 4517. of the Revised Code whom the	2388
registrar of motor vehicles determines meets the criteria	2389
designated in section 4503.035 of the Revised Code for electronic	2390
motor vehicle dealers and designates as an electronic motor	2391
vehicle dealer under that section.	2392

(TT) "Electric personal assistive mobility device" means a	2393
self-balancing two non-tandem wheeled device that is designed to	2394
transport only one person, has an electric propulsion system of an	2395
average of seven hundred fifty watts, and when ridden on a paved	2396
level surface by an operator who weighs one hundred seventy pounds	2397
has a maximum speed of less than twenty miles per hour.	2398

(UU) "Limited driving privileges" means the privilege to	2399
operate a motor vehicle that a court grants under section 4510.021	2400
of the Revised Code to a person whose driver's or commercial	2401
driver's license or permit or nonresident operating privilege has	2402
been suspended.	2403

(VV) "Utility vehicle" means a self-propelled vehicle	2404
designed with a bed, principally for the purpose of transporting	2405
material or cargo in connection with construction, agricultural,	2406
forestry, grounds maintenance, lawn and garden, materials	2407
handling, or similar activities. "Utility vehicle" includes a	2408
vehicle with a maximum attainable speed of twenty miles per hour	2409
or less that is used exclusively within the boundaries of state	2410
parks by state park employees or volunteers for the operation or	2411
maintenance of state park facilities.	2412

Sec. 4501.03. The registrar of motor vehicles shall open an	2413
account with each county and district of registration in the	2414
state, and may assign each county and district of registration in	2415
the state a unique code for identification purposes. Except as	2416
provided in section 4501.044 or division (A)(1) of section	2417
4501.045 of the Revised Code, the registrar shall pay all moneys	2418
the registrar receives under sections 4503.02,and 4503.12~~, and~~	2419
~~4504.09~~ of the Revised Code into the state treasury to the credit	2420
of the auto registration distribution fund, which is hereby	2421
created, for distribution in the manner provided for in this	2422
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	2423
~~4501.043~~ of the Revised Code. All other moneys received by the	2424
registrar shall be deposited in the state bureau of motor vehicles	2425
fund established in section 4501.25 of the Revised Code for the	2426
purposes enumerated in that section, unless otherwise provided by	2427
law.	2428

All moneys credited to the auto registration distribution	2429
fund shall be distributed to the counties and districts of	2430
registration, ~~except for funds received by the registrar under~~	2431
~~section 4504.09 of the Revised Code,~~ after receipt of	2432
certifications from the commissioners of the sinking fund	2433
certifying, as required by sections 5528.15 and 5528.35 of the	2434
Revised Code, that there are sufficient moneys to the credit of	2435
the highway improvement bond retirement fund created by section	2436
5528.12 of the Revised Code to meet in full all payments of	2437
interest, principal, and charges for the retirement of bonds and	2438
other obligations issued pursuant to Section 2g of Article VIII,	2439
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2440
Code due and payable during the current calendar year, and that	2441
there are sufficient moneys to the credit of the highway	2442
obligations bond retirement fund created by section 5528.32 of the	2443
Revised Code to meet in full all payments of interest, principal,	2444
and charges for the retirement of highway obligations issued	2445
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2446
sections 5528.30 and 5528.31 of the Revised Code due and payable	2447
during the current calendar year, in the manner provided in	2448
section 4501.04 of the Revised Code.	2449

The treasurer of state may invest any portion of the moneys	2450
credited to the auto registration distribution fund, in the same	2451
manner and subject to all the laws with respect to the investment	2452
of state funds by the treasurer of state, and all investment	2453
earnings of the fund shall be credited to the fund.	2454

Once each month the registrar shall prepare vouchers in favor	2455
of the county auditor of each county for the amount of the tax	2456
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2457
Code apportioned to the county and to the districts of	2458
registration located wholly or in part in the county auditor's	2459
county. The county auditor shall distribute the proceeds of the	2460
tax collections due the county and the districts of registration	2461
in the manner provided in section 4501.04 of the Revised Code.	2462

~~Once each month the registrar also shall prepare vouchers in~~	2463
~~favor of the county auditor of each county levying a county motor~~	2464
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	2465
~~4504.16 of the Revised Code and of each county in which is located~~	2466
~~one or more townships levying a township motor vehicle license tax~~	2467
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	2468
~~the tax due the county or townships in the county.~~	2469

All moneys received by the registrar under sections 4503.02,	2470
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	2471
to counties, townships, and municipal corporations within thirty	2472
days of the expiration of the registration year, except that a sum	2473
equal to five per cent of the total amount received under sections	2474
4503.02 and 4503.12 of the Revised Code may be reserved to make	2475
final adjustments in accordance with the formula for distribution	2476
set forth in section 4501.04 of the Revised Code. If amounts set	2477
aside to make the adjustments are inadequate, necessary	2478
adjustments shall be made immediately out of funds available for	2479
distribution for the following two registration years.	2480

Sec. 4501.031. All moneys received under section 4504.09 of	2481
the Revised Code shall be paid into the state treasury to the	2482
credit of the local motor vehicle license tax fund, which is	2483
hereby created, for distribution in the manner provided for in	2484
this chapter. The treasurer of state may invest any portion of the	2485
moneys credited to the fund in the same manner and subject to all	2486
the laws governing the investment of state funds by the treasurer	2487
of state. All investment earnings of the fund shall be credited to	2488
the fund.	2489

The registrar of motor vehicles shall open an account with	2490
each county and district of registration in the state, and may	2491
assign each county and district a code for identification	2492
purposes. The code for a county or district may be the same as the	2493
code assigned to the county or district by the registrar under	2494
section 4501.03 of the Revised Code.	2495

Once each month the registrar shall prepare vouchers in favor	2496
of the county auditor of each county levying a county motor	2497
vehicle license tax pursuant to section 4504.02, 4504.15, or	2498
4504.16 of the Revised Code and of each county in which is located	2499
one or more townships levying a township motor vehicle license tax	2500
pursuant to section 4504.18 of the Revised Code for the amount of	2501
the tax due the county or townships in the county.	2502

All moneys received by the registrar under section 4504.09 of	2503
the Revised Code shall be distributed to counties, townships, and	2504
municipal corporations within thirty days of the expiration of the	2505
registration year. Necessary adjustments shall be made immediately	2506
out of funds available for distribution for the following two	2507
registration years.	2508

Sec. 4501.04. All moneys paid into the auto registration	2509
distribution fund under section 4501.03 of the Revised Code,	2510
except ~~moneys received under section 4504.09 of the Revised Code~~	2511
~~and~~ moneys received under section 4503.02 of the Revised Code in	2512
accordance with section 4501.13 of the Revised Code, and except	2513
moneys paid for costs of audits under section 4501.03 of the	2514
Revised Code, after receipt by the treasurer of state of	2515
certifications from the commissioners of the sinking fund	2516
certifying, as required by sections 5528.15 and 5528.35 of the	2517
Revised Code, that there are sufficient moneys to the credit of	2518
the highway improvement bond retirement fund created by section	2519
5528.12 of the Revised Code to meet in full all payments of	2520
interest, principal, and charges for the retirement of bonds and	2521
other obligations issued pursuant to Section 2g of Article VIII,	2522
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2523
Code, due and payable during the current calendar year, and that	2524
there are sufficient moneys to the credit of the highway	2525
obligations bond retirement fund created by section 5528.32 of the	2526
Revised Code to meet in full all payments of interest, principal,	2527
and charges for the retirement of highway obligations issued	2528
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2529
sections 5528.30 and 5528.31 of the Revised Code due and payable	2530
during the current calendar year, shall be distributed as follows:	2531

(A) Thirty-four per cent of all such moneys are for the use	2532
of the municipal corporation or county which constitutes the	2533
district of registration. The portion of such money due to the	2534
municipal corporation shall be paid into its treasury forthwith	2535
upon receipt by the county auditor, and shall be used to plan,	2536
construct, reconstruct, repave, widen, maintain, repair, clear,	2537
and clean public highways, roads, and streets; to maintain and	2538
repair bridges and viaducts; to purchase, erect, and maintain	2539
street and traffic signs and markers; to purchase, erect, and	2540
maintain traffic lights and signals; to pay the principal,	2541
interest, and charges on bonds and other obligations issued	2542
pursuant to Chapter 133. of the Revised Code or incurred pursuant	2543
to section 5531.09 of the Revised Code for the purpose of	2544
acquiring or constructing roads, highways, bridges, or viaducts,	2545
or acquiring or making other highway improvements for which the	2546
municipal corporation may issue bonds; and to supplement revenue	2547
already available for such purposes.	2548

The county portion of such funds shall be retained in the	2549
county treasury and shall be used for the planning, maintenance,	2550
repair, construction, and repaving of public streets, and	2551
maintaining and repairing bridges and viaducts; the payment of	2552
principal, interest, and charges on bonds and other obligations	2553
issued pursuant to Chapter 133. of the Revised Code or incurred	2554
pursuant to section 5531.09 of the Revised Code for the purpose of	2555
acquiring or constructing roads, highways, bridges, or viaducts or	2556
acquiring or making other highway improvements for which the board	2557
of county commissioners may issue bonds under such chapter; and	2558
for no other purpose.	2559

(B) Five per cent of all such moneys, together with interest	2560
earned by the treasurer of state as provided in section 4501.03 of	2561
the Revised Code, shall constitute a fund for the use of the	2562
several counties for the purposes specified in division (C) of	2563
this section. The moneys shall be divided equally among all the	2564
counties in the state and shall be paid out by the registrar of	2565
motor vehicles in equal proportions to the county auditor of each	2566
county within the state.	2567

(C) Forty-seven per cent of all such moneys shall be for the	2568
use of the county in which the owner resides or in which the place	2569
is located at which the established business or branch business in	2570
connection with which the motor vehicle registered is used, for	2571
the planning, construction, reconstruction, improvement,	2572
maintenance, and repair of roads and highways; maintaining and	2573
repairing bridges and viaducts; and the payment of principal,	2574
interest, and charges on bonds and other obligations issued	2575
pursuant to Chapter 133. of the Revised Code or incurred pursuant	2576
to section 5531.09 of the Revised Code for the purpose of	2577
acquiring or constructing roads, highways, bridges, or viaducts or	2578
acquiring or making other highway improvements for which the board	2579
of county commissioners may issue bonds under such chapter.	2580

(D) Nine per cent of all such moneys shall be for the use of	2581
the several counties for the purposes specified in division (C) of	2582
this section and shall be distributed to the several counties in	2583
the ratio which the total number of miles of county roads under	2584
the jurisdiction of each board of county commissioners in each	2585
county bears to the total number of miles of county roads in the	2586
state, as determined by the director of transportation. Before	2587
such distribution is made each board of county commissioners shall	2588
certify in writing to the director the actual number of miles	2589
under its statutory jurisdiction which are used by and maintained	2590
for the public.	2591

(E) Five per cent of all such moneys shall be for the use of	2592
the several townships and shall be distributed to the several	2593
townships in the ratio which the total number of miles of township	2594
roads under the jurisdiction of each board of township trustees in	2595
each township bears to the total number of miles of township roads	2596
in the state, as determined by the director of transportation.	2597
Before such distribution is made each board of township trustees	2598
shall certify in writing to the director the actual number of	2599
miles under its statutory jurisdiction which are used by and	2600
maintained for the public.	2601

Sec. 4501.041. Except as provided in section 4501.042 of the	2602
Revised Code, all moneys received under section 4504.09 of the	2603
Revised Code with respect to counties levying county motor vehicle	2604
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	2605
the Revised Code and paid into the state treasury under section	2606
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	2607
respective counties levying such taxes for allocation and	2608
distribution as provided in section 4504.05 of the Revised Code.	2609

Sec. 4501.042. All moneys received under section 4504.09 of	2610
the Revised Code from municipal motor vehicle license taxes levied	2611
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	2612
Revised Code, and any part of the moneys received from county	2613
motor vehicle license taxes levied pursuant to section 4504.15 of	2614
the Revised Code which is to be distributed to municipal	2615
corporations, shall be paid ~~directly~~ into the state treasury to	2616
the credit of the local motor vehicle license tax fund created	2617
under section 4501.031 of the Revised Code and shall be	2618
distributed to the treasuries of the municipal corporations	2619
levying or entitled to such tax moneys.	2620

Sec. 4501.043. All moneys received under section 4504.09 of	2621
the Revised Code with respect to townships levying township	2622
license taxes pursuant to section 4504.18 of the Revised Code and	2623
paid into the state treasury under section ~~4501.03~~4501.031 of the	2624
Revised Code shall be distributed to the respective townships	2625
levying such taxes for allocation and distribution as provided in	2626
section 4504.19 of the Revised Code.	2627

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	2628
referred to in division (O) of section 4503.04, division (E) of	2629
section 4503.042, division (B) of section 4503.07, division (C)(1)	2630
of section 4503.10, division (D) of section 4503.182, division (A)	2631
of section 4503.19, division (D)(2) of section 4507.24, division	2632
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	2633
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	2634
of the Revised Code, and the taxes charged in section 4503.65 that	2635
are distributed in accordance with division (A)(2) of section	2636
4501.044 of the Revised Code unless otherwise designated by law,	2637
shall be deposited in the state treasury to the credit of the	2638
state highway safety fund, which is hereby created~~, and~~. Money	2639
credited to the fund shall, after receipt of certifications from	2640
the commissioners of the sinking fund certifying that there are	2641
sufficient moneys to the credit of the highway obligations bond	2642
retirement fund created by section 5528.32 of the Revised Code to	2643
meet in full all payments of interest, principal, and charges for	2644
the retirement of highway obligations issued pursuant to Section	2645
2i of Article VIII, Ohio Constitution, and sections 5528.30 and	2646
5528.31 of the Revised Code due and payable during the current	2647
calendar year, be used for the purpose of enforcing and paying the	2648
expenses of administering the law relative to the registration and	2649
operation of motor vehicles on the public roads or highways.	2650
Amounts credited to the fund may also be used to pay the expenses	2651
of administering and enforcing the laws under which such fees were	2652
collected. All investment earnings of the state highway safety	2653
fund shall be credited to the fund.	2654

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	2655
designate the county auditor in each county a deputy registrar. If	2656
the population of a county is forty thousand or less according to	2657
the last federal census and if the county auditor is designated by	2658
the registrar as a deputy registrar, no other person need be	2659
designated in the county to act as a deputy registrar.	2660

(b) The registrar may designate a clerk of a court of common	2661
pleas as a deputy registrar if the population of the county is	2662
forty thousand or less according to the last federal census. In a	2663
county with a population greater than forty thousand but not more	2664
than fifty thousand according to the last federal census, the	2665
clerk of a court of common pleas is eligible to act as a deputy	2666
registrar and may participate in the competitive selection process	2667
for the award of a deputy registrar contract by applying in the	2668
same manner as any other person. All fees collected and retained	2669
by a clerk for conducting deputy registrar services shall be paid	2670
into the county treasury to the credit of the certificate of title	2671
administration fund created under section 325.33 of the Revised	2672
Code.	2673

(c) In all other instances, the registrar shall contract with	2674
one or more other persons in each county to act as deputy	2675
registrars. Notwithstanding the county population restrictions in	2676
division (A)(1)(b) of this section, if no person applies to act	2677
under contract as a deputy registrar in a county and the county	2678
auditor is not designated as a deputy registrar, the registrar may	2679
ask the clerk of a court of common pleas to serve as the deputy	2680
registrar for that county.	2681

(2) Deputy registrars shall accept applications for the	2682
annual license tax for any vehicle not taxed under section 4503.63	2683
of the Revised Code and shall assign distinctive numbers in the	2684
same manner as the registrar. Such deputies shall be located in	2685
such locations in the county as the registrar sees fit. There	2686
shall be at least one deputy registrar in each county.	2687

Deputy registrar contracts are subject to the provisions of	2688
division (B) of section 125.081 of the Revised Code.	2689

(B) The registrar shall not contract with any person to act	2690
as a deputy registrar if the person or, where applicable, the	2691
person's spouse or a member of the person's immediate family has	2692
made, within the current calendar year or any one of the previous	2693
three calendar years, one or more contributions totaling in excess	2694
of one hundred dollars to any person or entity included in	2695
division (A)(2) of section 4503.033 of the Revised Code. As used	2696
in this division, "immediate family" has the same meaning as in	2697
division (D) of section 102.01 of the Revised Code, and "entity"	2698
includes any political party and any "continuing association" as	2699
defined in division (B)(4) of section 3517.01 of the Revised Code	2700
or "political action committee" as defined in division (B)(8) of	2701
that section that is primarily associated with that political	2702
party. For purposes of this division, contributions to any	2703
continuing association or any political action committee that is	2704
primarily associated with a political party shall be aggregated	2705
with contributions to that political party.	2706

The contribution limitations contained in this division do	2707
not apply to any county auditor or clerk of a court of common	2708
pleas. A county auditor or clerk of a court of common pleas is not	2709
required to file the disclosure statement or pay the filing fee	2710
required under section 4503.033 of the Revised Code. The	2711
limitations of this division also do not apply to a deputy	2712
registrar who, subsequent to being awarded a deputy registrar	2713
contract, is elected to an office of a political subdivision.	2714

The registrar shall not contract with either of the following	2715
to act as a deputy registrar:	2716

(1) Any elected public official other than a county auditor	2717
or, as authorized by division (A)(1)(b) of this section, a clerk	2718
of a court of common pleas, acting in an official capacity, except	2719
that, the registrar shall continue and may renew a contract with	2720
any deputy registrar who, subsequent to being awarded a deputy	2721
registrar contract, is elected to an office of a political	2722
subdivision;	2723

(2) Any person holding a current, valid contract to conduct	2724
motor vehicle inspections under section 3704.14 of the Revised	2725
Code.	2726

As used in division (B) of this section, "political	2727
subdivision" has the same meaning as in section 3501.01 of the	2728
Revised Code.	2729

(C)(1) Except as provided in division (C)(2) of this section,	2730
deputy registrars are independent contractors and neither they nor	2731
their employees are employees of this state, except that nothing	2732
in this section shall affect the status of county auditors or	2733
clerks of courts of common pleas as public officials, nor the	2734
status of their employees as employees of any of the counties of	2735
this state, which are political subdivisions of this state. Each	2736
deputy registrar shall be responsible for the payment of all	2737
unemployment compensation premiums, all workers' compensation	2738
premiums, social security contributions, and any and all taxes for	2739
which the deputy registrar is legally responsible. Each deputy	2740
registrar shall comply with all applicable federal, state, and	2741
local laws requiring the withholding of income taxes or other	2742
taxes from the compensation of the deputy registrar's employees.	2743
Each deputy registrar shall maintain during the entire term of the	2744
deputy registrar's contract a policy of business liability	2745
insurance satisfactory to the registrar and shall hold the	2746
department of public safety, the director of public safety, the	2747
bureau of motor vehicles, and the registrar harmless upon any and	2748
all claims for damages arising out of the operation of the deputy	2749
registrar agency.	2750

(2) For purposes of Chapter 4141. of the Revised Code,	2751
determinations concerning the employment of deputy registrars and	2752
their employees shall be made under Chapter 4141. of the Revised	2753
Code.	2754

(D)(1) With the approval of the director, the registrar shall	2755
adopt rules governing the terms of the contract between the	2756
registrar and each deputy registrar and specifications for the	2757
services to be performed. The rules shall include specifications	2758
relating to the amount of bond to be given as provided in this	2759
section; the size and location of the deputy's office; and the	2760
leasing of equipment necessary to conduct the vision screenings	2761
required under section 4507.12 of the Revised Code and training in	2762
the use of the equipment. The specifications shall permit and	2763
encourage every deputy registrar to inform the public of the	2764
location of the deputy registrar's office and hours of operation	2765
by means of public service announcements and allow any deputy	2766
registrar to advertise in regard to the operation of the deputy	2767
registrar's office. The rules also shall include specifications	2768
for the hours the deputy's office is to be open to the public and	2769
shall require as a minimum that one deputy's office in each county	2770
be open to the public for at least four hours each weekend,	2771
provided that if only one deputy's office is located within the	2772
boundary of the county seat, that office is the office that shall	2773
be open for the four-hour period each weekend~~, and that every~~	2774
~~deputy's office in each county shall be open to the public until~~	2775
~~six-thirty p.m. on at least one weeknight each week~~. The rules	2776
also shall include specifications providing that every deputy in	2777
each county, upon request, provide any person with information	2778
about the location and office hours of all deputy registrars in	2779
the county and that every deputy prominently display within the	2780
deputy's office, the toll-free telephone number of the bureau. The	2781
rules shall not prohibit the award of a deputy registrar contract	2782
to a nonprofit corporation formed under the laws of this state.	2783
The rules shall prohibit any deputy registrar from operating more	2784
than one such office at any time, except that the rules may permit	2785
a nonprofit corporation formed for the purposes of providing	2786
automobile-related services to its members or the public and that	2787
provides such services from more than one location in this state	2788
to operate a deputy registrar office at any such location,	2789
provided that the nonprofit corporation operates no more than one	2790
deputy registrar office in any one county. The rules may include	2791
such other specifications as the registrar and director consider	2792
necessary to provide a high level of service.	2793

The rules shall establish procedures for a deputy registrar	2794
who requests such authority to collect reinstatement fees under	2795
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	2796
4510.72, and 4511.191 of the Revised Code and to transmit the	2797
reinstatement fees and two dollars of the service fee collected	2798
under those sections. The registrar shall ensure that, not later	2799
than January 1, 2012, at least one deputy registrar in each county	2800
has the necessary equipment and is able to accept reinstatement	2801
fees. The registrar shall deposit the service fees received from a	2802
deputy registrar under those sections into the state bureau of	2803
motor vehicles fund created in section 4501.25 of the Revised Code	2804
and shall use the money for deputy registrar equipment necessary	2805
in connection with accepting reinstatement fees.	2806

(2) As a daily adjustment, the bureau of motor vehicles shall	2807
credit to a deputy registrar three dollars and fifty cents for	2808
each damaged license plate or validation sticker the deputy	2809
registrar replaces as a service to a member of the public.	2810

(3)(a) With the prior approval of the registrar, each deputy	2811
registrar may conduct at the location of the deputy registrar's	2812
office any business that is consistent with the functions of a	2813
deputy registrar and that is not specifically mandated or	2814
authorized by this or another chapter of the Revised Code or by	2815
implementing rules of the registrar.	2816

(b) In accordance with guidelines the director of public	2817
safety shall establish, a deputy registrar may operate or contract	2818
for the operation of a vending machine at a deputy registrar	2819
location if products of the vending machine are consistent with	2820
the functions of a deputy registrar.	2821

(c) A deputy registrar may sell or lease equipment and	2822
facilitate such accounts and other transactions necessary for a	2823
person to participate in the multi-jurisdiction electronic toll	2824
collection system utilized by the Ohio turnpike and infrastructure	2825
commission. A deputy registrar may charge a reasonable fee for	2826
these products and services. The approval of the registrar is not	2827
necessary if a deputy registrar engages in this activity. As used	2828
in this division, "Ohio turnpike system" has the same meaning as	2829
in section 5537.01 of the Revised Code.	2830

(4) As used in this section and in section 4507.01 of the	2831
Revised Code, "nonprofit corporation" has the same meaning as in	2832
section 1702.01 of the Revised Code.	2833

(E) Unless otherwise terminated and except for interim	2834
contracts of less than one year, contracts with deputy registrars	2835
shall be for a term of at least two years, but no more than three	2836
years, and all contracts effective on or after July 1, 1996, shall	2837
be for a term of more than two years, but not more than three	2838
years. All contracts with deputy registrars shall expire on the	2839
last Saturday of June in the year of their expiration. The auditor	2840
of state may examine the accounts, reports, systems, and other	2841
data of each deputy registrar at least every two years. The	2842
registrar, with the approval of the director, shall immediately	2843
remove a deputy who violates any provision of the Revised Code	2844
related to the duties as a deputy, any rule adopted by the	2845
registrar, or a term of the deputy's contract with the registrar.	2846
The registrar also may remove a deputy who, in the opinion of the	2847
registrar, has engaged in any conduct that is either unbecoming to	2848
one representing this state or is inconsistent with the efficient	2849
operation of the deputy's office.	2850

If the registrar, with the approval of the director,	2851
determines that there is good cause to believe that a deputy	2852
registrar or a person proposing for a deputy registrar contract	2853
has engaged in any conduct that would require the denial or	2854
termination of the deputy registrar contract, the registrar may	2855
require the production of books, records, and papers as the	2856
registrar determines are necessary, and may take the depositions	2857
of witnesses residing within or outside the state in the same	2858
manner as is prescribed by law for the taking of depositions in	2859
civil actions in the court of common pleas, and for that purpose	2860
the registrar may issue a subpoena for any witness or a subpoena	2861
duces tecum to compel the production of any books, records, or	2862
papers, directed to the sheriff of the county where the witness	2863
resides or is found. Such a subpoena shall be served and returned	2864
in the same manner as a subpoena in a criminal case is served and	2865
returned. The fees of the sheriff shall be the same as that	2866
allowed in the court of common pleas in criminal cases. Witnesses	2867
shall be paid the fees and mileage provided for under section	2868
119.094 of the Revised Code. The fees and mileage shall be paid	2869
from the fund in the state treasury for the use of the agency in	2870
the same manner as other expenses of the agency are paid.	2871

In any case of disobedience or neglect of any subpoena served	2872
on any person or the refusal of any witness to testify to any	2873
matter regarding which the witness lawfully may be interrogated,	2874
the court of common pleas of any county where the disobedience,	2875
neglect, or refusal occurs or any judge of that court, on	2876
application by the registrar, shall compel obedience by attachment	2877
proceedings for contempt, as in the case of disobedience of the	2878
requirements of a subpoena issued from that court, or a refusal to	2879
testify in that court.	2880

Nothing in this division shall be construed to require a	2881
hearing of any nature prior to the termination of any deputy	2882
registrar contract by the registrar, with the approval of the	2883
director, for cause.	2884

(F) Except as provided in section 2743.03 of the Revised	2885
Code, no court, other than the court of common pleas of Franklin	2886
county, has jurisdiction of any action against the department of	2887
public safety, the director, the bureau, or the registrar to	2888
restrain the exercise of any power or authority, or to entertain	2889
any action for declaratory judgment, in the selection and	2890
appointment of, or contracting with, deputy registrars. Neither	2891
the department, the director, the bureau, nor the registrar is	2892
liable in any action at law for damages sustained by any person	2893
because of any acts of the department, the director, the bureau,	2894
or the registrar, or of any employee of the department or bureau,	2895
in the performance of official duties in the selection and	2896
appointment of, and contracting with, deputy registrars.	2897

(G) The registrar shall assign to each deputy registrar a	2898
series of numbers sufficient to supply the demand at all times in	2899
the area the deputy registrar serves, and the registrar shall keep	2900
a record in the registrar's office of the numbers within the	2901
series assigned. Each deputy shall be required to give bond in the	2902
amount of at least twenty-five thousand dollars, or in such higher	2903
amount as the registrar determines necessary, based on a uniform	2904
schedule of bond amounts established by the registrar and	2905
determined by the volume of registrations handled by the deputy.	2906
The form of the bond shall be prescribed by the registrar. The	2907
bonds required of deputy registrars, in the discretion of the	2908
registrar, may be individual or schedule bonds or may be included	2909
in any blanket bond coverage carried by the department.	2910

(H) Each deputy registrar shall keep a file of each	2911
application received by the deputy and shall register that motor	2912
vehicle with the name and address of its owner.	2913

(I) Upon request, a deputy registrar shall make the physical	2914
inspection of a motor vehicle and issue the physical inspection	2915
certificate required in section 4505.061 of the Revised Code.	2916

(J) Each deputy registrar shall file a report ~~semi-annually~~	2917
semiannually with the registrar of motor vehicles listing the	2918
number of applicants for licenses the deputy has served, the	2919
number of voter registration applications the deputy has completed	2920
and transmitted to the board of elections, and the number of voter	2921
registration applications declined.	2922

Sec. 4503.04. Except as provided in sections 4503.042 and	2923
4503.65 of the Revised Code for the registration of commercial	2924
cars, trailers, semitrailers, and certain buses, the rates of the	2925
taxes imposed by section 4503.02 of the Revised Code shall be as	2926
follows:	2927

(A) For motor vehicles having three wheels or less, the	2928
license tax is:	2929

(1) For each motorized bicycle, ten dollars;

2930

(2) For each motorcycle, fourteen dollars.

2931

(B) For each passenger car, twenty dollars;

2932

(C) For each manufactured home, each mobile home, and each	2933
travel trailer, ten dollars;	2934

(D) For each noncommercial motor vehicle designed by the	2935
manufacturer to carry a load of no more than three-quarters of one	2936
ton and for each motor home, thirty-five dollars; for each	2937
noncommercial motor vehicle designed by the manufacturer to carry	2938
a load of more than three-quarters of one ton, but not more than	2939
one ton, seventy dollars;	2940

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

2941

(1) Eighty-five cents for each one hundred pounds or part	2942
thereof for the first two thousand pounds or part thereof of	2943
weight of vehicle fully equipped;	2944

(2) One dollar and forty cents for each one hundred pounds or	2945
part thereof in excess of two thousand pounds up to and including	2946
ten thousand pounds.	2947

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

2948

(1) Vehicle equipped, owned, and used by a charitable or	2949
nonprofit corporation exclusively for the purpose of administering	2950
chest x-rays or receiving blood donations;	2951

(2) Van used principally for the transportation of	2952
handicapped persons that has been modified by being equipped with	2953
adaptive equipment to facilitate the movement of such persons into	2954
and out of the van;	2955

(3) Bus used principally for the transportation of	2956
handicapped persons or persons sixty-five years of age or older.	2957

(G) Notwithstanding its weight, twenty dollars for any bus	2958
used principally for the transportation of persons in a	2959
ridesharing arrangement.	2960

(H) For each transit bus having motor power the license tax	2961
is twelve dollars.	2962

"Transit bus" means either a motor vehicle having a seating	2963
capacity of more than seven persons which is operated and used by	2964
any person in the rendition of a public mass transportation	2965
service primarily in a municipal corporation or municipal	2966
corporations and provided at least seventy-five per cent of the	2967
annual mileage of such service and use is within such municipal	2968
corporation or municipal corporations or a motor vehicle having a	2969
seating capacity of more than seven persons which is operated	2970
solely for the transportation of persons associated with a	2971
charitable or nonprofit corporation, but does not mean any motor	2972
vehicle having a seating capacity of more than seven persons when	2973
such vehicle is used in a ridesharing capacity or any bus	2974
described by division (F)(3) of this section.	2975

The application for registration of such transit bus shall be	2976
accompanied by an affidavit prescribed by the registrar of motor	2977
vehicles and signed by the person or an agent of the firm or	2978
corporation operating such bus stating that the bus has a seating	2979
capacity of more than seven persons, and that it is either to be	2980
operated and used in the rendition of a public mass transportation	2981
service and that at least seventy-five per cent of the annual	2982
mileage of such operation and use shall be within one or more	2983
municipal corporations or that it is to be operated solely for the	2984
transportation of persons associated with a charitable or	2985
nonprofit corporation.	2986

The form of the license plate, and the manner of its	2987
attachment to the vehicle, shall be prescribed by the registrar of	2988
motor vehicles.	2989

(I) The minimum tax for any vehicle having motor power other	2990
than a farm truck, a motorized bicycle, or motorcycle is ten	2991
dollars and eighty cents, and for each noncommercial trailer, five	2992
dollars.	2993

(J)(1) Except as otherwise provided in division (J) of this	2994
section, for each farm truck, except a noncommercial motor	2995
vehicle, that is owned, controlled, or operated by one or more	2996
farmers exclusively in farm use as defined in this section, and	2997
not for commercial purposes, and provided that at least	2998
seventy-five per cent of such farm use is by or for the one or	2999
more owners, controllers, or operators of the farm in the	3000
operation of which a farm truck is used, the license tax is five	3001
dollars plus:	3002

(a) Fifty cents per one hundred pounds or part thereof for	3003
the first three thousand pounds;	3004

(b) Seventy cents per one hundred pounds or part thereof in	3005
excess of three thousand pounds up to and including four thousand	3006
pounds;	3007

(c) Ninety cents per one hundred pounds or part thereof in	3008
excess of four thousand pounds up to and including six thousand	3009
pounds;	3010

(d) Two dollars for each one hundred pounds or part thereof	3011
in excess of six thousand pounds up to and including ten thousand	3012
pounds;	3013

(e) Two dollars and twenty-five cents for each one hundred	3014
pounds or part thereof in excess of ten thousand pounds;	3015

(f) The minimum license tax for any farm truck shall be	3016
twelve dollars.	3017

(2) The owner of a farm truck may register the truck for a	3018
period of one-half year by paying one-half the registration tax	3019
imposed on the truck under this chapter and one-half the amount of	3020
any tax imposed on the truck under Chapter 4504. of the Revised	3021
Code.	3022

(3) A farm bus may be registered for a period of ~~ninety~~two	3023
hundred ten days from the date of issue of the license plates for	3024
the bus, for a fee of ten dollars, provided such license plates	3025
shall not be issued for more than ~~any two ninety-day periods~~one	3026
such period in any calendar year. Such use does not include the	3027
operation of trucks by commercial processors of agricultural	3028
products.	3029

(4) License plates for farm trucks and for farm buses shall	3030
have some distinguishing marks, letters, colors, or other	3031
characteristics to be determined by the director of public safety.	3032

(5) Every person registering a farm truck or bus under this	3033
section shall furnish an affidavit certifying that the truck or	3034
bus licensed to that person is to be so used as to meet the	3035
requirements necessary for the farm truck or farm bus	3036
classification.	3037

Any farmer may use a truck owned by the farmer for commercial	3038
purposes by paying the difference between the commercial truck	3039
registration fee and the farm truck registration fee for the	3040
remaining part of the registration period for which the truck is	3041
registered. Such remainder shall be calculated from the beginning	3042
of the semiannual period in which application for such commercial	3043
license is made.	3044

Taxes at the rates provided in this section are in lieu of	3045
all taxes on or with respect to the ownership of such motor	3046
vehicles, except as provided in section 4503.042 and section	3047
4503.06 of the Revised Code.	3048

(K) Other than trucks registered under the international	3049
registration plan in another jurisdiction and for which this state	3050
has received an apportioned registration fee, the license tax for	3051
each truck which is owned, controlled, or operated by a	3052
nonresident, and licensed in another state, and which is used	3053
exclusively for the transportation of nonprocessed agricultural	3054
products intrastate, from the place of production to the place of	3055
processing, is twenty-four dollars.	3056

"Truck," as used in this division, means any pickup truck,	3057
straight truck, semitrailer, or trailer other than a travel	3058
trailer. Nonprocessed agricultural products, as used in this	3059
division, does not include livestock or grain.	3060

A license issued under this division shall be issued for a	3061
period of one hundred thirty days in the same manner in which all	3062
other licenses are issued under this section, provided that no	3063
truck shall be so licensed for more than one	3064
one-hundred-thirty-day period during any calendar year.	3065

The license issued pursuant to this division shall consist of	3066
a windshield decal to be designed by the director of public	3067
safety.	3068

Every person registering a truck under this division shall	3069
furnish an affidavit certifying that the truck licensed to the	3070
person is to be used exclusively for the purposes specified in	3071
this division.	3072

(L) Every person registering a motor vehicle as a	3073
noncommercial motor vehicle as defined in section 4501.01 of the	3074
Revised Code, or registering a trailer as a noncommercial trailer	3075
as defined in that section, shall furnish an affidavit certifying	3076
that the motor vehicle or trailer so licensed to the person is to	3077
be so used as to meet the requirements necessary for the	3078
noncommercial vehicle classification.	3079

(M) Every person registering a van or bus as provided in	3080
divisions (F)(2) and (3) of this section shall furnish a notarized	3081
statement certifying that the van or bus licensed to the person is	3082
to be used for the purposes specified in those divisions. The form	3083
of the license plate issued for such motor vehicles shall be	3084
prescribed by the registrar.	3085

(N) Every person registering as a passenger car a motor	3086
vehicle designed and used for carrying more than nine but not more	3087
than fifteen passengers, and every person registering a bus as	3088
provided in division (G) of this section, shall furnish an	3089
affidavit certifying that the vehicle so licensed to the person is	3090
to be used in a ridesharing arrangement and that the person will	3091
have in effect whenever the vehicle is used in a ridesharing	3092
arrangement a policy of liability insurance with respect to the	3093
motor vehicle in amounts and coverages no less than those required	3094
by section 4509.79 of the Revised Code. The form of the license	3095
plate issued for such a motor vehicle shall be prescribed by the	3096
registrar.	3097

(O)(1) Commencing on October 1, 2009, if an application for	3098
registration renewal is not applied for prior to the expiration	3099
date of the registration or within ~~seven~~thirty days after that	3100
date, the registrar or deputy registrar shall collect a fee of	3101
~~twenty~~ten dollars for the issuance of the vehicle registration.	3102
For any motor vehicle that is used on a seasonal basis, whether	3103
used for general transportation or not, and that has not been used	3104
on the public roads or highways since the expiration of the	3105
registration, the registrar or deputy registrar shall waive the	3106
fee established under this division if the application is	3107
accompanied by supporting evidence of seasonal use as the	3108
registrar may require. The registrar or deputy registrar may waive	3109
the fee for other good cause shown if the application is	3110
accompanied by supporting evidence as the registrar may require.	3111
The fee shall be in addition to all other fees established by this	3112
section. A deputy registrar shall retain fifty cents of the fee	3113
and shall transmit the remaining amount to the registrar at the	3114
time and in the manner provided by section 4503.10 of the Revised	3115
Code. The registrar shall deposit all moneys received under this	3116
division into the state highway safety fund established in section	3117
4501.06 of the Revised Code.	3118

(2) Division (O)(1) of this section does not apply to a farm	3119
truck or farm bus registered under division (J) of this section.	3120

(P) As used in this section:

3121

(1) "Van" means any motor vehicle having a single rear axle	3122
and an enclosed body without a second seat.	3123

(2) "Handicapped person" means any person who has lost the	3124
use of one or both legs, or one or both arms, or is blind, deaf,	3125
or so severely disabled as to be unable to move about without the	3126
aid of crutches or a wheelchair.	3127

(3) "Farm truck" means a truck used in the transportation	3128
from the farm of products of the farm, including livestock and its	3129
products, poultry and its products, floricultural and	3130
horticultural products, and in the transportation to the farm of	3131
supplies for the farm, including tile, fence, and every other	3132
thing or commodity used in agricultural, floricultural,	3133
horticultural, livestock, and poultry production and livestock,	3134
poultry, and other animals and things used for breeding, feeding,	3135
or other purposes connected with the operation of the farm.	3136

(4) "Farm bus" means a bus used only for the transportation	3137
of agricultural employees and used only in the transportation of	3138
such employees as are necessary in the operation of the farm.	3139

(5) "Farm supplies" includes fuel used exclusively in the	3140
operation of a farm, including one or more homes located on and	3141
used in the operation of one or more farms, and furniture and	3142
other things used in and around such homes.	3143

Sec. 4503.042. The registrar of motor vehicles shall adopt	3144
rules establishing the date, subsequent to this state's entry into	3145
membership in the international registration plan, when the rates	3146
established by this section become operative.	3147

(A) The rates of the taxes imposed by section 4503.02 of the	3148
Revised Code are as follows for commercial cars having a gross	3149
vehicle weight or combined gross vehicle weight of:	3150

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

3151

(2) More than two thousand but not more than six thousand	3152
pounds, seventy dollars;	3153

(3) More than six thousand but not more than ten thousand	3154
pounds, eighty-five dollars;	3155

(4) More than ten thousand but not more than fourteen	3156
thousand pounds, one hundred five dollars;	3157

(5) More than fourteen thousand but not more than eighteen	3158
thousand pounds, one hundred twenty-five dollars;	3159

(6) More than eighteen thousand but not more than twenty-two	3160
thousand pounds, one hundred fifty dollars;	3161

(7) More than twenty-two thousand but not more than	3162
twenty-six thousand pounds, one hundred seventy-five dollars;	3163

(8) More than twenty-six thousand but not more than thirty	3164
thousand pounds, three hundred fifty-five dollars;	3165

(9) More than thirty thousand but not more than thirty-four	3166
thousand pounds, four hundred twenty dollars;	3167

(10) More than thirty-four thousand but not more than	3168
thirty-eight thousand pounds, four hundred eighty dollars;	3169

(11) More than thirty-eight thousand but not more than	3170
forty-two thousand pounds, five hundred forty dollars;	3171

(12) More than forty-two thousand but not more than forty-six	3172
thousand pounds, six hundred dollars;	3173

(13) More than forty-six thousand but not more than fifty	3174
thousand pounds, six hundred sixty dollars;	3175

(14) More than fifty thousand but not more than fifty-four	3176
thousand pounds, seven hundred twenty-five dollars;	3177

(15) More than fifty-four thousand but not more than	3178
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3179

(16) More than fifty-eight thousand but not more than	3180
sixty-two thousand pounds, eight hundred fifty-five dollars;	3181

(17) More than sixty-two thousand but not more than sixty-six	3182
thousand pounds, nine hundred twenty-five dollars;	3183

(18) More than sixty-six thousand but not more than seventy	3184
thousand pounds, nine hundred ninety-five dollars;	3185

(19) More than seventy thousand but not more than	3186
seventy-four thousand pounds, one thousand eighty dollars;	3187

(20) More than seventy-four thousand but not more than	3188
seventy-eight thousand pounds, one thousand two hundred dollars;	3189

(21) More than seventy-eight thousand pounds, one thousand	3190
three hundred forty dollars.	3191

(B) The rates of the taxes imposed by section 4503.02 of the	3192
Revised Code are as follows for buses having a gross vehicle	3193
weight or combined gross vehicle weight of:	3194

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

3195

(2) More than two thousand but not more than six thousand	3196
pounds, forty dollars;	3197

(3) More than six thousand but not more than ten thousand	3198
pounds, one hundred dollars;	3199

(4) More than ten thousand but not more than fourteen	3200
thousand pounds, one hundred eighty dollars;	3201

(5) More than fourteen thousand but not more than eighteen	3202
thousand pounds, two hundred sixty dollars;	3203

(6) More than eighteen thousand but not more than twenty-two	3204
thousand pounds, three hundred forty dollars;	3205

(7) More than twenty-two thousand but not more than	3206
twenty-six thousand pounds, four hundred twenty dollars;	3207

(8) More than twenty-six thousand but not more than thirty	3208
thousand pounds, five hundred dollars;	3209

(9) More than thirty thousand but not more than thirty-four	3210
thousand pounds, five hundred eighty dollars;	3211

(10) More than thirty-four thousand but not more than	3212
thirty-eight thousand pounds, six hundred sixty dollars;	3213

(11) More than thirty-eight thousand but not more than	3214
forty-two thousand pounds, seven hundred forty dollars;	3215

(12) More than forty-two thousand but not more than forty-six	3216
thousand pounds, eight hundred twenty dollars;	3217

(13) More than forty-six thousand but not more than fifty	3218
thousand pounds, nine hundred forty dollars;	3219

(14) More than fifty thousand but not more than fifty-four	3220
thousand pounds, one thousand dollars;	3221

(15) More than fifty-four thousand but not more than	3222
fifty-eight thousand pounds, one thousand ninety dollars;	3223

(16) More than fifty-eight thousand but not more than	3224
sixty-two thousand pounds, one thousand one hundred eighty	3225
dollars;	3226

(17) More than sixty-two thousand but not more than sixty-six	3227
thousand pounds, one thousand two hundred seventy dollars;	3228

(18) More than sixty-six thousand but not more than seventy	3229
thousand pounds, one thousand three hundred sixty dollars;	3230

(19) More than seventy thousand but not more than	3231
seventy-four thousand pounds, one thousand four hundred fifty	3232
dollars;	3233

(20) More than seventy-four thousand but not more than	3234
seventy-eight thousand pounds, one thousand five hundred forty	3235
dollars;	3236

(21) More than seventy-eight thousand pounds, one thousand	3237
six hundred thirty dollars.	3238

(C) In addition to the license taxes imposed at the rates	3239
specified in divisions (A) and (B) of this section, an	3240
administrative fee of three dollars and fifty cents, plus an	3241
appropriate amount to cover the cost of postage, shall be	3242
collected by the registrar for each international registration	3243
plan license processed by the registrar.	3244

(D) The rate of the tax for each trailer and semitrailer is	3245
twenty-five dollars.	3246

(E) Commencing on October 1, 2009, if an application for	3247
registration renewal is not applied for prior to the expiration	3248
date of the registration or within ~~seven~~thirty days after that	3249
date, the registrar or deputy registrar shall collect a fee of	3250
~~twenty~~ten dollars for the issuance of the vehicle registration,	3251
but may waive the fee for good cause shown if the application is	3252
accompanied by supporting evidence as the registrar may require.	3253
The fee shall be in addition to all other fees established by this	3254
section. A deputy registrar shall retain fifty cents of the fee	3255
and shall transmit the remaining amount to the registrar at the	3256
time and in the manner provided by section 4503.10 of the Revised	3257
Code. The registrar shall deposit all moneys received under this	3258
division into the state highway safety fund established in section	3259
4501.06 of the Revised Code.	3260

(F) The rates established by this section shall not apply to	3261
any of the following:	3262

(1) Vehicles equipped, owned, and used by a charitable or	3263
nonprofit corporation exclusively for the purpose of administering	3264
chest x-rays or receiving blood donations;	3265

(2) Vans used principally for the transportation of	3266
handicapped persons that have been modified by being equipped with	3267
adaptive equipment to facilitate the movement of such persons into	3268
and out of the vans;	3269

(3) Buses used principally for the transportation of	3270
handicapped persons or persons sixty-five years of age or older;	3271

(4) Buses used principally for the transportation of persons	3272
in a ridesharing arrangement;	3273

(5) Transit buses having motor power;

3274

(6) Noncommercial trailers, mobile homes, or manufactured	3275
homes.	3276

Sec. 4503.07. (A) In lieu of the schedule of rates for	3277
commercial cars fixed in section 4503.04 of the Revised Code, the	3278
fee shall be ten dollars for each church bus used exclusively to	3279
transport members of a church congregation to and from church	3280
services or church functions or to transport children and their	3281
authorized supervisors to and from any camping function sponsored	3282
by a nonprofit, tax-exempt, charitable or philanthropic	3283
organization. A church within the meaning of this section is an	3284
organized religious group, duly constituted with officers and a	3285
board of trustees, regularly holding religious services, and	3286
presided over or administered to by a properly accredited	3287
ecclesiastical officer, whose name and standing is published in	3288
the official publication of the officer's religious group.	3289

(B) Commencing on October 1, 2009, if an application for	3290
registration renewal is not applied for prior to the expiration	3291
date of the registration or within ~~seven~~thirty days after that	3292
date, the registrar or deputy registrar shall collect a fee of	3293
~~twenty~~ten dollars for the issuance of the vehicle registration,	3294
but may waive the fee for good cause shown if the application is	3295
accompanied by supporting evidence as the registrar may require.	3296
The fee shall be in addition to all other fees established by this	3297
section. A deputy registrar shall retain fifty cents of the fee	3298
and shall transmit the remaining amount to the registrar at the	3299
time and in the manner provided by section 4503.10 of the Revised	3300
Code. The registrar shall deposit all moneys received under this	3301
division into the state highway safety fund established in section	3302
4501.06 of the Revised Code.	3303

(C) The application for registration of such bus shall be	3304
accompanied by the following, as applicable:	3305

(1) An affidavit, prescribed by the registrar of motor	3306
vehicles and signed by either the senior pastor, minister, priest,	3307
or rabbi of the church making application or by the head of the	3308
governing body of the church making application, stating that the	3309
bus is to be used exclusively to transport members of a church	3310
congregation to and from church services or church functions or to	3311
transport children and their authorized supervisors to and from	3312
any camping function sponsored by a nonprofit, tax-exempt,	3313
charitable, or philanthropic organization;	3314

(2) A certificate from the state highway patrol stating that	3315
the bus involved is safe for operation in accordance with such	3316
standards as are prescribed by the state highway patrol if the bus	3317
meets either of the following:	3318

(a) It originally was designed by the manufacturer to	3319
transport sixteen or more passengers, including the driver;	3320

(b) It has a gross vehicle weight rating of ten thousand one	3321
pounds or more.	3322

(D) The form of the license plate and the manner of its	3323
attachment to the vehicle shall be prescribed by the registrar.	3324

Sec. 4503.103. (A)(1)~~(a)(i)~~ The registrar of motor vehicles	3325
may adopt rules to permit any person or lessee, other than a	3326
person receiving an apportioned license plate under the	3327
international registration plan, who owns or leases one or more	3328
motor vehicles to file a written application for registration for	3329
no more than five succeeding registration years. The rules adopted	3330
by the registrar may designate the classes of motor vehicles that	3331
are eligible for such registration. At the time of application,	3332
all annual taxes and fees shall be paid for each year for which	3333
the person is registering.	3334

~~(ii)~~(2)(a) Not later than ~~October 1, 2009~~December 31, 2013,	3335
the registrar shall adopt rules to permit any person or lessee who	3336
owns or leases a trailer or semitrailer that is subject to the tax	3337
rates prescribed in section 4503.042 of the Revised Code for such	3338
trailers or semitrailers to file a written application for	3339
registration for ~~not more than five~~any number of succeeding	3340
registration years, including a permanent registration. At the	3341
time of application, all annual taxes and fees shall be paid for	3342
each year for which the person is registering, provided that the	3343
annual taxes due, regardless of the number of years for which the	3344
person is registering, shall not exceed two hundred dollars. A	3345
person who registers a vehicle under division (A)~~(1)(a)(ii)~~(2) of	3346
this section shall pay for each year of registration the	3347
additional fee established under division (C)(1) of section	3348
4503.10 of the Revised Code, provided that the additional fee due,	3349
regardless of the number of years for which the person is	3350
registering, shall not exceed eighty-eight dollars. The person	3351
also shall pay one single deputy registrar service fee in the	3352
amount specified in division (D) of section 4503.10 of the Revised	3353
Code or one single bureau of motor vehicles service fee in the	3354
amount specified in division (G) of that section, as applicable,	3355
regardless of the number of years for which the person is	3356
registering.	3357

(b) In addition, each person registering a trailer or	3358
semitrailer under division (A)(2)(a) of this section shall pay any	3359
applicable local motor vehicle license tax levied under Chapter	3360
4504. of Revised Code for each year for which the person is	3361
registering, provided that not more than eight times any such	3362
annual local taxes shall be due upon registration.	3363

(c) The period of registration for a trailer or semitrailer	3364
registered under division (A)(2)(a) of this section is exclusive	3365
to the trailer or semitrailer for which that certificate of	3366
registration is issued and is not transferable to any other	3367
trailer or semitrailer.	3368

~~(b)(i)~~(3) Except as provided in division (A)~~(1)(b)(ii)~~(4) of	3369
this section, the registrar shall adopt rules to permit any person	3370
who owns a motor vehicle to file an application for registration	3371
for the next two succeeding registration years. At the time of	3372
application, the person shall pay the annual taxes and fees for	3373
each registration year, calculated in accordance with division (C)	3374
of section 4503.11 of the Revised Code. A person who is	3375
registering a vehicle under division (A)~~(1)(b)~~(3) of this section	3376
shall pay for each year of registration the additional fee	3377
established under division (C)(1) of section 4503.10 of the	3378
Revised Code. The person shall also pay one and one-half times the	3379
amount of the deputy registrar service fee specified in division	3380
(D) of section 4503.10 of the Revised Code or the bureau of motor	3381
vehicles service fee specified in division (G) of that section, as	3382
applicable.	3383

~~(ii)~~(4) Division (A)~~(1)(b)(i)~~(3) of this section does not	3384
apply to a person receiving an apportioned license plate under the	3385
international registration plan, or the owner of a commercial car	3386
used solely in intrastate commerce, or the owner of a bus as	3387
defined in section 4513.50 of the Revised Code.	3388

~~(2)~~(B) No person applying for a multi-year registration under	3389
division (A)~~(1)~~ of this section is entitled to a refund of any	3390
taxes or fees paid.	3391

~~(3)~~(C) The registrar shall not issue to any applicant who has	3392
been issued a final, nonappealable order under division ~~(B)~~(D) of	3393
this section a multi-year registration or renewal thereof under	3394
this division or rules adopted under it for any motor vehicle that	3395
is required to be inspected under section 3704.14 of the Revised	3396
Code the district of registration of which, as determined under	3397
section 4503.10 of the Revised Code, is or is located in the	3398
county named in the order.	3399

~~(B)~~(D) Upon receipt from the director of environmental	3400
protection of a notice issued under rules adopted under section	3401
3704.14 of the Revised Code indicating that an owner of a motor	3402
vehicle that is required to be inspected under that section who	3403
obtained a multi-year registration for the vehicle under division	3404
(A) of this section or rules adopted under that division has not	3405
obtained a required inspection certificate for the vehicle, the	3406
registrar in accordance with Chapter 119. of the Revised Code	3407
shall issue an order to the owner impounding the certificate of	3408
registration and identification license plates for the vehicle.	3409
The order also shall prohibit the owner from obtaining or renewing	3410
a multi-year registration for any vehicle that is required to be	3411
inspected under that section, the district of registration of	3412
which is or is located in the same county as the county named in	3413
the order during the number of years after expiration of the	3414
current multi-year registration that equals the number of years	3415
for which the current multi-year registration was issued.	3416

An order issued under this division shall require the owner	3417
to surrender to the registrar the certificate of registration and	3418
license plates for the vehicle named in the order within five days	3419
after its issuance. If the owner fails to do so within that time,	3420
the registrar shall certify that fact to the county sheriff or	3421
local police officials who shall recover the certificate of	3422
registration and license plates for the vehicle.	3423

~~(C)~~(E) Upon the occurrence of either of the following	3424
circumstances, the registrar in accordance with Chapter 119. of	3425
the Revised Code shall issue to the owner a modified order	3426
rescinding the provisions of the order issued under division	3427
~~(B)~~(D) of this section impounding the certificate of registration	3428
and license plates for the vehicle named in that original order:	3429

(1) Receipt from the director of environmental protection of	3430
a subsequent notice under rules adopted under section 3704.14 of	3431
the Revised Code that the owner has obtained the inspection	3432
certificate for the vehicle as required under those rules;	3433

(2) Presentation to the registrar by the owner of the	3434
required inspection certificate for the vehicle.	3435

~~(D)~~(F) The owner of a motor vehicle for which the certificate	3436
of registration and license plates have been impounded pursuant to	3437
an order issued under division ~~(B)~~(D) of this section, upon	3438
issuance of a modified order under division ~~(C)~~(E) of this	3439
section, may apply to the registrar for their return. A fee of two	3440
dollars and fifty cents shall be charged for the return of the	3441
certificate of registration and license plates for each vehicle	3442
named in the application.	3443

Sec. 4503.11. (A) Except as provided by sections 4503.103,	3444
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	3445
person who is the owner or chauffeur of a motor vehicle operated	3446
or driven upon the public roads or highways shall fail to file	3447
annually the application for registration or to pay the tax	3448
therefor.	3449

(B) Except as provided by sections 4503.12 and 4503.16 of the	3450
Revised Code, the taxes payable on all applications made under	3451
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	3452
of the tax due under division (B)(1)(a) or (b) of this section	3453
plus the tax due under division (B)(2)(a) or (b) of this section:	3454

(1)(a) If the application is made before the second month of	3455
the current registration period to which the motor vehicle is	3456
assigned as provided in section 4503.101 of the Revised Code, the	3457
tax due is the full amount of the tax provided in section 4503.04	3458
of the Revised Code;	3459

(b) If the application is made during or after the second	3460
month of the current registration period to which the motor	3461
vehicle is assigned as provided in section 4503.101 of the Revised	3462
Code, and prior to the beginning of the next such registration	3463
period, the amount of the tax provided in section 4503.04 of the	3464
Revised Code shall be reduced by one-twelfth of the amount of such	3465
tax, rounded upward to the nearest cent, multiplied by the number	3466
of full months that have elapsed in the current registration	3467
period. The resulting amount shall be rounded upward to the next	3468
highest dollar and shall be the amount of tax due.	3469

(2)(a) If the application is made before the sixth month of	3470
the current registration period to which the motor vehicle is	3471
assigned as provided in section 4503.101 of the Revised Code, the	3472
amount of tax due is the full amount of local motor vehicle	3473
license taxes levied under Chapter 4504. of the Revised Code;	3474

(b) If the application is made during or after the sixth	3475
month of the current registration period to which the motor	3476
vehicle is assigned as provided in section 4503.101 of the Revised	3477
Code and prior to the beginning of the next such registration	3478
period, the amount of tax due is one-half of the amount of local	3479
motor vehicle license taxes levied under Chapter 4504. of the	3480
Revised Code.	3481

(C) The taxes payable on all applications made under division	3482
(A)~~(1)(b)~~(3) of section 4503.103 of the Revised Code shall be the	3483
sum of the tax due under division (B)(1)(a) or (b) of this section	3484
plus the tax due under division (B)(2)(a) or (b) of this section	3485
for the first year plus the full amount of the tax provided in	3486
section 4503.04 of the Revised Code and the full amount of local	3487
motor vehicle license taxes levied under Chapter 4504. of the	3488
Revised Code for the second year.	3489

(D) Whoever violates this section is guilty of a misdemeanor	3490
of the fourth degree.	3491

Sec. 4503.19. (A) Upon the filing of an application for	3492
registration and the payment of the tax for registration, the	3493
registrar of motor vehicles or a deputy registrar shall determine	3494
whether the owner previously has been issued license plates for	3495
the motor vehicle described in the application. If no license	3496
plates previously have been issued to the owner for that motor	3497
vehicle, the registrar or deputy registrar shall assign to the	3498
motor vehicle a distinctive number and issue and deliver to the	3499
owner in the manner that the registrar may select a certificate of	3500
registration, in the form that the registrar shall prescribe, and,	3501
except as otherwise provided in this section, two license plates,	3502
duplicates of each other, and a validation sticker, or a	3503
validation sticker alone, to be attached to the number plates as	3504
provided in section 4503.191 of the Revised Code. The registrar or	3505
deputy registrar also shall charge the owner any fees required	3506
under division (C) of section 4503.10 of the Revised Code.	3507
Trailers, manufactured homes, mobile homes, semitrailers, the	3508
manufacturer thereof, the dealer, or in transit companies therein,	3509
shall be issued one license plate only and one validation sticker,	3510
or a validation sticker alone, and the license plate and	3511
validation sticker shall be displayed only on the rear of such	3512
vehicles. A commercial tractor that does not receive an	3513
apportioned license plate under the international registration	3514
plan shall be issued two license plates and one validation	3515
sticker, and the validation sticker shall be displayed on the	3516
front of the commercial tractor. An apportioned vehicle receiving	3517
an apportioned license plate under the international registration	3518
plan shall be issued one license plate only and one validation	3519
sticker, or a validation sticker alone; the license plate shall be	3520
displayed only on the front of a semitractor and on the rear of	3521
all other vehicles. School buses shall not be issued license	3522
plates but shall bear identifying numbers in the manner prescribed	3523
by section 4511.764 of the Revised Code. The certificate of	3524
registration and license plates and validation stickers, or	3525
validation stickers alone, shall be issued and delivered to the	3526
owner in person or by mail. Chauffeured limousines shall be issued	3527
license plates, a validation sticker, and a livery sticker as	3528
provided in section 4503.24 of the Revised Code. In the event of	3529
the loss, mutilation, or destruction of any certificate of	3530
registration, or of any license plates or validation stickers, or	3531
if the owner chooses to replace license plates previously issued	3532
for a motor vehicle, or if the registration certificate and	3533
license plates have been impounded as provided by division (B)(1)	3534
of section 4507.02 and section 4507.16 of the Revised Code, the	3535
owner of a motor vehicle, or manufacturer or dealer, may obtain	3536
from the registrar, or from a deputy registrar if authorized by	3537
the registrar, a duplicate thereof or new license plates bearing a	3538
different number, if the registrar considers it advisable, upon	3539
filing an application prescribed by the registrar, and upon paying	3540
a fee of one dollar for such certificate of registration, which	3541
one dollar fee shall be deposited into the state treasury to the	3542
credit of the state bureau of motor vehicles fund created in	3543
section 4501.25 of the Revised Code. Commencing with each request	3544
made on or after October 1, 2009, or in conjunction with	3545
replacement license plates issued for renewal registrations	3546
expiring on or after October 1, 2009, a fee of seven dollars and	3547
fifty cents for each set of two license plates or six dollars and	3548
fifty cents for each single license plate or validation sticker	3549
shall be charged and collected, of which the registrar shall	3550
deposit five dollars and fifty cents of each seven dollar and	3551
fifty cent fee or each six dollar and fifty cent fee into the	3552
state treasury to the credit of the state highway safety fund	3553
created in section 4501.06 of the Revised Code and the remaining	3554
portion of each such fee into the state treasury to the credit of	3555
the state bureau of motor vehicles fund created in section 4501.25	3556
of the Revised Code. In addition, each applicant for a replacement	3557
certificate of registration, license plate, or validation sticker	3558
shall pay the fees provided in divisions (C) and (D) of section	3559
4503.10 of the Revised Code and any applicable fee under section	3560
4503.192 of the Revised Code.	3561

Additionally, the registrar and each deputy registrar who	3562
either issues license plates and a validation sticker for use on	3563
any vehicle other than a commercial tractor, semitrailer, or	3564
apportioned vehicle, or who issues a validation sticker alone for	3565
use on such a vehicle and the owner has changed the owner's county	3566
of residence since the owner last was issued county identification	3567
stickers, also shall issue and deliver to the owner either one or	3568
two county identification stickers, as appropriate, which shall be	3569
attached to the license plates in a manner prescribed by the	3570
director of public safety. The county identification stickers	3571
shall identify prominently by name or number the county in which	3572
the owner of the vehicle resides at the time of registration.	3573

(B) A certificate of registration issued under this section	3574
shall have a portion that contains all the information contained	3575
in the main portion of the certificate except for the address of	3576
the person to whom the certificate is issued. Except as provided	3577
in this division, whenever a reference is made in the Revised Code	3578
to a motor vehicle certificate of registration that is issued	3579
under this section, the reference shall be deemed to refer to	3580
either the main portion of the certificate or the portion	3581
containing all information in the main portion except the address	3582
of the person to whom the certificate is issued. If a reference is	3583
made in the Revised Code to the seizure or surrender of a motor	3584
vehicle certificate of registration that is issued under this	3585
section, the reference shall be deemed to refer to both the main	3586
portion of the certificate and the portion containing all	3587
information in the main portion except the address of the person	3588
to whom the certificate is issued.	3589

(C) Whoever violates this section is guilty of a minor	3590
misdemeanor.	3591

Sec. 4503.191. (A)(1) The identification license plate shall	3592
be issued for a multi-year period as determined by the director of	3593
public safety, and shall be accompanied by a validation sticker,	3594
to be attached to the license plate. Except as provided in	3595
division (A)(2) of this section, the validation sticker shall	3596
indicate the expiration of the registration period to which the	3597
motor vehicle for which the license plate is issued is assigned,	3598
in accordance with rules adopted by the registrar of motor	3599
vehicles. During each succeeding year of the multi-year period	3600
following the issuance of the plate and validation sticker, upon	3601
the filing of an application for registration and the payment of	3602
the tax therefor, a validation sticker alone shall be issued. The	3603
validation stickers required under this section shall be of	3604
different colors or shades each year, the new colors or shades to	3605
be selected by the director.	3606

(2)(a) Not later than October 1, 2009, the director shall	3607
develop a universal validation sticker that may be issued to any	3608
owner of two hundred fifty or more passenger vehicles, so that a	3609
sticker issued to the owner may be placed on any passenger vehicle	3610
in that owner's fleet. The director may establish and charge an	3611
additional fee of not more than one dollar per registration to	3612
compensate for necessary costs of the universal validation sticker	3613
program. The additional fee shall be credited to the state bureau	3614
of motor vehicles fund created in section 4501.25 of the Revised	3615
Code.	3616

(b) A validation sticker issued for an all-purpose vehicle	3617
that is registered under Chapter 4519. of the Revised Code or for	3618
a trailer or semitrailer that is permanently registered under	3619
division (A)~~(1)(a)(ii)~~(2) of section 4503.103 of the Revised Code	3620
or is registered for ~~a period of not more than five~~any number of	3621
succeeding registration years may indicate the expiration of the	3622
registration period, if any, by any manner determined by the	3623
registrar by rule.	3624

(B) Identification license plates shall be produced by Ohio	3625
penal industries. Validation stickers and county identification	3626
stickers shall be produced by Ohio penal industries unless the	3627
registrar adopts rules that permit the registrar or deputy	3628
registrars to print or otherwise produce them in house.	3629

Sec. 4503.192. (A)(1) Except as provided in division (B) of	3630
this section, any person who is replacing vehicle license plates,	3631
upon request and payment of a fee of ten dollars, may retain the	3632
distinctive combination of letters and numerals on license plates	3633
previously issued to that person.	3634

A person who is replacing license plates specifically created	3635
by law for which the registrar collects a contribution or	3636
additional fee, may retain the distinctive combination of letters	3637
and numerals on license plates previously issued to that person	3638
upon request and payment of a fee of ten dollars, but the person	3639
also shall be required to pay the contribution or additional fee	3640
required under the Revised Code section authorizing issuance of	3641
the license plate.	3642

(2) The registrar of motor vehicles shall charge and collect	3643
the ten-dollar fee under this section only when a new set of	3644
license plates are issued. The fee is in addition to the license	3645
tax established by this chapter and, where applicable, Chapter	3646
4504. of the Revised Code. A deputy registrar who receives an	3647
application under this section shall retain one dollar of the	3648
ten-dollar fee and shall transmit the remaining nine dollars to	3649
the registrar in a manner determined by the registrar. The	3650
registrar shall deposit the fees received under this section into	3651
the state treasury to the credit of the state bureau of motor	3652
vehicles fund created under section 4501.25 of the Revised Code	3653
and shall be used by the bureau of motor vehicles to pay the	3654
expenses of producing license plates and validation stickers,	3655
including the cost of materials, manufacturing, and administrative	3656
costs for required replacement of license plates.	3657

(B)(1) A person who is replacing license plates originally	3658
obtained under section 4503.40 or 4503.42 of the Revised Code	3659
shall pay the additional fee required under the applicable section	3660
to retain the distinctive license plates previously issued.	3661

(2) This section does not apply to a person who is replacing	3662
a single, duplicate license plate due to the loss, mutilation, or	3663
destruction of a license plate.	3664

Sec. 4503.22. The identification license plate shall consist	3665
of a placard upon the face of which shall appear the distinctive	3666
number assigned to the motor vehicle as provided in section	3667
4503.19 of the Revised Code, in Arabic numerals or letters, or	3668
both. The dimensions of the numerals or letters and of each stroke	3669
shall be determined by the director of public safety. The license	3670
placard also shall contain the name of this state and the slogan	3671
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	3672
aluminum, plastic, or any other suitable material, and the	3673
background shall be treated with a reflective material that shall	3674
provide effective and dependable reflective brightness during the	3675
service period required of the placard. Specifications for the	3676
reflective and other materials and the design of the placard, the	3677
county identification stickers as provided by section 4503.19 of	3678
the Revised Code, and validation stickers as provided by section	3679
4503.191 of the Revised Code, shall be adopted by the director as	3680
rules under sections 119.01 to 119.13 of the Revised Code. The	3681
identification license plate of motorized bicycles and of motor	3682
vehicles of the type commonly called "motorcycles" shall consist	3683
of a single placard, the size of which shall be prescribed by the	3684
director. The identification plate of a vehicle registered in	3685
accordance with the international registration plan shall contain	3686
the word "apportioned." The director may prescribe the type of	3687
placard, or means of fastening the placard, or both; the placard	3688
or means of fastening may be so designed and constructed as to	3689
render difficult the removal of the placard after it has been	3690
fastened to a motor vehicle.	3691

Sec. 4503.42. For each registration renewal with an	3692
expiration date before October 1, 2009, and for each initial	3693
application for registration received before that date the	3694
registrar of motor vehicles shall be allowed a fee not to exceed	3695
thirty-five dollars, and for each registration renewal with an	3696
expiration date on or after October 1, 2009, and for each initial	3697
application for registration received on or after that date the	3698
registrar shall be allowed a fee of fifty dollars, which shall be	3699
in addition to the regular license fee for tags as prescribed	3700
under section 4503.04 of the Revised Code and any tax levied under	3701
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	3702
each application received by the registrar for special reserved	3703
license plate numbers containing more than three letters or	3704
numerals, and the issuing of such licenses and validation stickers	3705
in the several series as the registrar may designate. Five dollars	3706
of the fee shall be for the purpose of compensating the bureau of	3707
motor vehicles for additional services required in the issuing of	3708
such licenses and validation stickers, and the remaining portion	3709
of the fee shall be deposited by the registrar into the state	3710
treasury to the credit of the state highway safety fund created by	3711
section 4501.06 of the Revised Code.	3712

This section does not apply to the issuance of reserved	3713
license plates as authorized by sections 4503.14, 4503.15, and	3714
4503.40 of the Revised Code. The types of motor vehicles for which	3715
license plate numbers containing more than three letters or	3716
numerals may be issued in accordance with this section shall	3717
include at least buses, passenger cars, and noncommercial motor	3718
vehicles.	3719

Sec. 4503.45. An owner of a collector's vehicle, upon	3720
complying with the motor vehicle laws relating to registration and	3721
licensing of motor vehicles, and upon payment of the regular	3722
license fee as prescribed under section 4503.04 of the Revised	3723
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	3724
4504. of the Revised Code, and the payment of an additional fee of	3725
five dollars, which shall be for the purpose of compensating the	3726
bureau of motor vehicles for additional services required in the	3727
issuing of such licenses, shall be issued validation stickers and	3728
license plates, or validation stickers alone when required by	3729
section 4503.191 of the Revised Code, upon which, in addition to	3730
the letters and numbers ordinarily inscribed thereon, shall be	3731
inscribed the words "collector's vehicle."	3732

Sec. 4503.49. (A) As used in this section, "ambulance,"	3733
"ambulette," "emergency medical service organization,"	3734
"nonemergency medical service organization," and "nontransport	3735
vehicle" have the same meanings as in section 4766.01 of the	3736
Revised Code.	3737

(B) Each private emergency medical service organization and	3738
each private nonemergency medical service organization shall apply	3739
to the registrar of motor vehicles for the registration of any	3740
ambulance, ambulette, or nontransport vehicle it owns or leases.	3741
The application shall be accompanied by a copy of the certificate	3742
of licensure issued to the organization by the ~~Ohio~~state board of	3743
emergency medical, fire, and transportation ~~board~~services and the	3744
following fees:	3745

(1) The regular license tax as prescribed under section	3746
4503.04 of the Revised Code;	3747

(2) Any local license tax levied under Chapter 4504. of the	3748
Revised Code;	3749

(3) An additional fee of seven dollars and fifty cents. The	3750
additional fee shall be for the purpose of compensating the bureau	3751
of motor vehicles for additional services required to be performed	3752
under this section and shall be transmitted by the registrar to	3753
the treasurer of state for deposit in the state bureau of motor	3754
vehicles fund created by section 4501.25 of the Revised Code.	3755

(C) On receipt of a complete application, the registrar shall	3756
issue to the applicant the appropriate certificate of registration	3757
for the vehicle and do one of the following:	3758

(1) Issue a set of license plates with a validation sticker	3759
and a set of stickers to be attached to the plates as an	3760
identification of the vehicle's classification as an ambulance,	3761
ambulette, or nontransport vehicle;	3762

(2) Issue a validation sticker alone when so required by	3763
section 4503.191 of the Revised Code.	3764

Sec. 4503.83. (A) The owner or lessee of a fleet of	3765
apportioned vehicles may apply to the registrar of motor vehicles	3766
for the registration of any apportioned vehicle, commercial	3767
trailer, or other vehicle of a class approved by the registrar and	3768
issuance of company logo license plates. The initial application	3769
shall be for not less than fifty eligible vehicles. The applicant	3770
shall provide the registrar the artwork for the company logo plate	3771
in a format designated by the registrar. The registrar shall	3772
approve the artwork or return the artwork for modification in	3773
accordance with any design requirements reasonably imposed by the	3774
registrar.	3775

Upon approval of the artwork and receipt of the completed	3776
application and compliance with divisions (B) and (C) of this	3777
section, the registrar shall issue to the applicant the	3778
appropriate vehicle registration and the appropriate number of	3779
company logo license plates with a validation sticker or a	3780
validation sticker alone when required by section 4503.191 of the	3781
Revised Code.	3782

In addition to the letters and numbers ordinarily inscribed	3783
on license plates, company logo license plates shall be inscribed	3784
with words and markings requested by the applicant and approved by	3785
the registrar.	3786

(B) A company logo license plate and a validation sticker or,	3787
when applicable, a validation sticker alone shall be issued upon	3788
payment of the regular license tax prescribed in section 4503.042	3789
of the Revised Code, any applicable fees prescribed in section	3790
4503.10 of the Revised Code, any applicable motor vehicle tax	3791
levied under Chapter 4504. of the Revised Code, a bureau of motor	3792
vehicles fee of six dollars, and compliance with all other	3793
applicable laws relating to the registration of motor vehicles. If	3794
a company logo plate is issued to replace an existing license	3795
plate for the same vehicle, the replacement license plate fees	3796
prescribed in division (A) of section 4503.19 of the Revised Code	3797
shall not apply.	3798

(C) The registrar shall deposit the bureau of motor vehicles	3799
fee specified in division (B) of this section, the purpose of	3800
which is to compensate the bureau for the additional services	3801
required in issuing company logo license plates, in the state	3802
bureau of motor vehicles fund created in section 4501.25 of the	3803
Revised Code.	3804

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	3805
moneys pursuant to section 4501.043 of the Revised Code, the	3806
county auditor shall pay into the treasury of each township in the	3807
county levying a township motor vehicle license tax the portion of	3808
such money due the township as shown by the certificate of the	3809
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	3810
4501.031 of the Revised Code. The money shall be used by the	3811
township only for the purposes described in section 4504.18 of the	3812
Revised Code.	3813

Sec. 4504.21. (A) For the purpose of paying the costs and	3814
expenses of enforcing and administering the tax provided for in	3815
this section; for planning, constructing, reconstructing,	3816
improving, maintaining, and repairing roads, bridges, and	3817
culverts; for purchasing, erecting, and maintaining traffic signs,	3818
markers, lights, and signals; for paying debt service charges on	3819
obligations issued for those purposes; and to supplement revenue	3820
already available for those purposes, a transportation improvement	3821
district created in accordance with section 5540.02 of the Revised	3822
Code may levy an annual license tax upon the operation of motor	3823
vehicles on the public roads and highways in the territory of the	3824
district. The tax shall be levied in increments of five dollars	3825
and shall not exceed twenty dollars per motor vehicle on all motor	3826
vehicles the owners of which reside in the district and shall be	3827
in addition to all other taxes levied under this chapter, subject	3828
to reduction in the manner provided in division (B)(2) of section	3829
4503.11 of the Revised Code. The tax may be levied in all or part	3830
of the territory of the district.	3831

(B) The board of trustees of a transportation improvement	3832
district proposing to levy a motor vehicle license tax under this	3833
section shall put the question of the tax to the electors of the	3834
district or of that part of the district in which the tax would be	3835
levied. The election shall be held on the date of a primary or	3836
general election held not less than ninety days after the board of	3837
trustees certifies to the county board of elections its resolution	3838
proposing the tax. The resolution shall specify the rate of the	3839
tax. The board of elections shall submit the question of the tax	3840
to the electors at the primary or general election. The secretary	3841
of state shall prescribe the form of the ballot for the election.	3842
If approved by a majority of the electors voting on the question	3843
of the tax, the board of trustees shall levy the tax as provided	3844
in the resolution.	3845

(C) A transportation improvement district license tax levied	3846
under this section shall continue in effect until repealed, or	3847
until the dissolution of the transportation improvement district	3848
that levied it.	3849

(D) Money received by the registrar of motor vehicles	3850
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	3851
Code that consists of the taxes levied under this section shall be	3852
deposited in the ~~auto registration distribution~~local motor	3853
vehicle license tax fund created by section ~~4501.03~~4501.031 of	3854
the Revised Code and distributed to the transportation improvement	3855
district levying such tax. The registrar may assign to the	3856
transportation improvement district a unique code to facilitate	3857
the distribution of such money, which may be the same unique code	3858
assigned to a county under section 4501.03 of the Revised Code.	3859

Sec. 4505.11. This section shall also apply to all-purpose	3860
vehicles and off-highway motorcycles as defined in section 4519.01	3861
of the Revised Code.	3862

(A) Each owner of a motor vehicle and each person mentioned	3863
as owner in the last certificate of title, when the motor vehicle	3864
is dismantled, destroyed, or changed in such manner that it loses	3865
its character as a motor vehicle, or changed in such manner that	3866
it is not the motor vehicle described in the certificate of title,	3867
shall surrender the certificate of title to that motor vehicle to	3868
a clerk of a court of common pleas, and the clerk, with the	3869
consent of any holders of any liens noted on the certificate of	3870
title, then shall enter a cancellation upon the clerk's records	3871
and shall notify the registrar of motor vehicles of the	3872
cancellation.	3873

Upon the cancellation of a certificate of title in the manner	3874
prescribed by this section, any clerk and the registrar of motor	3875
vehicles may cancel and destroy all certificates and all	3876
memorandum certificates in that chain of title.	3877

(B)(1) If an Ohio certificate of title or salvage certificate	3878
of title to a motor vehicle is assigned to a salvage dealer, the	3879
dealer is not required to obtain an Ohio certificate of title or a	3880
salvage certificate of title to the motor vehicle in the dealer's	3881
own name if the dealer dismantles or destroys the motor vehicle,	3882
indicates the number of the dealer's motor vehicle salvage	3883
dealer's license on it, marks "FOR DESTRUCTION" across the face of	3884
the certificate of title or salvage certificate of title, and	3885
surrenders the certificate of title or salvage certificate of	3886
title to a clerk of a court of common pleas as provided in	3887
division (A) of this section. If the salvage dealer retains the	3888
motor vehicle for resale, the dealer shall make application for a	3889
salvage certificate of title to the motor vehicle in the dealer's	3890
own name as provided in division (C)(1) of this section.	3891

(2) At the time any salvage motor vehicle is sold at auction	3892
or through a pool, the salvage motor vehicle auction or salvage	3893
motor vehicle pool shall give a copy of the salvage certificate of	3894
title or a copy of the certificate of title marked "FOR	3895
DESTRUCTION" to the purchaser.	3896

(C)(1) When an insurance company declares it economically	3897
impractical to repair such a motor vehicle and has paid an agreed	3898
price for the purchase of the motor vehicle to any insured or	3899
claimant owner, the insurance company shall proceed as follows:	3900

(a) If an insurance company receives the certificate of title	3901
and the motor vehicle, within thirty business days, the insurance	3902
company shall deliver the certificate of title to a clerk of a	3903
court of common pleas and shall make application for a salvage	3904
certificate of title.	3905

(b) If an insurance company obtains possession of the motor	3906
vehicle but is unable to obtain the properly endorsed certificate	3907
of title for the motor vehicle, within thirty business days	3908
following the vehicle's owner or lienholder's acceptance of the	3909
insurance company's payment for the vehicle, the insurance company	3910
may apply to the clerk of a court of common pleas for a salvage	3911
certificate of title without delivering the certificate of title	3912
for the motor vehicle. The application shall be accompanied by	3913
evidence that the insurance company has paid a total loss claim on	3914
the vehicle, a copy of the written request for the certificate of	3915
title on the insurance company's letterhead, and the original	3916
certified mail, return receipt notice, addressed to the last known	3917
owner of the vehicle and any known lienholder, to obtain the	3918
certificate of title.	3919

(c) Upon receipt of a properly completed application for a	3920
salvage certificate of title as described in division (C)(1)(a) or	3921
(b) or (C)(2) of this section, the clerk shall issue the salvage	3922
certificate of title on a form, prescribed by the registrar, that	3923
shall be easily distinguishable from the original certificate of	3924
title and shall bear the same information as the original	3925
certificate of title except that it may bear a different number	3926
than that of the original certificate of title. Except as provided	3927
in division (C)(3) of this section, the salvage certificate of	3928
title shall be assigned by the insurance company to a salvage	3929
dealer or any other person for use as evidence of ownership upon	3930
the sale or other disposition of the motor vehicle, and the	3931
salvage certificate of title shall be transferrable to any other	3932
person. The clerk shall charge a fee of four dollars for the cost	3933
of processing each salvage certificate of title.	3934

(2) If an insurance company requests that a salvage motor	3935
vehicle auction take possession of a motor vehicle that is the	3936
subject of an insurance claim, and subsequently the insurance	3937
company denies coverage with respect to the motor vehicle or does	3938
not otherwise take ownership of the motor vehicle, the salvage	3939
motor vehicle auction may proceed as follows. After the salvage	3940
motor vehicle auction has possession of the motor vehicle for	3941
forty-five days, it may apply to the clerk of a court of common	3942
pleas for a salvage certificate of title without delivering the	3943
certificate of title for the motor vehicle. The application shall	3944
be accompanied by a copy of the written request that the vehicle	3945
be removed from the facility on the salvage motor vehicle	3946
auction's letterhead, and the original certified mail, return	3947
receipt notice, addressed to the last known owner of the vehicle	3948
and any known lienholder, requesting that the vehicle be removed	3949
from the facility of the salvage motor vehicle auction. Upon	3950
receipt of a properly completed application, the clerk shall	3951
follow the process as described in division (C)(1)(c) of this	3952
section. The salvage certificate of title so issued shall be free	3953
and clear of all liens.	3954

(3) If an insurance company considers a motor vehicle as	3955
described in division (C)(1)(a) or (b) of this section to be	3956
impossible to restore for highway operation, the insurance company	3957
may assign the certificate of title to the motor vehicle to a	3958
salvage dealer or scrap metal processing facility and send the	3959
assigned certificate of title to the clerk of the court of common	3960
pleas of any county. The insurance company shall mark the face of	3961
the certificate of title "FOR DESTRUCTION" and shall deliver a	3962
photocopy of the certificate of title to the salvage dealer or	3963
scrap metal processing facility for its records.	3964

(4) If an insurance company declares it economically	3965
impractical to repair a motor vehicle, agrees to pay to the	3966
insured or claimant owner an amount in settlement of a claim	3967
against a policy of motor vehicle insurance covering the motor	3968
vehicle, and agrees to permit the insured or claimant owner to	3969
retain possession of the motor vehicle, the insurance company	3970
shall not pay the insured or claimant owner any amount in	3971
settlement of the insurance claim until the owner obtains a	3972
salvage certificate of title to the vehicle and furnishes a copy	3973
of the salvage certificate of title to the insurance company.	3974

(D) When a self-insured organization, rental or leasing	3975
company, or secured creditor becomes the owner of a motor vehicle	3976
that is burned, damaged, or dismantled and is determined to be	3977
economically impractical to repair, the self-insured organization,	3978
rental or leasing company, or secured creditor shall do one of the	3979
following:	3980

(1) Mark the face of the certificate of title to the motor	3981
vehicle "FOR DESTRUCTION" and surrender the certificate of title	3982
to a clerk of a court of common pleas for cancellation as	3983
described in division (A) of this section. The self-insured	3984
organization, rental or leasing company, or secured creditor then	3985
shall deliver the motor vehicle, together with a photocopy of the	3986
certificate of title, to a salvage dealer or scrap metal	3987
processing facility and shall cause the motor vehicle to be	3988
dismantled, flattened, crushed, or destroyed.	3989

(2) Obtain a salvage certificate of title to the motor	3990
vehicle in the name of the self-insured organization, rental or	3991
leasing company, or secured creditor, as provided in division	3992
(C)(1) of this section, and then sell or otherwise dispose of the	3993
motor vehicle. If the motor vehicle is sold, the self-insured	3994
organization, rental or leasing company, or secured creditor shall	3995
obtain a salvage certificate of title to the motor vehicle in the	3996
name of the purchaser from a clerk of a court of common pleas.	3997

(E) If a motor vehicle titled with a salvage certificate of	3998
title is restored for operation upon the highways, application	3999
shall be made to a clerk of a court of common pleas for a	4000
certificate of title. Upon inspection by the state highway patrol,	4001
which shall include establishing proof of ownership and an	4002
inspection of the motor number and vehicle identification number	4003
of the motor vehicle and of documentation or receipts for the	4004
materials used in restoration by the owner of the motor vehicle	4005
being inspected, which documentation or receipts shall be	4006
presented at the time of inspection, the clerk, upon surrender of	4007
the salvage certificate of title, shall issue a certificate of	4008
title for a fee prescribed by the registrar. The certificate of	4009
title shall be in the same form as the original certificate of	4010
title and shall bear the words "REBUILT SALVAGE" in black boldface	4011
letters on its face. Every subsequent certificate of title,	4012
memorandum certificate of title, or duplicate certificate of title	4013
issued for the motor vehicle also shall bear the words "REBUILT	4014
SALVAGE" in black boldface letters on its face. The exact location	4015
on the face of the certificate of title of the words "REBUILT	4016
SALVAGE" shall be determined by the registrar, who shall develop	4017
an automated procedure within the automated title processing	4018
system to comply with this division. The clerk shall use	4019
reasonable care in performing the duties imposed on the clerk by	4020
this division in issuing a certificate of title pursuant to this	4021
division, but the clerk is not liable for any of the clerk's	4022
errors or omissions or those of the clerk's deputies, or the	4023
automated title processing system in the performance of those	4024
duties. A fee of fifty dollars shall be assessed by the state	4025
highway patrol for each inspection made pursuant to this division	4026
and shall be deposited into the state highway safety fund	4027
established by section 4501.06 of the Revised Code.	4028

(F) No person shall operate upon the highways in this state a	4029
motor vehicle, title to which is evidenced by a salvage	4030
certificate of title, except to deliver the motor vehicle pursuant	4031
to an appointment for an inspection under this section.	4032

(G) No motor vehicle the certificate of title to which has	4033
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	4034
court of common pleas shall be used for anything except parts and	4035
scrap metal.	4036

(H)(1) Except as otherwise provided in this division, an	4037
owner of a manufactured or mobile home that will be taxed as real	4038
property pursuant to division (B) of section 4503.06 of the	4039
Revised Code shall surrender the certificate of title to the	4040
auditor of the county containing the taxing district in which the	4041
home is located. An owner whose home qualifies for real property	4042
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	4043
the Revised Code shall surrender the certificate within fifteen	4044
days after the home meets the conditions specified in those	4045
divisions. The auditor shall deliver the certificate of title to	4046
the clerk of the court of common pleas who issued it.	4047

(2) If the certificate of title for a manufactured or mobile	4048
home that is to be taxed as real property is held by a lienholder,	4049
the lienholder shall surrender the certificate of title to the	4050
auditor of the county containing the taxing district in which the	4051
home is located, and the auditor shall deliver the certificate of	4052
title to the clerk of the court of common pleas who issued it. The	4053
lienholder shall surrender the certificate within thirty days	4054
after both of the following have occurred:	4055

(a) The homeowner has provided written notice to the	4056
lienholder requesting that the certificate of title be surrendered	4057
to the auditor of the county containing the taxing district in	4058
which the home is located.	4059

(b) The homeowner has either paid the lienholder the	4060
remaining balance owed to the lienholder, or, with the	4061
lienholder's consent, executed and delivered to the lienholder a	4062
mortgage on the home and land on which the home is sited in the	4063
amount of the remaining balance owed to the lienholder.	4064

(3) Upon the delivery of a certificate of title by the county	4065
auditor to the clerk, the clerk shall inactivate it and maintain	4066
it in the automated title processing system for a period of thirty	4067
years.	4068

(4) Upon application by the owner of a manufactured or mobile	4069
home that is taxed as real property pursuant to division (B) of	4070
section 4503.06 of the Revised Code and that no longer satisfies	4071
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	4072
section, the clerk shall reactivate the record of the certificate	4073
of title that was inactivated under division (H)(3) of this	4074
section and shall issue a new certificate of title, but only if	4075
the application contains or has attached to it all of the	4076
following:	4077

(a) An endorsement of the county treasurer that all real	4078
property taxes charged against the home under Title LVII of the	4079
Revised Code and division (B) of section 4503.06 of the Revised	4080
Code for all preceding tax years have been paid;	4081

(b) An endorsement of the county auditor that the home will	4082
be removed from the real property tax list;	4083

(c) Proof that there are no outstanding mortgages or other	4084
liens on the home or, if there are such mortgages or other liens,	4085
that the mortgagee or lienholder has consented to the reactivation	4086
of the certificate of title.	4087

(I)(1) Whoever violates division (F) of this section shall be	4088
fined not more than two thousand dollars, imprisoned not more than	4089
one year, or both.	4090

(2) Whoever violates division (G) of this section shall be	4091
fined not more than one thousand dollars, imprisoned not more than	4092
six months, or both.	4093

Sec. 4506.08. (A)(1) Each application for a commercial	4094
driver's license temporary instruction permit shall be accompanied	4095
by a fee of ten dollars. Each application for a commercial	4096
driver's license, restricted commercial driver's license, renewal	4097
of such a license, or waiver for farm-related service industries	4098
shall be accompanied by a fee of twenty-five dollars, except that	4099
an application for a commercial driver's license or restricted	4100
commercial driver's license received pursuant to division (A)(3)	4101
of section 4506.14 of the Revised Code shall be accompanied by a	4102
fee of eighteen dollars and seventy-five cents if the license will	4103
expire on the licensee's birthday three years after the date of	4104
issuance, a fee of twelve dollars and fifty cents if the license	4105
will expire on the licensee's birthday two years after the date of	4106
issuance, and a fee of six dollars and twenty-five cents if the	4107
license will expire on the licensee's birthday one year after the	4108
date of issuance. Each application for a duplicate commercial	4109
driver's license shall be accompanied by a fee of ten dollars.	4110

(2) In addition, the registrar of motor vehicles or deputy	4111
registrar may collect and retain an additional fee of no more than	4112
three dollars and fifty cents for each application for a	4113
commercial driver's license temporary instruction permit,	4114
commercial driver's license, renewal of a commercial driver's	4115
license, or duplicate commercial driver's license received by the	4116
registrar or deputy.	4117

(B) In addition to the fees imposed under division (A) of	4118
this section, the registrar of motor vehicles or deputy registrar	4119
shall collect a fee of twelve dollars for each application for a	4120
commercial driver's license temporary instruction permit,	4121
commercial driver's license, or duplicate commercial driver's	4122
license and for each application for renewal of a commercial	4123
driver's license. The additional fee is for the purpose of	4124
defraying the department of public safety's costs associated with	4125
the administration and enforcement of the motor vehicle and	4126
traffic laws of Ohio.	4127

(C) Each deputy registrar shall transmit the fees collected	4128
under divisions (A)(1) and (B) of this section in the time and	4129
manner prescribed by the registrar. The registrar shall deposit	4130
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	4131
section into the state ~~highway safety~~bureau of motor vehicles	4132
fund established in section ~~4501.06~~4501.25 of the Revised Code.	4133
The registrar shall deposit all moneys collected under division	4134
(B) of this section into the state highway safety fund established	4135
in section 4501.06 of the Revised Code.	4136

(D) Information regarding the driving record of any person	4137
holding a commercial driver's license issued by this state shall	4138
be furnished by the registrar, upon request and payment of a fee	4139
of five dollars, to the employer or prospective employer of such a	4140
person and to any insurer.	4141

Of each five-dollar fee the registrar collects under this	4142
division, the registrar shall pay two dollars into the state	4143
treasury to the credit of the state bureau of motor vehicles fund	4144
established in section 4501.25 of the Revised Code, sixty cents	4145
into the state treasury to the credit of the trauma and emergency	4146
medical services fund established in section 4513.263 of the	4147
Revised Code, sixty cents into the state treasury to the credit of	4148
the homeland security fund established in section 5502.03 of the	4149
Revised Code, thirty cents into the state treasury to the credit	4150
of the investigations fund established in section 5502.131 of the	4151
Revised Code, one dollar and twenty-five cents into the state	4152
treasury to the credit of the emergency management agency service	4153
and reimbursement fund established in section 5502.39 of the	4154
Revised Code, and twenty-five cents into the state treasury to the	4155
credit of the justice program services fund established in section	4156
5502.67 of the Revised Code.	4157

Sec. 4506.09. (A) The registrar of motor vehicles, subject	4158
to approval by the director of public safety, shall adopt rules	4159
conforming with applicable standards adopted by the federal motor	4160
carrier safety administration as regulations under Pub. L. No.	4161
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	4162
31317. The rules shall establish requirements for the	4163
qualification and testing of persons applying for a commercial	4164
driver's license, which shall be in addition to other requirements	4165
established by this chapter. Except as provided in division (B) of	4166
this section, the highway patrol or any other employee of the	4167
department of public safety the registrar authorizes shall	4168
supervise and conduct the testing of persons applying for a	4169
commercial driver's license.	4170

(B) The director may adopt rules, in accordance with Chapter	4171
119. of the Revised Code and applicable requirements of the	4172
federal motor carrier safety administration, authorizing the	4173
skills test specified in this section to be administered by any	4174
person, by an agency of this or another state, or by an agency,	4175
department, or instrumentality of local government. Each party	4176
authorized under this division to administer the skills test may	4177
charge a maximum divisible fee of eighty-five dollars for each	4178
skills test given as part of a commercial driver's license	4179
examination. The fee shall consist of not more than twenty dollars	4180
for the pre-trip inspection portion of the test, not more than	4181
twenty dollars for the off-road maneuvering portion of the test,	4182
and not more than forty-five dollars for the on-road portion of	4183
the test. Each such party may require an appointment fee in the	4184
same manner provided in division (F)(2) of this section, except	4185
that the maximum amount such a party may require as an appointment	4186
fee is eighty-five dollars. The skills test administered by	4187
another party under this division shall be the same as otherwise	4188
would be administered by this state. The other party shall enter	4189
into an agreement with the director that, without limitation, does	4190
all of the following:	4191

(1) Allows the director or the director's representative and	4192
the federal motor carrier safety administration or its	4193
representative to conduct random examinations, inspections, and	4194
audits of the other party without prior notice;	4195

(2) Requires the director or the director's representative to	4196
conduct on-site inspections of the other party at least annually;	4197

(3) Requires that all examiners of the other party meet the	4198
same qualification and training standards as examiners of the	4199
department of public safety, to the extent necessary to conduct	4200
skills tests in the manner required by 49 C.F.R. 383.110 through	4201
383.135;	4202

(4) Requires either that state employees take, at least	4203
annually and as though the employees were test applicants, the	4204
tests actually administered by the other party, that the director	4205
test a sample of drivers who were examined by the other party to	4206
compare the test results, or that state employees accompany a test	4207
applicant during an actual test;	4208

(5) Reserves to this state the right to take prompt and	4209
appropriate remedial action against testers of the other party if	4210
the other party fails to comply with standards of this state or	4211
federal standards for the testing program or with any other terms	4212
of the contract.	4213

(C) The director shall enter into an agreement with the	4214
department of education authorizing the skills test specified in	4215
this section to be administered by the department at any location	4216
operated by the department for purposes of training and testing	4217
school bus drivers, provided that the agreement between the	4218
director and the department complies with the requirements of	4219
division (B) of this section. Skills tests administered by the	4220
department shall be limited to persons applying for a commercial	4221
driver's license with a school bus endorsement.	4222

(D) The director shall adopt rules, in accordance with	4223
Chapter 119. of the Revised Code, authorizing waiver of the skills	4224
test specified in this section for any applicant for a commercial	4225
driver's license who meets all of the following requirements:	4226

(1) Certifies that, during the two-year period immediately	4227
preceding application for a commercial driver's license, all of	4228
the following apply:	4229

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

4230

(b) The applicant has not had any license suspended, revoked,	4231
or canceled.	4232

(c) The applicant has not had any convictions for any type of	4233
motor vehicle for the offenses for which disqualification is	4234
prescribed in section 4506.16 of the Revised Code.	4235

(d) The applicant has not had any violation of a state or	4236
local law relating to motor vehicle traffic control other than a	4237
parking violation arising in connection with any traffic accident	4238
and has no record of an accident in which the applicant was at	4239
fault.	4240

(e) The applicant has previously taken and passed a skills	4241
test given by a state with a classified licensing and testing	4242
system in which the test was behind-the-wheel in a representative	4243
vehicle for the applicant's commercial driver's license	4244
classification.	4245

(2) Certifies and also provides evidence that the applicant	4246
is regularly employed in a job requiring operation of a commercial	4247
motor vehicle and that one of the following applies:	4248

(a) The applicant has previously taken and passed a skills	4249
test given by a state with a classified licensing and testing	4250
system in which the test was behind-the-wheel in a representative	4251
vehicle for the applicant's commercial driver's license	4252
classification.	4253

(b) The applicant has regularly operated, for at least two	4254
years immediately preceding application for a commercial driver's	4255
license, a vehicle representative of the commercial motor vehicle	4256
the applicant operates or expects to operate.	4257

(E) The director shall adopt rules, in accordance with	4258
Chapter 119. of the Revised Code, authorizing waiver of the skills	4259
test specified in this section for any applicant for a commercial	4260
driver's license who meets all of the following requirements:	4261

(1) At the time of applying, is a member or uniformed	4262
employee of the armed forces of the United States or their reserve	4263
components, including the Ohio national guard, or separated from	4264
such service or employment within the preceding ninety days;	4265

(2) Certifies that, during the two-year period immediately	4266
preceding application for a commercial driver's license, all of	4267
the following apply:	4268

(a) The applicant has not had more than one license,	4269
excluding any military license.	4270

(b) The applicant has not had any license suspended, revoked,	4271
or canceled.	4272

(c) The applicant has not had any convictions for any type of	4273
motor vehicle for the offenses for which disqualification is	4274
prescribed in section 4506.16 of the Revised Code.	4275

(d) The applicant has not had more than one conviction for	4276
any type of motor vehicle for a serious traffic violation.	4277

(e) The applicant has not had any violation of a state or	4278
local law relating to motor vehicle traffic control other than a	4279
parking violation arising in connection with any traffic accident	4280
and has no record of an accident in which the applicant was at	4281
fault.	4282

(3) In accordance with rules adopted by the director,	4283
certifies and also provides evidence of all of the following:	4284

(a) That the applicant is regularly employed or was regularly	4285
employed within the preceding ninety days in a military position	4286
requiring operation of a commercial motor vehicle;	4287

(b) That the applicant was exempt from the requirements of	4288
this chapter under division (B)(6) of section 4506.03 of the	4289
Revised Code;	4290

(c) That, for at least two years immediately preceding the	4291
date of application or at least two years immediately preceding	4292
the date the applicant separated from military service or	4293
employment, the applicant regularly operated a vehicle	4294
representative of the commercial motor vehicle type that the	4295
applicant operates or expects to operate.	4296

(F)(1) The department of public safety may charge and collect	4297
a divisible fee of fifty dollars for each skills test given as	4298
part of a commercial driver's license examination. The fee shall	4299
consist of ten dollars for the pre-trip inspection portion of the	4300
test, ten dollars for the off-road maneuvering portion of the	4301
test, and thirty dollars for the on-road portion of the test.	4302

(2) The director may require an applicant for a commercial	4303
driver's license who schedules an appointment with the highway	4304
patrol or other authorized employee of the department of public	4305
safety to take all portions of the skills test, to pay an	4306
appointment fee of fifty dollars at the time of scheduling the	4307
appointment. If the applicant appears at the time and location	4308
specified for the appointment and takes all portions of the skills	4309
test during that appointment, the appointment fee shall serve as	4310
the skills test fee. If the applicant schedules an appointment to	4311
take all portions of the skills test and fails to appear at the	4312
time and location specified for the appointment, no portion of the	4313
appointment fee shall be refunded. If the applicant schedules an	4314
appointment to take all portions of the skills test and appears at	4315
the time and location specified for the appointment, but declines	4316
or is unable to take all portions of the skills test, no portion	4317
of the appointment fee shall be refunded. If the applicant cancels	4318
a scheduled appointment forty-eight hours or more prior to the	4319
time of the appointment time, the applicant shall not forfeit the	4320
appointment fee.	4321

An applicant for a commercial driver's license who schedules	4322
an appointment to take one or more, but not all, portions of the	4323
skills test shall be required to pay an appointment fee equal to	4324
the costs of each test scheduled, as prescribed in division (F)(1)	4325
of this section, when scheduling such an appointment. If the	4326
applicant appears at the time and location specified for the	4327
appointment and takes all the portions of the skills test during	4328
that appointment that the applicant was scheduled to take, the	4329
appointment fee shall serve as the skills test fee. If the	4330
applicant schedules an appointment to take one or more, but not	4331
all, portions of the skills test and fails to appear at the time	4332
and location specified for the appointment, no portion of the	4333
appointment fee shall be refunded. If the applicant schedules an	4334
appointment to take one or more, but not all, portions of the	4335
skills test and appears at the time and location specified for the	4336
appointment, but declines or is unable to take all portions of the	4337
skills test that the applicant was scheduled to take, no portion	4338
of the appointment fee shall be refunded. If the applicant cancels	4339
a scheduled appointment forty-eight hours or more prior to the	4340
time of the appointment time, the applicant shall not forfeit the	4341
appointment fee.	4342

(3) The department of public safety shall deposit all fees it	4343
collects under division (F) of this section in the state ~~highway~~	4344
~~safety~~bureau of motor vehicles fund established in section	4345
4501.25 of the Revised Code.	4346

(G) As used in this section, "skills test" means a test of an	4347
applicant's ability to drive the type of commercial motor vehicle	4348
for which the applicant seeks a commercial driver's license by	4349
having the applicant drive such a motor vehicle while under the	4350
supervision of an authorized state driver's license examiner or	4351
tester.	4352

Sec. 4507.011. (A) Each deputy registrar assigned to a	4353
driver's license examining station by the registrar of motor	4354
vehicles as provided in section 4507.01 of the Revised Code shall	4355
remit to the director of public safety a rental fee equal to the	4356
percentage of space occupied by the deputy registrar in the	4357
driver's license examining station multiplied by the rental fee	4358
paid for the entire driver's license examining station plus a pro	4359
rata share of all utility costs. All such moneys received by the	4360
director shall be deposited in the state treasury to the credit of	4361
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	4362
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	4363
~~in the fund shall be used by the department of public safety only~~	4364
~~to pay the rent and expenses of the driver's license examining~~	4365
~~stations. All investment earnings of the fund shall be credited to~~	4366
~~the fund.~~	4367

(B) Each deputy registrar assigned to a bureau of motor	4368
vehicles' location shall reimburse the registrar a monthly	4369
building rental fee, including applicable utility charges. All	4370
such moneys received by the registrar shall be deposited into the	4371
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	4372
~~the Revised Code~~.	4373

Sec. 4507.05. (A) The registrar of motor vehicles, or a	4374
deputy registrar, upon receiving an application for a temporary	4375
instruction permit and a temporary instruction permit	4376
identification card for a driver's license from any person who is	4377
at least fifteen years six months of age, may issue such a permit	4378
and identification card entitling the applicant to drive a motor	4379
vehicle, other than a commercial motor vehicle, upon the highways	4380
under the following conditions:	4381

(1) If the permit is issued to a person who is at least	4382
fifteen years six months of age, but less than sixteen years of	4383
age:	4384

(a) The permit and identification card are in the holder's	4385
immediate possession;	4386

(b) The holder is accompanied by an eligible adult who	4387
actually occupies the seat beside the permit holder and does not	4388
have a prohibited concentration of alcohol in the whole blood,	4389
blood serum or plasma, breath, or urine as provided in division	4390
(A) of section 4511.19 of the Revised Code;	4391

(c) The total number of occupants of the vehicle does not	4392
exceed the total number of occupant restraining devices originally	4393
installed in the motor vehicle by its manufacturer, and each	4394
occupant of the vehicle is wearing all of the available elements	4395
of a properly adjusted occupant restraining device.	4396

(2) If the permit is issued to a person who is at least	4397
sixteen years of age:	4398

(a) The permit and identification card are in the holder's	4399
immediate possession;	4400

(b) The holder is accompanied by a licensed operator who is	4401
at least twenty-one years of age, is actually occupying a seat	4402
beside the driver, and does not have a prohibited concentration of	4403
alcohol in the whole blood, blood serum or plasma, breath, or	4404
urine as provided in division (A) of section 4511.19 of the	4405
Revised Code;	4406

(c) The total number of occupants of the vehicle does not	4407
exceed the total number of occupant restraining devices originally	4408
installed in the motor vehicle by its manufacturer, and each	4409
occupant of the vehicle is wearing all of the available elements	4410
of a properly adjusted occupant restraining device.	4411

(B) The registrar or a deputy registrar, upon receiving from	4412
any person an application for a temporary instruction permit and	4413
temporary instruction permit identification card to operate a	4414
motorcycle or motorized bicycle, may issue such a permit and	4415
identification card entitling the applicant, while having the	4416
permit and identification card in the applicant's immediate	4417
possession, to drive a motorcycle under the restrictions	4418
prescribed in section 4511.53 of the Revised Code, or to drive a	4419
motorized bicycle under restrictions determined by the registrar.	4420
A temporary instruction permit and temporary instruction permit	4421
identification card to operate a motorized bicycle may be issued	4422
to a person fourteen or fifteen years old.	4423

(C) Any permit and identification card issued under this	4424
section shall be issued in the same manner as a driver's license,	4425
upon a form to be furnished by the registrar. A temporary	4426
instruction permit to drive a motor vehicle other than a	4427
commercial motor vehicle shall be valid for a period of one year.	4428

(D) Any person having in the person's possession a valid and	4429
current driver's license or motorcycle operator's license or	4430
endorsement issued to the person by another jurisdiction	4431
recognized by this state is exempt from obtaining a temporary	4432
instruction permit for a driver's license~~, but shall submit~~and	4433
from submitting to the examination for a temporary instruction	4434
permit and the regular examination infor obtaining a driver's	4435
license or motorcycle operator's endorsement in this state if the	4436
person does all of the following:	4437

(1) Submits to and passes vision screening as provided in	4438
section 4507.12 of the Revised Code;	4439

(2) Surrenders to the registrar or deputy registrar the	4440
person's driver's license issued by the other jurisdiction; and	4441

(3) Complies with all other applicable requirements for	4442
issuance by this state of a driver's license, driver's license	4443
with a motorcycle operator's endorsement, or restricted license to	4444
operate a motorcycle.	4445

If the person does not comply with all the requirements of	4446
this division, the person shall submit to the regular examination	4447
for obtaining a driver's license or motorcycle operator's	4448
endorsement in this state in order to obtain such a license or	4449
endorsement.	4450

(E) The registrar may adopt rules governing the use of	4451
temporary instruction permits and temporary instruction permit	4452
identification cards.	4453

(F)(1) No holder of a permit issued under division (A) of	4454
this section shall operate a motor vehicle upon a highway or any	4455
public or private property used by the public for purposes of	4456
vehicular travel or parking in violation of the conditions	4457
established under division (A) of this section.	4458

(2) Except as provided in division (F)(2) of this section, no	4459
holder of a permit that is issued under division (A) of this	4460
section and that is issued on or after July 1, 1998, and who has	4461
not attained the age of eighteen years, shall operate a motor	4462
vehicle upon a highway or any public or private property used by	4463
the public for purposes of vehicular travel or parking between the	4464
hours of midnight and six a.m.	4465

The holder of a permit issued under division (A) of this	4466
section on or after July 1, 1998, who has not attained the age of	4467
eighteen years, may operate a motor vehicle upon a highway or any	4468
public or private property used by the public for purposes of	4469
vehicular travel or parking between the hours of midnight and six	4470
a.m. if, at the time of such operation, the holder is accompanied	4471
by the holder's parent, guardian, or custodian, and the parent,	4472
guardian, or custodian holds a current valid driver's or	4473
commercial driver's license issued by this state, is actually	4474
occupying a seat beside the permit holder, and does not have a	4475
prohibited concentration of alcohol in the whole blood, blood	4476
serum or plasma, breath, or urine as provided in division (A) of	4477
section 4511.19 of the Revised Code.	4478

(G)(1) Notwithstanding any other provision of law to the	4479
contrary, no law enforcement officer shall cause the operator of a	4480
motor vehicle being operated on any street or highway to stop the	4481
motor vehicle for the sole purpose of determining whether each	4482
occupant of the motor vehicle is wearing all of the available	4483
elements of a properly adjusted occupant restraining device as	4484
required by division (A) of this section, or for the sole purpose	4485
of issuing a ticket, citation, or summons if the requirement in	4486
that division has been or is being violated, or for causing the	4487
arrest of or commencing a prosecution of a person for a violation	4488
of that requirement.	4489

(2) Notwithstanding any other provision of law to the	4490
contrary, no law enforcement officer shall cause the operator of a	4491
motor vehicle being operated on any street or highway to stop the	4492
motor vehicle for the sole purpose of determining whether a	4493
violation of division (F)(2) of this section has been or is being	4494
committed or for the sole purpose of issuing a ticket, citation,	4495
or summons for such a violation or for causing the arrest of or	4496
commencing a prosecution of a person for such violation.	4497

(H) As used in this section:

4498

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

4499

(a) An instructor of a driver training course approved by the	4500
department of public safety;	4501

(b) Any of the following persons who holds a current valid	4502
driver's or commercial driver's license issued by this state:	4503

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

4504

(ii) A person twenty-one years of age or older who acts in	4505
loco parentis of the permit holder.	4506

(2) "Occupant restraining device" has the same meaning as in	4507
section 4513.263 of the Revised Code.	4508

(I) Whoever violates division (F)(1) or (2) of this section	4509
is guilty of a minor misdemeanor.	4510

Sec. 4507.23. (A) Except as provided in division (I) of this	4511
section, each application for a temporary instruction permit and	4512
examination shall be accompanied by a fee of five dollars.	4513

(B) Except as provided in division (I) of this section, each	4514
application for a driver's license made by a person who previously	4515
held such a license and whose license has expired not more than	4516
two years prior to the date of application, and who is required	4517
under this chapter to give an actual demonstration of the person's	4518
ability to drive, shall be accompanied by a fee of three dollars	4519
in addition to any other fees.	4520

(C)(1) Except as provided in divisions (E) and (I) of this	4521
section, each application for a driver's license, or motorcycle	4522
operator's endorsement, or renewal of a driver's license shall be	4523
accompanied by a fee of six dollars.	4524

(2) Except as provided in division (I) of this section, each	4525
application for a duplicate driver's license shall be accompanied	4526
by a fee of seven dollars and fifty cents. The duplicate driver's	4527
licenses issued under this section shall be distributed by the	4528
deputy registrar in accordance with rules adopted by the registrar	4529
of motor vehicles.	4530

(D) Except as provided in division (I) of this section, each	4531
application for a motorized bicycle license or duplicate thereof	4532
shall be accompanied by a fee of two dollars and fifty cents.	4533

(E) Except as provided in division (I) of this section, each	4534
application for a driver's license or renewal of a driver's	4535
license that will be issued to a person who is less than	4536
twenty-one years of age shall be accompanied by whichever of the	4537
following fees is applicable:	4538

(1) If the person is sixteen years of age or older, but less	4539
than seventeen years of age, a fee of seven dollars and	4540
twenty-five cents;	4541

(2) If the person is seventeen years of age or older, but	4542
less than eighteen years of age, a fee of six dollars;	4543

(3) If the person is eighteen years of age or older, but less	4544
than nineteen years of age, a fee of four dollars and seventy-five	4545
cents;	4546

(4) If the person is nineteen years of age or older, but less	4547
than twenty years of age, a fee of three dollars and fifty cents;	4548

(5) If the person is twenty years of age or older, but less	4549
than twenty-one years of age, a fee of two dollars and twenty-five	4550
cents.	4551

(F) Neither the registrar nor any deputy registrar shall	4552
charge a fee in excess of one dollar and fifty cents for	4553
laminating a driver's license, motorized bicycle license, or	4554
temporary instruction permit identification cards as required by	4555
sections 4507.13 and 4511.521 of the Revised Code. A deputy	4556
registrar laminating a driver's license, motorized bicycle	4557
license, or temporary instruction permit identification cards	4558
shall retain the entire amount of the fee charged for lamination,	4559
less the actual cost to the registrar of the laminating materials	4560
used for that lamination, as specified in the contract executed by	4561
the bureau for the laminating materials and laminating equipment.	4562
The deputy registrar shall forward the amount of the cost of the	4563
laminating materials to the registrar for deposit as provided in	4564
this section.	4565

(G) Except as provided in division (I) of this section, each	4566
transaction described in divisions (A), (B), (C), (D), and (E) of	4567
this section shall be accompanied by an additional fee of twelve	4568
dollars. The additional fee is for the purpose of defraying the	4569
department of public safety's costs associated with the	4570
administration and enforcement of the motor vehicle and traffic	4571
laws of Ohio.	4572

(H) At the time and in the manner provided by section 4503.10	4573
of the Revised Code, the deputy registrar shall transmit the fees	4574
collected under divisions (A), (B), (C), (D), and (E), those	4575
portions of the fees specified in and collected under division	4576
(F), and the additional fee under division (G) of this section to	4577
the registrar. The registrar shall pay two dollars and fifty cents	4578
of each fee collected under divisions (A), (B), (C)(1) and (2),	4579
(D), and (E)(1) to (4) of this section, and the entire fee	4580
collected under division (E)(5) of this section, into the state	4581
~~highway safety~~bureau of motor vehicles fund established in	4582
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	4583
be used for the sole purpose of supporting driver licensing	4584
activities. The registrar also shall pay five dollars of each fee	4585
collected under division (C)(2) of this section and the entire fee	4586
collected under division (G) of this section into the state	4587
highway safety fund created in section 4501.06 of the Revised	4588
Code. The remaining fees collected by the registrar under this	4589
section shall be paid into the state bureau of motor vehicles fund	4590
established in section 4501.25 of the Revised Code.	4591

(I) A disabled veteran who has a service-connected disability	4592
rated at one hundred per cent by the veterans' administration may	4593
apply to the registrar or a deputy registrar for the issuance to	4594
that veteran, without the payment of any fee prescribed in this	4595
section, of any of the following items:	4596

(1) A temporary instruction permit and examination;

4597

(2) A new, renewal, or duplicate driver's or commercial	4598
driver's license;	4599

(3) A motorcycle operator's endorsement;

4600

(4) A motorized bicycle license or duplicate thereof;

4601

(5) Lamination of a driver's license, motorized bicycle	4602
license, or temporary instruction permit identification card as	4603
provided in division (F) of this section.	4604

An application made under division (I) of this section shall	4605
be accompanied by such documentary evidence of disability as the	4606
registrar may require by rule.	4607

Sec. 4511.01. As used in this chapter and in Chapter 4513.	4608
of the Revised Code:	4609

(A) "Vehicle" means every device, including a motorized	4610
bicycle, in, upon, or by which any person or property may be	4611
transported or drawn upon a highway, except that "vehicle" does	4612
not include any motorized wheelchair, any electric personal	4613
assistive mobility device, any device that is moved by power	4614
collected from overhead electric trolley wires or that is used	4615
exclusively upon stationary rails or tracks, or any device, other	4616
than a bicycle, that is moved by human power.	4617

(B) "Motor vehicle" means every vehicle propelled or drawn by	4618
power other than muscular power or power collected from overhead	4619
electric trolley wires, except motorized bicycles, road rollers,	4620
traction engines, power shovels, power cranes, and other equipment	4621
used in construction work and not designed for or employed in	4622
general highway transportation, hole-digging machinery,	4623
well-drilling machinery, ditch-digging machinery, farm machinery,	4624
and trailers designed and used exclusively to transport a boat	4625
between a place of storage and a marina, or in and around a	4626
marina, when drawn or towed on a street or highway for a distance	4627
of no more than ten miles and at a speed of twenty-five miles per	4628
hour or less.	4629

(C) "Motorcycle" means every motor vehicle, other than a	4630
tractor, having a seat or saddle for the use of the operator and	4631
designed to travel on not more than three wheels in contact with	4632
the ground, including, but not limited to, motor vehicles known as	4633
"motor-driven cycle," "motor scooter," or "motorcycle" without	4634
regard to weight or brake horsepower.	4635

(D) "Emergency vehicle" means emergency vehicles of	4636
municipal, township, or county departments or public utility	4637
corporations when identified as such as required by law, the	4638
director of public safety, or local authorities, and motor	4639
vehicles when commandeered by a police officer.	4640

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

4641

(1) Ambulances, including private ambulance companies under	4642
contract to a municipal corporation, township, or county, and	4643
private ambulances and nontransport vehicles bearing license	4644
plates issued under section 4503.49 of the Revised Code;	4645

(2) Motor vehicles used by public law enforcement officers or	4646
other persons sworn to enforce the criminal and traffic laws of	4647
the state;	4648

(3) Any motor vehicle when properly identified as required by	4649
the director of public safety, when used in response to fire	4650
emergency calls or to provide emergency medical service to ill or	4651
injured persons, and when operated by a duly qualified person who	4652
is a member of a volunteer rescue service or a volunteer fire	4653
department, and who is on duty pursuant to the rules or directives	4654
of that service. The state fire marshal shall be designated by the	4655
director of public safety as the certifying agency for all public	4656
safety vehicles described in division (E)(3) of this section.	4657

(4) Vehicles used by fire departments, including motor	4658
vehicles when used by volunteer fire fighters responding to	4659
emergency calls in the fire department service when identified as	4660
required by the director of public safety.	4661

Any vehicle used to transport or provide emergency medical	4662
service to an ill or injured person, when certified as a public	4663
safety vehicle, shall be considered a public safety vehicle when	4664
transporting an ill or injured person to a hospital regardless of	4665
whether such vehicle has already passed a hospital.	4666

(5) Vehicles used by the motor carrier enforcement unit for	4667
the enforcement of orders and rules of the public utilities	4668
commission as specified in section 5503.34 of the Revised Code.	4669

(F) "School bus" means every bus designed for carrying more	4670
than nine passengers that is owned by a public, private, or	4671
governmental agency or institution of learning and operated for	4672
the transportation of children to or from a school session or a	4673
school function, or owned by a private person and operated for	4674
compensation for the transportation of children to or from a	4675
school session or a school function, provided "school bus" does	4676
not include a bus operated by a municipally owned transportation	4677
system, a mass transit company operating exclusively within the	4678
territorial limits of a municipal corporation, or within such	4679
limits and the territorial limits of municipal corporations	4680
immediately contiguous to such municipal corporation, nor a common	4681
passenger carrier certified by the public utilities commission	4682
unless such bus is devoted exclusively to the transportation of	4683
children to and from a school session or a school function, and	4684
"school bus" does not include a van or bus used by a licensed	4685
child day-care center or type A family day-care home to transport	4686
children from the child day-care center or type A family day-care	4687
home to a school if the van or bus does not have more than fifteen	4688
children in the van or bus at any time.	4689

(G) "Bicycle" means every device, other than a ~~tricycle~~	4690
device that is designed solely for use as a play vehicle by a	4691
child, that is propelled solely by human power upon which ~~any~~a	4692
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	4693
~~or one wheel in the front and two wheels in the rear, or two~~	4694
~~wheels in the front and one wheel in the rear,~~ any of which is	4695
more than fourteen inches in diameter.	4696

(H) "Motorized bicycle" means any vehicle having either two	4697
tandem wheels or one wheel in the front and two wheels in the	4698
rear, that is capable of being pedaled and is equipped with a	4699
helper motor of not more than fifty cubic centimeters piston	4700
displacement that produces no more than one brake horsepower and	4701
is capable of propelling the vehicle at a speed of no greater than	4702
twenty miles per hour on a level surface.	4703

(I) "Commercial tractor" means every motor vehicle having	4704
motive power designed or used for drawing other vehicles and not	4705
so constructed as to carry any load thereon, or designed or used	4706
for drawing other vehicles while carrying a portion of such other	4707
vehicles, or load thereon, or both.	4708

(J) "Agricultural tractor" means every self-propelling	4709
vehicle designed or used for drawing other vehicles or wheeled	4710
machinery but having no provision for carrying loads independently	4711
of such other vehicles, and used principally for agricultural	4712
purposes.	4713

(K) "Truck" means every motor vehicle, except trailers and	4714
semitrailers, designed and used to carry property.	4715

(L) "Bus" means every motor vehicle designed for carrying	4716
more than nine passengers and used for the transportation of	4717
persons other than in a ridesharing arrangement, and every motor	4718
vehicle, automobile for hire, or funeral car, other than a taxicab	4719
or motor vehicle used in a ridesharing arrangement, designed and	4720
used for the transportation of persons for compensation.	4721

(M) "Trailer" means every vehicle designed or used for	4722
carrying persons or property wholly on its own structure and for	4723
being drawn by a motor vehicle, including any such vehicle when	4724
formed by or operated as a combination of a "semitrailer" and a	4725
vehicle of the dolly type, such as that commonly known as a	4726
"trailer dolly," a vehicle used to transport agricultural produce	4727
or agricultural production materials between a local place of	4728
storage or supply and the farm when drawn or towed on a street or	4729
highway at a speed greater than twenty-five miles per hour, and a	4730
vehicle designed and used exclusively to transport a boat between	4731
a place of storage and a marina, or in and around a marina, when	4732
drawn or towed on a street or highway for a distance of more than	4733
ten miles or at a speed of more than twenty-five miles per hour.	4734

(N) "Semitrailer" means every vehicle designed or used for	4735
carrying persons or property with another and separate motor	4736
vehicle so that in operation a part of its own weight or that of	4737
its load, or both, rests upon and is carried by another vehicle.	4738

(O) "Pole trailer" means every trailer or semitrailer	4739
attached to the towing vehicle by means of a reach, pole, or by	4740
being boomed or otherwise secured to the towing vehicle, and	4741
ordinarily used for transporting long or irregular shaped loads	4742
such as poles, pipes, or structural members capable, generally, of	4743
sustaining themselves as beams between the supporting connections.	4744

(P) "Railroad" means a carrier of persons or property	4745
operating upon rails placed principally on a private right-of-way.	4746

(Q) "Railroad train" means a steam engine or an electric or	4747
other motor, with or without cars coupled thereto, operated by a	4748
railroad.	4749

(R) "Streetcar" means a car, other than a railroad train, for	4750
transporting persons or property, operated upon rails principally	4751
within a street or highway.	4752

(S) "Trackless trolley" means every car that collects its	4753
power from overhead electric trolley wires and that is not	4754
operated upon rails or tracks.	4755

(T) "Explosives" means any chemical compound or mechanical	4756
mixture that is intended for the purpose of producing an explosion	4757
that contains any oxidizing and combustible units or other	4758
ingredients in such proportions, quantities, or packing that an	4759
ignition by fire, by friction, by concussion, by percussion, or by	4760
a detonator of any part of the compound or mixture may cause such	4761
a sudden generation of highly heated gases that the resultant	4762
gaseous pressures are capable of producing destructive effects on	4763
contiguous objects, or of destroying life or limb. Manufactured	4764
articles shall not be held to be explosives when the individual	4765
units contain explosives in such limited quantities, of such	4766
nature, or in such packing, that it is impossible to procure a	4767
simultaneous or a destructive explosion of such units, to the	4768
injury of life, limb, or property by fire, by friction, by	4769
concussion, by percussion, or by a detonator, such as fixed	4770
ammunition for small arms, firecrackers, or safety fuse matches.	4771

(U) "Flammable liquid" means any liquid that has a flash	4772
point of seventy degrees fahrenheit, or less, as determined by a	4773
tagliabue or equivalent closed cup test device.	4774

(V) "Gross weight" means the weight of a vehicle plus the	4775
weight of any load thereon.	4776

(W) "Person" means every natural person, firm,	4777
co-partnership, association, or corporation.	4778

(X) "Pedestrian" means any natural person afoot.

4779

(Y) "Driver or operator" means every person who drives or is	4780
in actual physical control of a vehicle, trackless trolley, or	4781
streetcar.	4782

(Z) "Police officer" means every officer authorized to direct	4783
or regulate traffic, or to make arrests for violations of traffic	4784
regulations.	4785

(AA) "Local authorities" means every county, municipal, and	4786
other local board or body having authority to adopt police	4787
regulations under the constitution and laws of this state.	4788

(BB) "Street" or "highway" means the entire width between the	4789
boundary lines of every way open to the use of the public as a	4790
thoroughfare for purposes of vehicular travel.	4791

(CC) "Controlled-access highway" means every street or	4792
highway in respect to which owners or occupants of abutting lands	4793
and other persons have no legal right of access to or from the	4794
same except at such points only and in such manner as may be	4795
determined by the public authority having jurisdiction over such	4796
street or highway.	4797

(DD) "Private road or driveway" means every way or place in	4798
private ownership used for vehicular travel by the owner and those	4799
having express or implied permission from the owner but not by	4800
other persons.	4801

(EE) "Roadway" means that portion of a highway improved,	4802
designed, or ordinarily used for vehicular travel, except the berm	4803
or shoulder. If a highway includes two or more separate roadways	4804
the term "roadway" means any such roadway separately but not all	4805
such roadways collectively.	4806

(FF) "Sidewalk" means that portion of a street between the	4807
curb lines, or the lateral lines of a roadway, and the adjacent	4808
property lines, intended for the use of pedestrians.	4809

(GG) "Laned highway" means a highway the roadway of which is	4810
divided into two or more clearly marked lanes for vehicular	4811
traffic.	4812

(HH) "Through highway" means every street or highway as	4813
provided in section 4511.65 of the Revised Code.	4814

(II) "State highway" means a highway under the jurisdiction	4815
of the department of transportation, outside the limits of	4816
municipal corporations, provided that the authority conferred upon	4817
the director of transportation in section 5511.01 of the Revised	4818
Code to erect state highway route markers and signs directing	4819
traffic shall not be modified by sections 4511.01 to 4511.79 and	4820
4511.99 of the Revised Code.	4821

(JJ) "State route" means every highway that is designated	4822
with an official state route number and so marked.	4823

(KK) "Intersection" means:

4824

(1) The area embraced within the prolongation or connection	4825
of the lateral curb lines, or, if none, the lateral boundary lines	4826
of the roadways of two highways that join one another at, or	4827
approximately at, right angles, or the area within which vehicles	4828
traveling upon different highways that join at any other angle	4829
might come into conflict. The junction of an alley or driveway	4830
with a roadway or highway does not constitute an intersection	4831
unless the roadway or highway at the junction is controlled by a	4832
traffic control device.	4833

(2) If a highway includes two roadways that are thirty feet	4834
or more apart, then every crossing of each roadway of such divided	4835
highway by an intersecting highway constitutes a separate	4836
intersection. If both intersecting highways include two roadways	4837
thirty feet or more apart, then every crossing of any two roadways	4838
of such highways constitutes a separate intersection.	4839

(3) At a location controlled by a traffic control signal,	4840
regardless of the distance between the separate intersections as	4841
described in division (KK)(2) of this section:	4842

(a) If a stop line, yield line, or crosswalk has not been	4843
designated on the roadway within the median between the separate	4844
intersections, the two intersections and the roadway and median	4845
constitute one intersection.	4846

(b) Where a stop line, yield line, or crosswalk line is	4847
designated on the roadway on the intersection approach, the area	4848
within the crosswalk and any area beyond the designated stop line	4849
or yield line constitute part of the intersection.	4850

(c) Where a crosswalk is designated on a roadway on the	4851
departure from the intersection, the intersection includes the	4852
area that extends to the far side of the crosswalk.	4853

(LL) "Crosswalk" means:

4854

(1) That part of a roadway at intersections ordinarily	4855
included within the real or projected prolongation of property	4856
lines and curb lines or, in the absence of curbs, the edges of the	4857
traversable roadway;	4858

(2) Any portion of a roadway at an intersection or elsewhere,	4859
distinctly indicated for pedestrian crossing by lines or other	4860
markings on the surface;	4861

(3) Notwithstanding divisions (LL)(1) and (2) of this	4862
section, there shall not be a crosswalk where local authorities	4863
have placed signs indicating no crossing.	4864

(MM) "Safety zone" means the area or space officially set	4865
apart within a roadway for the exclusive use of pedestrians and	4866
protected or marked or indicated by adequate signs as to be	4867
plainly visible at all times.	4868

(NN) "Business district" means the territory fronting upon a	4869
street or highway, including the street or highway, between	4870
successive intersections within municipal corporations where fifty	4871
per cent or more of the frontage between such successive	4872
intersections is occupied by buildings in use for business, or	4873
within or outside municipal corporations where fifty per cent or	4874
more of the frontage for a distance of three hundred feet or more	4875
is occupied by buildings in use for business, and the character of	4876
such territory is indicated by official traffic control devices.	4877

(OO) "Residence district" means the territory, not comprising	4878
a business district, fronting on a street or highway, including	4879
the street or highway, where, for a distance of three hundred feet	4880
or more, the frontage is improved with residences or residences	4881
and buildings in use for business.	4882

(PP) "Urban district" means the territory contiguous to and	4883
including any street or highway which is built up with structures	4884
devoted to business, industry, or dwelling houses situated at	4885
intervals of less than one hundred feet for a distance of a	4886
quarter of a mile or more, and the character of such territory is	4887
indicated by official traffic control devices.	4888

(QQ) "Traffic control device" means a flagger, sign, signal,	4889
marking, or other device used to regulate, warn, or guide traffic,	4890
placed on, over, or adjacent to a street, highway, private road	4891
open to public travel, pedestrian facility, or shared-use path by	4892
authority of a public agency or official having jurisdiction, or,	4893
in the case of a private road open to public travel, by authority	4894
of the private owner or private official having jurisdiction.	4895

(RR) "Traffic control signal" means any highway traffic	4896
signal by which traffic is alternately directed to stop and	4897
permitted to proceed.	4898

(SS) "Railroad sign or signal" means any sign, signal, or	4899
device erected by authority of a public body or official or by a	4900
railroad and intended to give notice of the presence of railroad	4901
tracks or the approach of a railroad train.	4902

(TT) "Traffic" means pedestrians, ridden or herded animals,	4903
vehicles, streetcars, trackless trolleys, and other devices,	4904
either singly or together, while using for purposes of travel any	4905
highway or private road open to public travel.	4906

(UU) "Right-of-way" means either of the following, as the	4907
context requires:	4908

(1) The right of a vehicle, streetcar, trackless trolley, or	4909
pedestrian to proceed uninterruptedly in a lawful manner in the	4910
direction in which it or the individual is moving in preference to	4911
another vehicle, streetcar, trackless trolley, or pedestrian	4912
approaching from a different direction into its or the	4913
individual's path;	4914

(2) A general term denoting land, property, or the interest	4915
therein, usually in the configuration of a strip, acquired for or	4916
devoted to transportation purposes. When used in this context,	4917
right-of-way includes the roadway, shoulders or berm, ditch, and	4918
slopes extending to the right-of-way limits under the control of	4919
the state or local authority.	4920

(VV) "Rural mail delivery vehicle" means every vehicle used	4921
to deliver United States mail on a rural mail delivery route.	4922

(WW) "Funeral escort vehicle" means any motor vehicle,	4923
including a funeral hearse, while used to facilitate the movement	4924
of a funeral procession.	4925

(XX) "Alley" means a street or highway intended to provide	4926
access to the rear or side of lots or buildings in urban districts	4927
and not intended for the purpose of through vehicular traffic, and	4928
includes any street or highway that has been declared an "alley"	4929
by the legislative authority of the municipal corporation in which	4930
such street or highway is located.	4931

(YY) "Freeway" means a divided multi-lane highway for through	4932
traffic with all crossroads separated in grade and with full	4933
control of access.	4934

(ZZ) "Expressway" means a divided arterial highway for	4935
through traffic with full or partial control of access with an	4936
excess of fifty per cent of all crossroads separated in grade.	4937

(AAA) "Thruway" means a through highway whose entire roadway	4938
is reserved for through traffic and on which roadway parking is	4939
prohibited.	4940

(BBB) "Stop intersection" means any intersection at one or	4941
more entrances of which stop signs are erected.	4942

(CCC) "Arterial street" means any United States or state	4943
numbered route, controlled access highway, or other major radial	4944
or circumferential street or highway designated by local	4945
authorities within their respective jurisdictions as part of a	4946
major arterial system of streets or highways.	4947

(DDD) "Ridesharing arrangement" means the transportation of	4948
persons in a motor vehicle where such transportation is incidental	4949
to another purpose of a volunteer driver and includes ridesharing	4950
arrangements known as carpools, vanpools, and buspools.	4951

(EEE) "Motorized wheelchair" means any self-propelled vehicle	4952
designed for, and used by, a handicapped person and that is	4953
incapable of a speed in excess of eight miles per hour.	4954

(FFF) "Child day-care center" and "type A family day-care	4955
home" have the same meanings as in section 5104.01 of the Revised	4956
Code.	4957

(GGG) "Multi-wheel agricultural tractor" means a type of	4958
agricultural tractor that has two or more wheels or tires on each	4959
side of one axle at the rear of the tractor, is designed or used	4960
for drawing other vehicles or wheeled machinery, has no provision	4961
for carrying loads independently of the drawn vehicles or	4962
machinery, and is used principally for agricultural purposes.	4963

(HHH) "Operate" means to cause or have caused movement of a	4964
vehicle, streetcar, or trackless trolley.	4965

(III) "Predicate motor vehicle or traffic offense" means any	4966
of the following:	4967

(1) A violation of section 4511.03, 4511.051, 4511.12,	4968
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	4969
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	4970
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	4971
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	4972
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	4973
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	4974
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	4975
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	4976
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	4977
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	4978

(2) A violation of division (A)(2) of section 4511.17,	4979
divisions (A) to (D) of section 4511.51, or division (A) of	4980
section 4511.74 of the Revised Code;	4981

(3) A violation of any provision of sections 4511.01 to	4982
4511.76 of the Revised Code for which no penalty otherwise is	4983
provided in the section that contains the provision violated;	4984

(4) A violation of a municipal ordinance that is	4985
substantially similar to any section or provision set forth or	4986
described in division (III)(1), (2), or (3) of this section.	4987

(JJJ) "Road service vehicle" means wreckers, utility repair	4988
vehicles, and state, county, and municipal service vehicles	4989
equipped with visual signals by means of flashing, rotating, or	4990
oscillating lights.	4991

(KKK) "Beacon" means a highway traffic signal with one or	4992
more signal sections that operate in a flashing mode.	4993

(LLL) "Hybrid beacon" means a type of beacon that is	4994
intentionally placed in a dark mode between periods of operation	4995
where no indications are displayed and, when in operation,	4996
displays both steady and flashing traffic control signal	4997
indications.	4998

(MMM) "Highway traffic signal" means a power-operated traffic	4999
control device by which traffic is warned or directed to take some	5000
specific action. "Highway traffic signal" does not include a	5001
power-operated sign, steadily illuminated pavement marker, warning	5002
light, or steady burning electric lamp.	5003

(NNN) "Median" means the area between two roadways of a	5004
divided highway, measured from edge of traveled way to edge of	5005
traveled way, but excluding turn lanes. The width of a median may	5006
be different between intersections, between interchanges, and at	5007
opposite approaches of the same intersection.	5008

(OOO) "Private road open to public travel" means a private	5009
toll road or road, including any adjacent sidewalks that generally	5010
run parallel to the road, within a shopping center, airport,	5011
sports arena, or other similar business or recreation facility	5012
that is privately owned but where the public is allowed to travel	5013
without access restrictions. "Private road open to public travel"	5014
includes a gated toll road but does not include a road within a	5015
private gated property where access is restricted at all times, a	5016
parking area, a driving aisle within a parking area, or a private	5017
grade crossing.	5018

(PPP) "Shared-use path" means a bikeway outside the traveled	5019
way and physically separated from motorized vehicular traffic by	5020
an open space or barrier and either within the highway	5021
right-of-way or within an independent alignment. A shared-use path	5022
also may be used by pedestrians, including skaters, joggers, users	5023
of manual and motorized wheelchairs, and other authorized	5024
motorized and non-motorized users.	5025

Sec. 4511.13. Highway traffic signal indications for	5026
vehicles and pedestrians shall have the following meanings:	5027

(A) Steady green signal indication:

5028

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5029
facing a circular green signal indication are permitted to proceed	5030
straight through or turn right or left or make a u-turn movement	5031
except as such movement is modified by a lane-use sign, turn	5032
prohibition sign, lane marking, roadway design, separate turn	5033
signal indication, or other traffic control device. Such vehicular	5034
traffic, including vehicles turning right or left or making a	5035
u-turn movement, shall yield the right-of-way to both of the	5036
following:	5037

(i) Pedestrians lawfully within an associated crosswalk;

5038

(ii) Other vehicles lawfully within the intersection.

5039

(b) In addition, vehicular traffic turning left or making a	5040
u-turn movement to the left shall yield the right-of-way to other	5041
vehicles approaching from the opposite direction so closely as to	5042
constitute an immediate hazard during the time when such turning	5043
vehicle is moving across or within the intersection.	5044

(2) Vehicular traffic, streetcars, and trackless trolleys	5045
facing a green arrow signal indication, displayed alone or in	5046
combination with another signal indication, are permitted to	5047
cautiously enter the intersection only to make the movement	5048
indicated by such arrow, or such other movement as is permitted by	5049
other indications displayed at the same time. Such vehicular	5050
traffic, streetcars, and trackless trolleys, including vehicles	5051
turning right or left or making a u-turn movement, shall yield the	5052
right-of-way to both of the following:	5053

(a) Pedestrians lawfully within an associated crosswalk;

5054

(b) Other traffic lawfully using the intersection.

5055

(3)(a) Unless otherwise directed by a pedestrian signal	5056
indication, as provided in section 4511.14 of the Revised Code,	5057
pedestrians facing a circular green signal indication are	5058
permitted to proceed across the roadway within any marked or	5059
unmarked associated crosswalk. The pedestrian shall yield the	5060
right-of-way to vehicles lawfully within the intersection or so	5061
close as to create an immediate hazard at the time that the green	5062
signal indication is first displayed.	5063

(b) Pedestrians facing a green arrow signal indication,	5064
unless otherwise directed by a pedestrian signal indication or	5065
other traffic control device, shall not cross the roadway.	5066

(B) Steady yellow signal indication:

5067

(1) Vehicular traffic, streetcars, and trackless trolleys	5068
facing a steady circular yellow signal indication are thereby	5069
warned that the related green movement or the related flashing	5070
arrow movement is being terminated or that a steady red signal	5071
indication will be exhibited immediately thereafter when vehicular	5072
traffic, streetcars, and trackless trolleys shall not enter the	5073
intersection. The provisions governing vehicular operation under	5074
the movement being terminated shall continue to apply while the	5075
steady circular yellow signal indication is displayed.	5076

(2) Vehicular traffic facing a steady yellow arrow signal	5077
indication is thereby warned that the related green arrow movement	5078
or the related flashing arrow movement is being terminated. The	5079
provisions governing vehicular operation under the movement being	5080
terminated shall continue to apply while the steady yellow arrow	5081
signal indication is displayed.	5082

(3) Pedestrians facing a steady circular yellow or yellow	5083
arrow signal indication, unless otherwise directed by a pedestrian	5084
signal indication as provided in section 4511.14 of the Revised	5085
Code or other traffic control device, shall not start to cross the	5086
roadway.	5087

5088

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5089
facing a steady circular red signal indication, unless entering	5090
the intersection to make another movement permitted by another	5091
signal indication, shall stop at a clearly marked stop line; but	5092
if there is no stop line, traffic shall stop before entering the	5093
crosswalk on the near side of the intersection; or if there is no	5094
crosswalk, then before entering the intersection; and shall remain	5095
stopped until a signal indication to proceed is displayed except	5096
as provided in divisions (C)(1), (2), and (3) of this section.	5097

(b) Except when a traffic control device is in place	5098
prohibiting a turn on red or a steady red arrow signal indication	5099
is displayed, vehicular traffic facing a steady circular red	5100
signal indication is permitted, after stopping, to enter the	5101
intersection to turn right, or to turn left from a one-way street,	5102
~~after stopping~~into a one-way street. The right to proceed with	5103
the turn shall be subject to the provisions that are applicable	5104
after making a stop at a stop sign.	5105

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	5106
facing a steady red arrow signal indication shall not enter the	5107
intersection to make the movement indicated by the arrow and,	5108
unless entering the intersection to make another movement	5109
permitted by another signal indication, shall stop at a clearly	5110
marked stop line; but if there is no stop line, before entering	5111
the crosswalk on the near side of the intersection; or if there is	5112
no crosswalk, then before entering the intersection; and shall	5113
remain stopped until a signal indication or other traffic control	5114
device permitting the movement indicated by such red arrow is	5115
displayed.	5116

(b) When a traffic control device is in place permitting a	5117
turn on a steady red arrow signal indication, vehicular traffic	5118
facing a steady red arrow indication is permitted, after stopping,	5119
to enter the intersection to ~~make the movement indicated by the~~	5120
~~arrow signal indication, after stopping~~turn right, or to turn	5121
left from a one-way street into a one-way street. The right to	5122
proceed with the turn shall be limited to the direction indicated	5123
by the arrow and shall be subject to the provisions that are	5124
applicable after making a stop at a stop sign.	5125

(3) Unless otherwise directed by a pedestrian signal	5126
indication as provided in section 4511.14 of the Revised Code or	5127
other traffic control device, pedestrians facing a steady circular	5128
red or steady red arrow signal indication shall not enter the	5129
roadway.	5130

(4) Local authorities by ordinance, or the director of	5131
transportation on state highways, may prohibit a right or a left	5132
turn against a steady red signal at any intersection, which shall	5133
be effective when signs giving notice thereof are posted at the	5134
intersection.	5135

(D) A flashing green signal indication has no meaning and	5136
shall not be used.	5137

(E) Flashing yellow signal indication:

5138

(1)(a) Vehicular traffic, on an approach to an intersection,	5139
facing a flashing circular yellow signal indication, is permitted	5140
to cautiously enter the intersection to proceed straight through	5141
or turn right or left or make a u-turn movement except as such	5142
movement is modified by lane-use signs, turn prohibition signs,	5143
lane markings, roadway design, separate turn signal indications,	5144
or other traffic control devices. Such vehicular traffic,	5145
including vehicles turning right or left or making a u-turn	5146
movement, shall yield the right-of-way to both of the following:	5147

(i) Pedestrians lawfully within an associated crosswalk;

5148

(ii) Other vehicles lawfully within the intersection.

5149

(b) In addition, vehicular traffic turning left or making a	5150
u-turn to the left shall yield the right-of-way to other vehicles	5151
approaching from the opposite direction so closely as to	5152
constitute an immediate hazard during the time when such turning	5153
vehicle is moving across or within the intersection.	5154

(2)(a) Vehicular traffic, on an approach to an intersection,	5155
facing a flashing yellow arrow signal indication, displayed alone	5156
or in combination with another signal indication, is permitted to	5157
cautiously enter the intersection only to make the movement	5158
indicated by such arrow, or other such movement as is permitted by	5159
other signal indications displayed at the same time. Such	5160
vehicular traffic, including vehicles turning right or left or	5161
making a u-turn, shall yield the right-of-way to both of the	5162
following:	5163

(i) Pedestrians lawfully within an associated crosswalk;

5164

(ii) Other vehicles lawfully within the intersection.

5165

(b) In addition, vehicular traffic turning left or making a	5166
u-turn to the left shall yield the right-of-way to other vehicles	5167
approaching from the opposite direction so closely as to	5168
constitute an immediate hazard during the time when such turning	5169
vehicle is moving across or within the intersection.	5170

(3) Pedestrians facing any flashing yellow signal indication	5171
at an intersection, unless otherwise directed by a pedestrian	5172
signal indication or other traffic control device, are permitted	5173
to proceed across the roadway within any marked or unmarked	5174
associated crosswalk. Pedestrians shall yield the right-of-way to	5175
vehicles lawfully within the intersection at the time that the	5176
flashing yellow signal indication is first displayed.	5177

(4) When a flashing circular yellow signal indication is	5178
displayed as a beacon to supplement another traffic control	5179
device, road users are notified that there is a need to pay	5180
additional attention to the message contained thereon or that the	5181
regulatory or warning requirements of the other traffic control	5182
device, which might not be applicable at all times, are currently	5183
applicable.	5184

(F) Flashing red signal indication:

5185

(1) Vehicular traffic, on an approach to an intersection,	5186
facing a flashing circular red signal indication, shall stop at a	5187
clearly marked stop line; but if there is no stop line, before	5188
entering the crosswalk on the near side of the intersection; or if	5189
there is no crosswalk, at the point nearest the intersecting	5190
roadway where the driver has a view of approaching traffic on the	5191
intersecting roadway before entering the intersection. The right	5192
to proceed shall be subject to the provisions that are applicable	5193
after making a stop at a stop sign.	5194

(2) Pedestrians facing any flashing red signal indication at	5195
an intersection, unless otherwise directed by a pedestrian signal	5196
indication or other traffic control device, are permitted to	5197
proceed across the roadway within any marked or unmarked	5198
associated crosswalk. Pedestrians shall yield the right-of-way to	5199
vehicles lawfully within the intersection at the time that the	5200
flashing red signal indication is first displayed.	5201

(3) When a flashing circular red signal indication is	5202
displayed as a beacon to supplement another traffic control	5203
device, road users are notified that there is a need to pay	5204
additional attention to the message contained thereon or that the	5205
regulatory requirements of the other traffic control device, which	5206
might not be applicable at all times, are currently applicable.	5207
Use of this signal indication shall be limited to supplementing	5208
stop, do not enter, or wrong way signs, and to applications where	5209
compliance with the supplemented traffic control device requires a	5210
stop at a designated point.	5211

(G) In the event an official traffic-control signal is	5212
erected and maintained at a place other than an intersection, the	5213
provisions of this section shall be applicable except as to those	5214
provisions which by their nature can have no application. Any stop	5215
required shall be made at a sign or marking on the pavement	5216
indicating where the stop shall be made, but in the absence of any	5217
such sign or marking the stop shall be made at the signal.	5218

(H) This section does not apply at railroad grade crossings.	5219
Conduct of drivers of vehicles, trackless trolleys, and streetcars	5220
approaching railroad grade crossings shall be governed by sections	5221
4511.61 and 4511.62 of the Revised Code.	5222

Sec. 4511.21. (A) No person shall operate a motor vehicle,	5223
trackless trolley, or streetcar at a speed greater or less than is	5224
reasonable or proper, having due regard to the traffic, surface,	5225
and width of the street or highway and any other conditions, and	5226
no person shall drive any motor vehicle, trackless trolley, or	5227
streetcar in and upon any street or highway at a greater speed	5228
than will permit the person to bring it to a stop within the	5229
assured clear distance ahead.	5230

(B) It is prima-facie lawful, in the absence of a lower limit	5231
declared or established pursuant to this section by the director	5232
of transportation or local authorities, for the operator of a	5233
motor vehicle, trackless trolley, or streetcar to operate the same	5234
at a speed not exceeding the following:	5235

(1)(a) Twenty miles per hour in school zones during school	5236
recess and while children are going to or leaving school during	5237
the opening or closing hours, and when twenty miles per hour	5238
school speed limit signs are erected; except that, on	5239
controlled-access highways and expressways, if the right-of-way	5240
line fence has been erected without pedestrian opening, the speed	5241
shall be governed by division (B)(4) of this section and on	5242
freeways, if the right-of-way line fence has been erected without	5243
pedestrian opening, the speed shall be governed by divisions	5244
(B)(9) and (10) of this section. The end of every school zone may	5245
be marked by a sign indicating the end of the zone. Nothing in	5246
this section or in the manual and specifications for a uniform	5247
system of traffic control devices shall be construed to require	5248
school zones to be indicated by signs equipped with flashing or	5249
other lights, or giving other special notice of the hours in which	5250
the school zone speed limit is in effect.	5251

(b) As used in this section and in section 4511.212 of the	5252
Revised Code, "school" means any school chartered under section	5253
3301.16 of the Revised Code and any nonchartered school that	5254
during the preceding year filed with the department of education	5255
in compliance with rule 3301-35-08 of the Ohio Administrative	5256
Code, a copy of the school's report for the parents of the	5257
school's pupils certifying that the school meets Ohio minimum	5258
standards for nonchartered, nontax-supported schools and presents	5259
evidence of this filing to the jurisdiction from which it is	5260
requesting the establishment of a school zone. "School" also	5261
includes a special elementary school that in writing requests the	5262
county engineer of the county in which the special elementary	5263
school is located to create a school zone at the location of that	5264
school. Upon receipt of such a written request, the county	5265
engineer shall create a school zone at that location by erecting	5266
the appropriate signs.	5267

(c) As used in this section, "school zone" means that portion	5268
of a street or highway passing a school fronting upon the street	5269
or highway that is encompassed by projecting the school property	5270
lines to the fronting street or highway, and also includes that	5271
portion of a state highway. Upon request from local authorities	5272
for streets and highways under their jurisdiction and that portion	5273
of a state highway under the jurisdiction of the director of	5274
transportation or a request from a county engineer in the case of	5275
a school zone for a special elementary school, the director may	5276
extend the traditional school zone boundaries. The distances in	5277
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	5278
exceed three hundred feet per approach per direction and are	5279
bounded by whichever of the following distances or combinations	5280
thereof the director approves as most appropriate:	5281

(i) The distance encompassed by projecting the school	5282
building lines normal to the fronting highway and extending a	5283
distance of three hundred feet on each approach direction;	5284

(ii) The distance encompassed by projecting the school	5285
property lines intersecting the fronting highway and extending a	5286
distance of three hundred feet on each approach direction;	5287

(iii) The distance encompassed by the special marking of the	5288
pavement for a principal school pupil crosswalk plus a distance of	5289
three hundred feet on each approach direction of the highway.	5290

Nothing in this section shall be construed to invalidate the	5291
director's initial action on August 9, 1976, establishing all	5292
school zones at the traditional school zone boundaries defined by	5293
projecting school property lines, except when those boundaries are	5294
extended as provided in divisions (B)(1)(a) and (c) of this	5295
section.	5296

(d) As used in this division, "crosswalk" has the meaning	5297
given that term in division (LL)(2) of section 4511.01 of the	5298
Revised Code.	5299

The director may, upon request by resolution of the	5300
legislative authority of a municipal corporation, the board of	5301
trustees of a township, or a county board of developmental	5302
disabilities created pursuant to Chapter 5126. of the Revised	5303
Code, and upon submission by the municipal corporation, township,	5304
or county board of such engineering, traffic, and other	5305
information as the director considers necessary, designate a	5306
school zone on any portion of a state route lying within the	5307
municipal corporation, lying within the unincorporated territory	5308
of the township, or lying adjacent to the property of a school	5309
that is operated by such county board, that includes a crosswalk	5310
customarily used by children going to or leaving a school during	5311
recess and opening and closing hours, whenever the distance, as	5312
measured in a straight line, from the school property line nearest	5313
the crosswalk to the nearest point of the crosswalk is no more	5314
than one thousand three hundred twenty feet. Such a school zone	5315
shall include the distance encompassed by the crosswalk and	5316
extending three hundred feet on each approach direction of the	5317
state route.	5318

(e) As used in this section, "special elementary school"	5319
means a school that meets all of the following criteria:	5320

(i) It is not chartered and does not receive tax revenue from	5321
any source.	5322

(ii) It does not educate children beyond the eighth grade.

5323

(iii) It is located outside the limits of a municipal	5324
corporation.	5325

(iv) A majority of the total number of students enrolled at	5326
the school are not related by blood.	5327

(v) The principal or other person in charge of the special	5328
elementary school annually sends a report to the superintendent of	5329
the school district in which the special elementary school is	5330
located indicating the total number of students enrolled at the	5331
school, but otherwise the principal or other person in charge does	5332
not report any other information or data to the superintendent.	5333

(2) Twenty-five miles per hour in all other portions of a	5334
municipal corporation, except on state routes outside business	5335
districts, through highways outside business districts, and	5336
alleys;	5337

(3) Thirty-five miles per hour on all state routes or through	5338
highways within municipal corporations outside business districts,	5339
except as provided in divisions (B)(4) and (6) of this section;	5340

(4) Fifty miles per hour on controlled-access highways and	5341
expressways within municipal corporations;	5342

(5) Fifty-five miles per hour on highways outside municipal	5343
corporations, other than highways within island jurisdictions as	5344
provided in division (B)(8) of this section and freeways as	5345
provided in divisions (B)(13) ~~and (14)~~, (15), and (16) of this	5346
section;	5347

(6) Fifty miles per hour on state routes within municipal	5348
corporations outside urban districts unless a lower prima-facie	5349
speed is established as further provided in this section;	5350

(7) Fifteen miles per hour on all alleys within the municipal	5351
corporation;	5352

(8) Thirty-five miles per hour on highways outside municipal	5353
corporations that are within an island jurisdiction;	5354

(9) Fifty-five miles per hour at all times on freeways with	5355
paved shoulders inside municipal corporations, other than freeways	5356
as provided in divisions (B)(13) ~~and (14)~~, (15), and (16) of this	5357
section;	5358

(10) Fifty-five miles per hour at all times on freeways	5359
outside municipal corporations, other than freeways as provided in	5360
divisions (B)(13) ~~and (14)~~, (15), and (16) of this section;	5361

(11) Fifty-five miles per hour at all times ~~on all portions~~	5362
~~of freeways that are part of the interstate system and~~ on all	5363
portions of freeways that are not part of the interstate system,	5364
but are built to the standards and specifications that are	5365
applicable to freeways that are part of the interstate system for	5366
operators of any motor vehicle weighing in excess of eight	5367
thousand pounds empty weight and any noncommercial bus~~, except as~~	5368
~~provided in division (B)(14) of this section~~;	5369

(12) Fifty-five miles per hour for operators of any motor	5370
vehicle weighing eight thousand pounds or less empty weight and	5371
any commercial bus at all times on all portions of freeways that	5372
~~are part of the interstate system and that had such a speed limit~~	5373
~~established prior to October 1, 1995, and freeways that~~ are not	5374
part of the interstate system, but are built to the standards and	5375
specifications that are applicable to freeways that are part of	5376
the interstate system and that had such a speed limit established	5377
prior to October 1, 1995, unless a higher speed limit is	5378
established under division (L) of this section;	5379

(13) Sixty-five miles per hour for operators of any motor	5380
vehicle weighing eight thousand pounds or less empty weight and	5381
any commercial bus at all times on all portions of the following:	5382

(a) Freeways ~~that are part of the interstate system and that~~	5383
~~had such a speed limit established prior to October 1, 1995, and~~	5384
~~freeways~~ that are not part of the interstate system, but are built	5385
to the standards and specifications that are applicable to	5386
freeways that are part of the interstate system and that had such	5387
a speed limit established prior to October 1, 1995;	5388

(b) Freeways ~~that are part of the interstate system and~~	5389
~~freeways~~ that are not part of the interstate system but are built	5390
to the standards and specifications that are applicable to	5391
freeways that are part of the interstate system, and that had such	5392
a speed limit established under division (L) of this section;	5393

(c) Rural, divided, multi-lane highways that are designated	5394
as part of the national highway system under the "National Highway	5395
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	5396
and that had such a speed limit established under division (M) of	5397
this section.	5398

(14) ~~Sixty-five~~Fifty-five miles per hour for operators of	5399
any motor vehicle at all times on all portions of freeways in	5400
congested areas as determined by the director and that are part of	5401
the interstate system and are located within a municipal	5402
corporation or within an interstate freeway outerbelt;	5403

(15) Sixty-five miles per hour for operators of any motor	5404
vehicle at all times on all portions of freeways in urban areas as	5405
determined by the director and that are part of the interstate	5406
system and are part of an interstate freeway outerbelt;	5407

(16) Seventy miles per hour at all times on all portions of	5408
freeways that are part of the interstate system and ~~that had such~~	5409
~~a speed limit on the effective date of this amendment~~are outside	5410
urbanized areas, as designated in accordance with 23 U.S.C. 101,	5411
for operators of ~~any~~all motor ~~vehicle weighing in excess of eight~~	5412
~~thousand pounds empty weight and any noncommercial bus~~vehicles.	5413

(C) It is prima-facie unlawful for any person to exceed any	5414
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	5415
(6), (7), and (8) of this section, or any declared or established	5416
pursuant to this section by the director or local authorities and	5417
it is unlawful for any person to exceed any of the speed	5418
limitations in division (D) of this section. No person shall be	5419
convicted of more than one violation of this section for the same	5420
conduct, although violations of more than one provision of this	5421
section may be charged in the alternative in a single affidavit.	5422

(D) No person shall operate a motor vehicle, trackless	5423
trolley, or streetcar upon a street or highway as follows:	5424

(1) At a speed exceeding fifty-five miles per hour, except	5425
upon a freeway as provided in divisions (B)(13) ~~and (14)~~, (15),	5426
and (16) of this section;	5427

(2) At a speed exceeding sixty-five miles per hour upon a	5428
freeway as provided in division (B)(15) of this section;	5429

(3) At a speed exceeding ~~sixty-five~~seventy miles per hour	5430
upon a freeway as provided in ~~divisions~~division (B)~~(13) and~~	5431
~~(14)~~(16) of this section;	5432

~~(3)~~(4) If a motor vehicle weighing in excess of eight	5433
thousand pounds empty weight or a noncommercial bus as prescribed	5434
in division (B)(11) of this section, at a speed exceeding	5435
fifty-five miles per hour, except upon a freeway as provided in	5436
~~that division~~divisions (B)(15) and (16) of this section;	5437

~~(4)~~(5) At a speed exceeding the posted speed limit upon a	5438
freeway for which the director has determined and declared a speed	5439
limit of not more than sixty-five miles per hour pursuant to	5440
division (L)(2) or (M) of this section;	5441

~~(5)~~(6) At a speed exceeding sixty-five miles per hour upon a	5442
freeway for which such a speed limit has been established through	5443
the operation of division (L)(3) of this section;	5444

~~(6)~~(7) At a speed exceeding the posted speed limit upon a	5445
freeway for which the director has determined and declared a speed	5446
limit pursuant to division (I)(2) of this section.	5447

(E) In every charge of violation of this section the	5448
affidavit and warrant shall specify the time, place, and speed at	5449
which the defendant is alleged to have driven, and in charges made	5450
in reliance upon division (C) of this section also the speed which	5451
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	5452
declared or established pursuant to, this section declares is	5453
prima-facie lawful at the time and place of such alleged	5454
violation, except that in affidavits where a person is alleged to	5455
have driven at a greater speed than will permit the person to	5456
bring the vehicle to a stop within the assured clear distance	5457
ahead the affidavit and warrant need not specify the speed at	5458
which the defendant is alleged to have driven.	5459

(F) When a speed in excess of both a prima-facie limitation	5460
and a limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~ of	5461
this section is alleged, the defendant shall be charged in a	5462
single affidavit, alleging a single act, with a violation	5463
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	5464
(8) of this section, or of a limit declared or established	5465
pursuant to this section by the director or local authorities, and	5466
of the limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~	5467
of this section. If the court finds a violation of division	5468
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	5469
or established pursuant to, this section has occurred, it shall	5470
enter a judgment of conviction under such division and dismiss the	5471
charge under division (D)~~(1), (2), (3), (4), (5), or (6)~~ of this	5472
section. If it finds no violation of division (B)(1)(a), (2), (3),	5473
(4), (6), (7), or (8) of, or a limit declared or established	5474
pursuant to, this section, it shall then consider whether the	5475
evidence supports a conviction under division (D)~~(1), (2), (3),~~	5476
~~(4), (5), or (6)~~ of this section.	5477

(G) Points shall be assessed for violation of a limitation	5478
under division (D) of this section in accordance with section	5479
4510.036 of the Revised Code.	5480

(H) Whenever the director determines upon the basis of a	5481
geometric and traffic characteristic study that any speed limit	5482
set forth in divisions (B)(1)(a) to (D) of this section is greater	5483
or less than is reasonable or safe under the conditions found to	5484
exist at any portion of a street or highway under the jurisdiction	5485
of the director, the director shall determine and declare a	5486
reasonable and safe prima-facie speed limit, which shall be	5487
effective when appropriate signs giving notice of it are erected	5488
at the location.	5489

(I)(1) Except as provided in divisions (I)(2) and (K) of this	5490
section, whenever local authorities determine upon the basis of an	5491
engineering and traffic investigation that the speed permitted by	5492
divisions (B)(1)(a) to (D) of this section, on any part of a	5493
highway under their jurisdiction, is greater than is reasonable	5494
and safe under the conditions found to exist at such location, the	5495
local authorities may by resolution request the director to	5496
determine and declare a reasonable and safe prima-facie speed	5497
limit. Upon receipt of such request the director may determine and	5498
declare a reasonable and safe prima-facie speed limit at such	5499
location, and if the director does so, then such declared speed	5500
limit shall become effective only when appropriate signs giving	5501
notice thereof are erected at such location by the local	5502
authorities. The director may withdraw the declaration of a	5503
prima-facie speed limit whenever in the director's opinion the	5504
altered prima-facie speed becomes unreasonable. Upon such	5505
withdrawal, the declared prima-facie speed shall become	5506
ineffective and the signs relating thereto shall be immediately	5507
removed by the local authorities.	5508

(2) A local authority may determine on the basis of a	5509
geometric and traffic characteristic study that the speed limit of	5510
sixty-five miles per hour on a portion of a freeway under its	5511
jurisdiction that was established through the operation of	5512
division (L)(3) of this section is greater than is reasonable or	5513
safe under the conditions found to exist at that portion of the	5514
freeway. If the local authority makes such a determination, the	5515
local authority by resolution may request the director to	5516
determine and declare a reasonable and safe speed limit of not	5517
less than fifty-five miles per hour for that portion of the	5518
freeway. If the director takes such action, the declared speed	5519
limit becomes effective only when appropriate signs giving notice	5520
of it are erected at such location by the local authority.	5521

(J) Local authorities in their respective jurisdictions may	5522
authorize by ordinance higher prima-facie speeds than those stated	5523
in this section upon through highways, or upon highways or	5524
portions thereof where there are no intersections, or between	5525
widely spaced intersections, provided signs are erected giving	5526
notice of the authorized speed, but local authorities shall not	5527
modify or alter the basic rule set forth in division (A) of this	5528
section or in any event authorize by ordinance a speed in excess	5529
of fifty miles per hour.	5530

Alteration of prima-facie limits on state routes by local	5531
authorities shall not be effective until the alteration has been	5532
approved by the director. The director may withdraw approval of	5533
any altered prima-facie speed limits whenever in the director's	5534
opinion any altered prima-facie speed becomes unreasonable, and	5535
upon such withdrawal, the altered prima-facie speed shall become	5536
ineffective and the signs relating thereto shall be immediately	5537
removed by the local authorities.	5538

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	5539
section, "unimproved highway" means a highway consisting of any of	5540
the following:	5541

(a) Unimproved earth;

5542

(b) Unimproved graded and drained earth;

5543

5544

(2) Except as otherwise provided in divisions (K)(4) and (5)	5545
of this section, whenever a board of township trustees determines	5546
upon the basis of an engineering and traffic investigation that	5547
the speed permitted by division (B)(5) of this section on any part	5548
of an unimproved highway under its jurisdiction and in the	5549
unincorporated territory of the township is greater than is	5550
reasonable or safe under the conditions found to exist at the	5551
location, the board may by resolution declare a reasonable and	5552
safe prima-facie speed limit of fifty-five but not less than	5553
twenty-five miles per hour. An altered speed limit adopted by a	5554
board of township trustees under this division becomes effective	5555
when appropriate traffic control devices, as prescribed in section	5556
4511.11 of the Revised Code, giving notice thereof are erected at	5557
the location, which shall be no sooner than sixty days after	5558
adoption of the resolution.	5559

(3)(a) Whenever, in the opinion of a board of township	5560
trustees, any altered prima-facie speed limit established by the	5561
board under this division becomes unreasonable, the board may	5562
adopt a resolution withdrawing the altered prima-facie speed	5563
limit. Upon the adoption of such a resolution, the altered	5564
prima-facie speed limit becomes ineffective and the traffic	5565
control devices relating thereto shall be immediately removed.	5566

(b) Whenever a highway ceases to be an unimproved highway and	5567
the board has adopted an altered prima-facie speed limit pursuant	5568
to division (K)(2) of this section, the board shall, by	5569
resolution, withdraw the altered prima-facie speed limit as soon	5570
as the highway ceases to be unimproved. Upon the adoption of such	5571
a resolution, the altered prima-facie speed limit becomes	5572
ineffective and the traffic control devices relating thereto shall	5573
be immediately removed.	5574

(4)(a) If the boundary of two townships rests on the	5575
centerline of an unimproved highway in unincorporated territory	5576
and both townships have jurisdiction over the highway, neither of	5577
the boards of township trustees of such townships may declare an	5578
altered prima-facie speed limit pursuant to division (K)(2) of	5579
this section on the part of the highway under their joint	5580
jurisdiction unless the boards of township trustees of both of the	5581
townships determine, upon the basis of an engineering and traffic	5582
investigation, that the speed permitted by division (B)(5) of this	5583
section is greater than is reasonable or safe under the conditions	5584
found to exist at the location and both boards agree upon a	5585
reasonable and safe prima-facie speed limit of less than	5586
fifty-five but not less than twenty-five miles per hour for that	5587
location. If both boards so agree, each shall follow the procedure	5588
specified in division (K)(2) of this section for altering the	5589
prima-facie speed limit on the highway. Except as otherwise	5590
provided in division (K)(4)(b) of this section, no speed limit	5591
altered pursuant to division (K)(4)(a) of this section may be	5592
withdrawn unless the boards of township trustees of both townships	5593
determine that the altered prima-facie speed limit previously	5594
adopted becomes unreasonable and each board adopts a resolution	5595
withdrawing the altered prima-facie speed limit pursuant to the	5596
procedure specified in division (K)(3)(a) of this section.	5597

(b) Whenever a highway described in division (K)(4)(a) of	5598
this section ceases to be an unimproved highway and two boards of	5599
township trustees have adopted an altered prima-facie speed limit	5600
pursuant to division (K)(4)(a) of this section, both boards shall,	5601
by resolution, withdraw the altered prima-facie speed limit as	5602
soon as the highway ceases to be unimproved. Upon the adoption of	5603
the resolution, the altered prima-facie speed limit becomes	5604
ineffective and the traffic control devices relating thereto shall	5605
be immediately removed.	5606

(5) As used in division (K)(5) of this section:

5607

(a) "Commercial subdivision" means any platted territory	5608
outside the limits of a municipal corporation and fronting a	5609
highway where, for a distance of three hundred feet or more, the	5610
frontage is improved with buildings in use for commercial	5611
purposes, or where the entire length of the highway is less than	5612
three hundred feet long and the frontage is improved with	5613
buildings in use for commercial purposes.	5614

(b) "Residential subdivision" means any platted territory	5615
outside the limits of a municipal corporation and fronting a	5616
highway, where, for a distance of three hundred feet or more, the	5617
frontage is improved with residences or residences and buildings	5618
in use for business, or where the entire length of the highway is	5619
less than three hundred feet long and the frontage is improved	5620
with residences or residences and buildings in use for business.	5621

Whenever a board of township trustees finds upon the basis of	5622
an engineering and traffic investigation that the prima-facie	5623
speed permitted by division (B)(5) of this section on any part of	5624
a highway under its jurisdiction that is located in a commercial	5625
or residential subdivision, except on highways or portions thereof	5626
at the entrances to which vehicular traffic from the majority of	5627
intersecting highways is required to yield the right-of-way to	5628
vehicles on such highways in obedience to stop or yield signs or	5629
traffic control signals, is greater than is reasonable and safe	5630
under the conditions found to exist at the location, the board may	5631
by resolution declare a reasonable and safe prima-facie speed	5632
limit of less than fifty-five but not less than twenty-five miles	5633
per hour at the location. An altered speed limit adopted by a	5634
board of township trustees under this division shall become	5635
effective when appropriate signs giving notice thereof are erected	5636
at the location by the township. Whenever, in the opinion of a	5637
board of township trustees, any altered prima-facie speed limit	5638
established by it under this division becomes unreasonable, it may	5639
adopt a resolution withdrawing the altered prima-facie speed, and	5640
upon such withdrawal, the altered prima-facie speed shall become	5641
ineffective, and the signs relating thereto shall be immediately	5642
removed by the township.	5643

(L)(1) Within one hundred twenty days of February 29, 1996,	5644
the director of transportation, based upon a geometric and traffic	5645
characteristic study of a freeway that is part of the interstate	5646
system or that is not part of the interstate system, but is built	5647
to the standards and specifications that are applicable to	5648
freeways that are part of the interstate system, in consultation	5649
with the director of public safety and, if applicable, the local	5650
authority having jurisdiction over a portion of such freeway, may	5651
determine and declare that the speed limit of less than sixty-five	5652
miles per hour established on such freeway or portion of freeway	5653
either is reasonable and safe or is less than that which is	5654
reasonable and safe.	5655

(2) If the established speed limit for such a freeway or	5656
portion of freeway is determined to be less than that which is	5657
reasonable and safe, the director of transportation, in	5658
consultation with the director of public safety and, if	5659
applicable, the local authority having jurisdiction over the	5660
portion of freeway, shall determine and declare a reasonable and	5661
safe speed limit of not more than sixty-five miles per hour for	5662
that freeway or portion of freeway.	5663

The director of transportation or local authority having	5664
jurisdiction over the freeway or portion of freeway shall erect	5665
appropriate signs giving notice of the speed limit at such	5666
location within one hundred fifty days of February 29, 1996. Such	5667
speed limit becomes effective only when such signs are erected at	5668
the location.	5669

(3) If, within one hundred twenty days of February 29, 1996,	5670
the director of transportation does not make a determination and	5671
declaration of a reasonable and safe speed limit for a freeway or	5672
portion of freeway that is part of the interstate system or that	5673
is not part of the interstate system, but is built to the	5674
standards and specifications that are applicable to freeways that	5675
are part of the interstate system and that has a speed limit of	5676
less than sixty-five miles per hour, the speed limit on that	5677
freeway or portion of a freeway shall be sixty-five miles per	5678
hour. The director of transportation or local authority having	5679
jurisdiction over the freeway or portion of the freeway shall	5680
erect appropriate signs giving notice of the speed limit of	5681
sixty-five miles per hour at such location within one hundred	5682
fifty days of February 29, 1996. Such speed limit becomes	5683
effective only when such signs are erected at the location. A	5684
speed limit established through the operation of division (L)(3)	5685
of this section is subject to reduction under division (I)(2) of	5686
this section.	5687

(M) Within three hundred sixty days after February 29, 1996,	5688
the director of transportation, based upon a geometric and traffic	5689
characteristic study of a rural, divided, multi-lane highway that	5690
has been designated as part of the national highway system under	5691
the "National Highway System Designation Act of 1995," 109 Stat.	5692
568, 23 U.S.C.A. 103, in consultation with the director of public	5693
safety and, if applicable, the local authority having jurisdiction	5694
over a portion of the highway, may determine and declare that the	5695
speed limit of less than sixty-five miles per hour established on	5696
the highway or portion of highway either is reasonable and safe or	5697
is less than that which is reasonable and safe.	5698

If the established speed limit for the highway or portion of	5699
highway is determined to be less than that which is reasonable and	5700
safe, the director of transportation, in consultation with the	5701
director of public safety and, if applicable, the local authority	5702
having jurisdiction over the portion of highway, shall determine	5703
and declare a reasonable and safe speed limit of not more than	5704
sixty-five miles per hour for that highway or portion of highway.	5705
The director of transportation or local authority having	5706
jurisdiction over the highway or portion of highway shall erect	5707
appropriate signs giving notice of the speed limit at such	5708
location within three hundred ninety days after February 29, 1996.	5709
The speed limit becomes effective only when such signs are erected	5710
at the location.	5711

(N)(1)(a) If the boundary of two local authorities rests on	5712
the centerline of a highway and both authorities have jurisdiction	5713
over the highway, the speed limit for the part of the highway	5714
within their joint jurisdiction shall be either one of the	5715
following as agreed to by both authorities:	5716

(i) Either prima-facie speed limit permitted by division (B)	5717
of this section;	5718

(ii) An altered speed limit determined and posted in	5719
accordance with this section.	5720

(b) If the local authorities are unable to reach an	5721
agreement, the speed limit shall remain as established and posted	5722
under this section.	5723

(2) Neither local authority may declare an altered	5724
prima-facie speed limit pursuant to this section on the part of	5725
the highway under their joint jurisdiction unless both of the	5726
local authorities determine, upon the basis of an engineering and	5727
traffic investigation, that the speed permitted by this section is	5728
greater than is reasonable or safe under the conditions found to	5729
exist at the location and both authorities agree upon a uniform	5730
reasonable and safe prima-facie speed limit of less than	5731
fifty-five but not less than twenty-five miles per hour for that	5732
location. If both authorities so agree, each shall follow the	5733
procedure specified in this section for altering the prima-facie	5734
speed limit on the highway, and the speed limit for the part of	5735
the highway within their joint jurisdiction shall be uniformly	5736
altered. No altered speed limit may be withdrawn unless both local	5737
authorities determine that the altered prima-facie speed limit	5738
previously adopted becomes unreasonable and each adopts a	5739
resolution withdrawing the altered prima-facie speed limit	5740
pursuant to the procedure specified in this section.	5741

(O) As used in this section:

5742

(1) "Interstate system" has the same meaning as in 23	5743
U.S.C.A. 101.	5744

(2) "Commercial bus" means a motor vehicle designed for	5745
carrying more than nine passengers and used for the transportation	5746
of persons for compensation.	5747

(3) "Noncommercial bus" includes but is not limited to a	5748
school bus or a motor vehicle operated solely for the	5749
transportation of persons associated with a charitable or	5750
nonprofit organization.	5751

(4) "Outerbelt" means a portion of a freeway that is part of	5752
the interstate system and is located in the outer vicinity of a	5753
major municipal corporation or group of municipal corporations, as	5754
designated by the director.	5755

(P)(1) A violation of any provision of this section is one of	5756
the following:	5757

(a) Except as otherwise provided in divisions (P)(1)(b),	5758
(1)(c), (2), and (3) of this section, a minor misdemeanor;	5759

(b) If, within one year of the offense, the offender	5760
previously has been convicted of or pleaded guilty to two	5761
violations of any provision of this section or of any provision of	5762
a municipal ordinance that is substantially similar to any	5763
provision of this section, a misdemeanor of the fourth degree;	5764

(c) If, within one year of the offense, the offender	5765
previously has been convicted of or pleaded guilty to three or	5766
more violations of any provision of this section or of any	5767
provision of a municipal ordinance that is substantially similar	5768
to any provision of this section, a misdemeanor of the third	5769
degree.	5770

(2) If the offender has not previously been convicted of or	5771
pleaded guilty to a violation of any provision of this section or	5772
of any provision of a municipal ordinance that is substantially	5773
similar to this section and operated a motor vehicle faster than	5774
thirty-five miles an hour in a business district of a municipal	5775
corporation, faster than fifty miles an hour in other portions of	5776
a municipal corporation, or faster than thirty-five miles an hour	5777
in a school zone during recess or while children are going to or	5778
leaving school during the school's opening or closing hours, a	5779
misdemeanor of the fourth degree.	5780

(3) Notwithstanding division (P)(1) of this section, if the	5781
offender operated a motor vehicle in a construction zone where a	5782
sign was then posted in accordance with section 4511.98 of the	5783
Revised Code, the court, in addition to all other penalties	5784
provided by law, shall impose upon the offender a fine of two	5785
times the usual amount imposed for the violation. No court shall	5786
impose a fine of two times the usual amount imposed for the	5787
violation upon an offender if the offender alleges, in an	5788
affidavit filed with the court prior to the offender's sentencing,	5789
that the offender is indigent and is unable to pay the fine	5790
imposed pursuant to this division and if the court determines that	5791
the offender is an indigent person and unable to pay the fine.	5792

Sec. 4511.61. (A) The department of transportation and local	5793
authorities in their respective jurisdictions, with the approval	5794
of the department, may designate dangerous highway crossings over	5795
railroad tracks whether on state, county, or township highways or	5796
on streets or ways within municipal corporations, and erect stop	5797
signs thereat. ~~When such~~	5798

(B) The department and local authorities shall erect stop	5799
signs at a railroad highway grade crossing in both of the	5800
following circumstances:	5801

(1) Railroad crossbucks are the only warning devices at the	5802
grade crossing, and additional warning or protective devices that	5803
are not crossbucks are installed at the grade crossing;	5804

(2) The grade crossing is constructed after the effective	5805
date of this amendment.	5806

(C) When stop signs are erected pursuant to division (A) or	5807
(B) of this section, the operator of any vehicle, streetcar, or	5808
trackless trolley shall stop within fifty, but not less than	5809
fifteen, feet from the nearest rail of the railroad tracks and	5810
shall exercise due care before proceeding across such grade	5811
crossing.	5812

~~(B)~~(D) Except as otherwise provided in this division, whoever	5813
violates division (C) of this section is guilty of a minor	5814
misdemeanor. If, within one year of the offense, the offender	5815
previously has been convicted of or pleaded guilty to one	5816
predicate motor vehicle or traffic offense, whoever violates this	5817
section is guilty of a misdemeanor of the fourth degree. If,	5818
within one year of the offense, the offender previously has been	5819
convicted of two or more predicate motor vehicle or traffic	5820
offenses, whoever violates this section is guilty of a misdemeanor	5821
of the third degree.	5822

Sec. 4513.263. (A) As used in this section and in section	5823
4513.99 of the Revised Code:	5824

(1) "Automobile" means any commercial tractor, passenger car,	5825
commercial car, or truck that is required to be factory-equipped	5826
with an occupant restraining device for the operator or any	5827
passenger by regulations adopted by the United States secretary of	5828
transportation pursuant to the "National Traffic and Motor Vehicle	5829
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	5830

(2) "Occupant restraining device" means a seat safety belt,	5831
shoulder belt, harness, or other safety device for restraining a	5832
person who is an operator of or passenger in an automobile and	5833
that satisfies the minimum federal vehicle safety standards	5834
established by the United States department of transportation.	5835

(3) "Passenger" means any person in an automobile, other than	5836
its operator, who is occupying a seating position for which an	5837
occupant restraining device is provided.	5838

(4) "Commercial tractor," "passenger car," and "commercial	5839
car" have the same meanings as in section 4501.01 of the Revised	5840
Code.	5841

(5) "Vehicle" and "motor vehicle," as used in the definitions	5842
of the terms set forth in division (A)(4) of this section, have	5843
the same meanings as in section 4511.01 of the Revised Code.	5844

(6) "Tort action" means a civil action for damages for	5845
injury, death, or loss to person or property. "Tort action"	5846
includes a product liability claim, as defined in section 2307.71	5847
of the Revised Code, and an asbestos claim, as defined in section	5848
2307.91 of the Revised Code, but does not include a civil action	5849
for damages for breach of contract or another agreement between	5850
persons.	5851

(B) No person shall do any of the following:

5852

(1) Operate an automobile on any street or highway unless	5853
that person is wearing all of the available elements of a properly	5854
adjusted occupant restraining device, or operate a school bus that	5855
has an occupant restraining device installed for use in its	5856
operator's seat unless that person is wearing all of the available	5857
elements of the device, as properly adjusted;	5858

(2) Operate an automobile on any street or highway unless	5859
each passenger in the automobile who is subject to the requirement	5860
set forth in division (B)(3) of this section is wearing all of the	5861
available elements of a properly adjusted occupant restraining	5862
device;	5863

(3) Occupy, as a passenger, a seating position on the front	5864
seat of an automobile being operated on any street or highway	5865
unless that person is wearing all of the available elements of a	5866
properly adjusted occupant restraining device;	5867

(4) Operate a taxicab on any street or highway unless all	5868
factory-equipped occupant restraining devices in the taxicab are	5869
maintained in usable form.	5870

(C) Division (B)(3) of this section does not apply to a	5871
person who is required by section 4511.81 of the Revised Code to	5872
be secured in a child restraint device or booster seat. Division	5873
(B)(1) of this section does not apply to a person who is an	5874
employee of the United States postal service or of a newspaper	5875
home delivery service, during any period in which the person is	5876
engaged in the operation of an automobile to deliver mail or	5877
newspapers to addressees. Divisions (B)(1) and (3) of this section	5878
do not apply to a person who has an affidavit signed by a	5879
physician licensed to practice in this state under Chapter 4731.	5880
of the Revised Code or a chiropractor licensed to practice in this	5881
state under Chapter 4734. of the Revised Code that states that the	5882
person has a physical impairment that makes use of an occupant	5883
restraining device impossible or impractical.	5884

(D) Notwithstanding any provision of law to the contrary, no	5885
law enforcement officer shall cause an operator of an automobile	5886
being operated on any street or highway to stop the automobile for	5887
the sole purpose of determining whether a violation of division	5888
(B) of this section has been or is being committed or for the sole	5889
purpose of issuing a ticket, citation, or summons for a violation	5890
of that nature or causing the arrest of or commencing a	5891
prosecution of a person for a violation of that nature, and no law	5892
enforcement officer shall view the interior or visually inspect	5893
any automobile being operated on any street or highway for the	5894
sole purpose of determining whether a violation of that nature has	5895
been or is being committed.	5896

(E) All fines collected for violations of division (B) of	5897
this section, or for violations of any ordinance or resolution of	5898
a political subdivision that is substantively comparable to that	5899
division, shall be forwarded to the treasurer of state for deposit	5900
into the state treasury to the credit of the trauma and emergency	5901
medical services fund, which is hereby created. In addition, sixty	5902
cents of each fee collected under sections 4501.34, 4503.26,	5903
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	5904
specified in those sections, plus the portion of the driver's	5905
license reinstatement fee described in division (F)(2)(g) of	5906
section 4511.191 of the Revised Code, plus all fees collected	5907
under section 4765.11 of the Revised Code, plus all fines imposed	5908
under section 4765.55 of the Revised Code, plus the fees and other	5909
moneys specified in section 4766.05 of the Revised Code, and plus	5910
five per cent of fines and moneys arising from bail forfeitures as	5911
directed by section 5503.04 of the Revised Code, also shall be	5912
deposited into the trauma and emergency medical services fund. All	5913
money deposited into the trauma and emergency medical services	5914
fund shall be used by the department of public safety for the	5915
administration and operation of the division of emergency medical	5916
services and the state board of emergency medical, fire, and	5917
transportation services, and by the state board of emergency	5918
medical, fire, and transportation services to make grants, in	5919
accordance with section 4765.07 of the Revised Code and rules the	5920
board adopts under section 4765.11 of the Revised Code. The	5921
director of budget and management may transfer excess money from	5922
the trauma and emergency medical services fund to the state	5923
highway safety fund if the director of public safety determines	5924
that the amount of money in the trauma and emergency medical	5925
services fund exceeds the amount required to cover such costs	5926
incurred by the emergency medical services agency and the grants	5927
made by the state board of emergency medical, fire, and	5928
transportation services and requests the director of budget and	5929
management to make the transfer.	5930

(F)(1) Subject to division (F)(2) of this section, the	5931
failure of a person to wear all of the available elements of a	5932
properly adjusted occupant restraining device in violation of	5933
division (B)(1) or (3) of this section or the failure of a person	5934
to ensure that each minor who is a passenger of an automobile	5935
being operated by that person is wearing all of the available	5936
elements of a properly adjusted occupant restraining device in	5937
violation of division (B)(2) of this section shall not be	5938
considered or used by the trier of fact in a tort action as	5939
evidence of negligence or contributory negligence. But, the trier	5940
of fact may determine based on evidence admitted consistent with	5941
the Ohio Rules of Evidence that the failure contributed to the	5942
harm alleged in the tort action and may diminish a recovery of	5943
compensatory damages that represents noneconomic loss, as defined	5944
in section 2307.011 of the Revised Code, in a tort action that	5945
could have been recovered but for the plaintiff's failure to wear	5946
all of the available elements of a properly adjusted occupant	5947
restraining device. Evidence of that failure shall not be used as	5948
a basis for a criminal prosecution of the person other than a	5949
prosecution for a violation of this section; and shall not be	5950
admissible as evidence in a criminal action involving the person	5951
other than a prosecution for a violation of this section.	5952

(2) If, at the time of an accident involving a passenger car	5953
equipped with occupant restraining devices, any occupant of the	5954
passenger car who sustained injury or death was not wearing an	5955
available occupant restraining device, was not wearing all of the	5956
available elements of such a device, or was not wearing such a	5957
device as properly adjusted, then, consistent with the Rules of	5958
Evidence, the fact that the occupant was not wearing the available	5959
occupant restraining device, was not wearing all of the available	5960
elements of such a device, or was not wearing such a device as	5961
properly adjusted is admissible in evidence in relation to any	5962
claim for relief in a tort action to the extent that the claim for	5963
relief satisfies all of the following:	5964

(a) It seeks to recover damages for injury or death to the	5965
occupant.	5966

(b) The defendant in question is the manufacturer, designer,	5967
distributor, or seller of the passenger car.	5968

(c) The claim for relief against the defendant in question is	5969
that the injury or death sustained by the occupant was enhanced or	5970
aggravated by some design defect in the passenger car or that the	5971
passenger car was not crashworthy.	5972

(G)(1) Whoever violates division (B)(1) of this section shall	5973
be fined thirty dollars.	5974

(2) Whoever violates division (B)(3) of this section shall be	5975
fined twenty dollars.	5976

(3) Except as otherwise provided in this division, whoever	5977
violates division (B)(4) of this section is guilty of a minor	5978
misdemeanor. If the offender previously has been convicted of or	5979
pleaded guilty to a violation of division (B)(4) of this section,	5980
whoever violates division (B)(4) of this section is guilty of a	5981
misdemeanor of the third degree.	5982

Sec. 4513.34. (A)(1) The director of transportation with	5983
respect to all highways that are a part of the state highway	5984
system and local authorities with respect to highways under their	5985
jurisdiction, upon application in writing and for good cause	5986
shown, may issue a special permit in writing authorizing the	5987
applicant to operate or move a vehicle or combination of vehicles	5988
of a size or weight of vehicle or load exceeding the maximum	5989
specified in sections 5577.01 to 5577.09 of the Revised Code, or	5990
otherwise not in conformity with sections 4513.01 to 4513.37 of	5991
the Revised Code, upon any highway under the jurisdiction of the	5992
authority granting the permit.	5993

(2) For purposes of this section, the director may designate	5994
certain state highways or portions of state highways as special	5995
economic development highways. If an application submitted to the	5996
director under this section involves travel of a nonconforming	5997
vehicle or combination of vehicles upon a special economic	5998
development highway, the director, in determining whether good	5999
cause has been shown that issuance of a permit is justified, shall	6000
consider the effect the travel of the vehicle or combination of	6001
vehicles will have on the economic development in the area in	6002
which the designated highway or portion of highway is located.	6003

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	6004
Code, the holder of a ~~special~~ permit issued by the director under	6005
this section may move the vehicle or combination of vehicles	6006
described in the ~~special~~ permit on any highway that is a part of	6007
the state highway system when the movement is partly within and	6008
partly without the corporate limits of a municipal corporation. No	6009
local authority shall require any other permit or license or	6010
charge any license fee or other charge against the holder of a	6011
permit for the movement of a vehicle or combination of vehicles on	6012
any highway that is a part of the state highway system. The	6013
director shall not require the holder of a permit issued by a	6014
local authority to obtain a special permit for the movement of	6015
vehicles or combination of vehicles on highways within the	6016
jurisdiction of the local authority. Permits may be issued for any	6017
period of time not to exceed one year, as the director in the	6018
director's discretion or a local authority in its discretion	6019
determines advisable, or for the duration of any public	6020
construction project.	6021

(C)(1) The application for a permit issued under this section	6022
shall be in the form that the director or local authority	6023
prescribes. The director or local authority may prescribe a permit	6024
fee to be imposed and collected when any permit described in this	6025
section is issued. The permit fee may be in an amount sufficient	6026
to reimburse the director or local authority for the	6027
administrative costs incurred in issuing the permit, and also to	6028
cover the cost of the normal and expected damage caused to the	6029
roadway or a street or highway structure as the result of the	6030
operation of the nonconforming vehicle or combination of vehicles.	6031
The director, in accordance with Chapter 119. of the Revised Code,	6032
shall establish a schedule of fees for permits issued by the	6033
director under this section.	6034

(2) For the purposes of this section and of rules adopted by	6035
the director under this section, milk transported in bulk by	6036
vehicle is deemed a nondivisible load.	6037

(D) The director or local authority may issue or withhold a	6038
permit. If a permit is to be issued, the director or local	6039
authority may limit or prescribe conditions of operation for the	6040
vehicle and may require the posting of a bond or other security	6041
conditioned upon the sufficiency of the permit fee to compensate	6042
for damage caused to the roadway or a street or highway structure.	6043
In addition, a local authority, as a condition of issuance of an	6044
overweight permit, may require the applicant to develop and enter	6045
into a mutual agreement with the local authority to compensate for	6046
or to repair excess damage caused to the roadway by travel under	6047
the permit.	6048

For a permit that will allow travel of a nonconforming	6049
vehicle or combination of vehicles on a special economic	6050
development highway, the director, as a condition of issuance, may	6051
require the applicant to agree to make periodic payments to the	6052
department to compensate for damage caused to the roadway by	6053
travel under the permit.	6054

(E) Every permit issued under this section shall be carried	6055
in the vehicle or combination of vehicles to which it refers and	6056
shall be open to inspection by any police officer or authorized	6057
agent of any authority granting the permit. No person shall	6058
violate any of the terms of a permit.	6059

(F) The director may debar an applicant from applying for a	6060
~~special~~ permit under this section upon a finding based on a	6061
reasonable belief that the applicant has done any of the	6062
following:	6063

(1) Abused the process by repeatedly submitting false	6064
information or false travel plans or by using another company or	6065
individual's name, insurance, or escrow account without proper	6066
authorization;	6067

(2) Failed to comply with or substantially perform under a	6068
previously issued ~~special~~ permit according to its terms,	6069
conditions, and specifications within specified time limits;	6070

(3) Failed to cooperate in the application process for the	6071
~~special~~ permit or in any other procedures that are related to the	6072
issuance of the ~~special~~ permit by refusing to provide information	6073
or documents required in a permit or by failing to respond to and	6074
correct matters related to the ~~special~~ permit;	6075

(4) Accumulated repeated justified complaints regarding	6076
performance under a ~~special~~ permit that was previously issued to	6077
the applicant or previously failed to obtain a ~~special~~ permit when	6078
such a permit was required;	6079

(5) Attempted to influence a public employee to breach	6080
ethical conduct standards;	6081

(6) Been convicted of a criminal offense related to the	6082
application for, or performance under, a ~~special~~ permit,	6083
including, but not limited to, bribery, falsification, fraud or	6084
destruction of records, receiving stolen property, and any other	6085
offense that directly reflects on the applicant's integrity or	6086
commercial driver's license;	6087

(7) Accumulated repeated convictions under a state or federal	6088
safety law governing commercial motor vehicles or a rule or	6089
regulation adopted under such a law;	6090

(8) Accumulated repeated convictions under a law, rule, or	6091
regulation governing the movement of traffic over the public	6092
streets and highways;	6093

(9) Failed to pay any fees associated with any permitted	6094
operation or move;	6095

(10) Deliberately or willfully submitted false or misleading	6096
information in connection with the application for, or performance	6097
under, a ~~special~~ permit issued under this section.	6098

If the applicant is a partnership, association, or	6099
corporation, the director also may debar from consideration for	6100
~~special~~ permits any partner of the partnership, or the officers,	6101
directors, or employees of the association or corporation being	6102
debarred.	6103

The director may adopt rules in accordance with Chapter 119.	6104
of the Revised Code governing the debarment of an applicant.	6105

(G) When the director reasonably believes that grounds for	6106
debarment exist, the director shall send the person that is	6107
subject to debarment a notice of the proposed debarment. A notice	6108
of proposed debarment shall indicate the grounds for the debarment	6109
of the person and the procedure for requesting a hearing. The	6110
notice and hearing shall be in accordance with Chapter 119. of the	6111
Revised Code. If the person does not respond with a request for a	6112
hearing in the manner specified in that chapter, the director	6113
shall issue the debarment decision without a hearing and shall	6114
notify the person of the decision by certified mail, return	6115
receipt requested. The debarment period may be of any length	6116
determined by the director, and the director may modify or rescind	6117
the debarment at any time. During the period of debarment, the	6118
director shall not issue, or consider issuing, a ~~special~~ permit	6119
under this section to any partnership, association, or corporation	6120
that is affiliated with a debarred person. After the debarment	6121
period expires, the person, and any partnership, association, or	6122
corporation affiliated with the person, may reapply for a ~~special~~	6123
permit.	6124

(H) Whoever violates this section shall be punished as	6125
provided in section 4513.99 of the Revised Code.	6126

(I) A permit issued under this section for the operation of a	6127
vehicle or combination of vehicles is valid for the purposes of	6128
the vehicle operation in accordance with the terms of the permit	6129
notwithstanding any other violation of the motor vehicle and	6130
traffic laws of this state by the operator of the vehicle or	6131
combination of vehicles.	6132

Sec. 4513.53. (A) The superintendent of the state highway	6133
patrol, with approval of the director of public safety, may	6134
appoint and maintain necessary staff to carry out the inspection	6135
of buses.	6136

(B) The superintendent of the state highway patrol shall	6137
adopt a distinctive annual safety inspection decal bearing the	6138
date of inspection. The state highway patrol may remove any decal	6139
from a bus that fails any inspection.	6140

(C) ~~Fees~~Bus inspection fees collected by the state highway	6141
patrol under section 4513.52 of the Revised Code shall be paid	6142
into the state treasury to the credit of the ~~general revenue fund.~~	6143
~~Annually by the first day of June, the director of public safety~~	6144
~~shall determine the amount of fees collected under section 4513.52~~	6145
~~of the Revised Code and shall certify the amount to the director~~	6146
~~of budget and management for reimbursement. The director of budget~~	6147
~~and management then may transfer cash up to the amount certified~~	6148
~~from the general revenue fund to the~~ state highway safety fund	6149
created in section 4501.06 of the Revised Code.	6150

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	6151
highway, public street, or other property open to the public for	6152
purposes of vehicular travel and if any motor vehicle, cargo, or	6153
personal property that has been damaged or spilled as a result of	6154
the motor vehicle accident is blocking the highway, street, or	6155
other property or is otherwise endangering public safety, the	6156
sheriff of the county, or the chief of police of the municipal	6157
corporation, township, or township or joint police district, in	6158
which the accident occurred, a state highway patrol trooper, or	6159
the chief of the fire department having jurisdiction where the	6160
accident occurred ~~may~~, or a duly authorized subordinate acting on	6161
behalf of an official specified above, without consent of the	6162
owner but with the approval of the law enforcement agency	6163
conducting any investigation of the accident, may remove the motor	6164
vehicle if the motor vehicle is unoccupied, cargo, or personal	6165
property from the portion of the highway, public street, or	6166
property ordinarily used for vehicular travel on the highway,	6167
public street, or other property open to the public for purposes	6168
of vehicular travel.	6169

(B)(1) Except as provided in division (B)(2) or (3) of this	6170
section, no employee of the department of transportation, sheriff,	6171
deputy sheriff, chief of police or police officer of a municipal	6172
corporation, township, or township or joint police district, state	6173
highway patrol trooper, chief of a fire department, or fire	6174
fighter, or a duly authorized subordinate acting on behalf of such	6175
an official who authorizes or participates in the removal of any	6176
unoccupied motor vehicle, cargo, or personal property as	6177
authorized by division (A) of this section is liable in civil	6178
damages for any injury, death, or loss to person or property that	6179
results from the removal of that unoccupied motor vehicle, cargo,	6180
or personal property. Except as provided in division (B)(2) or (3)	6181
of this section, if the department of transportation or a sheriff,	6182
chief of police of a municipal corporation, township, or township	6183
or joint police district, head of the state highway patrol, or	6184
chief of a fire department, or a duly authorized subordinate	6185
acting on behalf of such an official authorizes, employs, or	6186
arranges to have a private tow truck operator or towing company	6187
remove any unoccupied motor vehicle, cargo, or personal property	6188
as authorized by division (A) of this section, that private tow	6189
truck operator or towing company is not liable in civil damages	6190
for any injury, death, or loss to person or property that results	6191
from the removal of that unoccupied motor vehicle, cargo, or	6192
personal property~~, and~~. Further, the department of transportation,	6193
sheriff, chief of police, head of the state highway patrol, or	6194
fire department chief, or a duly authorized subordinate acting on	6195
behalf of such an official is not liable in civil damages for any	6196
injury, death, or loss to person or property that results from the	6197
private tow truck operator or towing company's removal of that	6198
unoccupied motor vehicle, cargo, or personal property.	6199

(2) Division (B)(1) of this section does not apply to any	6200
person or entity involved in the removal of an unoccupied motor	6201
vehicle, cargo, or personal property pursuant to division (A) of	6202
this section if that removal causes or contributes to the release	6203
of a hazardous material or to structural damage to the roadway.	6204

(3) Division (B)(1) of this section does not apply to a	6205
private tow truck operator or towing company that was not	6206
authorized, employed, or arranged by the department of	6207
transportation, a sheriff, a chief of police of a municipal	6208
corporation, township, or township or joint police district, the	6209
head of the state highway patrol, or a chief of a fire department,	6210
or a duly authorized subordinate acting on behalf of such an	6211
official or to a private tow truck operator or towing company that	6212
was authorized, employed, or arranged by the department of	6213
transportation, a sheriff, a chief of police of a municipal	6214
corporation, township, or township or joint police district, the	6215
head of the state highway patrol, or a chief of a fire department,	6216
or a duly authorized subordinate acting on behalf of such an	6217
official to perform the removal of the unoccupied motor vehicle,	6218
cargo, or personal property and the private tow truck operator or	6219
towing company performed the removal in a reckless or willful	6220
manner.	6221

(C) As used in this section, "hazardous material" has the	6222
same meaning as in section 2305.232 of the Revised Code.	6223

Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03 to	6224
4517.45 of the Revised Code do not apply to a person auctioning	6225
classic motor vehicles, provided all of the following apply:	6226

(1) The person is responsible for not more than ~~two~~four	6227
auctions of classic motor vehicles per year, with no auction	6228
lasting more than two days;	6229

(2) The person requests and receives permission for the	6230
auction from the registrar of motor vehicles by filing an	6231
application for each proposed auction of classic motor vehicles,	6232
at least thirty days before the auction, in a form prescribed by	6233
the registrar, signed and sworn to by the person, that contains	6234
all of the following:	6235

(a) The person's name and business address;

6236

(b) The location of the auction;

6237

(c) Evidence, sufficient to satisfy the registrar, that the	6238
person does not exclusively sell motor vehicles;	6239

(d) Any necessary, reasonable, and relevant information that	6240
the registrar may require to verify compliance with this section.	6241

(3) The person will be auctioning the classic motor vehicle	6242
to the general public for the legal owner of the vehicle, which	6243
ownership must be evidenced at the time of the auction by a valid	6244
certificate of title issued pursuant to Chapter 4505. of the	6245
Revised Code;	6246

(4) The person keeps a record of the following information	6247
for each classic motor vehicle offered for sale at auction, in a	6248
manner prescribed by the registrar:	6249

(a) The certificate of title number, county, and state of	6250
registration;	6251

(b) The year, make, model, and vehicle identification number;

6252

(c) The name and address of the person offering the vehicle	6253
for sale;	6254

(d) The name and address of any vehicle purchaser;

6255

(e) The date the vehicle is offered for sale;

6256

(f) Any purchase price;

6257

(g) The odometer reading at the time of the auction and an	6258
odometer statement from the person offering the vehicle for sale	6259
at auction that complies with 49 U.S.C. 32705.	6260

(5) The person allows reasonable inspection by the registrar	6261
of the person's records relating to each classic motor vehicle	6262
auction.	6263

(B) Any person that auctions classic motor vehicles under	6264
this section shall use the auction services of an auction firm to	6265
conduct the auction.	6266

(C) The registrar may refuse permission to hold an auction if	6267
the registrar finds that the person has not complied with division	6268
(A) of this section or has made a false statement of a material	6269
fact in the application filed under division (A)(2) of this	6270
section.	6271

(D) The registrar shall not authorize a person licensed under	6272
section 4707.072 of the Revised Code to offer auction services or	6273
act as an auctioneer in regard to an auction of classic motor	6274
vehicles pursuant to this section.	6275

(E) As used in this section:

6276

(1) "Auction firm" and "auction services" have the same	6277
meanings as in section 4707.01 of the Revised Code.	6278

(2) "Classic motor vehicle" means a motor vehicle that is	6279
over twenty-six years old.	6280

Sec. 4561.01. As used in sections 4561.01 to ~~4561.151~~	6281
4561.25 of the Revised Code:	6282

(A) "Aviation" means transportation by aircraft; operation of	6283
aircraft; the establishment, operation, maintenance, repair, and	6284
improvement of airports, landing fields, and other air navigation	6285
facilities; and all other activities connected therewith or	6286
incidental thereto.	6287

(B) "Aircraft" means any contrivance used or designed for	6288
navigation or flight in the air, excepting a parachute or other	6289
contrivance for such navigation used primarily as safety	6290
equipment.	6291

(C) "Airport" means any location either on land or water	6292
which is used for the landing and taking off of aircraft.	6293

(D) "Landing field" means any location either on land or	6294
water of such size and nature as to permit the landing or taking	6295
off of aircraft with safety, and used for that purpose but not	6296
equipped to provide for the shelter, supply, or care of aircraft.	6297

(E) "Air navigation facility" means any facility used,	6298
available for use, or designed for use in aid of navigation of	6299
aircraft, including airports, landing fields, facilities for the	6300
servicing of aircraft or for the comfort and accommodation of air	6301
travelers, and any structures, mechanisms, lights, beacons, marks,	6302
communicating systems, or other instrumentalities or devices used	6303
or useful as an aid to the safe taking off, navigation, and	6304
landing of aircraft, or to the safe and efficient operation or	6305
maintenance of an airport or landing field, and any combination of	6306
such facilities.	6307

(F) "Air navigation hazard" means any structure, object of	6308
natural growth, or use of land, that obstructs the air space	6309
required for the flight of aircraft in landing or taking off at	6310
any airport or landing field, or that otherwise is hazardous to	6311
such landing or taking off.	6312

(G) "Air navigation," "navigation of aircraft," or "navigate	6313
aircraft" means the operation of aircraft in the air space over	6314
this state.	6315

(H) "~~Airman~~Airperson" means any individual who, as the	6316
person in command, or as pilot, mechanic, or member of the crew,	6317
engages in the navigation of aircraft.	6318

(I) "Airway" means a route in the air space over and above	6319
the lands or waters of this state, designated by the Ohio aviation	6320
board as a route suitable for the navigation of aircraft.	6321

(J) "Person" means any individual, firm, partnership,	6322
corporation, company, association, joint stock association, or	6323
body politic, and includes any trustee, receiver, assignee, or	6324
other similar representative thereof.	6325

(K) "Government agency" means a state agency, state	6326
institution of higher education, regional port authority, or any	6327
other political subdivision of the state, or the federal	6328
government or other states.	6329

Sec. 4561.06. The department of transportation shall	6330
encourage the development of aviation and the promotion of	6331
aviation education and research within this state as, in its	6332
judgment, may best serve the public interest.	6333

The department may furnish engineering or other technical	6334
counsel and services, with or without charge therefor, to any	6335
appropriate government agency ~~of any county or municipal~~	6336
~~corporation of the state~~ desiring such counsel or services in	6337
connection with any question or problem concerning the need for,	6338
or the location, construction, maintenance, or operation of	6339
airports, landing fields, or other air navigation facilities in	6340
~~the county or municipal corporation~~.	6341

The department shall be the official representative of this	6342
state in all civil actions, matters, or proceedings pertaining to	6343
aviation in which this state is a party or has an interest.	6344

The department may investigate, and may cooperate with any	6345
other appropriate ~~governmental~~government agency in the	6346
investigation of, any accident occurring in this state in	6347
connection with aviation. It may issue an order to preserve,	6348
protect, or prevent the removal of any aircraft or air navigation	6349
facility involved in an accident being so investigated until the	6350
investigation is completed. The chief executive officer or any law	6351
enforcement officer of this state or any political subdivision in	6352
which an accident occurred shall assist the department in	6353
enforcing such an order when called upon to do so.	6354

The department, in connection with any investigation it is	6355
authorized to conduct, or in connection with any matter it is	6356
required to consider and determine, may conduct hearings thereon.	6357
All such hearings shall be open to the public. The administrator	6358
of the office of aviation or those employees of that office or its	6359
agents who are designated to conduct such hearings may administer	6360
oaths and affirmations and issue subpoenas for and compel the	6361
attendance and testimony of witnesses and the production of	6362
papers, books, and documents at the hearings. In case of failure	6363
to comply with such a subpoena or refusal to testify, the	6364
administrator or the employees of the office of aviation or its	6365
agents who are designated to conduct the hearings may invoke the	6366
aid of the court of common pleas of the county in which the	6367
hearing is being conducted, and the court may order the witness to	6368
comply with the requirements of the subpoena or to give testimony	6369
concerning the matter in question. Failure to obey any order of	6370
the court may be punished as a contempt of the court.	6371

Reports of any investigations or hearings, or parts thereof,	6372
conducted by the department shall not be admitted in evidence or	6373
used for any purpose in any action or proceeding arising out of	6374
any matter referred to in the investigation, hearings, or report	6375
thereof, except in actions or proceedings instituted by the state	6376
or by the department on behalf of the state, nor shall any member	6377
of the department or any of its employees be required to testify	6378
to any facts ascertained in, or information obtained by reason of,	6379
the member's or employee's official capacity, or to testify as an	6380
expert witness in any action or proceeding involving or pertaining	6381
to aviation to which the state is not a party. Subject to this	6382
section, the department may make available to appropriate agencies	6383
of government any information and material developed in the course	6384
of its investigations and hearings.	6385

The department shall report to the appropriate agency of the	6386
United States all cases that come to its attention of persons	6387
navigating aircraft without a valid aviator's certificate, or in	6388
which an aircraft is navigated without a valid air-worthiness	6389
certificate in probable violation of the laws of the United States	6390
requiring such certificates, and it also shall report to the	6391
proper governmental agency any probable infringement or violation	6392
of laws, rules, and regulations pertaining to aviation that come	6393
to its attention.	6394

The department may prepare, adopt, and subsequently revise a	6395
plan showing the locations and types of airports, landing fields,	6396
and other air navigation facilities within this state; it also may	6397
prepare another plan of a system of airways within this state, the	6398
establishment, maintenance, and use of which will, in its	6399
judgment, serve the development of transportation by aircraft	6400
within this state in the best interests of the public. It may	6401
publish plans and pertinent information as the public interest	6402
requires.	6403

The department periodically may prepare, publish, and	6404
distribute such maps, charts, or other information as the public	6405
interest requires, showing the location of and containing a	6406
description of all airports, landing fields, and other air	6407
navigation facilities then in operation in this state, together	6408
with information concerning the manner in which, and the terms	6409
upon which, those facilities may be used, and showing all airways	6410
then in use, or recommended for use, within this state, together	6411
with information concerning the manner in which the facilities	6412
should be used.	6413

Sec. 4561.07. The department of transportation may cooperate	6414
with ~~and assist the federal~~any government~~, regional airport~~	6415
~~authorities, the political subdivisions of this state,~~agency and	6416
others, including private persons, engaged in aviation, aviation	6417
education or research, or the promotion of aviation, and shall	6418
seek to promote the aeronautic activities of these bodies.	6419

The department may confer with or hold joint meetings and	6420
hearings with any ~~federal aeronautical agency, any regional~~	6421
~~airport authority, or any~~government agency ~~of a political~~	6422
~~subdivision of this state,~~ in connection with any matter arising	6423
under ~~sections 4561.01 to 4561.151 of the Revised Code~~this	6424
chapter, or relating to the sound development of aviation, and the	6425
department may avail itself of the cooperation, services, records,	6426
and facilities of any ~~such regional airport authority or~~	6427
government agency, as fully as is practicable, in the	6428
administration and enforcement of such sections. It shall	6429
reciprocate by furnishing to any such regional airport authority	6430
or agency its cooperation, services, records, and facilities, as	6431
fully as is practicable and in the best interests of the public.	6432

If the federal government, any agency of the federal	6433
government, or any regional airport authority or political	6434
subdivision of this state, or any government agency, requires a	6435
state agency to receive and disburse any airport assistance or	6436
development and maintenance funds, the department may act as that	6437
state agency in all such matters pertaining to aviation.	6438

Sec. 4561.08. The department of transportation may cooperate	6439
with ~~the United States, and~~ any government agency ~~thereof~~, in the	6440
acquisition, establishment, construction, enlargement,	6441
improvement, equipment, or operation of airports, landing fields,	6442
and other air navigation facilities in this state, and may comply	6443
with the laws of the United States and any regulations made	6444
thereunder with respect to the expenditure of federal funds for or	6445
in connection with such airports, landing fields, and other air	6446
navigation facilities.	6447

The department may accept, receive, and receipt for federal	6448
funds, upon such terms as are prescribed by the laws of the United	6449
States and any regulations made thereunder, on behalf of the	6450
state, and may treat similarly, for the state or as agent for any	6451
regional airport authority, county, or municipal corporation	6452
thereof, other funds, public or private, for the acquisition,	6453
establishment, construction, enlargement, improvement, equipment,	6454
or operation of airports, landing fields, and other air navigation	6455
facilities, whether such work is to be done severally by the state	6456
or by a political subdivision thereof or by a regional airport	6457
authority, or by the state and a regional airport authority or one	6458
or more such political subdivisions jointly, or by any two or more	6459
such political subdivisions jointly, or by a regional airport	6460
authority and any one or more such political subdivisions jointly.	6461
The department may also act as agent of any regional airport	6462
authority, county, or municipal corporation of the state in any	6463
other matter connected with the acquisition, establishment,	6464
construction, enlargement, improvement, equipment, or operation of	6465
airports, landing fields, and other air navigation facilities. In	6466
the discharge of its duties as such agent, the department may use	6467
all its powers in the same manner as when acting for and in behalf	6468
of the state.	6469

The department may approve or disapprove all contracts and	6470
agreements for the acquisition, establishment, construction,	6471
enlargement, improvement, equipment, or operation of airports,	6472
landing fields, and other air navigation facilities insofar as its	6473
rules require.	6474

The department may advise and cooperate with any regional	6475
airport authority or political subdivision of this state or of any	6476
other state, when it is acting jointly with a regional airport	6477
authority or subdivision of this state, in all matters pertaining	6478
to the location, acquisition, establishment, construction,	6479
enlargement, improvement, equipment, or operation of airports,	6480
landing fields, and other air navigation facilities.	6481

All money accepted by the department pursuant to sections	6482
4561.01 to 4561.151 of the Revised Code shall be deposited in the	6483
state treasury to the credit of the highway operating fund. All	6484
such moneys shall be expended in accordance with the terms imposed	6485
by the United States in making the grants thereof.	6486

Sec. 4561.09. Each regional airport authority, county, ~~and~~	6487
municipal corporation, and agency of this state may accept,	6488
receive, and give receipt for federal funds upon such terms as are	6489
prescribed by the laws of the United States and any rules and	6490
regulations made thereunder, and may treat similarly other funds,	6491
public or private, for the acquisition, establishment,	6492
construction, enlargement, improvement, equipment, or operation of	6493
airports, landing fields, and other air navigation facilities.	6494

The board of trustees of a regional airport authority and the	6495
legislative body of each county or municipal corporation may	6496
designate the department of transportation as the agent of such	6497
regional airport authority, county, or municipal corporation to	6498
accept, receive, and receipt for federal funds upon such terms as	6499
are prescribed by the laws of the United States and any rules or	6500
regulations made thereunder, and to treat similarly other funds,	6501
public or private, for the acquisition, establishment,	6502
construction, enlargement, improvement, equipment, or operation of	6503
airports, landing fields, and other air navigation facilities,	6504
whether such work is to be done by the regional airport authority,	6505
county, or municipal corporation alone, or jointly with the state,	6506
or jointly with the state and other counties or municipal	6507
corporations. Such board of trustees or legislative body may	6508
designate the department as its agent in any other matter	6509
connected with the acquisition, establishment, construction,	6510
enlargement, improvement, equipment, or operation of airports,	6511
landing fields, and other air navigation facilities, and may enter	6512
into, or authorize the executive department of such political	6513
subdivision to enter into, an agreement with the department	6514
prescribing the terms of such agency, in accordance with the laws	6515
of the United States and any rules or regulations made thereunder.	6516

All contracts for the acquisition, establishment,	6517
construction, enlargement, improvement, equipment, or operation of	6518
airports, landing fields, or other air navigation facilities made	6519
by a regional airport authority, county, or municipal corporation,	6520
or agency of this state shall be made pursuant to the laws of this	6521
state governing the making of such contracts; provided that when	6522
the acquisition, establishment, construction, enlargement,	6523
improvement, equipment, or operation of airports, landing fields,	6524
or other air navigation facilities is financed wholly or partly	6525
with federal funds, the regional airport authority, county, or	6526
municipal corporation, or agency of this state may let contracts	6527
in the manner prescribed by the federal authorities acting under	6528
the laws of the United States and any rules or regulations made	6529
thereunder.	6530

Sec. 4561.12. (A) NoUnless operated by the department of	6531
transportation or its agents, no aircraft shall be operated or	6532
maintained on any public land or water owned or controlled by this	6533
state, or by any political subdivision of this state, except at	6534
such places and under such rules and regulations governing and	6535
controlling the operation and maintenance of aircraft as are	6536
adopted and promulgated by the department ~~of transportation~~ in	6537
accordance with sections 119.01 to 119.13 of the Revised Code.	6538

Such action and approval by the department shall not become	6539
effective until it has been approved by the adoption and	6540
promulgation of appropriate rules ~~and regulations~~ governing,	6541
controlling, and approving said places and the method of operation	6542
and maintenance of aircraft, by the department, division,	6543
political subdivision, agent, or agency of this state having	6544
ownership or control of the places on said public land or water	6545
which are affected by such operation or maintenance of aircraft	6546
thereon.	6547

(B) Whoever violates this section shall be fined not more	6548
than five hundred dollars, imprisoned not more than ninety days,	6549
or both.	6550

Sec. 4561.21. (A) The director of transportation shall	6551
deposit all aircraft transfer fees in the state treasury to the	6552
credit of the general fund.	6553

(B) The director shall deposit all aircraft license taxes and	6554
fines in the state treasury to the credit of the airport	6555
assistance fund, which is hereby created. Money in the fund shall	6556
be used for maintenance and capital improvements to publicly owned	6557
airports, and the operating costs associated with the office of	6558
aviation. For maintenance and capital improvements to publicly	6559
owned airports, the director shall distribute the money to	6560
eligible recipients in accordance with such procedures,	6561
guidelines, and criteria as the director shall establish. No more	6562
than ten per cent of all funds deposited annually into the fund	6563
shall be spent annually to pay operating costs associated with the	6564
office of aviation.	6565

Sec. 4743.05. Except as otherwise provided in sections	6566
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	6567
Revised Code, all money collected under Chapters 3773., 4701.,	6568
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	6569
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	6570
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	6571
shall be paid into the state treasury to the credit of the	6572
occupational licensing and regulatory fund, which is hereby	6573
created for use in administering such chapters.	6574

At the end of each quarter, the director of budget and	6575
management shall transfer from the occupational licensing and	6576
regulatory fund to the nurse education assistance fund created in	6577
section 3333.28 of the Revised Code the amount certified to the	6578
director under division (B) of section 4723.08 of the Revised	6579
Code.	6580

At the end of each quarter, the director shall transfer from	6581
the occupational licensing and regulatory fund to the certified	6582
public accountant education assistance fund created in section	6583
4701.26 of the Revised Code the amount certified to the director	6584
under division (H)(2) of section 4701.10 of the Revised Code.	6585

Sec. 4765.02. (A)(1) There is hereby created the state board	6586
of emergency medical, fire, and transportation services within the	6587
division of emergency medical services of the department of public	6588
safety. The board shall consist of the members specified in this	6589
section who are residents of this state. The governor, with the	6590
advice and consent of the senate, shall appoint all members of the	6591
board, except the employee of the department of public safety	6592
designated by the director of public safety under this section to	6593
be a member of the board. In making the appointments, the governor	6594
shall appoint only members with background or experience in	6595
emergency medical services or trauma care and shall attempt to	6596
include members representing urban and rural areas, various	6597
geographical regions of the state, and various schools of	6598
training.	6599

(2) One member of the board shall be a physician certified by	6600
the American board of emergency medicine or the American	6601
osteopathic board of emergency medicine who is active in the	6602
practice of emergency medicine and is actively involved with an	6603
emergency medical service organization. The governor shall appoint	6604
this member from among three persons nominated by the Ohio chapter	6605
of the American college of emergency physicians and three persons	6606
nominated by the Ohio osteopathic association. One member shall be	6607
a physician certified by the American board of surgery or the	6608
American osteopathic board of surgery who is active in the	6609
practice of trauma surgery and is actively involved with emergency	6610
medical services. The governor shall appoint this member from	6611
among three persons nominated by the Ohio chapter of the American	6612
college of surgeons and three persons nominated by the Ohio	6613
osteopathic association. One member shall be a physician certified	6614
by the American academy of pediatrics or American osteopathic	6615
board of pediatrics who is active in the practice of pediatric	6616
emergency medicine and actively involved with an emergency medical	6617
service organization. The governor shall appoint this member from	6618
among three persons nominated by the Ohio chapter of the American	6619
academy of pediatrics and three persons nominated by the Ohio	6620
osteopathic association. ~~One member shall be the administrator of~~	6621
~~an adult or pediatric trauma center. The governor shall appoint~~	6622
~~this member from among three persons nominated by the OHA: the~~	6623
~~association for hospitals and health systems, three persons~~	6624
~~nominated by the Ohio osteopathic association, three persons~~	6625
~~nominated by the association of Ohio children's hospitals, and~~	6626
~~three persons nominated by the health forum of Ohio.~~ One member	6627
shall be the administrator of a hospital ~~that is not a trauma~~	6628
~~center~~located in this state. The governor shall appoint this	6629
member from among three persons nominated by OHA: the association	6630
for hospitals and health systems, three persons nominated by the	6631
Ohio osteopathic association, and three persons nominated by the	6632
association of Ohio children's hospitals~~, and three persons~~	6633
~~nominated by the health forum of Ohio~~. One member shall be a	6634
~~registered nurse~~an adult or pediatric trauma program manager or	6635
trauma program director who is involved in the ~~active practice of~~	6636
~~emergency nursing~~daily management of a verified trauma center.	6637
The governor shall appoint this member from among three persons	6638
nominated by the Ohio nurses association, three persons nominated	6639
by the Ohio society of trauma nurse leaders, and three persons	6640
nominated by the Ohio state council of the emergency nurses	6641
association. One member shall be the chief of a fire department	6642
that is also an emergency medical service organization in which	6643
more than fifty per cent of the persons who provide emergency	6644
medical services are full-time paid employees. The governor shall	6645
appoint this member from among three persons nominated by the Ohio	6646
fire chiefs' association. One member shall be the chief of a fire	6647
department that is also an emergency medical service organization	6648
in which more than fifty per cent of the persons who provide	6649
emergency medical services are volunteers. The governor shall	6650
appoint this member from among three persons nominated by the Ohio	6651
fire chiefs' association. One member shall be a person who is	6652
certified to teach under section 4765.23 of the Revised Code ~~or,~~	6653
~~if the board has not yet certified persons to teach under that~~	6654
~~section, a person who is qualified to be certified to teach under~~	6655
~~that section~~and holds a valid certificate to practice as an EMT,	6656
AEMT, or paramedic. The governor shall appoint this member from	6657
among three persons nominated by the Ohio emergency medical	6658
technician instructors association and the Ohio	6659
instructor/coordinators' society. One member shall be an	6660
~~EMT-basic, one shall be an EMT-I, and one~~EMT, AEMT, or paramedic,	6661
and one member shall be a paramedic. The governor shall appoint	6662
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	6663
AEMTs and three paramedics nominated by the Ohio association of	6664
professional fire fighters and three ~~EMTs-basic~~EMTs, three ~~EMTs-I~~	6665
AEMTs, and three paramedics nominated by the northern Ohio fire	6666
fighters. One member shall be an ~~EMT-basic, one shall be an~~	6667
~~EMT-I, and one~~EMT, AEMT, or paramedic, and one member shall be a	6668
paramedic ~~whom the~~. The governor shall appoint these members	6669
from among three ~~EMTs-basic, three EMTs-I,~~EMTs or AEMTs and	6670
three paramedics nominated by the Ohio state firefighter's	6671
association. One member shall be a person whom the governor shall	6672
appoint from among an ~~EMT-basic, an EMT-I, and~~EMT, AEMT, or a	6673
paramedic nominated by the Ohio association of emergency medical	6674
services or the Ohio ambulance and medical transportation	6675
association. One member shall be an EMT, AEMT, or a paramedic,	6676
whom the governor shall appoint from among three persons nominated	6677
by the Ohio ambulance and medical transportation association. One	6678
member shall be a paramedic, whom the governor shall appoint from	6679
among three persons nominated by the Ohio ambulance and medical	6680
transportation association. ~~The governor shall appoint one member~~	6681
~~who is an EMT-basic, EMT-I, or paramedic affiliated with an~~	6682
~~emergency medical services organization. One member shall be a~~	6683
~~member of the Ohio ambulance association whom the governor shall~~	6684
~~appoint from among three persons nominated by the Ohio ambulance~~	6685
~~association. One member shall be a physician certified by the~~	6686
~~American board of surgery, American board of osteopathic surgery,~~	6687
~~American osteopathic board of emergency medicine, or American~~	6688
~~board of emergency medicine who is the chief medical officer of an~~	6689
~~air medical agency and is currently active in providing emergency~~	6690
~~medical services. The governor shall appoint this member from~~	6691
~~among three persons nominated by the Ohio association of air~~	6692
~~medical services.~~One member shall be the owner or operator of a	6693
private emergency medical service organization whom the governor	6694
shall appoint from among three persons nominated by the Ohio	6695
ambulance and medical transportation association. One member shall	6696
be a provider of mobile intensive care unit transportation in this	6697
state whom the governor shall appoint from among three persons	6698
nominated by the Ohio association of critical care transport. One	6699
member shall be a provider of air-medical transportation in this	6700
state whom the governor shall appoint from among three persons	6701
nominated by the Ohio association of critical care transport. One	6702
member shall be the owner or operator of a nonemergency medical	6703
service organization in this state that provides ambulette	6704
services whom the governor shall appoint from among three persons	6705
nominated by the Ohio ambulance and medical transportation	6706
association.	6707

The governor may refuse to appoint any of the persons	6708
nominated by one or more organizations under division (A)(2) of	6709
this section, except the employee of the department of public	6710
safety designated by the director of public safety under this	6711
section to be a member of the board. In that event, the	6712
organization or organizations shall continue to nominate the	6713
required number of persons until the governor appoints to the	6714
board one or more of the persons nominated by the organization or	6715
organizations.	6716

The director of public safety shall designate an employee of	6717
the department of public safety to serve as a member of the board	6718
at the director's pleasure. This member shall serve as a liaison	6719
between the department and the division of emergency medical	6720
services in cooperation with the executive director of the board.	6721

~~Initial appointments to the board by the governor and the~~	6722
~~director of public safety shall be made within ninety days after~~	6723
~~November 12, 1992. Of the initial appointments by the governor,~~	6724
~~five shall be for terms ending one year after November 12, 1992,~~	6725
~~six shall be for terms ending two years after November 12, 1992,~~	6726
~~and six shall be for terms ending three years after November 12,~~	6727
~~1992. Within ninety days after the effective date of this~~	6728
~~amendment, the governor shall appoint the member of the board who~~	6729
~~is the chief medical officer of an air medical agency for an~~	6730
~~initial term ending November 12, 2000. Thereafter, terms~~	6731

(B) Terms of office of all members appointed by the governor	6732
shall be for three years, each term ending on the same day of the	6733
same month as did the term it succeeds. Each member shall hold	6734
office from the date of appointment until the end of the term for	6735
which the member was appointed. A member shall continue in office	6736
subsequent to the expiration date of the member's term until the	6737
member's successor takes office, or until a period of sixty days	6738
has elapsed, whichever occurs first.	6739

Each vacancy shall be filled in the same manner as the	6740
original appointment. A member appointed to fill a vacancy	6741
occurring prior to the expiration of the term for which the	6742
member's predecessor was appointed shall hold office for the	6743
remainder of the unexpired term.	6744

The term of a member shall expire if the member ceases to	6745
meet any of the requirements to be appointed as that member. The	6746
governor may remove any member from office for neglect of duty,	6747
malfeasance, misfeasance, or nonfeasance, after an adjudication	6748
hearing held in accordance with Chapter 119. of the Revised Code.	6749

(C) The members of the board shall serve without compensation	6750
but shall be reimbursed for their actual and necessary expenses	6751
incurred in carrying out their duties as board members.	6752

(D) The board shall organize by annually selecting a chair	6753
and vice-chair from among its members. The board may adopt bylaws	6754
to regulate its affairs. A majority of all members of the board	6755
shall constitute a quorum. No action shall be taken without the	6756
concurrence of a majority of all members of the board. The board	6757
shall meet at least four times annually and at the call of the	6758
chair. The chair shall call a meeting on the request of the	6759
executive director or the medical director of the board or on the	6760
written request of five members. The board shall maintain written	6761
or electronic records of its meetings.	6762

(E) Upon twenty-four hours' notice from a member of the	6763
board, the member's employer shall release the member from the	6764
member's employment duties to attend meetings of the full board.	6765
Nothing in this ~~paragraph~~division requires the employer of a	6766
member of the board to compensate the member for time the member	6767
is released from employment duties under this paragraph, but any	6768
civil immunity, workers' compensation, disability, or similar	6769
coverage that applies to a member of the board as a result of the	6770
member's employment shall continue to apply while the member is	6771
released from employment duties under this paragraph.	6772

Sec. 4765.03. (A) The director of public safety shall	6773
appoint a full-time executive director for the state board of	6774
emergency medical, fire, and transportation services. The	6775
executive director shall be knowledgeable in emergency medical	6776
services and trauma care and shall serve at the pleasure of the	6777
director of public safety. The director of public safety shall	6778
appoint the executive director from among three persons nominated	6779
by the board. The director of public safety may refuse, for cause,	6780
to appoint any of the board's nominees. If the director fails to	6781
appoint any of the board's nominees, the board shall continue to	6782
nominate groups of three persons until the director does appoint	6783
one of the board's nominees. The executive director shall serve as	6784
the chief executive officer of the board and as the executive	6785
director of the division of emergency medical services. The	6786
executive director shall attend each meeting of the board, except	6787
the board may exclude the executive director from discussions	6788
concerning the employment or performance of the executive director	6789
or medical director of the board. The executive director shall	6790
give a surety bond to the state in such sum as the board	6791
determines, conditioned on the faithful performance of the duties	6792
of the executive director's office. The executive director shall	6793
receive a salary from the board and shall be reimbursed for actual	6794
and necessary expenses incurred in carrying out duties as	6795
executive director.	6796

The executive director shall submit a report to the director	6797
of public safety at least every three months regarding the status	6798
of emergency medical services in this state. The executive	6799
director shall meet with the director of public safety at the	6800
director's request.	6801

(B) The board shall appoint a medical director, who shall	6802
serve at the pleasure of the board. The medical director shall be	6803
a physician certified by the American board of emergency medicine	6804
or the American osteopathic board of emergency medicine who is	6805
active in the practice of emergency medicine and has been actively	6806
involved with an emergency medical service organization for at	6807
least five years prior to being appointed. The board shall	6808
consider any recommendations for this appointment from the Ohio	6809
chapter of the American college of emergency physicians, the Ohio	6810
chapter of the American college of surgeons, the Ohio chapter of	6811
the American academy of pediatrics, the Ohio osteopathic	6812
association, and the Ohio state medical association.	6813

The medical director shall direct the executive director and	6814
advise the board with regard to adult and pediatric trauma and	6815
emergency medical services issues. The medical director shall	6816
attend each meeting of the board, except the board may exclude the	6817
medical director from discussions concerning the appointment or	6818
performance of the medical director or executive director of the	6819
board. The medical director shall be employed and paid by the	6820
board and shall be reimbursed for actual and necessary expenses	6821
incurred in carrying out duties as medical director.	6822

(C) The board may appoint employees as it determines	6823
necessary. The board shall prescribe the duties and titles of its	6824
employees.	6825

Sec. 4765.04. (A) The firefighter and fire safety inspector	6826
training committee of the state board of emergency medical, fire,	6827
and transportation services is hereby created and shall consist of	6828
the members of the board who are chiefs of fire departments, and	6829
the members of the board who are emergency medical	6830
technicians-basic, emergency medical technicians-intermediate, and	6831
emergency medical technicians-paramedic appointed from among	6832
persons nominated by the Ohio association of professional fire	6833
fighters or the northern Ohio fire fighters and from among persons	6834
nominated by the Ohio state firefighter's association. Each member	6835
of the committee, except the chairperson, may designate a person	6836
with fire experience to serve in that member's place. The members	6837
of the committee or their designees shall select a chairperson	6838
from among the members or their designees.	6839

The committee may conduct investigations in the course of	6840
discharging its duties under this chapter. In the course of an	6841
investigation, the committee may issue subpoenas. If a person	6842
subpoenaed fails to comply with the subpoena, the committee may	6843
authorize its chairperson to apply to the court of common pleas in	6844
the county where the person to be subpoenaed resides for an order	6845
compelling compliance in the same manner as compliance with a	6846
subpoena issued by the court is compelled.	6847

(B) The trauma committee of the state board of emergency	6848
medical, fire, and transportation services is hereby created and	6849
shall consist of the following members appointed by the director	6850
of public safety:	6851

(1) A physician who is certified by the American board of	6852
surgery or American osteopathic board of surgery and actively	6853
practices general trauma surgery, appointed from among three	6854
persons nominated by the Ohio chapter of the American college of	6855
surgeons, three persons nominated by the Ohio state medical	6856
association, and three persons nominated by the Ohio osteopathic	6857
association;	6858

(2) A physician who is certified by the American board of	6859
surgery or the American osteopathic board of surgery and actively	6860
practices orthopedic trauma surgery, appointed from among three	6861
persons nominated by the Ohio orthopedic society and three persons	6862
nominated by the Ohio osteopathic association;	6863

(3) A physician who is certified by the American board of	6864
neurological surgeons or the American osteopathic board of surgery	6865
and actively practices neurosurgery on trauma victims, appointed	6866
from among three persons nominated by the Ohio state neurological	6867
society and three persons nominated by the Ohio osteopathic	6868
association;	6869

(4) A physician who is certified by the American board of	6870
surgeons or American osteopathic board of surgeons and actively	6871
specializes in treating burn victims, appointed from among three	6872
persons nominated by the Ohio chapter of the American college of	6873
surgeons and three persons nominated by the Ohio osteopathic	6874
association;	6875

(5) A dentist who is certified by the American board of oral	6876
and maxillofacial surgery and actively practices oral and	6877
maxillofacial surgery, appointed from among three persons	6878
nominated by the Ohio dental association;	6879

(6) A physician who is certified by the American board of	6880
physical medicine and rehabilitation or American osteopathic board	6881
of rehabilitation medicine and actively provides rehabilitative	6882
care to trauma victims, appointed from among three persons	6883
nominated by the Ohio society of physical medicine and	6884
rehabilitation and three persons nominated by the Ohio osteopathic	6885
association;	6886

(7) A physician who is certified by the American board of	6887
surgery or American osteopathic board of surgery with special	6888
qualifications in pediatric surgery and actively practices	6889
pediatric trauma surgery, appointed from among three persons	6890
nominated by the Ohio chapter of the American academy of	6891
pediatrics and three persons nominated by the Ohio osteopathic	6892
association;	6893

(8) A physician who is certified by the American board of	6894
emergency medicine or American osteopathic board of emergency	6895
medicine, actively practices emergency medicine, and is actively	6896
involved in emergency medical services, appointed from among three	6897
persons nominated by the Ohio chapter of the American college of	6898
emergency physicians and three persons nominated by the Ohio	6899
osteopathic association;	6900

(9) A physician who is certified by the American board of	6901
pediatrics, American osteopathic board of pediatrics, or American	6902
board of emergency medicine, is sub-boarded in pediatric emergency	6903
medicine, actively practices pediatric emergency medicine, and is	6904
actively involved in emergency medical services, appointed from	6905
among three persons nominated by the Ohio chapter of the American	6906
academy of pediatrics, three persons nominated by the Ohio chapter	6907
of the American college of emergency physicians, and three persons	6908
nominated by the Ohio osteopathic association;	6909

(10) A physician who is certified by the American board of	6910
surgery, American osteopathic board of surgery, or American board	6911
of emergency medicine and is the chief medical officer of an air	6912
medical organization, appointed from among three persons nominated	6913
by the Ohio association of air medical services;	6914

(11) A coroner or medical examiner appointed from among three	6915
people nominated by the Ohio state coroners' association;	6916

(12) A registered nurse who actively practices trauma nursing	6917
at an adult or pediatric trauma center, appointed from among three	6918
persons nominated by the Ohio association of trauma nurse	6919
coordinators;	6920

(13) A registered nurse who actively practices emergency	6921
nursing and is actively involved in emergency medical services,	6922
appointed from among three persons nominated by the Ohio chapter	6923
of the emergency nurses' association;	6924

(14) The chief trauma registrar of an adult or pediatric	6925
trauma center, appointed from among three persons nominated by the	6926
alliance of Ohio trauma registrars;	6927

(15) The administrator of an adult or pediatric trauma	6928
center, appointed from among three persons nominated by OHA: the	6929
association for hospitals and health systems, three persons	6930
nominated by the Ohio osteopathic association, three persons	6931
nominated by the association of Ohio children's hospitals, and	6932
three persons nominated by the health forum of Ohio;	6933

(16) The administrator of a hospital that is not a trauma	6934
center and actively provides emergency care to adult or pediatric	6935
trauma patients, appointed from among three persons nominated by	6936
OHA: the association for hospitals and health systems, three	6937
persons nominated by the Ohio osteopathic association, three	6938
persons nominated by the association of Ohio children's hospitals,	6939
and three persons nominated by the health forum of Ohio;	6940

(17) The operator of an ambulance company that actively	6941
provides trauma care to emergency patients, appointed from among	6942
three persons nominated by the Ohio ambulance association;	6943

(18) The chief of a fire department that actively provides	6944
trauma care to emergency patients, appointed from among three	6945
persons nominated by the Ohio fire chiefs' association;	6946

(19) An EMT or paramedic who is certified under this chapter	6947
and actively provides trauma care to emergency patients, appointed	6948
from among three persons nominated by the Ohio association of	6949
professional firefighters, three persons nominated by the northern	6950
Ohio fire fighters, three persons nominated by the Ohio state	6951
firefighters' association, and three persons nominated by the Ohio	6952
association of emergency medical services;	6953

(20) A person who actively advocates for trauma victims,	6954
appointed from three persons nominated by the Ohio brain injury	6955
association and three persons nominated by the governor's council	6956
on people with disabilities;	6957

(21) A physician or nurse who has substantial administrative	6958
responsibility for trauma care provided in or by an adult or	6959
pediatric trauma center, appointed from among three persons	6960
nominated by OHA: the association for hospitals and health	6961
systems, three persons nominated by the Ohio osteopathic	6962
association, three persons nominated by the association of Ohio	6963
children's hospitals, and three persons nominated by the health	6964
forum of Ohio;	6965

(22) Three representatives of hospitals that are not trauma	6966
centers and actively provide emergency care to trauma patients,	6967
appointed from among three persons nominated by OHA: the	6968
association for hospitals and health systems, three persons	6969
nominated by the Ohio osteopathic association, three persons	6970
nominated by the association of Ohio children's hospitals, and	6971
three persons nominated by the health forum of Ohio. The	6972
representatives may be hospital administrators, physicians,	6973
nurses, or other clinical professionals.	6974

Members of the committee shall have substantial experience in	6975
the categories they represent, shall be residents of this state,	6976
and may be members of the state board of emergency medical, fire,	6977
and transportation services. In appointing members of the	6978
committee, the director shall attempt to include members	6979
representing urban and rural areas, various geographical areas of	6980
the state, and various schools of training. The director shall not	6981
appoint to the committee more than one member who is employed by	6982
or practices at the same hospital, health system, or emergency	6983
medical service organization.	6984

The director may refuse to appoint any of the persons	6985
nominated by an organization or organizations under this division.	6986
In that event, the organization or organizations shall continue to	6987
nominate the required number of persons until the director	6988
appoints to the committee one or more of the persons nominated by	6989
the organization or organizations.	6990

Initial appointments to the committee shall be made by the	6991
director not later than ninety days after November 3, 2000.	6992
Members of the committee shall serve at the pleasure of the	6993
director, except that any member of the committee who ceases to be	6994
qualified for the position to which the member was appointed shall	6995
cease to be a member of the committee. Vacancies on the committee	6996
shall be filled in the same manner as original appointments.	6997

The members of the committee shall serve without compensation	6998
but shall be reimbursed for actual and necessary expenses incurred	6999
in carrying out duties as members of the committee.	7000

The committee shall select a chairperson and vice-chairperson	7001
from among its members. A majority of all members of the committee	7002
shall constitute a quorum. No action shall be taken without the	7003
concurrence of a majority of all members of the committee. The	7004
committee shall meet at the call of the chair, upon written	7005
request of five members of the committee, and at the direction of	7006
the state board of emergency medical, fire, and transportation	7007
services. The committee shall not meet at times or locations that	7008
conflict with meetings of the board. The executive director and	7009
medical director of the state board of emergency medical, fire,	7010
and transportation services may participate in any meeting of the	7011
committee and shall do so at the request of the committee.	7012

The committee shall advise and assist the state board of	7013
emergency medical, fire, and transportation services in matters	7014
related to adult and pediatric trauma care and the establishment	7015
and operation of the state trauma registry. In matters relating to	7016
the state trauma registry, the board and the committee shall	7017
consult with trauma registrars from adult and pediatric trauma	7018
centers in the state. The committee may appoint a subcommittee to	7019
advise and assist with the trauma registry. The subcommittee may	7020
include persons with expertise relevant to the trauma registry who	7021
are not members of the board or committee.	7022

(C)(1) The medical transportation committee of the state	7023
board of emergency medical, fire, and transportation services is	7024
hereby created. The committee shall consist of members appointed	7025
by the board in accordance with rules adopted by the board. In	7026
appointing members of the committee, the board shall attempt to	7027
include members representing urban and rural areas and various	7028
geographical areas of the state, and shall ensure the members have	7029
substantial experience in the transportation of patients,	7030
including addressing the unique issues of mobile intensive care	7031
and air medical services. The members of the committee shall be	7032
residents of this state and may be members of the board. The	7033
members of the committee shall serve without compensation but	7034
shall be reimbursed for actual and necessary expenses incurred in	7035
carrying out duties as members of the committee. The committee	7036
shall select a chairperson and vice-chairperson from among its	7037
members. A majority of all members of the committee shall	7038
constitute a quorum. No action shall be taken without the	7039
concurrence of a majority of all members of the committee. The	7040
committee shall meet at the call of the chair and at the direction	7041
of the board. The committee shall not meet at times or locations	7042
that conflict with meetings of the board. The committee shall	7043
advise and assist the board in matters related to the licensing of	7044
nonemergency medical service, emergency medical service, and air	7045
medical service organizations in this state.	7046

(2) There is hereby created the critical care subcommittee of	7047
the medical transportation committee. The membership of the	7048
subcommittee and the conduct of the subcommittee's business shall	7049
conform to rules adopted by the board. The subcommittee shall	7050
advise and assist the committee and board in matters relating to	7051
mobile intensive care and air medical service organizations in	7052
this state.	7053

(D) The state board of emergency medical, fire, and	7054
transportation services may appoint other committees and	7055
subcommittees as it considers necessary.	7056

~~(D)~~(E) The state board of emergency medical, fire, and	7057
transportation services, and any of its committees or	7058
subcommittees, may request assistance from any state agency. The	7059
board and its committees and subcommittees may permit persons who	7060
are not members of those bodies to participate in deliberations of	7061
those bodies, but no person who is not a member of the board shall	7062
vote on the board and no person who is not a member of a committee	7063
created under division (A) or, (B), or (C) of this section shall	7064
vote on that committee.	7065

~~(E)~~(F) Sections 101.82 to 101.87 of the Revised Code do not	7066
apply to the committees established under ~~division~~divisions (A)	7067
or, (B), and (C) of this section.	7068

Sec. 4765.05. (A) As used in this section, "prehospital	7069
emergency medical services" means an emergency medical services	7070
system that provides medical services to patients who require	7071
immediate assistance, because of illness or injury, prior to their	7072
arrival at an emergency medical facility.	7073

(B) The state board of emergency medical, fire, and	7074
transportation services shall divide the state geographically into	7075
prehospital emergency medical services regions for purposes of	7076
overseeing the delivery of adult and pediatric prehospital	7077
emergency medical services. For each prehospital emergency medical	7078
services region, the state board of emergency medical, fire, and	7079
transportation services shall appoint either a physician to serve	7080
as the regional director or a physician advisory board to serve as	7081
the regional advisory board. The state board of emergency medical,	7082
fire, and transportation services shall specify the duties of each	7083
regional director and regional advisory board. Regional directors	7084
and members of regional advisory boards shall serve without	7085
compensation, but shall be reimbursed for actual and necessary	7086
expenses incurred in carrying out duties as regional directors and	7087
members of regional advisory boards.	7088

(C) Nothing in this section shall be construed to limit in	7089
any way the ability of a hospital to determine the market area of	7090
that hospital.	7091

Sec. 4765.06. (A) The state board of emergency medical,	7092
fire, and transportation services shall establish an emergency	7093
medical services incidence reporting system for the collection of	7094
information regarding the delivery of emergency medical services	7095
in this state and the frequency at which the services are	7096
provided. All emergency medical service organizations shall submit	7097
to the board any information that the board determines is	7098
necessary for maintaining the incidence reporting system.	7099

(B) The board shall establish a state trauma registry to be	7100
used for the collection of information regarding the care of adult	7101
and pediatric trauma victims in this state. The registry shall	7102
provide for the reporting of adult and pediatric trauma-related	7103
deaths, identification of adult and pediatric trauma patients,	7104
monitoring of adult and pediatric trauma patient care data,	7105
determination of the total amount of uncompensated adult and	7106
pediatric trauma care provided annually by each facility that	7107
provides care to trauma victims, and collection of any other	7108
information specified by the board. All persons designated by the	7109
board shall submit to the board any information it determines is	7110
necessary for maintaining the state trauma registry. At the	7111
request of the board any state agency possessing information	7112
regarding adult or pediatric trauma care shall provide the	7113
information to the board. The board shall maintain the state	7114
trauma registry in accordance with rules adopted under section	7115
4765.11 of the Revised Code.	7116

Rules relating to the state trauma registry adopted under	7117
this section and section 4765.11 of the Revised Code shall not	7118
prohibit the operation of other trauma registries and may provide	7119
for the reporting of information to the state trauma registry by	7120
or through other trauma registries in a manner consistent with	7121
information otherwise reported to the state trauma registry. Other	7122
trauma registries may report aggregate information to the state	7123
trauma registry, provided the information can be matched to the	7124
person that reported it. Information maintained by another trauma	7125
registry and reported to the state trauma registry in lieu of	7126
being reported directly to the state trauma registry is a public	7127
record and shall be maintained, made available to the public, held	7128
in confidence, risk adjusted, and not subject to discovery or	7129
introduction into evidence in a civil action as provided in	7130
section 149.43 of the Revised Code and this section. Any person	7131
who provides, maintains, or risk adjusts such information shall	7132
comply with this section and rules adopted under it in performing	7133
that function and has the same immunities with respect to that	7134
function as a person who performs that function with respect to	7135
the state trauma registry.	7136

(C) The board and any employee or contractor of the board or	7137
the department of public safety shall not make public information	7138
it receives under Chapter 4765. of the Revised Code that	7139
identifies or would tend to identify a specific recipient of	7140
emergency medical services or adult or pediatric trauma care.	7141

(D) Not later than two years after November 3, 2000, the	7142
board shall adopt and implement rules under section 4765.11 of the	7143
Revised Code that provide written standards and procedures for	7144
risk adjustment of information received by the board under Chapter	7145
4765. of the Revised Code. The rules shall be developed in	7146
consultation with appropriate medical, hospital, and emergency	7147
medical service organizations and may provide for risk adjustment	7148
by a contractor of the board. Except as provided in division (G)	7149
of this section, before risk adjustment standards and procedures	7150
are implemented, no member of the board and no employee or	7151
contractor of the board or the department of public safety shall	7152
make public information received by the board under Chapter 4765.	7153
of the Revised Code that identifies or would tend to identify a	7154
specific provider of emergency medical services or adult or	7155
pediatric trauma care. Except as provided in division (G) of this	7156
section, after risk adjustment standards and procedures are	7157
implemented, the board shall make public such information only on	7158
a risk adjusted basis.	7159

(E) The board shall adopt rules under section 4765.11 of the	7160
Revised Code that specify procedures for ensuring the	7161
confidentiality of information that is not to be made public under	7162
this section. The rules shall specify the circumstances in which	7163
deliberations of the persons performing risk adjustment functions	7164
under this section are not open to the public and records of those	7165
deliberations are maintained in confidence. Nothing in this	7166
section prohibits the board from making public statistical	7167
information that does not identify or tend to identify a specific	7168
recipient or provider of emergency medical services or adult or	7169
pediatric trauma care.	7170

(F) No provider that furnishes information to the board with	7171
respect to any patient the provider examined or treated shall,	7172
because of this furnishing, be deemed liable in damages to any	7173
person or be held to answer for betrayal of a professional	7174
confidence in the absence of willful or wanton misconduct. No such	7175
information shall be subject to introduction in evidence in any	7176
civil action against the provider. No provider that furnishes	7177
information to the board shall be liable for the misuse or	7178
improper release of the information by the board or any other	7179
person.	7180

No person who performs risk adjustment functions under this	7181
section shall, because of performing such functions, be held	7182
liable in a civil action for betrayal of professional confidence	7183
or otherwise in the absence of willful or wanton misconduct.	7184

(G) The board may transmit data that identifies or tends to	7185
identify a specific provider of emergency medical services care	7186
and has not been risk-adjusted from the emergency medical services	7187
incident reporting system directly to the national emergency	7188
medical services information system, pursuant to a written	7189
contract between the board and the federal agency that administers	7190
the national emergency medical services information system, which	7191
shall ensure to the maximum extent permitted by federal law that	7192
such agency shall use such data solely for inclusion in the	7193
national emergency medical services information system and shall	7194
not disclose such data to the public, through legal discovery, a	7195
freedom of information request, or otherwise, in a manner that	7196
identifies or tends to identify a specific provider of emergency	7197
medical services care.	7198

Sec. 4765.07. (A) The state board of emergency medical,	7199
fire, and transportation services shall adopt rules under section	7200
4765.11 of the Revised Code to establish and administer a grant	7201
program under which grants are distributed according to the	7202
following priorities:	7203

(1) First priority shall be given to emergency medical	7204
service organizations for the training of personnel, for the	7205
purchase of equipment and vehicles, and to improve the	7206
availability, accessibility, and quality of emergency medical	7207
services in this state. In this category, the board shall give	7208
priority to grants that fund training and equipping of emergency	7209
medical service personnel.	7210

(2) Second priority shall be given to entities that research,	7211
test, and evaluate medical procedures and systems related to adult	7212
and pediatric trauma care.	7213

(3) Third priority shall be given to entities that research	7214
the causes, nature, and effects of traumatic injuries, educate the	7215
public about injury prevention, and implement, test, and evaluate	7216
injury prevention strategies.	7217

(4) Fourth priority shall be given to entities that research,	7218
test, and evaluate procedures that promote the rehabilitation,	7219
retraining, and reemployment of adult or pediatric trauma victims	7220
and social service support mechanisms for adult or pediatric	7221
trauma victims and their families.	7222

(5) Fifth priority shall be given to entities that conduct	7223
research on, test, or evaluate one or more of the following:	7224

(a) Procedures governing the performance of emergency medical	7225
services in this state;	7226

(b) The training of emergency medical service personnel;

7227

7228

(6) For grants distributed for the grant award years	7229
occurring not later than the award year ending June 30, 2017,	7230
sixth priority shall be given to entities that operate paramedic	7231
training programs and are seeking national accreditation of the	7232
programs.	7233

(B) To be eligible for a grant distributed pursuant to	7234
division (A)(6) of this section, an applicant for the grant shall	7235
meet all of the following conditions:	7236

(1) Hold a certificate of accreditation issued by the board	7237
under section 4765.17 of the Revised Code to operate a paramedic	7238
training program;	7239

(2) Be seeking initial national accreditation of the program	7240
from an accrediting organization approved by the board;	7241

(3) Apply for the national accreditation on or after February	7242
25, 2010.	7243

(C) The grant program shall be funded from the trauma and	7244
emergency medical services fund created by section 4513.263 of the	7245
Revised Code.	7246

Sec. 4765.08. The state board of emergency medical, fire,	7247
and transportation services shall prepare a statewide emergency	7248
medical services plan and shall revise the plan as necessary.	7249

The board shall prepare a plan for the statewide regulation	7250
of emergency medical services during periods of disaster. The plan	7251
shall be consistent with the statewide emergency medical services	7252
plan required under this section and with the statewide emergency	7253
operations plan required under section 5502.22 of the Revised	7254
Code. The board shall submit the plan to the emergency management	7255
agency created under section 5502.22 of the Revised Code. The	7256
board shall cooperate with the agency in any other manner the	7257
agency considers necessary to develop and implement the statewide	7258
emergency operations plan.	7259

Sec. 4765.09. The state board of emergency medical, fire,	7260
and transportation services shall prepare recommendations for the	7261
operation of ambulance service organizations, air medical	7262
organizations, and emergency medical service organizations. Within	7263
thirty days following the preparation or modification of	7264
recommendations, the board shall notify the board of county	7265
commissioners of any county, the board of township trustees of any	7266
township, the board of trustees of any joint ambulance district,	7267
or the board of trustees of any joint emergency medical services	7268
district in which there exist ambulance service organizations, air	7269
medical organizations, or emergency medical service organizations	7270
of any board recommendations for the operation of such	7271
organizations. The recommendations shall include, but not be	7272
limited to:	7273

(A) The definition and classification of ambulances and	7274
medical aircraft;	7275

(B) The design, equipment, and supplies for ambulances and	7276
medical aircraft, including special equipment, supplies, training,	7277
and staffing required to assist pediatric and geriatric emergency	7278
victims;	7279

(C) The minimum number and type of personnel for the	7280
operation of ambulances and medical aircraft;	7281

(D) The communication systems necessary for the operation of	7282
ambulances and medical aircraft;	7283

(E) Reports to be made by persons holding certificates of	7284
accreditation or approval issued under section 4765.17 of the	7285
Revised Code and certificates to practice issued under section	7286
4765.30 of the Revised Code to ascertain compliance with this	7287
chapter and the rules and recommendations adopted thereunder and	7288
to ascertain the quantity and quality of ambulance service	7289
organizations, air medical organizations, and emergency medical	7290
service organizations throughout the state.	7291

Sec. 4765.10. (A) The state board of emergency medical,	7292
fire, and transportation services shall do all of the following:	7293

(1) Administer and enforce the provisions of this chapter and	7294
the rules adopted under it;	7295

(2) Approve, in accordance with procedures established in	7296
rules adopted under section 4765.11 of the Revised Code,	7297
examinations that demonstrate competence to have a certificate to	7298
practice renewed without completing a continuing education	7299
program;	7300

(3) Advise applicants for state or federal emergency medical	7301
services funds, review and comment on applications for these	7302
funds, and approve the use of all state and federal funds	7303
designated solely for emergency medical service programs unless	7304
federal law requires another state agency to approve the use of	7305
all such federal funds;	7306

(4) Serve as a statewide clearinghouse for discussion,	7307
inquiry, and complaints concerning emergency medical services;	7308

(5) Make recommendations to the general assembly on	7309
legislation to improve the delivery of emergency medical services;	7310

(6) Maintain a toll-free long distance telephone number	7311
through which it shall respond to questions about emergency	7312
medical services;	7313

(7) Work with appropriate state offices in coordinating the	7314
training of firefighters and emergency medical service personnel.	7315
Other state offices that are involved in the training of	7316
firefighters or emergency medical service personnel shall	7317
cooperate with the board and its committees and subcommittees to	7318
achieve this goal.	7319

(8) Provide a liaison to the state emergency operation center	7320
during those periods when a disaster, as defined in section	7321
5502.21 of the Revised Code, has occurred in this state and the	7322
governor has declared an emergency as defined in that section.	7323

(B) The board may do any of the following:

7324

(1) Investigate complaints concerning emergency medical	7325
services and emergency medical service organizations as it	7326
determines necessary;	7327

(2) Enter into reciprocal agreements with other states that	7328
have standards for accreditation of emergency medical services	7329
training programs and for certification of first responders,	7330
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	7331
inspectors that are substantially similar to those established	7332
under this chapter and the rules adopted under it;	7333

(3) Establish a statewide public information system and	7334
public education programs regarding emergency medical services;	7335

(4) Establish an injury prevention program.

7336

(C) The state board of emergency medical, fire, and	7337
transportation services shall not regulate any profession that	7338
otherwise is regulated by another board, commission, or similar	7339
regulatory entity.	7340

Sec. 4765.101. (A) The state board of emergency medical,	7341
fire, and transportation services shall investigate any allegation	7342
that a person has violated this chapter or a rule adopted under	7343
it.	7344

Any person may submit to the board a written complaint	7345
regarding an alleged violation of this chapter or a rule adopted	7346
under it. In the absence of fraud or bad faith, no person	7347
submitting a complaint to the board or testifying in an	7348
adjudication hearing conducted in accordance with Chapter 119. of	7349
the Revised Code with regard to such an alleged violation shall be	7350
liable to any person in damages in a civil action as a result of	7351
submitting the complaint or providing testimony.	7352

(B) In investigating an allegation, the board may do any of	7353
the following:	7354

(1) Administer oaths;

7355

(2) Order the taking of depositions;

7356

(3) Issue subpoenas;

7357

(4) Compel the attendance of witnesses and production of	7358
books, accounts, papers, records, documents, and testimony.	7359

(C) A subpoena for patient record information shall not be	7360
issued without consultation with the attorney general's office and	7361
approval of the executive director of the board. Before issuance	7362
of a subpoena for patient record information, the executive	7363
director shall determine whether there is probable cause to	7364
believe that the complaint filed alleges a violation of this	7365
chapter or any rule adopted under it and that the records sought	7366
are relevant to the alleged violation and material to the	7367
investigation. The subpoena may apply only to records that cover a	7368
reasonable period of time surrounding the alleged violation.	7369

(D) On failure to comply with any subpoena issued by the	7370
board and after reasonable notice to the person being subpoenaed,	7371
the board may move, pursuant to the Rules of Civil Procedure, for	7372
an order compelling the production of persons or records.	7373

(E) A subpoena issued by the board may be served by a	7374
sheriff, the sheriff's deputy, or an investigator for the division	7375
of emergency medical services of the department of public safety.	7376
Service of a subpoena issued by the board may be made by	7377
delivering a copy of the subpoena to the person named in it,	7378
reading it to the person, or leaving it at the person's usual	7379
place of residence. When the person being served is an individual	7380
authorized by this chapter to practice emergency medical services,	7381
service of the subpoena may be made by certified mail, restricted	7382
delivery, return receipt requested, and the subpoena shall be	7383
deemed served on the date delivery is made or on the date that the	7384
person refuses to accept delivery.	7385

Sec. 4765.102. (A) As used in this section, "licensing	7386
agency" means any entity that has the authority pursuant to Title	7387
XLVII of the Revised Code to issue a license, and any other agency	7388
of this or another state, other than the Ohio supreme court, that	7389
has the authority to issue a license that authorizes an individual	7390
to engage in an occupation or profession. "Licensing agency"	7391
includes an administrative officer that has authority to issue a	7392
license that authorizes an individual to engage in an occupation	7393
or profession.	7394

(B) Except as provided in divisions (C) and (D) of this	7395
section and section 4765.111 of the Revised Code, all information	7396
the state board of emergency medical, fire, and transportation	7397
services receives pursuant to an investigation, including	7398
information regarding an alleged violation of this chapter or	7399
rules adopted under it or a complaint submitted under division (A)	7400
of section 4765.101 of the Revised Code, is confidential, and is	7401
not subject to discovery in any civil action, during the course of	7402
the investigation and any adjudication proceedings that result	7403
from the investigation. Upon completion of the investigation and	7404
any resulting adjudication proceedings, the information is a	7405
matter of public record for purposes of section 149.43 of the	7406
Revised Code.	7407

(C) The board may release information otherwise made	7408
confidential by division (B) of this section to law enforcement	7409
officers or licensing agencies of this or another state that are	7410
prosecuting, adjudicating, or investigating the holder of a	7411
certificate issued under this chapter or a person who allegedly	7412
engaged in the unauthorized provision of emergency medical	7413
services.	7414

A law enforcement officer or licensing agency with	7415
information disclosed by the board under this division shall not	7416
divulge the information other than for the purpose of an	7417
adjudication by a court or licensing agency to which the subject	7418
of the adjudication is a party.	7419

(D) If an investigation conducted under section 4765.101 of	7420
the Revised Code requires a review of patient records, the	7421
investigation and proceedings related to it shall be conducted in	7422
such a manner as to protect patient confidentiality. The board	7423
shall not make public the name or any other identifying	7424
information about a patient unless proper consent is given in	7425
accordance with rules adopted by the board. If the patient is less	7426
than eighteen years of age, the board shall obtain consent from	7427
the patient's parent, guardian, or custodian.	7428

Sec. 4765.11. (A) The state board of emergency medical,	7429
fire, and transportation services shall adopt, and may amend and	7430
rescind, rules in accordance with Chapter 119. of the Revised Code	7431
and division (C) of this section that establish all of the	7432
following:	7433

(1) Procedures for its governance and the control of its	7434
actions and business affairs;	7435

(2) Standards for the performance of emergency medical	7436
services by first responders, emergency medical technicians-basic,	7437
emergency medical technicians-intermediate, and emergency medical	7438
technicians-paramedic;	7439

(3) Application fees for certificates of accreditation,	7440
certificates of approval, certificates to teach, and certificates	7441
to practice, which shall be deposited into the trauma and	7442
emergency medical services fund created in section 4513.263 of the	7443
Revised Code;	7444

(4) Criteria for determining when the application or renewal	7445
fee for a certificate to practice may be waived because an	7446
applicant cannot afford to pay the fee;	7447

(5) Procedures for issuance and renewal of certificates of	7448
accreditation, certificates of approval, certificates to teach,	7449
and certificates to practice, including any procedures necessary	7450
to ensure that adequate notice of renewal is provided in	7451
accordance with division (D) of section 4765.30 of the Revised	7452
Code;	7453

(6) Procedures for suspending or revoking certificates of	7454
accreditation, certificates of approval, certificates to teach,	7455
and certificates to practice;	7456

(7) Grounds for suspension or revocation of a certificate to	7457
practice issued under section 4765.30 of the Revised Code and for	7458
taking any other disciplinary action against a first responder,	7459
EMT-basic, EMT-I, or paramedic;	7460

(8) Procedures for taking disciplinary action against a first	7461
responder, EMT-basic, EMT-I, or paramedic;	7462

(9) Standards for certificates of accreditation and	7463
certificates of approval;	7464

(10) Qualifications for certificates to teach;

7465

(11) Requirements for a certificate to practice;

7466

(12) The curricula, number of hours of instruction and	7467
training, and instructional materials to be used in adult and	7468
pediatric emergency medical services training programs and adult	7469
and pediatric emergency medical services continuing education	7470
programs;	7471

(13) Procedures for conducting courses in recognizing	7472
symptoms of life-threatening allergic reactions and in calculating	7473
proper dosage levels and administering injections of epinephrine	7474
to adult and pediatric patients who suffer life-threatening	7475
allergic reactions;	7476

(14) Examinations for certificates to practice;

7477

(15) Procedures for administering examinations for	7478
certificates to practice;	7479

(16) Procedures for approving examinations that demonstrate	7480
competence to have a certificate to practice renewed without	7481
completing an emergency medical services continuing education	7482
program;	7483

(17) Procedures for granting extensions and exemptions of	7484
emergency medical services continuing education requirements;	7485

(18) Procedures for approving the additional emergency	7486
medical services first responders are authorized by division (C)	7487
of section 4765.35 of the Revised Code to perform, EMTs-basic are	7488
authorized by division (C) of section 4765.37 of the Revised Code	7489
to perform, EMTs-I are authorized by division (B)(5) of section	7490
4765.38 of the Revised Code to perform, and paramedics are	7491
authorized by division (B)(6) of section 4765.39 of the Revised	7492
Code to perform;	7493

(19) Standards and procedures for implementing the	7494
requirements of section 4765.06 of the Revised Code, including	7495
designations of the persons who are required to report information	7496
to the board and the types of information to be reported;	7497

(20) Procedures for administering the emergency medical	7498
services grant program established under section 4765.07 of the	7499
Revised Code;	7500

(21) Procedures consistent with Chapter 119. of the Revised	7501
Code for appealing decisions of the board;	7502

(22) Minimum qualifications and peer review and quality	7503
improvement requirements for persons who provide medical direction	7504
to emergency medical service personnel;	7505

(23) The manner in which a patient, or a patient's parent,	7506
guardian, or custodian may consent to the board releasing	7507
identifying information about the patient under division (D) of	7508
section 4765.102 of the Revised Code;	7509

(24) Circumstances under which a training program or	7510
continuing education program, or portion of either type of	7511
program, may be taught by a person who does not hold a certificate	7512
to teach issued under section 4765.23 of the Revised Code;	7513

(25) Certification cycles for certificates issued under	7514
sections 4765.23 and 4765.30 of the Revised Code and certificates	7515
issued by the executive director of the state board of emergency	7516
medical, fire, and transportation services under section 4765.55	7517
of the Revised Code that establish a common expiration date for	7518
all certificates.	7519

(B) The board may adopt, and may amend and rescind, rules in	7520
accordance with Chapter 119. of the Revised Code and division (C)	7521
of this section that establish the following:	7522

(1) Specifications of information that may be collected under	7523
the trauma system registry and incidence reporting system created	7524
under section 4765.06 of the Revised Code;	7525

(2) Standards and procedures for implementing any of the	7526
recommendations made by any committees of the board or under	7527
section 4765.04 of the Revised Code;	7528

(3) Requirements that a person must meet to receive a	7529
certificate to practice as a first responder pursuant to division	7530
(A)(2) of section 4765.30 of the Revised Code;	7531

(4) Any other rules necessary to implement this chapter.

7532

(C) In developing and administering rules adopted under this	7533
chapter, the state board of emergency medical, fire, and	7534
transportation services shall consult with regional directors and	7535
regional physician advisory boards created by section 4765.05 of	7536
the Revised Code and emphasize the special needs of pediatric and	7537
geriatric patients.	7538

(D) Except as otherwise provided in this division, before	7539
adopting, amending, or rescinding any rule under this chapter, the	7540
board shall submit the proposed rule to the director of public	7541
safety for review. The director may review the proposed rule for	7542
not more than sixty days after the date it is submitted. If,	7543
within this sixty-day period, the director approves the proposed	7544
rule or does not notify the board that the rule is disapproved,	7545
the board may adopt, amend, or rescind the rule as proposed. If,	7546
within this sixty-day period, the director notifies the board that	7547
the proposed rule is disapproved, the board shall not adopt,	7548
amend, or rescind the rule as proposed unless at least twelve	7549
members of the board vote to adopt, amend, or rescind it.	7550

This division does not apply to an emergency rule adopted in	7551
accordance with section 119.03 of the Revised Code.	7552

Sec. 4765.111. Except as provided in this section or sections	7553
4765.112 to 4765.116 of the Revised Code, the state board of	7554
emergency medical, fire, and transportation services shall conduct	7555
disciplinary proceedings regarding the holder of a certificate	7556
issued under this chapter in accordance with rules adopted by the	7557
board under section 4765.11 of the Revised Code.	7558

The board and a holder of a certificate are the parties to a	7559
hearing conducted under this chapter. Either party may submit a	7560
written request to the other party for a list of witnesses and	7561
copies of documents intended to be introduced at the hearing. The	7562
request shall be in writing and shall be served not less than	7563
thirty-seven days prior to the commencement of the hearing, unless	7564
the hearing officer or presiding board member grants an extension	7565
of time to make the request. Not later than thirty days before the	7566
hearing, the responding party shall provide the requested list of	7567
witnesses and copies of documents to the requesting party, unless	7568
the hearing officer or presiding board member grants an extension	7569
of time to provide the list and copies.	7570

Failure to timely provide a list or copies requested in	7571
accordance with this section shall result in exclusion from the	7572
hearing of the witnesses, testimony, or documents.	7573

Sec. 4765.112. (A) The state board of emergency medical,	7574
fire, and transportation services, by an affirmative vote of the	7575
majority of its members, may suspend without a prior hearing a	7576
certificate to practice issued under this chapter if the board	7577
determines that there is clear and convincing evidence that	7578
continued practice by the certificate holder presents a danger of	7579
immediate and serious harm to the public and that the certificate	7580
holder has done any of the following:	7581

(1) Furnished false, fraudulent, or misleading information to	7582
the board;	7583

(2) Engaged in activities that exceed those permitted by the	7584
individual's certificate;	7585

(3) In a court of this or any other state or federal court	7586
been convicted of, pleaded guilty to, or been the subject of a	7587
judicial finding of guilt of, a judicial finding of guilt	7588
resulting from a plea of no contest to, or a judicial finding of	7589
eligibility for intervention in lieu of conviction for, a felony	7590
or for a misdemeanor committed in the course of practice or	7591
involving gross immorality or moral turpitude.	7592

(B) Immediately following the decision to impose a summary	7593
suspension, the board, in accordance with section 119.07 of the	7594
Revised Code, shall issue a written order of suspension, cause it	7595
to be delivered to the certificate holder, and notify the	7596
certificate holder of the opportunity for a hearing. If timely	7597
requested by the certificate holder, a hearing shall be conducted	7598
in accordance with section 4765.115 of the Revised Code.	7599

Sec. 4765.113. If the state board of emergency medical,	7600
fire, and transportation services imposes a suspension on the	7601
basis of a conviction, judicial finding, or plea as described in	7602
division (A)(3) of section 4765.112 of the Revised Code that is	7603
overturned on appeal, the certificate holder, on exhaustion of the	7604
criminal appeal process, may file with the board a petition for	7605
reconsideration of the suspension along with appropriate court	7606
documents. On receipt of the petition and documents, the board	7607
shall reinstate the certificate holder's certificate to practice.	7608

Sec. 4765.114. (A) A certificate to practice emergency	7609
medical services issued under this chapter is automatically	7610
suspended on the certificate holder's conviction of, plea of	7611
guilty to, or judicial finding of guilt of any of the following:	7612
aggravated murder, murder, voluntary manslaughter, felonious	7613
assault, kidnapping, rape, sexual battery, gross sexual	7614
imposition, aggravated arson, aggravated burglary, aggravated	7615
robbery, or a substantially equivalent offense committed in this	7616
or another jurisdiction. Continued practice after the suspension	7617
is practicing without a certificate.	7618

(B) If the state board of emergency medical, fire, and	7619
transportation services has knowledge that an automatic suspension	7620
has occurred, it shall notify, in accordance with section 119.07	7621
of the Revised Code, the certificate holder of the suspension and	7622
of the opportunity for a hearing. If timely requested by the	7623
certificate holder, a hearing shall be conducted in accordance	7624
with section 4765.115 of the Revised Code.	7625

Sec. 4765.115. (A) A suspension order issued under section	7626
4765.112 or automatic suspension under section 4765.114 of the	7627
Revised Code is not subject to suspension by a court prior to a	7628
hearing under this section or during the pendency of any appeal	7629
filed under section 119.12 of the Revised Code.	7630

(B) A suspension order issued under section 4765.112 or	7631
automatic suspension under section 4765.114 of the Revised Code	7632
remains in effect, unless reversed by the state board of emergency	7633
medical, fire, and transportation services, until a final	7634
adjudication order issued by the board pursuant to this section	7635
becomes effective.	7636

(C) Hearings requested pursuant to section 4765.112 or	7637
4765.114 of the Revised Code shall be conducted under this section	7638
in accordance with Chapter 119. of the Revised Code.	7639

(D) A hearing under this section shall be held not later than	7640
forty-five days but not earlier than forty days after the	7641
certificate holder requests it, unless another date is agreed to	7642
by the certificate holder and the board.	7643

(E) After completion of an adjudication hearing, the board	7644
may adopt, by an affirmative vote of the majority of its members,	7645
a final adjudication order that imposes any of the following	7646
sanctions:	7647

(1) Suspension of the holder's certificate to practice;

7648

(2) Revocation of the holder's certificate to practice;

7649

(3) Issuance of a written reprimand;

7650

(4) A refusal to renew or a limitation on the holder's	7651
certificate to practice.	7652

The board shall issue its final adjudication order not later	7653
than forty-five days after completion of an adjudication hearing.	7654
If the board does not issue a final order within that time period,	7655
the suspension order is void, but any final adjudication order	7656
subsequently issued is not affected.	7657

(F) Any action taken by the board under this section	7658
resulting in a suspension from practice shall be accompanied by a	7659
written statement of the conditions under which the certificate to	7660
practice may be reinstated. Reinstatement of a certificate	7661
suspended under this section requires an affirmative vote by the	7662
majority of the members of the board.	7663

(G) When the board revokes or refuses to reinstate a	7664
certificate to practice, the board may specify that its action is	7665
permanent. An individual subject to permanent action taken by the	7666
board is forever ineligible to hold a certificate of the type	7667
revoked or refused, and the board shall not accept from the	7668
individual an application for reinstatement of the certificate or	7669
for a new certificate.	7670

Sec. 4765.116. If a certificate holder subject to a	7671
suspension order issued by the state board of emergency medical,	7672
fire, and transportation services under section 4765.112 or an	7673
automatic suspension order under section 4765.114 of the Revised	7674
Code fails to make a timely request for a hearing, the following	7675
apply:	7676

(A) In the case of a certificate holder subject to a summary	7677
suspension order, the board is not required to hold a hearing, but	7678
may adopt, by an affirmative vote of a majority of its members, a	7679
final order that contains the board's findings. In the final	7680
order, the board may order any of the sanctions listed in division	7681
(E) of section 4765.115 of the Revised Code.	7682

(B) In the case of a certificate holder subject to an	7683
automatic suspension order, the board may adopt, by an affirmative	7684
vote of a majority of its members, a final order that permanently	7685
revokes the holder's certificate to practice.	7686

Sec. 4765.12. (A) Not later than two years after ~~the~~	7687
~~effective date of this section~~November 3, 2000, the state board	7688
of emergency medical, fire, and transportation services shall	7689
develop and distribute guidelines for the care of trauma victims	7690
by emergency medical service personnel and for the conduct of peer	7691
review and quality assurance programs by emergency medical service	7692
organizations. The guidelines shall be consistent with the state	7693
trauma triage protocols adopted in rules under sections 4765.11	7694
and 4765.40 of the Revised Code and shall place emphasis on the	7695
special needs of pediatric and geriatric trauma victims. In	7696
developing the guidelines, the board shall consult with entities	7697
with interests in trauma and emergency medical services and shall	7698
consider any relevant guidelines adopted by national	7699
organizations, including the American college of surgeons,	7700
American college of emergency physicians, and American academy of	7701
pediatrics. The board shall distribute the guidelines, and	7702
amendments to the guidelines, to each emergency medical service	7703
organization, regional director, regional physician advisory	7704
board, certified emergency medical service instructor, and person	7705
who regularly provides medical direction to emergency medical	7706
service personnel in this state.	7707

(B) Not later than three years after ~~the effective date of~~	7708
~~this section~~November 3, 2000, each emergency medical service	7709
organization in this state shall implement ongoing peer review and	7710
quality assurance programs designed to improve the availability	7711
and quality of the emergency medical services it provides. The	7712
form and content of the programs shall be determined by each	7713
emergency medical service organization. In implementing the	7714
programs, each emergency medical service organization shall	7715
consider how to improve its ability to provide effective trauma	7716
care, particularly for pediatric and geriatric trauma victims, and	7717
shall take into account the trauma care guidelines developed by	7718
the state board of emergency medical, fire, and transportation	7719
services under this section.	7720

Information generated solely for use in a peer review or	7721
quality assurance program conducted on behalf of an emergency	7722
medical service organization is not a public record under section	7723
149.43 of the Revised Code. Such information, and any discussion	7724
conducted in the course of a peer review or quality assurance	7725
program conducted on behalf of an emergency medical service	7726
organization, is not subject to discovery in a civil action and	7727
shall not be introduced into evidence in a civil action against	7728
the emergency medical service organization on whose behalf the	7729
information was generated or the discussion occurred.	7730

No emergency medical service organization on whose behalf a	7731
peer review or quality assurance program is conducted, and no	7732
person who conducts such a program, because of performing such	7733
functions, shall be liable in a civil action for betrayal of	7734
professional confidence or otherwise in the absence of willful or	7735
wanton misconduct.	7736

Sec. 4765.15. A person seeking to operate an emergency	7737
medical services training program shall submit a completed	7738
application for accreditation to the state board of emergency	7739
medical, fire, and transportation services on a form the board	7740
shall prescribe and furnish. The application shall be accompanied	7741
by the appropriate application fee established in rules adopted	7742
under section 4765.11 of the Revised Code.	7743

A person seeking to operate an emergency medical services	7744
continuing education program shall submit a completed application	7745
for approval to the board on a form the board shall prescribe and	7746
furnish. The application shall be accompanied by the appropriate	7747
application fee established in rules adopted under section 4765.11	7748
of the Revised Code.	7749

The board shall administer the accreditation and approval	7750
processes pursuant to rules adopted under section 4765.11 of the	7751
Revised Code. In administering these processes, the board may	7752
authorize other persons to evaluate applications for accreditation	7753
or approval and may accept the recommendations made by those	7754
persons.	7755

The board may cause an investigation to be made into the	7756
accuracy of the information submitted in any application for	7757
accreditation or approval. If an investigation indicates that	7758
false, misleading, or incomplete information has been submitted to	7759
the board in connection with any application for accreditation or	7760
approval, the board shall conduct a hearing on the matter in	7761
accordance with Chapter 119. of the Revised Code.	7762

Sec. 4765.16. (A) All courses offered through an emergency	7763
medical services training program or an emergency medical services	7764
continuing education program, other than ambulance driving, shall	7765
be developed under the direction of a physician who specializes in	7766
emergency medicine. Each course that deals with trauma care shall	7767
be developed in consultation with a physician who specializes in	7768
trauma surgery. Except as specified by the state board of	7769
emergency medical, fire, and transportation services pursuant to	7770
rules adopted under section 4765.11 of the Revised Code, each	7771
course offered through a training program or continuing education	7772
program shall be taught by a person who holds the appropriate	7773
certificate to teach issued under section 4765.23 of the Revised	7774
Code.	7775

(B) A training program for first responders shall meet the	7776
standards established in rules adopted by the board under section	7777
4765.11 of the Revised Code. The program shall include courses in	7778
both of the following areas for at least the number of hours	7779
established by the board's rules:	7780

(1) Emergency victim care;

7781

(2) Reading and interpreting a trauma victim's vital signs.

7782

(C) A training program for emergency medical	7783
technicians-basic shall meet the standards established in rules	7784
adopted by the board under section 4765.11 of the Revised Code.	7785
The program shall include courses in each of the following areas	7786
for at least the number of hours established by the board's rules:	7787

(1) Emergency victim care;

7788

(2) Reading and interpreting a trauma victim's vital signs;

7789

(3) Triage protocols for adult and pediatric trauma victims;

7790

(4) In-hospital training;

7791

(5) Clinical training;

7792

(6) Training as an ambulance driver.

7793

Each operator of a training program for emergency medical	7794
technicians-basic shall allow any pupil in the twelfth grade in a	7795
secondary school who is at least seventeen years old and who	7796
otherwise meets the requirements for admission into such a	7797
training program to be admitted to and complete the program and,	7798
as part of the training, to ride in an ambulance with emergency	7799
medical technicians-basic, emergency medical	7800
technicians-intermediate, and emergency medical	7801
technicians-paramedic. Each emergency medical service organization	7802
shall allow pupils participating in training programs to ride in	7803
an ambulance with emergency medical technicians-basic, advanced	7804
emergency medical technicians-intermediate, and emergency medical	7805
technicians-paramedic.	7806

(D) A training program for emergency medical	7807
technicians-intermediate shall meet the standards established in	7808
rules adopted by the board under section 4765.11 of the Revised	7809
Code. The program shall include, or require as a prerequisite, the	7810
training specified in division (C) of this section and courses in	7811
each of the following areas for at least the number of hours	7812
established by the board's rules:	7813

(1) Recognizing symptoms of life-threatening allergic	7814
reactions and in calculating proper dosage levels and	7815
administering injections of epinephrine to persons who suffer	7816
life-threatening allergic reactions, conducted in accordance with	7817
rules adopted by the board under section 4765.11 of the Revised	7818
Code;	7819

(2) Venous access procedures;

7820

(3) Cardiac monitoring and electrical interventions to	7821
support or correct the cardiac function.	7822

(E) A training program for emergency medical	7823
technicians-paramedic shall meet the standards established in	7824
rules adopted by the board under section 4765.11 of the Revised	7825
Code. The program shall include, or require as a prerequisite, the	7826
training specified in divisions (C) and (D) of this section and	7827
courses in each of the following areas for at least the number of	7828
hours established by the board's rules:	7829

(1) Medical terminology;

7830

(2) Venous access procedures;

7831

(3) Airway procedures;

7832

(4) Patient assessment and triage;

7833

(5) Acute cardiac care, including administration of	7834
parenteral injections, electrical interventions, and other	7835
emergency medical services;	7836

(6) Emergency and trauma victim care beyond that required	7837
under division (C) of this section;	7838

(7) Clinical training beyond that required under division (C)	7839
of this section.	7840

(F) A continuing education program for first responders,	7841
EMTs-basic, EMTs-I, or paramedics shall meet the standards	7842
established in rules adopted by the board under section 4765.11 of	7843
the Revised Code. A continuing education program shall include	7844
instruction and training in subjects established by the board's	7845
rules for at least the number of hours established by the board's	7846
rules.	7847

Sec. 4765.17. (A) The state board of emergency medical,	7848
fire, and transportation services shall issue the appropriate	7849
certificate of accreditation or certificate of approval to an	7850
applicant who is of good reputation and meets the requirements of	7851
section 4765.16 of the Revised Code. The board shall grant or deny	7852
a certificate of accreditation or certificate of approval within	7853
one hundred twenty days of receipt of the application. The board	7854
may issue or renew a certificate of accreditation or certificate	7855
of approval on a provisional basis to an applicant who is of good	7856
reputation and is in substantial compliance with the requirements	7857
of section 4765.16 of the Revised Code. The board shall inform an	7858
applicant receiving such a certificate of the conditions that must	7859
be met to complete compliance with section 4765.16 of the Revised	7860
Code.	7861

(B) Except as provided in division (C) of this section, a	7862
certificate of accreditation or certificate of approval is valid	7863
for up to five years and may be renewed by the board pursuant to	7864
procedures and standards established in rules adopted under	7865
section 4765.11 of the Revised Code. An application for renewal	7866
shall be accompanied by the appropriate renewal fee established in	7867
rules adopted under section 4765.11 of the Revised Code.	7868

(C) A certificate of accreditation or certificate of approval	7869
issued on a provisional basis is valid for the length of time	7870
established by the board. If the board finds that the holder of	7871
such a certificate has met the conditions it specifies under	7872
division (A) of this section, the board shall issue the	7873
appropriate certificate of accreditation or certificate of	7874
approval.	7875

(D) A certificate of accreditation is valid only for the	7876
emergency medical services training program or programs for which	7877
it is issued. The holder of a certificate of accreditation may	7878
apply to operate additional training programs in accordance with	7879
rules adopted by the board under section 4765.11 of the Revised	7880
Code. Any additional training programs shall expire on the	7881
expiration date of the applicant's current certificate. A	7882
certificate of approval is valid only for the emergency medical	7883
services continuing education program for which it is issued.	7884
Neither is transferable.	7885

(E) The holder of a certificate of accreditation or a	7886
certificate of approval may offer courses at more than one	7887
location in accordance with rules adopted under section 4765.11 of	7888
the Revised Code.	7889

Sec. 4765.18. The state board of emergency medical, fire,	7890
and transportation services may suspend or revoke a certificate of	7891
accreditation or a certificate of approval issued under section	7892
4765.17 of the Revised Code for any of the following reasons:	7893

(A) Violation of this chapter or any rule adopted under it;

7894

(B) Furnishing of false, misleading, or incomplete	7895
information to the board;	7896

(C) The signing of an application or the holding of a	7897
certificate of accreditation by a person who has pleaded guilty to	7898
or has been convicted of a felony, or has pleaded guilty to or	7899
been convicted of a crime involving moral turpitude;	7900

(D) The signing of an application or the holding of a	7901
certificate of accreditation by a person who is addicted to the	7902
use of any controlled substance or has been adjudicated	7903
incompetent for that purpose by a court, as provided in section	7904
5122.301 of the Revised Code;	7905

(E) Violation of any commitment made in an application for a	7906
certificate of accreditation or certificate of approval;	7907

(F) Presentation to prospective students of misleading,	7908
false, or fraudulent information relating to the emergency medical	7909
services training program or emergency medical services continuing	7910
education program, employment opportunities, or opportunities for	7911
enrollment in accredited institutions of higher education after	7912
entering or completing courses offered by the operator of a	7913
program;	7914

(G) Failure to maintain in a safe and sanitary condition	7915
premises and equipment used in conducting courses of study;	7916

(H) Failure to maintain financial resources adequate for the	7917
satisfactory conduct of courses of study or to retain a sufficient	7918
number of certified instructors;	7919

(I) Discrimination in the acceptance of students upon the	7920
basis of race, color, religion, sex, or national origin.	7921

Sec. 4765.22. A person seeking a certificate to teach in an	7922
emergency medical services training program or an emergency	7923
medical services continuing education program shall submit a	7924
completed application for certification to the state board of	7925
emergency medical, fire, and transportation services on a form the	7926
board shall prescribe and furnish. The application shall be	7927
accompanied by the appropriate application fee established in	7928
rules adopted under section 4765.11 of the Revised Code.	7929

Sec. 4765.23. The state board of emergency medical, fire,	7930
and transportation services shall issue a certificate to teach in	7931
an emergency medical services training program or an emergency	7932
medical services continuing education program to any applicant who	7933
it determines meets the qualifications established in rules	7934
adopted under section 4765.11 of the Revised Code. The certificate	7935
shall indicate each type of instruction and training the	7936
certificate holder may teach under the certificate.	7937

A certificate to teach shall have a certification cycle	7938
established by the board and may be renewed by the board pursuant	7939
to rules adopted under section 4765.11 of the Revised Code. An	7940
application for renewal shall be accompanied by the appropriate	7941
renewal fee established in rules adopted under section 4765.11 of	7942
the Revised Code.	7943

The board may suspend or revoke a certificate to teach	7944
pursuant to rules adopted under section 4765.11 of the Revised	7945
Code.	7946

Sec. 4765.28. A person seeking a certificate to practice as	7947
a first responder, emergency medical technician-basic, emergency	7948
medical technician-intermediate, or emergency medical	7949
technician-paramedic shall submit a completed application for	7950
certification to the state board of emergency medical, fire, and	7951
transportation services on a form the board shall prescribe and	7952
furnish. Except as provided in division (B) of section 4765.29 of	7953
the Revised Code, the application shall include evidence that the	7954
applicant received the appropriate certificate of completion	7955
pursuant to section 4765.24 of the Revised Code. The application	7956
shall be accompanied by the appropriate application fee	7957
established in rules adopted under section 4765.11 of the Revised	7958
Code, unless the board waives the fee on determining pursuant to	7959
those rules that the applicant cannot afford to pay the fee.	7960

Sec. 4765.29. (A) The state board of emergency medical,	7961
fire, and transportation services shall provide for the	7962
examination of applicants for certification to practice as first	7963
responders, emergency medical technicians-basic, emergency medical	7964
technicians-intermediate, and emergency medical	7965
technicians-paramedic. The examinations shall be established by	7966
the board in rules adopted under section 4765.11 of the Revised	7967
Code. The board may administer the examinations or contract with	7968
other persons to administer the examinations. In either case, the	7969
examinations shall be administered pursuant to procedures	7970
established in rules adopted under section 4765.11 of the Revised	7971
Code and shall be offered at various locations in the state	7972
selected by the board.	7973

Except as provided in division (B) of this section, an	7974
applicant shall not be permitted to take an examination for the	7975
same certificate to practice more than three times since last	7976
receiving the certificate of completion pursuant to section	7977
4765.24 of the Revised Code that qualifies the applicant to take	7978
the examination unless the applicant receives another certificate	7979
of completion that qualifies the applicant to take the	7980
examination.	7981

(B) On request of an applicant who fails three examinations	7982
for the same certificate to practice, the board may direct the	7983
applicant to complete a specific portion of an accredited	7984
emergency medical services training program. If the applicant	7985
provides satisfactory proof to the board that the applicant has	7986
successfully completed that portion of the program, the applicant	7987
shall be permitted to take the examination.	7988

Sec. 4765.30. (A)(1) The state board of emergency medical,	7989
fire, and transportation services shall issue a certificate to	7990
practice as a first responder to an applicant who meets all of the	7991
following conditions:	7992

(a) Except as provided in division (A)(2) of this section, is	7993
a volunteer for a nonprofit emergency medical service organization	7994
or a nonprofit fire department;	7995

(b) Holds the appropriate certificate of completion issued in	7996
accordance with section 4765.24 of the Revised Code;	7997

(c) Passes the appropriate examination conducted under	7998
section 4765.29 of the Revised Code;	7999

(d) Is not in violation of any provision of this chapter or	8000
the rules adopted under it;	8001

(e) Meets any other certification requirements established in	8002
rules adopted under section 4765.11 of the Revised Code.	8003

(2) The board may waive the requirement to be a volunteer for	8004
a nonprofit entity if the applicant meets other requirements	8005
established in rules adopted under division (B)(3) of section	8006
4765.11 of the Revised Code relative to a person's eligibility to	8007
practice as a first responder.	8008

(B) The state board of emergency medical, fire, and	8009
transportation services shall issue a certificate to practice as	8010
an emergency medical technician-basic to an applicant who meets	8011
all of the following conditions:	8012

(1) Holds a certificate of completion in emergency medical	8013
services training-basic issued in accordance with section 4765.24	8014
of the Revised Code;	8015

(2) Passes the examination for emergency medical	8016
technicians-basic conducted under section 4765.29 of the Revised	8017
Code;	8018

(3) Is not in violation of any provision of this chapter or	8019
the rules adopted under it;	8020

(4) Meets any other certification requirements established in	8021
rules adopted under section 4765.11 of the Revised Code.	8022

(C) The state board of emergency medical, fire, and	8023
transportation services shall issue a certificate to practice as	8024
an emergency medical technician-intermediate or emergency medical	8025
technician-paramedic to an applicant who meets all of the	8026
following conditions:	8027

(1) Holds a certificate to practice as an emergency medical	8028
technician-basic;	8029

(2) Holds the appropriate certificate of completion issued in	8030
accordance with section 4765.24 of the Revised Code;	8031

(3) Passes the appropriate examination conducted under	8032
section 4765.29 of the Revised Code;	8033

(4) Is not in violation of any provision of this chapter or	8034
the rules adopted under it;	8035

(5) Meets any other certification requirements established in	8036
rules adopted under section 4765.11 of the Revised Code.	8037

(D) A certificate to practice shall have a certification	8038
cycle established by the board and may be renewed by the board	8039
pursuant to rules adopted under section 4765.11 of the Revised	8040
Code. Not later than sixty days prior to the expiration date of an	8041
individual's certificate to practice, the board shall notify the	8042
individual of the scheduled expiration.	8043

An application for renewal shall be accompanied by the	8044
appropriate renewal fee established in rules adopted under section	8045
4765.11 of the Revised Code, unless the board waives the fee on	8046
determining pursuant to those rules that the applicant cannot	8047
afford to pay the fee. Except as provided in division (B) of	8048
section 4765.31 of the Revised Code, the application shall include	8049
evidence of either of the following:	8050

(1) That the applicant received a certificate of completion	8051
from the appropriate emergency medical services continuing	8052
education program pursuant to section 4765.24 of the Revised Code;	8053

(2) That the applicant has successfully passed an examination	8054
that demonstrates the competence to have a certificate renewed	8055
without completing an emergency medical services continuing	8056
education program. The board shall approve such examinations in	8057
accordance with rules adopted under section 4765.11 of the Revised	8058
Code.	8059

(E) The board shall not require an applicant for renewal of a	8060
certificate to practice to take an examination as a condition of	8061
renewing the certificate. This division does not preclude the use	8062
of examinations by operators of approved emergency medical	8063
services continuing education programs as a condition for issuance	8064
of a certificate of completion in emergency medical services	8065
continuing education.	8066

Sec. 4765.31. (A) Except as provided in division (B) of this	8067
section, a first responder, emergency medical technician-basic,	8068
emergency medical technician-intermediate, and emergency medical	8069
technician-paramedic shall complete an emergency medical services	8070
continuing education program or pass an examination approved by	8071
the state board of emergency medical, fire, and transportation	8072
services under division (A) of section 4765.10 of the Revised Code	8073
prior to the expiration of the individual's certificate to	8074
practice. Completion of the continuing education requirements for	8075
EMTs-I or paramedics satisfies the continuing education	8076
requirements for renewing the certificate to practice as an	8077
EMT-basic held by an EMT-I or paramedic.	8078

(B)(1) An applicant for renewal of a certificate to practice	8079
may apply to the board, in writing, for an extension to complete	8080
the continuing education requirements established under division	8081
(A) of this section. The board may grant such an extension and	8082
determine the length of the extension. The board may authorize the	8083
applicant to continue to practice during the extension as if the	8084
certificate to practice had not expired.	8085

(2) An applicant for renewal of a certificate to practice may	8086
apply to the board, in writing, for an exemption from the	8087
continuing education requirements established under division (A)	8088
of this section. The board may exempt an individual or a group of	8089
individuals from all or any part of the continuing education	8090
requirements due to active military service, unusual circumstance,	8091
emergency, special hardship, or any other cause considered	8092
reasonable by the board.	8093

(C) Decisions of whether to grant an extension or exemption	8094
under division (B) of this section shall be made by the board	8095
pursuant to procedures established in rules adopted under section	8096
4765.11 of the Revised Code.	8097

Sec. 4765.32. A current, valid certificate of accreditation	8098
issued under the provisions of former section 3303.11 or 3303.23	8099
of the Revised Code shall remain valid until one year after the	8100
expiration date of the certificate as determined by the provisions	8101
of those sections and shall confer the same privileges and impose	8102
the same responsibilities and requirements as a certificate of	8103
accreditation issued by the state board of emergency medical,	8104
fire, and transportation services under section 4765.17 of the	8105
Revised Code.	8106

A certificate to practice as an emergency medical	8107
technician-ambulance that is valid on November 24, 1995, shall be	8108
considered a certificate to practice as an emergency medical	8109
technician-basic. A certificate to practice as an advanced	8110
emergency medical technician-ambulance that is valid on November	8111
24, 1995, shall be considered a certificate to practice as an	8112
emergency medical technician-intermediate.	8113

Sec. 4765.33. The state board of emergency medical, fire,	8114
and transportation services may suspend or revoke certificates to	8115
practice issued under section 4765.30 of the Revised Code, and may	8116
take other disciplinary action against first responders, emergency	8117
medical technicians-basic, emergency medical	8118
technicians-intermediate, and emergency medical	8119
technicians-paramedic pursuant to rules adopted under section	8120
4765.11 of the Revised Code.	8121

Sec. 4765.37. (A) An emergency medical technician-basic	8122
shall perform the emergency medical services described in this	8123
section in accordance with this chapter and any rules adopted	8124
under it by the state board of emergency medical, fire, and	8125
transportation services.	8126

(B) An emergency medical technician-basic may operate, or be	8127
responsible for operation of, an ambulance and may provide	8128
emergency medical services to patients. In an emergency, an	8129
EMT-basic may determine the nature and extent of illness or injury	8130
and establish priority for required emergency medical services. An	8131
EMT-basic may render emergency medical services such as opening	8132
and maintaining an airway, giving positive pressure ventilation,	8133
cardiac resuscitation, electrical interventions with automated	8134
defibrillators to support or correct the cardiac function and	8135
other methods determined by the board, controlling of hemorrhage,	8136
treatment of shock, immobilization of fractures, bandaging,	8137
assisting in childbirth, management of mentally disturbed	8138
patients, initial care of poison and burn patients, and	8139
determining triage of adult and pediatric trauma victims. Where	8140
patients must in an emergency be extricated from entrapment, an	8141
EMT-basic may assess the extent of injury and render all possible	8142
emergency medical services and protection to the entrapped	8143
patient; provide light rescue services if an ambulance has not	8144
been accompanied by a specialized unit; and after extrication,	8145
provide additional care in sorting of the injured in accordance	8146
with standard emergency procedures.	8147

(C) An EMT-basic may perform any other emergency medical	8148
services approved pursuant to rules adopted under section 4765.11	8149
of the Revised Code. The board shall determine whether the nature	8150
of any such service requires that an EMT-basic receive	8151
authorization prior to performing the service.	8152

(D)(1) Except as provided in division (D)(2) of this section,	8153
if the board determines under division (C) of this section that a	8154
service requires prior authorization, the service shall be	8155
performed only pursuant to the written or verbal authorization of	8156
a physician or of the cooperating physician advisory board, or	8157
pursuant to an authorization transmitted through a direct	8158
communication device by a physician, physician assistant	8159
designated by a physician, or registered nurse designated by a	8160
physician.	8161

(2) If communications fail during an emergency situation or	8162
the required response time prohibits communication, an EMT-basic	8163
may perform services subject to this division, if, in the judgment	8164
of the EMT-basic, the life of the patient is in immediate danger.	8165
Services performed under these circumstances shall be performed in	8166
accordance with the protocols for triage of adult and pediatric	8167
trauma victims established in rules adopted under sections 4765.11	8168
and 4765.40 of the Revised Code and any applicable protocols	8169
adopted by the emergency medical service organization with which	8170
the EMT-basic is affiliated.	8171

Sec. 4765.38. (A) An emergency medical	8172
technician-intermediate shall perform the emergency medical	8173
services described in this section in accordance with this chapter	8174
and any rules adopted under it.	8175

(B) An EMT-I may do any of the following:

8176

(1) Establish and maintain an intravenous lifeline that has	8177
been approved by a cooperating physician or physician advisory	8178
board;	8179

(2) Perform cardiac monitoring;

8180

(3) Perform electrical interventions to support or correct	8181
the cardiac function;	8182

(4) Administer epinephrine;

8183

(5) Determine triage of adult and pediatric trauma victims;

8184

(6) Perform any other emergency medical services approved	8185
pursuant to rules adopted under section 4765.11 of the Revised	8186
Code.	8187

(C)(1) Except as provided in division (C)(2) of this section,	8188
the services described in division (B) of this section shall be	8189
performed by an EMT-I only pursuant to the written or verbal	8190
authorization of a physician or of the cooperating physician	8191
advisory board, or pursuant to an authorization transmitted	8192
through a direct communication device by a physician, physician	8193
assistant designated by a physician, or registered nurse	8194
designated by a physician.	8195

(2) If communications fail during an emergency situation or	8196
the required response time prohibits communication, an EMT-I may	8197
perform any of the services described in division (B) of this	8198
section, if, in the judgment of the EMT-I, the life of the patient	8199
is in immediate danger. Services performed under these	8200
circumstances shall be performed in accordance with the protocols	8201
for triage of adult and pediatric trauma victims established in	8202
rules adopted under sections 4765.11 and 4765.40 of the Revised	8203
Code and any applicable protocols adopted by the emergency medical	8204
service organization with which the EMT-I is affiliated.	8205

(D) In addition to, and in the course of, providing emergency	8206
medical treatment, an emergency medical technician-intermediate	8207
may withdraw blood as provided under sections 1547.11, 4506.17,	8208
and 4511.19 of the Revised Code. An emergency medical	8209
technician-intermediate shall withdraw blood in accordance with	8210
this chapter and any rules adopted under it by the state board of	8211
emergency medical, fire, and transportation services.	8212

Sec. 4765.39. (A) An emergency medical technician-paramedic	8213
shall perform the emergency medical services described in this	8214
section in accordance with this chapter and any rules adopted	8215
under it.	8216

(B) A paramedic may do any of the following:

8217

(1) Perform cardiac monitoring;

8218

(2) Perform electrical interventions to support or correct	8219
the cardiac function;	8220

(3) Perform airway procedures;

8221

(4) Perform relief of pneumothorax;

8222

(5) Administer appropriate drugs and intravenous fluids;

8223

(6) Determine triage of adult and pediatric trauma victims;

8224

(7) Perform any other emergency medical services, including	8225
life support or intensive care techniques, approved pursuant to	8226
rules adopted under section 4765.11 of the Revised Code.	8227

(C)(1) Except as provided in division (C)(2) of this section,	8228
the services described in division (B) of this section shall be	8229
performed by a paramedic only pursuant to the written or verbal	8230
authorization of a physician or of the cooperating physician	8231
advisory board, or pursuant to an authorization transmitted	8232
through a direct communication device by a physician, physician	8233
assistant designated by a physician, or registered nurse	8234
designated by a physician.	8235

(2) If communications fail during an emergency situation or	8236
the required response time prohibits communication, a paramedic	8237
may perform any of the services described in division (B) of this	8238
section, if, in the paramedic's judgment, the life of the patient	8239
is in immediate danger. Services performed under these	8240
circumstances shall be performed in accordance with the protocols	8241
for triage of adult and pediatric trauma victims established in	8242
rules adopted under sections 4765.11 and 4765.40 of the Revised	8243
Code and any applicable protocols adopted by the emergency medical	8244
service organization with which the paramedic is affiliated.	8245

(D) In addition to, and in the course of, providing emergency	8246
medical treatment, an emergency medical technician-paramedic may	8247
withdraw blood as provided under sections 1547.11, 4506.17, and	8248
4511.19 of the Revised Code. An emergency medical	8249
technician-paramedic shall withdraw blood in accordance with this	8250
chapter and any rules adopted under it by the state board of	8251
emergency medical, fire, and transportation services.	8252

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	8253
~~effective date of this amendment~~November 3, 2000, the state board	8254
of emergency medical, fire, and transportation services shall	8255
adopt rules under section 4765.11 of the Revised Code establishing	8256
written protocols for the triage of adult and pediatric trauma	8257
victims. The rules shall define adult and pediatric trauma in a	8258
manner that is consistent with section 4765.01 of the Revised	8259
Code, minimizes overtriage and undertriage, and emphasizes the	8260
special needs of pediatric and geriatric trauma patients.	8261

(2) The state triage protocols adopted under division (A) of	8262
this section shall require a trauma victim to be transported	8263
directly to an adult or pediatric trauma center that is qualified	8264
to provide appropriate adult or pediatric trauma care, unless one	8265
or more of the following exceptions applies:	8266

(a) It is medically necessary to transport the victim to	8267
another hospital for initial assessment and stabilization before	8268
transfer to an adult or pediatric trauma center;	8269

(b) It is unsafe or medically inappropriate to transport the	8270
victim directly to an adult or pediatric trauma center due to	8271
adverse weather or ground conditions or excessive transport time;	8272

(c) Transporting the victim to an adult or pediatric trauma	8273
center would cause a shortage of local emergency medical service	8274
resources;	8275

(d) No appropriate adult or pediatric trauma center is able	8276
to receive and provide adult or pediatric trauma care to the	8277
trauma victim without undue delay;	8278

(e) Before transport of a patient begins, the patient	8279
requests to be taken to a particular hospital that is not a trauma	8280
center or, if the patient is less than eighteen years of age or is	8281
not able to communicate, such a request is made by an adult member	8282
of the patient's family or a legal representative of the patient.	8283

(3)(a) The state triage protocols adopted under division (A)	8284
of this section shall require trauma patients to be transported to	8285
an adult or pediatric trauma center that is able to provide	8286
appropriate adult or pediatric trauma care, but shall not require	8287
a trauma patient to be transported to a particular trauma center.	8288
The state triage protocols shall establish one or more procedures	8289
for evaluating whether an injury victim requires or would benefit	8290
from adult or pediatric trauma care, which procedures shall be	8291
applied by emergency medical service personnel based on the	8292
patient's medical needs. In developing state trauma triage	8293
protocols, the board shall consider relevant model triage rules	8294
and shall consult with the commission on minority health, regional	8295
directors, regional physician advisory boards, and appropriate	8296
medical, hospital, and emergency medical service organizations.	8297

(b) Before the joint committee on agency rule review	8298
considers state triage protocols for trauma victims proposed by	8299
the state board of emergency medical, fire, and transportation	8300
services, or amendments thereto, the board shall send a copy of	8301
the proposal to the Ohio chapter of the American college of	8302
emergency physicians, the Ohio chapter of the American college of	8303
surgeons, the Ohio chapter of the American academy of pediatrics,	8304
OHA: the association for hospitals and health systems, the Ohio	8305
osteopathic association, and the association of Ohio children's	8306
hospitals and shall hold a public hearing at which it must	8307
consider the appropriateness of the protocols to minimize	8308
overtriage and undertriage of trauma victims.	8309

(c) The board shall provide copies of the state triage	8310
protocols, and amendments to the protocols, to each emergency	8311
medical service organization, regional director, regional	8312
physician advisory board, certified emergency medical service	8313
instructor, and person who regularly provides medical direction to	8314
emergency medical service personnel in the state; to each medical	8315
service organization in other jurisdictions that regularly provide	8316
emergency medical services in this state; and to others upon	8317
request.	8318

(B)(1) The state board of emergency medical, fire, and	8319
transportation services shall approve regional protocols for the	8320
triage of adult and pediatric trauma victims, and amendments to	8321
such protocols, that are submitted to the board as provided in	8322
division (B)(2) of this section and provide a level of adult and	8323
pediatric trauma care comparable to the state triage protocols	8324
adopted under division (A) of this section. The board shall not	8325
otherwise approve regional triage protocols for trauma victims.	8326
The board shall not approve regional triage protocols for regions	8327
that overlap and shall resolve any such disputes by apportioning	8328
the overlapping territory among appropriate regions in a manner	8329
that best serves the medical needs of the residents of that	8330
territory. The trauma committee of the board shall have reasonable	8331
opportunity to review and comment on regional triage protocols and	8332
amendments to such protocols before the board approves or	8333
disapproves them.	8334

(2) Regional protocols for the triage of adult and pediatric	8335
trauma victims, and amendments to such protocols, shall be	8336
submitted in writing to the state board of emergency medical,	8337
fire, and transportation services by the regional physician	8338
advisory board or regional director, as appropriate, that serves a	8339
majority of the population in the region in which the protocols	8340
apply. Prior to submitting regional triage protocols, or an	8341
amendment to such protocols, to the state board of emergency	8342
medical, fire, and transportation services, a regional physician	8343
advisory board or regional director shall consult with each of the	8344
following that regularly serves the region in which the protocols	8345
apply:	8346

(a) Other regional physician advisory boards and regional	8347
directors;	8348

(b) Hospitals that operate an emergency facility;

8349

8350

(d) Professional societies of physicians who specialize in	8351
adult or pediatric emergency medicine or adult or pediatric trauma	8352
surgery;	8353

(e) Professional societies of nurses who specialize in adult	8354
or pediatric emergency nursing or adult or pediatric trauma	8355
surgery;	8356

(f) Professional associations or labor organizations of	8357
emergency medical service personnel;	8358

(g) Emergency medical service organizations and medical	8359
directors of such organizations;	8360

(h) Certified emergency medical service instructors.

8361

(3) Regional protocols for the triage of adult and pediatric	8362
trauma victims approved under division (B)(2) of this section	8363
shall require patients to be transported to a trauma center that	8364
is able to provide an appropriate level of adult or pediatric	8365
trauma care; shall not discriminate among trauma centers for	8366
reasons not related to a patient's medical needs; shall seek to	8367
minimize undertriage and overtriage; may include any of the	8368
exceptions in division (A)(2) of this section; and supersede the	8369
state triage protocols adopted under division (A) of this section	8370
in the region in which the regional protocols apply.	8371

(4) Upon approval of regional protocols for the triage of	8372
adult and pediatric trauma victims under division (B)(2) of this	8373
section, or an amendment to such protocols, the state board of	8374
emergency medical, fire, and transportation services shall provide	8375
written notice of the approval and a copy of the protocols or	8376
amendment to each entity in the region in which the protocols	8377
apply to which the board is required to send a copy of the state	8378
triage protocols adopted under division (A) of this section.	8379

(C)(1) The state board of emergency medical, fire, and	8380
transportation services shall review the state triage protocols	8381
adopted under division (A) of this section at least every three	8382
years to determine if they are causing overtriage or undertriage	8383
of trauma patients, and shall modify them as necessary to minimize	8384
overtriage and undertriage.	8385

(2) Each regional physician advisory board or regional	8386
director that has had regional triage protocols approved under	8387
division (B)(2) of this section shall review the protocols at	8388
least every three years to determine if they are causing	8389
overtriage or undertriage of trauma patients and shall submit an	8390
appropriate amendment to the state board, as provided in division	8391
(B) of this section, as necessary to minimize overtriage and	8392
undertriage. The state board shall approve the amendment if it	8393
will reduce overtriage or undertriage while complying with	8394
division (B) of this section, and shall not otherwise approve the	8395
amendment.	8396

(D) No provider of emergency medical services or person who	8397
provides medical direction to emergency medical service personnel	8398
in this state shall fail to comply with the state triage protocols	8399
adopted under division (A) of this section or applicable regional	8400
triage protocols approved under division (B)(2) of this section.	8401

(E) The state board of emergency medical, fire, and	8402
transportation services shall adopt rules under section 4765.11 of	8403
the Revised Code that provide for enforcement of the state triage	8404
protocols adopted under division (A) of this section and regional	8405
triage protocols approved under division (B)(2) of this section,	8406
and for education regarding those protocols for emergency medical	8407
service organizations and personnel, regional directors and	8408
regional physician advisory boards, emergency medical service	8409
instructors, and persons who regularly provide medical direction	8410
to emergency medical service personnel in this state.	8411

Sec. 4765.42. Each emergency medical service organization	8412
shall give notice of the name of its medical director or the names	8413
of the members of its cooperating physician advisory board to the	8414
state board of emergency medical, fire, and transportation	8415
services. The notice shall be made in writing.	8416

Sec. 4765.48. The attorney general, the prosecuting attorney	8417
of the county, or the city director of law shall, upon complaint	8418
of the state board of emergency medical, fire, and transportation	8419
services, prosecute to termination or bring an action for	8420
injunction against any person violating this chapter or the rules	8421
adopted under it. The common pleas court in which an action for	8422
injunction is filed has the jurisdiction to grant injunctive	8423
relief upon a showing that the respondent named in the complaint	8424
is in violation of this chapter or the rules adopted under it.	8425

Sec. 4765.49. (A) A first responder, emergency medical	8426
technician-basic, emergency medical technician-intermediate, or	8427
emergency medical technician-paramedic is not liable in damages in	8428
a civil action for injury, death, or loss to person or property	8429
resulting from the individual's administration of emergency	8430
medical services, unless the services are administered in a manner	8431
that constitutes willful or wanton misconduct. A physician,	8432
physician assistant designated by a physician, or registered nurse	8433
designated by a physician, any of whom is advising or assisting in	8434
the emergency medical services by means of any communication	8435
device or telemetering system, is not liable in damages in a civil	8436
action for injury, death, or loss to person or property resulting	8437
from the individual's advisory communication or assistance, unless	8438
the advisory communication or assistance is provided in a manner	8439
that constitutes willful or wanton misconduct. Medical directors	8440
and members of cooperating physician advisory boards of emergency	8441
medical service organizations are not liable in damages in a civil	8442
action for injury, death, or loss to person or property resulting	8443
from their acts or omissions in the performance of their duties,	8444
unless the act or omission constitutes willful or wanton	8445
misconduct.	8446

(B) A political subdivision, joint ambulance district, joint	8447
emergency medical services district, or other public agency, and	8448
any officer or employee of a public agency or of a private	8449
organization operating under contract or in joint agreement with	8450
one or more political subdivisions, that provides emergency	8451
medical services, or that enters into a joint agreement or a	8452
contract with the state, any political subdivision, joint	8453
ambulance district, or joint emergency medical services district	8454
for the provision of emergency medical services, is not liable in	8455
damages in a civil action for injury, death, or loss to person or	8456
property arising out of any actions taken by a first responder,	8457
EMT-basic, EMT-I, or paramedic working under the officer's or	8458
employee's jurisdiction, or for injury, death, or loss to person	8459
or property arising out of any actions of licensed medical	8460
personnel advising or assisting the first responder, EMT-basic,	8461
EMT-I, or paramedic, unless the services are provided in a manner	8462
that constitutes willful or wanton misconduct.	8463

(C) A student who is enrolled in an emergency medical	8464
services training program accredited under section 4765.17 of the	8465
Revised Code or an emergency medical services continuing education	8466
program approved under that section is not liable in damages in a	8467
civil action for injury, death, or loss to person or property	8468
resulting from either of the following:	8469

(1) The student's administration of emergency medical	8470
services or patient care or treatment, if the services, care, or	8471
treatment is administered while the student is under the direct	8472
supervision and in the immediate presence of an EMT-basic, EMT-I,	8473
paramedic, registered nurse, physician assistant, or physician and	8474
while the student is receiving clinical training that is required	8475
by the program, unless the services, care, or treatment is	8476
provided in a manner that constitutes willful or wanton	8477
misconduct;	8478

(2) The student's training as an ambulance driver, unless the	8479
driving is done in a manner that constitutes willful or wanton	8480
misconduct.	8481

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	8482
holds a valid commercial driver's license issued pursuant to	8483
Chapter 4506. of the Revised Code or driver's license issued	8484
pursuant to Chapter 4507. of the Revised Code and who is employed	8485
by an emergency medical service organization that is not owned or	8486
operated by a political subdivision as defined in section 2744.01	8487
of the Revised Code, is not liable in damages in a civil action	8488
for injury, death, or loss to person or property that is caused by	8489
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	8490
or other operator while responding to or completing a call for	8491
emergency medical services, unless the operation constitutes	8492
willful or wanton misconduct or does not comply with the	8493
precautions of section 4511.03 of the Revised Code. An emergency	8494
medical service organization is not liable in damages in a civil	8495
action for any injury, death, or loss to person or property that	8496
is caused by the operation of an ambulance by its employee or	8497
agent, if this division grants the employee or agent immunity from	8498
civil liability for the injury, death, or loss.	8499

(E) An employee or agent of an emergency medical service	8500
organization who receives requests for emergency medical services	8501
that are directed to the organization, dispatches first	8502
responders, EMTs-basic, EMTs-I, or paramedics in response to those	8503
requests, communicates those requests to those employees or agents	8504
of the organization who are authorized to dispatch first	8505
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	8506
combination of these functions for the organization, is not liable	8507
in damages in a civil action for injury, death, or loss to person	8508
or property resulting from the individual's acts or omissions in	8509
the performance of those duties for the organization, unless an	8510
act or omission constitutes willful or wanton misconduct.	8511

(F) A person who is performing the functions of a first	8512
responder, EMT-basic, EMT-I, or paramedic under the authority of	8513
the laws of a state that borders this state and who provides	8514
emergency medical services to or transportation of a patient in	8515
this state is not liable in damages in a civil action for injury,	8516
death, or loss to person or property resulting from the person's	8517
administration of emergency medical services, unless the services	8518
are administered in a manner that constitutes willful or wanton	8519
misconduct. A physician, physician assistant designated by a	8520
physician, or registered nurse designated by a physician, any of	8521
whom is licensed to practice in the adjoining state and who is	8522
advising or assisting in the emergency medical services by means	8523
of any communication device or telemetering system, is not liable	8524
in damages in a civil action for injury, death, or loss to person	8525
or property resulting from the person's advisory communication or	8526
assistance, unless the advisory communication or assistance is	8527
provided in a manner that constitutes willful or wanton	8528
misconduct.	8529

(G) A person certified under section 4765.23 of the Revised	8530
Code to teach in an emergency medical services training program or	8531
emergency medical services continuing education program, and a	8532
person who teaches at the Ohio fire academy established under	8533
section 3737.33 of the Revised Code or in a fire service training	8534
program described in division (A) of section 4765.55 of the	8535
Revised Code, is not liable in damages in a civil action for	8536
injury, death, or loss to person or property resulting from the	8537
person's acts or omissions in the performance of the person's	8538
duties, unless an act or omission constitutes willful or wanton	8539
misconduct.	8540

(H) In the accreditation of emergency medical services	8541
training programs or approval of emergency medical services	8542
continuing education programs, the state board of emergency	8543
medical, fire, and transportation services and any person or	8544
entity authorized by the board to evaluate applications for	8545
accreditation or approval are not liable in damages in a civil	8546
action for injury, death, or loss to person or property resulting	8547
from their acts or omissions in the performance of their duties,	8548
unless an act or omission constitutes willful or wanton	8549
misconduct.	8550

(I) A person authorized by an emergency medical service	8551
organization to review the performance of first responders,	8552
EMTs-basic, EMTs-I, and paramedics or to administer quality	8553
assurance programs is not liable in damages in a civil action for	8554
injury, death, or loss to person or property resulting from the	8555
person's acts or omissions in the performance of the person's	8556
duties, unless an act or omission constitutes willful or wanton	8557
misconduct.	8558

Sec. 4765.55. (A) The executive director of the state board	8559
of emergency medical, fire, and transportation services, with the	8560
advice and counsel of the firefighter and fire safety inspector	8561
training committee of the state board of emergency medical, fire,	8562
and transportation services, shall assist in the establishment and	8563
maintenance by any state agency, or any county, township, city,	8564
village, school district, or educational service center of a fire	8565
service training program for the training of all persons in	8566
positions of any fire training certification level approved by the	8567
executive director, including full-time paid firefighters,	8568
part-time paid firefighters, volunteer firefighters, and, fire	8569
safety inspectors in this state. The executive director, with the	8570
advice and counsel of the committee, shall adopt rules to regulate	8571
those firefighter and fire safety inspector training programs, and	8572
other training programs approved by the executive director. The	8573
rules may include, but need not be limited to, training	8574
curriculum, certification examinations, training schedules,	8575
minimum hours of instruction, attendance requirements, required	8576
equipment and facilities, basic physical requirements, and methods	8577
of training for all persons in positions of any fire training	8578
certification level approved by the executive director, including	8579
full-time paid firefighters, part-time paid firefighters,	8580
volunteer firefighters, and fire safety inspectors. The rules	8581
adopted to regulate training programs for volunteer firefighters	8582
shall not require more than thirty-six hours of training.	8583

The executive director, with the advice and counsel of the	8584
committee, shall provide for the classification and chartering of	8585
fire service training programs in accordance with rules adopted	8586
under division (B) of this section, and may take action against	8587
any chartered training program or applicant, in accordance with	8588
rules adopted under divisions (B)(4) and (5) of this section, for	8589
failure to meet standards set by the adopted rules.	8590

(B) The executive director, with the advice and counsel of	8591
the firefighter and fire safety inspector training committee of	8592
the state board of emergency medical, fire, and transportation	8593
services, shall adopt, and may amend or rescind, rules under	8594
Chapter 119. of the Revised Code that establish all of the	8595
following:	8596

(1) Requirements for, and procedures for chartering, the	8597
training programs regulated by this section;	8598

(2) Requirements for, and requirements and procedures for	8599
obtaining and renewing, an instructor certificate to teach the	8600
training programs and continuing education classes regulated by	8601
this section;	8602

(3) Requirements for, and requirements and procedures for	8603
obtaining and renewing, any of the fire training certificates	8604
regulated by this section;	8605

(4) Grounds and procedures for suspending, revoking,	8606
restricting, or refusing to issue or renew any of the certificates	8607
or charters regulated by this section, which grounds shall be	8608
limited to one of the following:	8609

(a) Failure to satisfy the education or training requirements	8610
of this section;	8611

(b) Conviction of a felony offense;

8612

8613

(d) Conviction of a misdemeanor committed in the course of	8614
practice;	8615

(e) In the case of a chartered training program or applicant,	8616
failure to meet standards set by the rules adopted under this	8617
division.	8618

(5) Grounds and procedures for imposing and collecting fines,	8619
not to exceed one thousand dollars, in relation to actions taken	8620
under division (B)(4) of this section against persons holding	8621
certificates and charters regulated by this section, the fines to	8622
be deposited into the trauma and emergency medical services fund	8623
established under section 4513.263 of the Revised Code;	8624

(6) Continuing education requirements for certificate	8625
holders, including a requirement that credit shall be granted for	8626
in-service training programs conducted by local entities;	8627

(7) Procedures for considering the granting of an extension	8628
or exemption of fire service continuing education requirements;	8629

(8) Certification cycles for which the certificates and	8630
charters regulated by this section are valid.	8631

(C) The executive director, with the advice and counsel of	8632
the firefighter and fire safety inspector training committee of	8633
the state board of emergency medical, fire, and transportation	8634
services, shall issue or renew an instructor certificate to teach	8635
the training programs and continuing education classes regulated	8636
by this section to any applicant that the executive director	8637
determines meets the qualifications established in rules adopted	8638
under division (B) of this section, and may take disciplinary	8639
action against an instructor certificate holder or applicant in	8640
accordance with rules adopted under division (B) of this section.	8641
The executive director, with the advice and counsel of the	8642
committee, shall charter or renew the charter of any training	8643
program that the executive director determines meets the	8644
qualifications established in rules adopted under division (B) of	8645
this section, and may take disciplinary action against the holder	8646
of a charter in accordance with rules adopted under division (B)	8647
of this section.	8648

(D) The executive director shall issue or renew a fire	8649
training certificate for a firefighter, a fire safety inspector,	8650
or another position of any fire training certification level	8651
approved by the executive director, to any applicant that the	8652
executive director determines meets the qualifications established	8653
in rules adopted under division (B) of this section and may take	8654
disciplinary actions against a certificate holder or applicant in	8655
accordance with rules adopted under division (B) of this section.	8656

(E) Certificates issued under this section shall be on a form	8657
prescribed by the executive director, with the advice and counsel	8658
of the firefighter and fire safety inspector training committee of	8659
the state board of emergency medical, fire, and transportation	8660
services.	8661

(F)(1) The executive director, with the advice and counsel of	8662
the firefighter and fire safety inspector training committee of	8663
the state board of emergency medical, fire, and transportation	8664
services, shall establish criteria for evaluating the standards	8665
maintained by other states and the branches of the United States	8666
military for firefighter, fire safety inspector, and fire	8667
instructor training programs, and other training programs	8668
recognized by the executive director, to determine whether the	8669
standards are equivalent to those established under this section	8670
and shall establish requirements and procedures for issuing a	8671
certificate to each person who presents proof to the executive	8672
director of having satisfactorily completed a training program	8673
that meets those standards.	8674

(2) The executive director, with the committee's advice and	8675
counsel, shall adopt rules establishing requirements and	8676
procedures for issuing a fire training certificate in lieu of	8677
completing a chartered training program.	8678

(G) Nothing in this section invalidates any other section of	8679
the Revised Code relating to the fire training academy. Section	8680
4765.11 of the Revised Code does not affect any powers and duties	8681
granted to the executive director under this section.	8682

Sec. 4765.56. On receipt of a notice pursuant to section	8683
3123.43 of the Revised Code, the state board of emergency medical,	8684
fire, and transportation services shall comply with sections	8685
3123.41 to 3123.50 of the Revised Code and any applicable rules	8686
adopted under section 3123.63 of the Revised Code with respect to	8687
a certificate to practice issued pursuant to this chapter.	8688

Sec. 4765.59. The state board of emergency medical, fire,	8689
and transportation services shall not administer laws and rules	8690
exceeding the statutory authority provided to the board under	8691
Chapters 4765. and 4766. of the Revised Code.	8692

Sec. 4766.01. As used in this chapter:

8693

(A) "Advanced life support" means treatment described in	8694
section 4765.39 of the Revised Code that a paramedic is certified	8695
to perform.	8696

(B) "Air medical service organization" means an organization	8697
that furnishes, conducts, maintains, advertises, promotes, or	8698
otherwise engages in providing medical services with a rotorcraft	8699
air ambulance or fixed wing air ambulance.	8700

(C) "Air medical transportation" means the transporting of a	8701
patient by rotorcraft air ambulance or fixed wing air ambulance	8702
with appropriately licensed and certified medical personnel.	8703

(D) "Ambulance" means any motor vehicle that is specifically	8704
designed, constructed, or modified and equipped and is intended to	8705
be used to provide basic life support, intermediate life support,	8706
advanced life support, or mobile intensive care unit services and	8707
transportation upon the streets or highways of this state of	8708
persons who are seriously ill, injured, wounded, or otherwise	8709
incapacitated or helpless. "Ambulance" does not include air	8710
medical transportation or a vehicle designed and used solely for	8711
the transportation of nonstretcher-bound persons, whether	8712
hospitalized or handicapped or whether ambulatory or confined to a	8713
wheelchair.	8714

(E) "Ambulette" means a motor vehicle that is specifically	8715
designed, constructed, or modified and equipped and is intended to	8716
be used for transportation upon the streets or highways of this	8717
state of persons who require use of a wheelchair.	8718

(F) "Basic life support" means treatment described in section	8719
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	8720
perform.	8721

(G) "Disaster situation" means any condition or situation	8722
described by rule of the ~~Ohio~~state board of emergency medical,	8723
fire, and transportation ~~board~~services as a mass casualty, major	8724
emergency, natural disaster, or national emergency.	8725

(H) "Emergency medical service organization" means an	8726
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	8727
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	8728
paramedics, to provide medical care to victims of illness or	8729
injury. An emergency medical service organization includes, but is	8730
not limited to, a commercial ambulance service organization, a	8731
hospital, and a funeral home.	8732

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	8733
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	8734
Revised Code.	8735

(J) "Fixed wing air ambulance" means a fixed wing aircraft	8736
that is specifically designed, constructed, or modified and	8737
equipped and is intended to be used as a means of air medical	8738
transportation.	8739

(K) "Intermediate life support" means treatment described in	8740
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	8741
certified to perform.	8742

(L) "Major emergency" means any emergency event that cannot	8743
be resolved through the use of locally available emergency	8744
resources.	8745

(M) "Mass casualty" means an emergency event that results in	8746
ten or more persons being injured, incapacitated, made ill, or	8747
killed.	8748

(N) "Medical emergency" means an unforeseen event affecting	8749
an individual in such a manner that a need for immediate care is	8750
created.	8751

(O) "Mobile intensive care unit" means an ambulance used only	8752
for maintaining specialized or intensive care treatment and used	8753
primarily for interhospital transports of patients whose	8754
conditions require care beyond the scope of a paramedic as	8755
provided in section 4765.39 of the Revised Code.	8756

(P)(1) "Nonemergency medical service organization" means a	8757
person that does both of the following:	8758

(a) Provides services to the public on a regular basis for	8759
the purpose of transporting individuals who require the use of a	8760
wheelchair or are confined to a wheelchair to receive health care	8761
services at health care facilities or health care practitioners'	8762
offices in nonemergency circumstances;	8763

(b) Provides the services for a fee, regardless of whether	8764
the fee is paid by the person being transported, a third party	8765
payer, as defined in section 3702.51 of the Revised Code, or any	8766
other person or government entity.	8767

(2) "Nonemergency medical service organization" does not	8768
include a health care facility, as defined in section 1751.01 of	8769
the Revised Code, that provides ambulette services only to	8770
patients of that facility.	8771

(Q) "Nontransport vehicle" means a motor vehicle operated by	8772
a licensed emergency medical service organization not as an	8773
ambulance, but as a vehicle for providing services in conjunction	8774
with the ambulances operated by the organization or other	8775
emergency medical service organizations.	8776

(R) "Patient" means any individual who as a result of illness	8777
or injury needs medical attention, whose physical or mental	8778
condition is such that there is imminent danger of loss of life or	8779
significant health impairment, who may be otherwise incapacitated	8780
or helpless as a result of a physical or mental condition, or	8781
whose physical condition requires the use of a wheelchair.	8782

(S) "Rotorcraft air ambulance" means a helicopter or other	8783
aircraft capable of vertical takeoffs, vertical landings, and	8784
hovering that is specifically designed, constructed, or modified	8785
and equipped and is intended to be used as a means of air medical	8786
transportation.	8787

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	8788
fire, and transportation ~~board~~services shall adopt rules, in	8789
accordance with Chapter 119. of the Revised Code, implementing the	8790
requirements of this chapter. The rules shall include provisions	8791
relating to the following:	8792

(1) Requirements for an emergency medical service	8793
organization to receive a permit for an ambulance or nontransport	8794
vehicle;	8795

(2) Requirements for an emergency medical service	8796
organization to receive a license as a basic life-support,	8797
intermediate life-support, advanced life-support, or mobile	8798
intensive care unit organization;	8799

(3) Requirements for a nonemergency medical service	8800
organization to receive a permit for an ambulette vehicle;	8801

(4) Requirements for a nonemergency medical service	8802
organization to receive a license for an ambulette service;	8803

(5) Requirements for an air medical service organization to	8804
receive a permit for a rotorcraft air ambulance or fixed wing air	8805
ambulance;	8806

(6) Requirements for licensure of air medical service	8807
organizations;	8808

(7) Forms for applications and renewals of licenses and	8809
permits;	8810

(8) Requirements for record keeping of service responses made	8811
by licensed emergency medical service organizations;	8812

(9) Fee amounts for licenses and permits, and their renewals;

8813

(10) Inspection requirements for licensees' vehicles or	8814
aircraft, records, and physical facilities;	8815

(11) Fee amounts for inspections of ambulances, ambulettes,	8816
rotorcraft air ambulances, fixed wing air ambulances, and	8817
nontransport vehicles;	8818

(12) Requirements for ambulances and nontransport vehicles	8819
used by licensed emergency medical service organizations, for	8820
ambulette vehicles used by licensed nonemergency medical service	8821
organizations, and for rotorcraft air ambulances or fixed wing air	8822
ambulances used by licensed air medical service organizations that	8823
specify for each type of vehicle or aircraft the types of	8824
equipment that must be carried, the communication systems that	8825
must be maintained, and the personnel who must staff the vehicle	8826
or aircraft;	8827

(13) The level of care each type of emergency medical service	8828
organization, nonemergency medical service organization, and air	8829
medical service organization is authorized to provide;	8830

(14) Eligibility requirements for employment as an ambulette	8831
driver, including grounds for disqualification due to the results	8832
of a motor vehicle law violation check, chemical test, or criminal	8833
records check. The rule may require that an applicant for	8834
employment as an ambulette driver provide a set of fingerprints to	8835
law enforcement authorities if the applicant comes under final	8836
consideration for employment.	8837

(15) Any other rules that the board determines necessary for	8838
the implementation and enforcement of this chapter.	8839

(B) In the rules for ambulances and nontransport vehicles	8840
adopted under division (A)(12) of this section, the board may	8841
establish requirements that vary according to whether the	8842
emergency medical service organization using the vehicles is	8843
licensed as a basic life-support, intermediate life-support,	8844
advanced life-support, or mobile intensive care unit organization.	8845

(C) A mobile intensive care unit that is not dually certified	8846
to provide advanced life-support and meets the requirements of the	8847
rules adopted under this section is not required to carry	8848
immobilization equipment, including board splint kits, traction	8849
splints, backboards, backboard straps, cervical immobilization	8850
devices, cervical collars, stair chairs, folding cots, or other	8851
types of immobilization equipment determined by the board to be	8852
unnecessary for mobile intensive care units.	8853

A mobile intensive care unit is exempt from the emergency	8854
medical technician staffing requirements of section 4765.43 of the	8855
Revised Code when it is staffed by at least one physician or	8856
registered nurse and another person, designated by a physician,	8857
who holds a valid license or certificate to practice in a health	8858
care profession, and when at least one of the persons staffing the	8859
mobile intensive care unit is a registered nurse whose training	8860
meets or exceeds the training required for a paramedic.	8861

Sec. 4766.04. (A) Except as otherwise provided in this	8862
chapter, no person shall furnish, operate, conduct, maintain,	8863
advertise, engage in, or propose or profess to engage in the	8864
business or service in this state of transporting persons who are	8865
seriously ill, injured, or otherwise incapacitated or who require	8866
the use of a wheelchair or are confined to a wheelchair unless the	8867
person is licensed pursuant to this section.	8868

(B) To qualify for a license as a basic life-support,	8869
intermediate life-support, advanced life-support, or mobile	8870
intensive care unit organization, an emergency medical service	8871
organization shall do all of the following:	8872

(1) Apply for a permit for each ambulance and nontransport	8873
vehicle owned or leased as provided in section 4766.07 of the	8874
Revised Code;	8875

(2) Meet all requirements established in rules adopted by the	8876
~~Ohio~~state board of emergency medical, fire, and transportation	8877
~~board~~services regarding ambulances and nontransport vehicles,	8878
including requirements pertaining to equipment, communications	8879
systems, staffing, and level of care the particular organization	8880
is permitted to render;	8881

(3) Maintain the appropriate type and amount of insurance as	8882
specified in section 4766.06 of the Revised Code;	8883

(4) Meet all other requirements established under rules	8884
adopted by the board for the particular license.	8885

(C) To qualify for a license to provide ambulette service, a	8886
nonemergency medical service organization shall do all of the	8887
following:	8888

(1) Apply for a permit for each ambulette owned or leased as	8889
provided in section 4766.07 of the Revised Code;	8890

(2) Meet all requirements established in rules adopted by the	8891
~~Ohio~~state board of emergency medical, fire, and transportation	8892
~~board~~services regarding ambulettes, including requirements	8893
pertaining to equipment, communication systems, staffing, and	8894
level of care the organization is permitted to render;	8895

(3) Maintain the appropriate type and amount of insurance as	8896
specified in section 4766.06 of the Revised Code;	8897

(4) Meet all other requirements established under rules	8898
adopted by the board for the license.	8899

(D) To qualify for a license to provide air medical	8900
transportation, an air medical service organization shall do all	8901
of the following:	8902

(1) Apply for a permit for each rotorcraft air ambulance and	8903
fixed wing air ambulance owned or leased as provided in section	8904
4766.07 of the Revised Code;	8905

(2) Meet all requirements established in rules adopted by the	8906
~~Ohio~~state board of emergency medical, fire, and transportation	8907
~~board~~services regarding rotorcraft air ambulances and fixed wing	8908
air ambulances, including requirements pertaining to equipment,	8909
communication systems, staffing, and level of care the	8910
organization is permitted to render;	8911

(3) Maintain the appropriate type and amount of insurance as	8912
specified in section 4766.06 of the Revised Code;	8913

(4) Meet all other requirements established under rules	8914
adopted by the board for the license.	8915

(E) An emergency medical service organization that applies	8916
for a license as a basic life-support, intermediate life-support,	8917
advanced life-support, or mobile intensive care unit organization;	8918
a nonemergency medical service organization that applies for a	8919
license to provide ambulette service; or an air medical service	8920
organization that applies for a license to provide air medical	8921
transportation shall submit a completed application to the board,	8922
on a form provided by the board for each particular license,	8923
together with the appropriate fees established under section	8924
4766.05 of the Revised Code. The application form shall include	8925
all of the following:	8926

(1) The name and business address of the operator of the	8927
organization for which licensure is sought;	8928

(2) The name under which the applicant will operate the	8929
organization;	8930

(3) A list of the names and addresses of all officers and	8931
directors of the organization;	8932

(4) For emergency medical service organizations and	8933
nonemergency medical service organizations, a description of each	8934
vehicle to be used, including the make, model, year of	8935
manufacture, mileage, vehicle identification number, and the color	8936
scheme, insignia, name, monogram, or other distinguishing	8937
characteristics to be used to designate the applicant's vehicle;	8938

(5) For air medical service organizations using fixed wing	8939
air ambulances, a description of each aircraft to be used,	8940
including the make, model, year of manufacture, and aircraft hours	8941
on airframe;	8942

(6) For air medical service organizations using rotorcraft	8943
air ambulances, a description of each aircraft to be used,	8944
including the make, model, year of manufacture, aircraft hours on	8945
airframe, aircraft identification number, and the color scheme,	8946
insignia, name, monogram, or other distinguishing characteristics	8947
to be used to designate the applicant's rotorcraft air ambulance;	8948

(7) The location and description of each place from which the	8949
organization will operate;	8950

(8) A description of the geographic area to be served by the	8951
applicant;	8952

(9) Any other information the board, by rule, determines	8953
necessary.	8954

(F) Within sixty days after receiving a completed application	8955
for licensure as a basic life-support, intermediate life-support,	8956
advanced life-support, or mobile intensive care unit organization;	8957
an ambulette service; or an air medical service organization, the	8958
board shall approve or deny the application. The board shall deny	8959
an application if it determines that the applicant does not meet	8960
the requirements of this chapter or any rules adopted under it.	8961
The board shall send notice of the denial of an application by	8962
certified mail to the applicant. The applicant may request a	8963
hearing within ten days after receipt of the notice. If the board	8964
receives a timely request, it shall hold a hearing in accordance	8965
with Chapter 119. of the Revised Code.	8966

(G) If an applicant or licensee operates or plans to operate	8967
an organization in more than one location under the same or	8968
different identities, the applicant or licensee shall apply for	8969
and meet all requirements for licensure or renewal of a license,	8970
other than payment of a license fee or renewal fee, for operating	8971
the organization at each separate location. An applicant or	8972
licensee that operates or plans to operate under the same	8973
organization identity in separate locations shall pay only a	8974
single license fee.	8975

(H) An emergency medical service organization that wishes to	8976
provide ambulette services to the public must apply for a separate	8977
license under division (C) of this section.	8978

(I) Each license issued under this section and each permit	8979
issued under section 4766.07 of the Revised Code expires one year	8980
after the date of issuance and may be renewed in accordance with	8981
the standard renewal procedures of Chapter 4745. of the Revised	8982
Code. An application for renewal shall include the license or	8983
permit renewal fee established under section 4766.05 of the	8984
Revised Code. An applicant for renewal of a permit also shall	8985
submit to the board proof of an annual inspection of the vehicle	8986
or aircraft for which permit renewal is sought. The board shall	8987
renew a license if the applicant meets the requirements for	8988
licensure and shall renew a permit if the applicant and vehicle or	8989
aircraft meet the requirements to maintain a permit for that	8990
vehicle or aircraft.	8991

(J) Each licensee shall maintain accurate records of all	8992
service responses conducted. The records shall be maintained on	8993
forms prescribed by the board and shall contain information as	8994
specified by rule by the board.	8995

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	8996
fire, and transportation ~~board~~services shall establish by rule a	8997
license fee, a permit fee for each ambulance, ambulette,	8998
rotorcraft air ambulance, fixed wing air ambulance, and	8999
nontransport vehicle owned or leased by the licensee that is or	9000
will be used as provided in section 4766.07 of the Revised Code,	9001
and fees for renewals of licenses and permits, taking into	9002
consideration the actual costs incurred by the board in carrying	9003
out its duties under this chapter. However, the fee for each	9004
license and each renewal of a license shall not exceed one hundred	9005
dollars, and the fee for each permit and each renewal of a permit	9006
shall not exceed one hundred dollars for each ambulance,	9007
rotorcraft air ambulance, fixed wing air ambulance, and	9008
nontransport vehicle. The ~~fee for each permit and each renewal of~~	9009
~~a permit shall be twenty-five dollars for each ambulette for one~~	9010
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	9011
rule the fee, which shall not exceed fifty dollars, for each	9012
permit and each renewal of a permit for each ambulette. For	9013
purposes of establishing fees, "actual costs" includes the costs	9014
of salaries, expenses, inspection equipment, supervision, and	9015
program administration.	9016

(B) The board shall deposit all fees and other moneys	9017
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	9018
the Revised Code in the state treasury to the credit of the	9019
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	9020
services fund, which is created by section ~~4743.05~~4513.263 of the	9021
Revised Code. ~~All moneys from the fund shall be used solely for~~	9022
~~the salaries and expenses of the board incurred in implementing~~	9023
~~and enforcing this chapter.~~	9024

(C) The board, subject to the approval of the controlling	9025
board, may establish fees in excess of the maximum amounts allowed	9026
under division (A) of this section, but such fees shall not exceed	9027
those maximum amounts by more than fifty per cent.	9028

Sec. 4766.07. (A) Except as otherwise provided by rule of	9029
the ~~Ohio~~state board of emergency medical, fire, and	9030
transportation ~~board~~services, each emergency medical service	9031
organization, nonemergency medical service organization, and air	9032
medical service organization subject to licensure under this	9033
chapter shall possess a valid permit for each ambulance,	9034
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	9035
nontransport vehicle it owns or leases that is or will be used by	9036
the licensee to perform the services permitted by the license.	9037
Each licensee and license applicant shall submit the appropriate	9038
fee and an application for a permit for each ambulance, ambulette,	9039
rotorcraft air ambulance, fixed wing air ambulance, and	9040
nontransport vehicle to the ~~Ohio~~state board of emergency	9041
medical, fire, and transportation ~~board~~services on forms provided	9042
by the board. The application shall include documentation that the	9043
vehicle or aircraft meets the appropriate standards set by the	9044
board, that the vehicle or aircraft has been inspected pursuant to	9045
division (C) of this section, that the permit applicant maintains	9046
insurance as provided in section 4766.06 of the Revised Code, and	9047
that the vehicle or aircraft and permit applicant meet any other	9048
requirements established under rules adopted by the board.	9049

The ~~Ohio~~state board of emergency medical, fire, and	9050
transportation ~~board~~services may adopt rules in accordance with	9051
Chapter 119. of the Revised Code to authorize the temporary use of	9052
a vehicle or aircraft for which a permit is not possessed under	9053
this section in back-up or disaster situations.	9054

(B)(1) Within sixty days after receiving a completed	9055
application for a permit, the board shall issue or deny the	9056
permit. The board shall deny an application if it determines that	9057
the permit applicant, vehicle, or aircraft does not meet the	9058
requirements of this chapter and the rules adopted under it that	9059
apply to permits for ambulances, ambulettes, rotorcraft air	9060
ambulances, fixed wing air ambulances, and nontransport vehicles.	9061
The board shall send notice of the denial of an application by	9062
certified mail to the permit applicant. The permit applicant may	9063
request a hearing within ten days after receipt of the notice. If	9064
the board receives a timely request, it shall hold a hearing in	9065
accordance with Chapter 119. of the Revised Code.	9066

(2) If the board issues the vehicle permit for an ambulance,	9067
ambulette, or nontransport vehicle, it also shall issue a decal,	9068
in a form prescribed by rule, to be displayed on the rear window	9069
of the vehicle. The board shall not issue a decal until all of the	9070
requirements for licensure and permit issuance have been met.	9071

(3) If the board issues the aircraft permit for a rotorcraft	9072
air ambulance or fixed wing air ambulance, it also shall issue a	9073
decal, in a form prescribed by rule, to be displayed on the left	9074
fuselage aircraft window in a manner that complies with all	9075
applicable federal aviation regulations. The board shall not issue	9076
a decal until all of the requirements for licensure and permit	9077
issuance have been met.	9078

(C) In addition to any other requirements that the board	9079
establishes by rule, a licensee or license applicant applying for	9080
an initial vehicle or aircraft permit under division (A) of this	9081
section shall submit to the board the vehicle or aircraft for	9082
which the permit is sought. Thereafter, a licensee shall annually	9083
submit to the board each vehicle or aircraft for which a permit	9084
has been issued.	9085

(1) The board shall conduct a physical inspection of an	9086
ambulance, ambulette, or nontransport vehicle to determine its	9087
roadworthiness and compliance with standard motor vehicle	9088
requirements.	9089

(2) The board shall conduct a physical inspection of the	9090
medical equipment, communication system, and interior of an	9091
ambulance to determine the operational condition and safety of the	9092
equipment and the ambulance's interior and to determine whether	9093
the ambulance is in compliance with the federal requirements for	9094
ambulance construction that were in effect at the time the	9095
ambulance was manufactured, as specified by the general services	9096
administration in the various versions of its publication titled	9097
"federal specification for the star-of-life ambulance,	9098
KKK-A-1822."	9099

(3) The board shall conduct a physical inspection of the	9100
equipment, communication system, and interior of an ambulette to	9101
determine the operational condition and safety of the equipment	9102
and the ambulette's interior and to determine whether the	9103
ambulette is in compliance with state requirements for ambulette	9104
construction. The board shall determine by rule requirements for	9105
the equipment, communication system, interior, and construction of	9106
an ambulette.	9107

(4) The board shall conduct a physical inspection of the	9108
medical equipment, communication system, and interior of a	9109
rotorcraft air ambulance or fixed wing air ambulance to determine	9110
the operational condition and safety of the equipment and the	9111
aircraft's interior.	9112

(5) The board shall issue a certificate to the applicant for	9113
each vehicle or aircraft that passes the inspection and may assess	9114
a fee for each inspection, as established by the board.	9115

(6) The board shall adopt rules regarding the implementation	9116
and coordination of inspections. The rules may permit the board to	9117
contract with a third party to conduct the inspections required of	9118
the board under this section.	9119

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	9120
fire, and transportation ~~board may~~services, pursuant to an	9121
adjudication conducted in accordance with Chapter 119. of the	9122
Revised Code, may suspend or revoke any license or permit or	9123
renewal thereof issued under this chapter for any one or	9124
combination of the following causes:	9125

(1) Violation of this chapter or any rule adopted thereunder;

9126

(2) Refusal to permit the board to inspect a vehicle or	9127
aircraft used under the terms of a permit or to inspect the	9128
records or physical facilities of a licensee;	9129

(3) Failure to meet the ambulance, ambulette, rotorcraft air	9130
ambulance, fixed wing air ambulance, and nontransport vehicle	9131
requirements specified in this chapter or the rules adopted	9132
thereunder;	9133

(4) Violation of an order issued by the board;

9134

(5) Failure to comply with any of the terms of an agreement	9135
entered into with the board regarding the suspension or revocation	9136
of a license or permit or the imposition of a penalty under this	9137
section.	9138

(B) If the board determines that the records, record-keeping	9139
procedures, or physical facilities of a licensee, or an ambulance,	9140
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	9141
nontransport vehicle for which a valid permit has been issued, do	9142
not meet the standards specified in this chapter and the rules	9143
adopted thereunder, the board shall notify the licensee of any	9144
deficiencies within thirty days of finding the deficiencies. If	9145
the board determines that the deficiencies exist and they remain	9146
uncorrected after thirty days, the board may suspend the license,	9147
vehicle permit, or aircraft permit. The licensee, notwithstanding	9148
the suspension under this division, may operate until all appeals	9149
have been exhausted.	9150

(C) At the discretion of the board, a licensee whose license	9151
has been suspended or revoked under this section may be ineligible	9152
to be licensed under this chapter for a period of not more than	9153
three years from the date of the violation, provided that the	9154
board shall make no determination on a period of ineligibility	9155
until all the licensee's appeals relating to the suspension or	9156
revocation have been exhausted.	9157

(D) The board may, in addition to any other action taken	9158
under this section and after a hearing conducted pursuant to	9159
Chapter 119. of the Revised Code, impose a penalty of not more	9160
than fifteen hundred dollars for any violation specified in this	9161
section. The attorney general shall institute a civil action for	9162
the collection of any such penalty imposed.	9163

Sec. 4766.09. This chapter does not apply to any of the	9164
following:	9165

(A) A person rendering services with an ambulance in the	9166
event of a disaster situation when licensees' vehicles based in	9167
the locality of the disaster situation are incapacitated or	9168
insufficient in number to render the services needed;	9169

(B) Any person operating an ambulance, ambulette, rotorcraft	9170
air ambulance, or fixed wing air ambulance outside this state	9171
unless receiving a person within this state for transport to a	9172
location within this state;	9173

(C) A publicly owned or operated emergency medical service	9174
organization and the vehicles it owns or leases and operates,	9175
except as provided in section 307.051, division (G) of section	9176
307.055, division (F) of section 505.37, division (B) of section	9177
505.375, and division (B)(3) of section 505.72 of the Revised	9178
Code;	9179

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	9180
wing air ambulance, or nontransport vehicle owned or leased and	9181
operated by the federal government;	9182

(E) A publicly owned and operated fire department vehicle;

9183

(F) Emergency vehicles owned by a corporation and operating	9184
only on the corporation's premises, for the sole use by that	9185
corporation;	9186

(G) An ambulance, nontransport vehicle, or other emergency	9187
medical service organization vehicle owned and operated by a	9188
municipal corporation;	9189

(H) A motor vehicle titled in the name of a volunteer rescue	9190
service organization, as defined in section 4503.172 of the	9191
Revised Code;	9192

(I) A public emergency medical service organization;

9193

(J) A fire department, rescue squad, or life squad comprised	9194
of volunteers who provide services without expectation of	9195
remuneration and do not receive payment for services other than	9196
reimbursement for expenses;	9197

(K) A private, nonprofit emergency medical service	9198
organization when fifty per cent or more of its personnel are	9199
volunteers, as defined in section 4765.01 of the Revised Code;	9200

(L) Emergency medical service personnel who are regulated by	9201
the state board of emergency medical, fire, and transportation	9202
services under Chapter 4765. of the Revised Code;	9203

(M) Any of the following that operates a transit bus, as that	9204
term is defined in division (Q) of section 5735.01 of the Revised	9205
Code, unless the entity provides ambulette services that are	9206
reimbursed under the state medicaid plan:	9207

(1) A public nonemergency medical service organization;

9208

(2) An urban or rural public transit system;

9209

(3) A private nonprofit organization that receives grants	9210
under section 5501.07 of the Revised Code.	9211

(N)(1) An entity, to the extent it provides ambulette	9212
services, if the entity meets all of the following conditions:	9213

(a) The entity is certified by the department of aging or the	9214
department's designee in accordance with section 173.391 of the	9215
Revised Code or operates under a contract or grant agreement with	9216
the department or the department's designee in accordance with	9217
section 173.392 of the Revised Code.	9218

(b) The entity meets the requirements of section 4766.14 of	9219
the Revised Code.	9220

(c) The entity does not provide ambulette services that are	9221
reimbursed under the state medicaid plan.	9222

(2) A vehicle, to the extent it is used to provide ambulette	9223
services, if the vehicle meets both of the following conditions:	9224

(a) The vehicle is owned by an entity that meets the	9225
conditions specified in division (N)(1) of this section.	9226

(b) The vehicle does not provide ambulette services that are	9227
reimbursed under the state medicaid plan.	9228

(O) A vehicle that meets both of the following criteria,	9229
unless the vehicle provides services that are reimbursed under the	9230
state medicaid plan:	9231

(1) The vehicle was purchased with funds from a grant made by	9232
the United States secretary of transportation under 49 U.S.C.	9233
5310;	9234

(2) The department of transportation holds a lien on the	9235
vehicle.	9236

Sec. 4766.10. This chapter does not invalidate any ordinance	9237
or resolution adopted by a municipal corporation that establishes	9238
standards for the licensure of emergency medical service	9239
organizations as basic life-support, intermediate life-support, or	9240
advanced life-support service organizations that have their	9241
principal places of business located within the limits of the	9242
municipal corporation, as long as the licensure standards meet or	9243
exceed the standards established in this chapter and the rules	9244
adopted thereunder.	9245

Emergency medical service organizations licensed by a	9246
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	9247
state board of emergency medical, fire, and transportation ~~board~~	9248
services, but the fees they pay to the board for licenses,	9249
permits, and renewals thereof shall not exceed fifty per cent of	9250
the fee amounts established by the board pursuant to section	9251
4766.03 of the Revised Code. The board may choose to waive the	9252
vehicle inspection requirements and inspection fees, but not the	9253
permit fees, for the vehicles of organizations licensed by a	9254
municipal corporation.	9255

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	9256
fire, and transportation ~~board~~services may investigate alleged	9257
violations of this chapter or the rules adopted under it and may	9258
investigate any complaints received regarding alleged violations.	9259

In addition to any other remedies available and regardless of	9260
whether an adequate remedy at law exists, the board may apply to	9261
the court of common pleas in the county where a violation of any	9262
provision of this chapter or any rule adopted pursuant thereto is	9263
occurring for a temporary or permanent injunction restraining a	9264
person from continuing to commit that violation. On a showing that	9265
a person has committed a violation, the court shall grant the	9266
injunction.	9267

In conducting an investigation under this section, the board	9268
may issue subpoenas compelling the attendance and testimony of	9269
witnesses and the production of books, records, and other	9270
documents pertaining to the investigation. If a person fails to	9271
obey a subpoena from the board, the board may apply to the court	9272
of common pleas in the county where the investigation is being	9273
conducted for an order compelling the person to comply with the	9274
subpoena. On application by the board, the court shall compel	9275
obedience by attachment proceedings for contempt, as in the case	9276
of disobedience of the requirements of a subpoena from the court	9277
or a refusal to testify therein.	9278

(B) The ~~medical transportation~~ board may suspend a license	9279
issued under this chapter without a prior hearing if it determines	9280
that there is evidence that the license holder is subject to	9281
action under this section and that there is clear and convincing	9282
evidence that continued operation by the license holder presents a	9283
danger of immediate and serious harm to the public. The	9284
chairperson and executive director of the board shall make a	9285
preliminary determination and describe the evidence on which they	9286
made their determination to the board members. The board by	9287
resolution may designate another board member to act in place of	9288
the chairperson or another employee to act in place of the	9289
executive director in the event that the chairperson or executive	9290
director is unavailable or unable to act. Upon review of the	9291
allegations, the board, by the affirmative vote of ~~at least four~~a	9292
majority of its members, may suspend the license without a	9293
hearing.	9294

~~Any method of communication, including a telephone conference~~	9295
~~call, may be utilized for describing the evidence to the board~~	9296
~~members, for reviewing the allegations, and for voting on the~~	9297
~~suspension.~~	9298

Immediately following the decision by the board to suspend a	9299
license under this division, the board shall issue a written order	9300
of suspension and cause it to be delivered in accordance with	9301
section 119.07 of the Revised Code. If the license holder subject	9302
to the suspension requests an adjudication hearing by the board,	9303
the date set for the adjudication shall be within fifteen days but	9304
not earlier than seven days after the request unless another date	9305
is agreed to by the license holder and the board.	9306

Any summary suspension imposed under this division remains in	9307
effect, unless reversed by the board, until a final adjudicative	9308
order issued by the board pursuant to this section and Chapter	9309
119. of the Revised Code becomes effective. The board shall issue	9310
its final adjudicative order not less than ninety days after	9311
completion of its adjudication hearing. Failure to issue the order	9312
by that day shall cause the summary suspension order to end, but	9313
such failure shall not affect the validity of any subsequent final	9314
adjudication order.	9315

Sec. 4766.12. If a county, township, joint ambulance	9316
district, or joint emergency medical services district chooses to	9317
have the ~~Ohio~~state board of emergency medical, fire, and	9318
transportation ~~board~~services license its emergency medical	9319
service organizations and issue permits for its vehicles pursuant	9320
to this chapter, except as may be otherwise provided, all	9321
provisions of this chapter and all rules adopted by the board	9322
thereunder are fully applicable. However, a county, township,	9323
joint ambulance district, or joint emergency medical services	9324
district is not required to obtain any type of permit from the	9325
board for any of its nontransport vehicles.	9326

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	9327
fire, and transportation ~~board~~services, by endorsement, may	9328
license and issue vehicle permits to an emergency medical service	9329
organization or a nonemergency medical service organization that	9330
is regulated by another state. To qualify for a license and	9331
vehicle permits by endorsement, an organization must submit	9332
evidence satisfactory to the board that it has met standards in	9333
another state that are equal to or more stringent than the	9334
standards established by this chapter and the rules adopted under	9335
it.	9336

Sec. 4766.15. (A) An applicant for employment as an	9337
ambulette driver with an organization licensed pursuant to this	9338
chapter shall submit proof to the organization of, or give consent	9339
to the employer to obtain, all of the following:	9340

(1)(a) A valid driver's license issued pursuant to Chapter	9341
4506. or 4507. of the Revised Code, or its equivalent, if the	9342
applicant is a resident of another state;	9343

(b) A recent certified abstract of the applicant's record of	9344
convictions for violations of motor vehicle laws provided by the	9345
registrar of motor vehicles pursuant to section 4509.05 of the	9346
Revised Code, or its equivalent, if the applicant is a resident of	9347
another state.	9348

(2)(a) A certificate of completion of a course in first aid	9349
techniques offered by the American red cross or an equivalent	9350
organization;	9351

(b) A certificate of completion of a course in	9352
cardiopulmonary resuscitation, or its equivalent, offered by an	9353
organization approved by the ~~Ohio~~state board of emergency	9354
medical, fire, and transportation ~~board~~services.	9355

(3) The result of a chemical test or tests of the applicant's	9356
blood, breath, or urine conducted at a hospital or other	9357
institution approved by the board for the purpose of determining	9358
the alcohol, drug of abuse, controlled substance, or metabolite of	9359
a controlled substance content of the applicant's whole blood,	9360
blood serum or plasma, breath, or urine;	9361

(4) The result of a criminal records check conducted by the	9362
bureau of criminal identification and investigation.	9363

(B) An organization may employ an applicant on a temporary	9364
provisional basis pending the completion of all of the	9365
requirements of this section. The length of the provisional period	9366
shall be determined by the board.	9367

(C) An organization licensed pursuant to this chapter shall	9368
use information received pursuant to this section to determine in	9369
accordance with rules adopted by the ~~Ohio~~state board of emergency	9370
medical, fire, and transportation ~~board~~services under section	9371
4766.03 of the Revised Code whether an applicant is disqualified	9372
for employment.	9373

No applicant shall be accepted for permanent employment as an	9374
ambulette driver by an organization licensed pursuant to this	9375
chapter until all of the requirements of division (A) of this	9376
section have been met.	9377

Sec. 4766.22. (A) Not later than forty-five days after the	9378
end of each fiscal year, the ~~Ohio~~state board of emergency	9379
medical, fire, and transportation ~~board~~services shall submit a	9380
report to the governor and general assembly that provides all of	9381
the following information for that fiscal year:	9382

(1) The number of each of the following the board issued:

9383

(a) Basic life-support organization licenses;

9384

(b) Intermediate life-support organization licenses;

9385

9386

(d) Mobile intensive care unit organization licenses;

9387

(e) Ambulette service licenses;

9388

(f) Air medical service organization licenses;

9389

(g) Ambulance permits;

9390

(h) Nontransport vehicle permits;

9391

(i) Ambulette vehicle permits;

9392

(j) Rotorcraft air ambulance permits;

9393

(k) Fixed wing air ambulance permits.

9394

(2) The amount of fees the board collected for issuing and	9395
renewing each type of license and permit specified in division	9396
(A)(1) of this section;	9397

(3) The number of inspections the board or a third party on	9398
the board's behalf conducted in connection with each type of	9399
license and permit specified in division (A)(1) of this section	9400
and the amount of fees the board collected for the inspections;	9401

(4) The number of complaints that were submitted to the	9402
board;	9403

(5) The number of investigations the board conducted under	9404
section 4766.11 of the Revised Code;	9405

(6) The number of adjudication hearings the board held and	9406
the outcomes of the adjudications;	9407

(7) The amount of penalties the board imposed and collected	9408
under section 4766.08 of the Revised Code;	9409

(8) Other information the board determines reflects the	9410
board's operations.	9411

(B) The board shall post the annual report required by this	9412
section on its web site and make it available to the public on	9413
request.	9414

Sec. 5501.03. (A) The department of transportation shall:

9415

(1) Exercise and perform such other duties, powers, and	9416
functions as are conferred by law on the director, the department,	9417
the assistant directors, the deputy directors, or on the divisions	9418
of the department;	9419

(2) Coordinate and develop, in cooperation with local,	9420
regional, state, and federal planning agencies and authorities,	9421
comprehensive and balanced state policy and planning to meet	9422
present and future needs for adequate transportation facilities in	9423
this state, including recommendations for adequate funding of the	9424
implementation of such planning;	9425

(3) Coordinate its activities with those of other appropriate	9426
state departments, public agencies, and authorities, and enter	9427
into any contracts with such departments, agencies, and	9428
authorities as may be necessary to carry out its duties, powers,	9429
and functions;	9430

(4) Cooperate with and assist the public utilities commission	9431
in the commission's administration of sections 4907.47 to 4907.476	9432
of the Revised Code, particularly with respect to the federal	9433
highway administration;	9434

(5) Cooperate with and assist the Ohio power siting board in	9435
the board's administration of Chapter 4906. of the Revised Code;	9436

(6) Give particular consideration to the development of	9437
policy and planning for public transportation facilities, and to	9438
the coordination of associated activities relating thereto, as	9439
prescribed under divisions (A)(2) and (3) of this section;	9440

(7) Conduct, in cooperation with the Ohio legislative service	9441
commission, any studies or comparisons of state traffic laws and	9442
local traffic ordinances with model laws and ordinances that may	9443
be required to meet program standards adopted by the United States	9444
department of transportation pursuant to the "Highway Safety Act	9445
of 1966," 80 Stat. 731, U.S.C.A. 401;	9446

(8) Prepare, print, distribute, and advertise books, maps,	9447
pamphlets, and other information that, in the judgment of the	9448
director, will inform the public and other governmental	9449
departments, agencies, and authorities as to the duties, powers,	9450
and functions of the department;	9451

(9) In its research and development program, consider	9452
technologies for improving safety, mobility, aviation and aviation	9453
education, transportation facilities, roadways, including	9454
construction techniques and materials to prolong project life,	9455
being used or developed by other states that have geographic,	9456
geologic, or climatic features similar to this state's, and	9457
collaborate with those states in that development.	9458

(B) Nothing contained in ~~division (A)(1) of~~ this section	9459
shall be held to in any manner affect, limit, restrict, or	9460
otherwise interfere with the exercise of powers relating to	9461
transportation facilities by appropriate agencies of the federal	9462
government, or by counties, municipal corporations, or other	9463
political subdivisions or special districts in this state	9464
authorized by law to exercise such powers.	9465

(C) The department may use all appropriate sources of revenue	9466
to assist in the development and implementation of rail service as	9467
defined by division (C) of section 4981.01 of the Revised Code.	9468

(D) The director of transportation may enter into contracts	9469
with public agencies including political subdivisions, other state	9470
agencies, boards, commissions, regional transit authorities,	9471
county transit boards, and port authorities, to administer the	9472
design, qualification of bidders, competitive bid letting,	9473
construction inspection, research, and acceptance of any projects	9474
or transportation facilities administered by the department,	9475
provided the administration of such projects or transportation	9476
facilities is performed in accordance with all applicable state	9477
and federal laws and regulations with oversight by the department.	9478

Sec. 5501.17. The director of transportation may employ such	9479
assistants as are necessary to prepare plans and surveys.	9480
Compensation paid for the preparation of plans, surveys, and	9481
specifications shall be regarded as a part of the cost and expense	9482
of the improvement for which they were made and shall be paid from	9483
funds set aside for the improvement.	9484

The director may appoint additional clerks and stenographers,	9485
and such other engineers, inspectors, technicians, and other	9486
employees as are necessary to carry out Chapters 4561., 5501.,	9487
5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523.,	9488
5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised	9489
Code. All such technicians employed under the authority of this	9490
section shall be eligible to receive pay during periods of on the	9491
job training or while attending special training schools conducted	9492
by the department of transportation. Such employees and	9493
appointees, in addition to their salaries, shall receive their	9494
actual necessary traveling expenses when on official business.	9495

The director may contract with regional, county, or municipal	9496
planning commissions or county engineers having adequate staffs,	9497
and with planning agencies of adjacent states, for the preparation	9498
of comprehensive transportation and land use studies and major	9499
thoroughfare reports, or parts thereof, and pay the commissions,	9500
county engineers, or planning agencies of adjacent states for such	9501
work from funds available to the department.	9502

Sec. 5501.31. The director of transportation shall have	9503
general supervision of all roads comprising the state highway	9504
system. The director may alter, widen, straighten, realign,	9505
relocate, establish, construct, reconstruct, improve, maintain,	9506
repair, and preserve any road or highway on the state highway	9507
system, and, in connection therewith, relocate, alter, widen,	9508
deepen, clean out, or straighten the channel of any watercourse as	9509
the director considers necessary, and purchase or appropriate	9510
property for the disposal of surplus materials or borrow pits,	9511
and, where an established road has been relocated, establish,	9512
construct, and maintain such connecting roads between the old and	9513
new location as will provide reasonable access thereto.	9514

The director may purchase or appropriate property necessary	9515
for the location or construction of any culvert, bridge, or	9516
viaduct, or the approaches thereto, including any property needed	9517
to extend, widen, or alter any feeder or outlet road, street, or	9518
way adjacent to or under the bridge or viaduct when the extension,	9519
widening, or alteration of the feeder road, street, or way is	9520
necessary for the full utilization of the bridge or viaduct, or	9521
for any other highway improvement. The director may purchase or	9522
appropriate, for such length of time as is necessary and	9523
desirable, any additional property required for the construction	9524
and maintenance of slopes, detour roads, sewers, roadside parks,	9525
rest areas, recreational park areas, park and ride facilities, and	9526
park and carpool or vanpool facilities, scenic view areas,	9527
drainage systems, or land to replace wetlands, incident to any	9528
highway improvement, that the director is or may be authorized to	9529
locate or construct. Also incident to any authorized highway	9530
improvement, the director may purchase property from a willing	9531
seller as required for the construction and maintenance of	9532
bikeways and bicycle paths or to replace, preserve, or conserve	9533
any environmental resource if the replacement, preservation, or	9534
conservation is required by state or federal law.	9535

Title to property purchased or appropriated by the director	9536
shall be taken in the name of the state either in fee simple or in	9537
any lesser estate or interest that the director considers	9538
necessary or proper, in accordance with forms to be prescribed by	9539
the attorney general. The deed shall contain a description of the	9540
property and be recorded in the county where the property is	9541
situated and, when recorded, shall be kept on file in the	9542
department of transportation. The property may be described by	9543
metes and bounds or by the department of transportation parcel	9544
number as shown on a right of way plan recorded in the county	9545
where the property is located.	9546

Provided that when property, other than property used by a	9547
railroad for operating purposes, is acquired in connection with	9548
improvements involving projects affecting railroads wherein the	9549
department is obligated to acquire property under grade separation	9550
statutes, or on other improvements wherein the department is	9551
obligated to acquire lands under agreements with railroads, or	9552
with a public utility, political subdivision, public corporation,	9553
or private corporation owning transportation facilities for the	9554
readjustment, relocation, or improvement of their facilities, a	9555
fee simple title or an easement may be acquired by purchase or	9556
appropriation in the name of the railroad, public utility,	9557
political subdivision, public corporation, or private corporation	9558
in the discretion of the director. When the title to lands, which	9559
are required to adjust, relocate, or improve such facilities	9560
pursuant to agreements with the director, is taken in the name of	9561
the state, then, in the discretion of the director, the title to	9562
such lands may be conveyed to the railroad, public utility,	9563
political subdivision, or public corporation for which they were	9564
acquired. The conveyance shall be prepared by the attorney general	9565
and executed by the governor and bear the great seal of the state	9566
of Ohio.	9567

The director, in the maintenance or repair of state highways,	9568
is not limited to the use of the materials with which the	9569
highways, including the bridges and culverts thereon, were	9570
originally constructed, but may use any material that is proper or	9571
suitable. The director may aid any board of county commissioners	9572
in establishing, creating, and repairing suitable systems of	9573
drainage for all highways within the jurisdiction or control of	9574
the board and advise with it as to the establishment,	9575
construction, improvement, maintenance, and repair of the	9576
highways.	9577

Chapters 4561., 5501., 5503., 5511., 5513., 5515., 5516.,	9578
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,	9579
5533., and 5535. of the Revised Code do not prohibit the federal	9580
government, any government agency, or any individual or	9581
corporation, from contributing a portion of the cost of the	9582
establishment, construction, reconstruction, relocating, widening,	9583
resurfacing, maintenance, and repair of the highways or	9584
transportation facilities.	9585

Except in the case of maintaining, repairing, erecting	9586
traffic signs on, or pavement marking of state highways within	9587
villages, which is mandatory as required by section 5521.01 of the	9588
Revised Code, and except as provided in section 5501.49 of the	9589
Revised Code, no duty of constructing, reconstructing, widening,	9590
resurfacing, maintaining, or repairing state highways within	9591
municipal corporations, or the culverts thereon, shall attach to	9592
or rest upon the director, but the director may construct,	9593
reconstruct, widen, resurface, maintain, and repair the same with	9594
or without the cooperation of any municipal corporation, or with	9595
or without the cooperation of boards of county commissioners upon	9596
each municipal corporation consenting thereto.	9597

Sec. 5501.73. (A) After selecting a solicited or unsolicited	9598
proposal for a public-private initiative, the department of	9599
transportation shall enter into a public-private agreement for a	9600
transportation facility with the selected private entity or any	9601
configuration of private entities. An affected jurisdiction may be	9602
a party to a public-private agreement entered into by the	9603
department and a selected private entity or combination of private	9604
entities.	9605

(B) A public-private agreement under this section shall	9606
provide for all of the following:	9607

(1) Planning, acquisition, financing, development, design,	9608
construction, reconstruction, replacement, improvement,	9609
maintenance, management, repair, leasing, or operation of a	9610
transportation facility;	9611

(2) Term of the public-private agreement;

9612

(3) Type of property interest, if any, the private entity	9613
will have in the transportation facility;	9614

(4) A specific plan to ensure proper maintenance of the	9615
transportation facility throughout the term of the agreement and a	9616
return of the facility to the department, if applicable, in good	9617
condition and repair;	9618

(5) Whether user fees will be collected on the transportation	9619
facility and the basis by which such user fees shall be determined	9620
and modified;	9621

(6) Compliance with applicable federal, state, and local	9622
laws;	9623

(7) Grounds for termination of the public-private agreement	9624
by the department or operator;	9625

(8) Disposition of the facility upon completion of the	9626
agreement;	9627

(9) Procedures for amendment of the agreement.

9628

(C) A public-private agreement under this section may provide	9629
for any of the following:	9630

(1) Review and approval by the department of the operator's	9631
plans for the development and operation of the transportation	9632
facility;	9633

(2) Inspection by the department of construction of or	9634
improvements to the transportation facility;	9635

(3) Maintenance by the operator of a policy of liability	9636
insurance or self-insurance;	9637

(4) Filing by the operator, on a periodic basis, of	9638
appropriate financial statements in a form acceptable to the	9639
department;	9640

(5) Filing by the operator, on a periodic basis, of traffic	9641
reports in a form acceptable to the department;	9642

(6) Financing obligations of the operator and the department;

9643

(7) Apportionment of expenses between the operator and the	9644
department;	9645

(8) Rights and duties of the operator, the department, and	9646
other state and local governmental entities with respect to use of	9647
the transportation facility;	9648

(9) Rights and remedies available in the event of default or	9649
delay;	9650

(10) Terms and conditions of indemnification of the operator	9651
by the department;	9652

(11) Assignment, subcontracting, or other delegation of	9653
responsibilities of the operator or the department under the	9654
agreement to third parties, including other private entities and	9655
other state agencies;	9656

(12) Sale or lease to the operator of private property	9657
related to the transportation facility;	9658

(13) Traffic enforcement and other policing issues, including	9659
any reimbursement by the private entity for such services.	9660

(D)(1) The director of transportation may include in any	9661
public-private agreement under sections 5501.70 to 5501.83 of the	9662
Revised Code a provision authorizing a binding dispute resolution	9663
method for any controversy subsequently arising out of the	9664
contract. The binding dispute resolution method may proceed only	9665
upon agreement of all parties to the controversy. If all parties	9666
do not agree to proceed to a binding dispute resolution, a party	9667
having a claim against the department shall exhaust its	9668
administrative remedies specified in the public-private agreement	9669
prior to filing any action against the department in the court of	9670
claims.	9671

No appeal from the determination of a technical expert lies	9672
to any court, except that the court of common pleas of Franklin	9673
County may issue an order vacating such a determination upon the	9674
application of any party to the binding dispute resolution if any	9675
of the following applies:	9676

(a) The determination was procured by corruption, fraud, or	9677
undue means.	9678

(b) There was evidence of partiality or corruption on the	9679
part of the technical expert.	9680

(c) The technical expert was guilty of misconduct in refusing	9681
to postpone the hearing, upon sufficient cause shown, or in	9682
refusing to hear evidence pertinent and material to the	9683
controversy, or of any other misbehavior by which the rights of	9684
any party have been prejudiced.	9685

(2) As used in this division, "binding dispute resolution"	9686
means a binding determination after review by a technical expert	9687
of all relevant items, which may include documents, and by	9688
interviewing appropriate personnel and visiting the project site	9689
involved in the controversy. "Binding dispute resolution" does not	9690
involve representation by legal counsel or advocacy by any person	9691
on behalf of any party to the controversy.	9692

(E) No public-private agreement entered into under this	9693
section shall be construed to transfer to a private entity the	9694
director's authority to appropriate property under Chapters 163.,	9695
5501., and 5519. of the Revised Code.	9696

Sec. 5501.77. (A) For the purposes of carrying out sections	9697
5501.70 to 5501.83 of the Revised Code, the department of	9698
transportation may do all of the following:	9699

(1) Accept, subject to applicable terms and conditions,	9700
available funds from the United States or any of its agencies,	9701
whether the funds are made available by grant, loan, or other	9702
financial assistance;	9703

(2) Enter into agreements or other arrangements with the	9704
United States or any of its agencies as may be necessary;	9705

(3) For the purpose of completing a transportation facility	9706
under an agreement, accept from any source any grant, donation,	9707
gift, or other form of conveyance of land, money, other real or	9708
personal property, or other item of value made to the state or the	9709
department.	9710

(B) Any transportation facility may be financed in whole or	9711
in part by contribution of any funds or property made by any	9712
private entity or affected jurisdiction that is party to a	9713
public-private agreement under sections 5501.70 to 5501.83 of the	9714
Revised Code.	9715

(C) The department may use federal, state, local, and private	9716
funds to finance a transportation facility under sections 5501.70	9717
to 5501.83 of the Revised Code and shall comply with any	9718
requirements and restrictions governing the use of the funds,	9719
including maintaining the funds separately when necessary.	9720

(D) The director of transportation, in accordance with	9721
Chapter 119. of the Revised Code, may adopt such rules as the	9722
director considers advisable for the control and regulation of	9723
traffic on any transportation facility subject to a public-private	9724
agreement, for the protection and preservation of the	9725
transportation facility, for the maintenance and preservation of	9726
good order within the transportation facility, and for the purpose	9727
of establishing vehicle owner or operator liability for avoidance	9728
of user fees. The rules shall provide that public police officers	9729
shall be afforded ready access, while in the performance of their	9730
official duties, to the transportation facility without the	9731
payment of user fees.	9732

(1) No person shall violate any rules of the department of	9733
transportation adopted under this division.	9734

(2)(a) All fines collected for the violation of applicable	9735
laws of the state and the rules of the department of	9736
transportation or money arising from bonds forfeited for such	9737
violation shall be disposed of in accordance with section 5503.04	9738
of the Revised Code.	9739

(b) All fees or charges assessed by the department of	9740
transportation or a public-private operator in accordance with	9741
this section against an owner or operator of a vehicle as a civil	9742
violation for failure to comply with toll collection rules shall	9743
be revenues of the department or public-private operator as set	9744
forth in the public-private agreement.	9745

(E)(1) Except as provided in division (E)(2) of this section,	9746
whoever violates division (D)(1) of this section is guilty of a	9747
minor misdemeanor on a first offense; on each subsequent offense	9748
such person is guilty of a misdemeanor of the fourth degree.	9749

(2) Whoever violates division (D)(1) of this section when the	9750
violation is a civil violation for failure to comply with toll	9751
collection rules is subject to a fee or charge established by the	9752
department by rule.	9753

Sec. 5502.01. (A) The department of public safety shall	9754
administer and enforce the laws relating to the registration,	9755
licensing, sale, and operation of motor vehicles and the laws	9756
pertaining to the licensing of drivers of motor vehicles.	9757

The department shall compile, analyze, and publish statistics	9758
relative to motor vehicle accidents and the causes of them,	9759
prepare and conduct educational programs for the purpose of	9760
promoting safety in the operation of motor vehicles on the	9761
highways, and conduct research and studies for the purpose of	9762
promoting safety on the highways of this state.	9763

(B) The department shall administer the laws and rules	9764
relative to trauma and emergency medical services specified in	9765
Chapter 4765. of the Revised Code and any laws and rules relative	9766
to medical transportation services specified in Chapter 4766. of	9767
the Revised Code.	9768

(C) The department shall administer and enforce the laws	9769
contained in Chapters 4301. and 4303. of the Revised Code and	9770
enforce the rules and orders of the liquor control commission	9771
pertaining to retail liquor permit holders.	9772

(D) The department shall administer the laws governing the	9773
state emergency management agency and shall enforce all additional	9774
duties and responsibilities as prescribed in the Revised Code	9775
related to emergency management services.	9776

(E) The department shall conduct investigations pursuant to	9777
Chapter 5101. of the Revised Code in support of the duty of the	9778
department of job and family services to administer the	9779
supplemental nutrition assistance program throughout this state.	9780
The department of public safety shall conduct investigations	9781
necessary to protect the state's property rights and interests in	9782
the supplemental nutrition assistance program.	9783

(F) The department of public safety shall enforce compliance	9784
with orders and rules of the public utilities commission and	9785
applicable laws in accordance with Chapters 4905., 4921., and	9786
4923. of the Revised Code regarding commercial motor vehicle	9787
transportation safety, economic, and hazardous materials	9788
requirements.	9789

(G) Notwithstanding Chapter 4117. of the Revised Code, the	9790
department of public safety may establish requirements for its	9791
enforcement personnel, including its enforcement agents described	9792
in section 5502.14 of the Revised Code, that include standards of	9793
conduct, work rules and procedures, and criteria for eligibility	9794
as law enforcement personnel.	9795

(H) The department shall administer, maintain, and operate	9796
the Ohio criminal justice network. The Ohio criminal justice	9797
network shall be a computer network that supports state and local	9798
criminal justice activities. The network shall be an electronic	9799
repository for various data, which may include arrest warrants,	9800
notices of persons wanted by law enforcement agencies, criminal	9801
records, prison inmate records, stolen vehicle records, vehicle	9802
operator's licenses, and vehicle registrations and titles.	9803

(I) The department shall coordinate all homeland security	9804
activities of all state agencies and shall be a liaison between	9805
state agencies and local entities for those activities and related	9806
purposes.	9807

(J) Beginning July 1, 2004, the department shall administer	9808
and enforce the laws relative to private investigators and	9809
security service providers specified in Chapter 4749. of the	9810
Revised Code.	9811

(K) The department shall administer criminal justice services	9812
in accordance with sections 5502.61 to 5502.66 of the Revised	9813
Code.	9814

Sec. 5503.01. There is hereby created in the department of	9815
public safety a division of state highway patrol which shall be	9816
administered by a superintendent of the state highway patrol.	9817

The superintendent shall be appointed by the director of	9818
public safety, and shall serve at the director's pleasure. The	9819
superintendent shall hold the rank of colonel and be appointed	9820
from within the eligible ranks of the patrol. The superintendent	9821
shall give bond for the faithful performance of the	9822
superintendent's official duties in such amount and with such	9823
security as the director approves.	9824

The superintendent, with the approval of the director, may	9825
appoint any number of state highway patrol troopers and radio	9826
operators as are necessary to carry out sections 5503.01 to	9827
5503.06 of the Revised Code, but the number of troopers shall not	9828
be less than eight hundred eighty. The number of radio operators	9829
shall not exceed eighty in number. Except as provided in this	9830
section, at the time of appointment, troopers shall be not less	9831
than twenty-one years of age, nor have reached thirty-five years	9832
of age. A person who is attending a training school for	9833
prospective state highway patrol troopers established under	9834
section 5503.05 of the Revised Code and attains the age of	9835
thirty-five years during the person's period of attendance at that	9836
training school shall not be disqualified as over age and shall be	9837
permitted to continue to attend the training school as long as the	9838
person otherwise is eligible to do so. Such a person also remains	9839
eligible to be appointed a trooper. Any other person who attains	9840
or will attain the age of thirty-five years prior to the time of	9841
appointment shall be disqualified as over age.	9842

At the time of appointment, troopers shall have been legal	9843
residents of Ohio for at least one year, except that this	9844
residence requirement may be waived by the superintendent.	9845

If any state highway patrol troopers become disabled through	9846
accident or illness, the superintendent, with the approval of the	9847
director, shall fill any vacancies through the appointment of	9848
other troopers from a qualified list to serve during the period of	9849
the disability.	9850

The superintendent and state highway patrol troopers shall be	9851
vested with the authority of peace officers for the purpose of	9852
enforcing the laws of the state that it is the duty of the patrol	9853
to enforce and may arrest, without warrant, any person who, in the	9854
presence of the superintendent or any trooper, is engaged in the	9855
violation of any such laws. The state highway patrol troopers	9856
shall never be used as peace officers in connection with any	9857
strike or labor dispute.	9858

Each state highway patrol trooper and radio operator, upon	9859
appointment and before entering upon official duties, shall take	9860
an oath of office for faithful performance of the trooper's or	9861
radio operator's official duties and execute a bond in the sum of	9862
twenty-five hundred dollars, payable to the state and for the use	9863
and benefit of any aggrieved party who may have a cause of action	9864
against any trooper or radio operator for misconduct while in the	9865
performance of official duties. In no event shall the bond include	9866
any claim arising out of negligent operation of a motorcycle or	9867
motor vehicle used by a trooper or radio operator in the	9868
performance of official duties.	9869

The superintendent shall prescribe a distinguishing uniform	9870
and badge which shall be worn by each state highway patrol trooper	9871
and radio operator while on duty, unless otherwise designated by	9872
the superintendent. No person shall wear the distinguishing	9873
uniform of the state highway patrol or the badge or any	9874
distinctive part of that uniform, except on order of the	9875
superintendent.	9876

The superintendent, with the approval of the director, may	9877
appoint necessary clerks, stenographers, and employees.	9878

Sec. 5503.03. The state highway patrol and the	9879
superintendent of the state highway patrol shall be furnished by	9880
the state with such vehicles, equipment, and supplies as the	9881
director of public safety deems necessary, all of which shall	9882
remain the property of the state and be strictly accounted for by	9883
each member of the patrol.	9884

The patrol may be equipped with standardized and tested	9885
devices for weighing vehicles, and may stop and weigh any vehicle	9886
which appears to weigh in excess of the amounts permitted by	9887
sections 5577.01 to 5577.14 of the Revised Code.	9888

The superintendent, with the approval of the director, shall	9889
prescribe rules for instruction and discipline, make all	9890
administrative rules, and fix the hours of duty for patrol	9891
officers. HeThe superintendent shall divide the state into	9892
districts and assign members of the patrol to such districts in a	9893
manner that hethe superintendent deems proper. HeThe	9894
superintendent may transfer members of the patrol from one	9895
district to another, ~~and classify~~ and rank members of the patrol.	9896
All ranks below the level of superintendent shall be classified.	9897
All promotions to a higher grade shall be made from the next lower	9898
grade. When a patrol officer is promoted by the superintendent,	9899
the officer's salary shall be increased to that of the lowest step	9900
in the pay range for the new grade which shall increase the	9901
officer's salary or wage by at least nine per cent of the base pay	9902
wherever possible.	9903

Sec. 5503.04. Forty-five per cent of the fines collected	9904
from or moneys arising from bail forfeited by persons apprehended	9905
or arrested by state highway patrol troopers shall be paid into	9906
the state treasury to be credited to the general revenue fund,	9907
five per cent shall be paid into the state treasury to be credited	9908
to the trauma and emergency medical services fund created by	9909
section 4513.263 of the Revised Code, and fifty per cent shall be	9910
paid into the treasury of the municipal corporation where the case	9911
is prosecuted, if in a mayor's court. If the prosecution is in a	9912
trial court outside a municipal corporation, or outside the	9913
territorial jurisdiction of a municipal court, the fifty per cent	9914
of the fines and moneys that is not paid into the state treasury	9915
shall be paid into the treasury of the county where the case is	9916
prosecuted. The fines and moneys paid into a county treasury and	9917
the fines and moneys paid into the treasury of a municipal	9918
corporation shall be deposited one-half to the same fund and	9919
expended in the same manner as is the revenue received from the	9920
registration of motor vehicles, and one-half to the general fund	9921
of such county or municipal corporation.	9922

If the prosecution is in a municipal court, forty-five per	9923
cent of the fines and moneys shall be paid into the state treasury	9924
to be credited to the general revenue fund, five per cent shall be	9925
paid into the state treasury to be credited to the trauma and	9926
emergency medical services ~~grants~~ fund created by division (E) of	9927
section 4513.263 of the Revised Code, ten per cent shall be paid	9928
into the county treasury to be credited to the general fund of the	9929
county, and forty per cent shall be paid into the municipal	9930
treasury to be credited to the general fund of the municipal	9931
corporation. In the Auglaize county, Clermont county, Crawford	9932
county, Hocking county, Jackson county, Lawrence county, Madison	9933
county, Miami county, Ottawa county, Portage county, and Wayne	9934
county municipal courts, that portion of money otherwise paid into	9935
the municipal treasury shall be paid into the county treasury.	9936

The trial court shall make remittance of the fines and moneys	9937
as prescribed in this section, and at the same time as the	9938
remittance is made of the state's portion to the state treasury,	9939
the trial court shall notify the superintendent of the state	9940
highway patrol of the case and the amount covered by the	9941
remittance.	9942

This section does not apply to fines for violations of	9943
division (B) of section 4513.263 of the Revised Code, or for	9944
violations of any municipal ordinance that is substantively	9945
comparable to that division, all of which shall be delivered to	9946
the treasurer of state as provided in division (E) of section	9947
4513.263 of the Revised Code.	9948

Sec. 5503.31. The state highway patrol shall have the same	9949
authority as is conferred upon it by section 5503.02 of the	9950
Revised Code with respect to the enforcement of state laws on	9951
other roads and highways and on other state properties, to enforce	9952
on all turnpike projects the laws of the state and the bylaws,	9953
rules, and regulations of the Ohio turnpike and infrastructure	9954
commission. The patrol, the superintendent of the patrol, and all	9955
state highway patrol troopers shall have the same authority to	9956
make arrests on all turnpike projects for violations of state laws	9957
and of bylaws, rules, and regulations of the Ohio turnpike and	9958
infrastructure commission as is conferred upon them by section	9959
5503.02 of the Revised Code to make arrests on, and in connection	9960
with offenses committed on, other roads and highways and on other	9961
state properties.	9962

Sec. 5503.32. The director of public safety may from time to	9963
time enter into contracts with the Ohio turnpike and	9964
infrastructure commission with respect to the policing of turnpike	9965
projects by the state highway patrol. The contracts shall provide	9966
for the reimbursement of the state by the commission for the costs	9967
incurred by the patrol in policing turnpike projects, including,	9968
but not limited to, the salaries of employees of the patrol	9969
assigned to the policing, the current costs of funding retirement	9970
pensions for the employees of the patrol and of providing workers'	9971
compensation for them, the cost of training state highway patrol	9972
troopers and radio operators assigned to turnpike projects, and	9973
the cost of equipment and supplies used by the patrol in such	9974
policing, and of housing for such troopers and radio operators, to	9975
the extent that the equipment, supplies, and housing are not	9976
directly furnished by the commission. Each contract may provide	9977
for the ascertainment of such costs, and shall be of any duration,	9978
not in excess of five years, and may contain any other terms, that	9979
the director and the commission may agree upon. The patrol shall	9980
not be obligated to furnish policing services on any turnpike	9981
project beyond the extent required by the contract. All payments	9982
pursuant to any contract in reimbursement of the costs of the	9983
policing shall be deposited in the state treasury to the credit of	9984
the turnpike policing fund, which is hereby created. All	9985
investment earnings of the fund shall be credited to the fund.	9986

Sec. 5513.01. (A) All purchases of machinery, materials,	9987
supplies, or other articles that the director of transportation	9988
makes shall be in the manner provided in this section. In all	9989
cases except those in which the director provides written	9990
authorization for purchases by district deputy directors of	9991
transportation, all such purchases shall be made at the central	9992
office of the department of transportation in Columbus. Before	9993
making any purchase at that office, the director, as provided in	9994
this section, shall give notice to bidders of the director's	9995
intention to purchase. Where the expenditure does not exceed the	9996
amount applicable to the purchase of supplies specified in	9997
division (B) of section 125.05 of the Revised Code, as adjusted	9998
pursuant to division (D) of that section, the director shall give	9999
such notice as the director considers proper, or the director may	10000
make the purchase without notice. Where the expenditure exceeds	10001
the amount applicable to the purchase of supplies specified in	10002
division (B) of section 125.05 of the Revised Code, as adjusted	10003
pursuant to division (D) of that section, the director shall give	10004
notice by posting for not less than ten days a written, typed, or	10005
printed invitation to bidders on a bulletin board, which shall be	10006
located in a place in the offices assigned to the department and	10007
open to the public during business hours. Producers or	10008
distributors of any product may notify the director, in writing,	10009
of the class of articles for the furnishing of which they desire	10010
to bid and their post-office addresses, in which case copies of	10011
all invitations to bidders relating to the purchase of such	10012
articles shall be mailed to such persons by the director by	10013
regular first class mail at least ten days prior to the time fixed	10014
for taking bids. The director also may mail copies of all	10015
invitations to bidders to news agencies or other agencies or	10016
organizations distributing information of this character. Requests	10017
for invitations shall not be valid nor require action by the	10018
director unless renewed, either annually or after such shorter	10019
period as the director may prescribe by a general rule. The	10020
invitation to bidders shall contain a brief statement of the	10021
general character of the article that it is intended to purchase,	10022
the approximate quantity desired, and a statement of the time and	10023
place where bids will be received, and may relate to and describe	10024
as many different articles as the director thinks proper, it being	10025
the intent and purpose of this section to authorize the inclusion	10026
in a single invitation of as many different articles as the	10027
director desires to invite bids upon at any given time.	10028
Invitations issued during each calendar year shall be given	10029
consecutive numbers, and the number assigned to each invitation	10030
shall appear on all copies thereof. In all cases where notice is	10031
required by this section, sealed bids shall be taken, on forms	10032
prescribed and furnished by the director, and modification of bids	10033
after they have been opened shall not be permitted.	10034

(B) The director may permit the Ohio turnpike and	10035
infrastructure commission, any political subdivision, and any	10036
state university or college to participate in contracts into which	10037
the director has entered for the purchase of machinery, materials,	10038
supplies, or other articles. The turnpike and infrastructure	10039
commission and any political subdivision or state university or	10040
college desiring to participate in such purchase contracts shall	10041
file with the director a certified copy of the bylaws or rules of	10042
the turnpike and infrastructure commission or the ordinance or	10043
resolution of the legislative authority, board of trustees, or	10044
other governing board requesting authorization to participate in	10045
such contracts and agreeing to be bound by such terms and	10046
conditions as the director prescribes. Purchases made by the	10047
turnpike and infrastructure commission, political subdivisions, or	10048
state universities or colleges under this division are exempt from	10049
any competitive bidding required by law for the purchase of	10050
machinery, materials, supplies, or other articles.	10051

10052

(1) "Political subdivision" means any county, township,	10053
municipal corporation, conservancy district, township park	10054
district, park district created under Chapter 1545. of the Revised	10055
Code, port authority, regional transit authority, regional airport	10056
authority, regional water and sewer district, county transit	10057
board, or school district as defined in section 5513.04 of the	10058
Revised Code.	10059

(2) "State university or college" has the same meaning as in	10060
division (A)(1) of section 3345.32 of the Revised Code.	10061

(3) "Ohio turnpike and infrastructure commission" means the	10062
commission created by section 5537.02 of the Revised Code.	10063

Sec. 5517.02. (A) Before undertaking the construction,	10064
reconstruction by widening or resurfacing, or improvement of a	10065
state highway, or a bridge or culvert thereon, or the installation	10066
of a traffic control signal on a state highway, the director of	10067
transportation, except as provided in section 5517.021 of the	10068
Revised Code, shall make an estimate of the cost of the work using	10069
the force account project assessment form developed by the auditor	10070
of state under section 117.16 of the Revised Code. In	10071
~~constructing, or reconstructing by widening or resurfacing,~~	10072
~~improving, maintaining, and repairing state highways, and the~~	10073
~~bridges and culverts thereon, and in installing, maintaining, and~~	10074
~~repairing traffic control signals on state highways, the director,~~	10075
~~except as provided in division (B) of this section, shall proceed~~	10076
~~by contract let to the lowest competent and responsible bidder,~~	10077
~~after advertisement as provided in section 5525.01 of the Revised~~	10078
~~Code~~When a force account project assessment form is required, the	10079
estimate shall include costs for subcontracted work and any	10080
competitively bid component costs.	10081

(B)(1) ~~Where the work contemplated is the construction of a~~	10082
~~bridge or culvert, or the installation of a traffic control~~	10083
~~signal, estimated to cost not more than fifty thousand dollars,~~	10084
~~the director may proceed by employing labor, purchasing materials,~~	10085
~~and furnishing equipment.~~	10086

~~(2) The~~After complying with division (A) of this section,	10087
the director may ~~also~~ proceed without competitive bidding with	10088
maintenance or repair work by employing labor, purchasing	10089
materials, and furnishing equipment, ~~provided~~if the total	10090
estimated cost of the completed operation, or series of connected	10091
operations, does not exceed ~~twenty-five~~the following, as adjusted	10092
under division (B)(2) of this section:	10093

(a) Thirty thousand dollars per centerline mile of highway,	10094
exclusive of structures and traffic control signals~~, or fifty~~;	10095

(b) Sixty thousand dollars for any single ~~structure or~~	10096
traffic control signal or any other single project.	10097

~~(3)~~(2) On the first day of July of every odd-numbered year	10098
beginning in 2015, the director shall increase the amounts	10099
established in division (B)(1) of this section by an amount not to	10100
exceed the lesser of three per cent, or the percentage amount of	10101
any increase in the department of transportation's construction	10102
cost index as annualized and totaled for the prior two calendar	10103
years. The director shall publish the applicable amounts on the	10104
department's internet web site.	10105

(C) The director may proceed by furnishing equipment,	10106
purchasing materials, and employing labor in the erection of	10107
temporary bridges or the making of temporary repairs to a highway	10108
or bridge rendered necessary by flood, landslide, or other	10109
extraordinary emergency. If the director determines inability to	10110
complete such emergency work by force account, the director may	10111
contract for any part of the work, with or without advertising for	10112
bids, as the director considers for the best interest of the	10113
department of transportation.	10114

(D) When a project proceeds by force account under this	10115
section or section 5517.021 of the Revised Code, the department of	10116
transportation shall perform the work in compliance with any	10117
project requirements and specifications that would have applied if	10118
a contract for the work had been let by competitive bidding. The	10119
department shall retain in the project record all records	10120
documenting materials testing compliance, materials placement	10121
compliance, actual personnel and equipment hours usage, and all	10122
other documentation that would have been required if a contract	10123
for the work had been let by competitive bidding.	10124

(E) The director shall proceed by competitive bidding to let	10125
work to the lowest competent and responsible bidder after	10126
advertisement as provided in section 5525.01 of the Revised Code	10127
in both of the following situations:	10128

(1) When the scope of work exceeds the limits established in	10129
section 5517.021 of the Revised Code;	10130

(2) When the estimated cost for a project, other than work	10131
described in section 5517.021 of the Revised Code, exceeds the	10132
amounts established in division (B) of this section, as adjusted.	10133

Sec. 5517.021. (A)(1) The director of transportation may	10134
proceed without competitive bidding by employing labor, purchasing	10135
materials, and furnishing equipment to do any of the following	10136
work:	10137

(a) Replace any single span bridge in its substantial	10138
entirety or widen any single span bridge, including necessary	10139
modifications to accommodate widening the existing substructure	10140
and wing walls. The director shall proceed under division	10141
(A)(1)(a) of this section only if the deck area of the new or	10142
widened bridge does not exceed seven hundred square feet as	10143
measured around the outside perimeter of the deck.	10144

(b) Replace the bearings, beams, and deck of any bridge on	10145
that bridge's existing foundation if the deck area of the	10146
rehabilitated structure does not exceed eight hundred square feet;	10147

(c) Construct or replace any single cell or multi-cell	10148
culvert whose total waterway opening does not exceed fifty-two	10149
square feet;	10150

(d) Pave or patch an asphalt surface if the operation does	10151
not exceed one hundred twenty tons of asphalt per lane-mile of	10152
roadway length, except that the department shall not perform a	10153
continuous resurfacing operation under this section if the cost of	10154
the work exceeds the amount established in division (B)(1)(a) of	10155
section 5517.02 of the Revised Code, as adjusted.	10156

(2) Work performed in accordance with division (A)(1) of this	10157
section may include approach roadway work, extending not more than	10158
one hundred fifty feet as measured from the back side of the	10159
bridge abutment wall or outside edge of the culvert, as	10160
applicable. The length of an approach guardrail shall be in	10161
accordance with department of transportation design requirements	10162
and shall not be included in the approach work size limitation.	10163

(B) The requirements of section 117.16 of the Revised Code	10164
shall not apply to work described in division (A) of this section	10165
and the work shall be exempt from audit for force account purposes	10166
except to determine compliance with the applicable size or tonnage	10167
restrictions.	10168

Sec. 5525.01. Before entering into a contract, the director	10169
of transportation shall advertise for bids for two consecutive	10170
weeks in one newspaper of general circulation published in the	10171
county in which the improvement or part thereof is located, but if	10172
there is no such newspaper then in one newspaper having general	10173
circulation in an adjacent county. In the alternative, the	10174
director may advertise for bids as provided in section 7.16 of the	10175
Revised Code. The director may advertise for bids in such other	10176
publications as the director considers advisable. Such notices	10177
shall state that plans and specifications for the improvement are	10178
on file in the office of the director and the district deputy	10179
director of the district in which the improvement or part thereof	10180
is located and the time within which bids therefor will be	10181
received.	10182

Each bidder shall be required to file with the bidder's bid a	10183
bid guaranty in the form of a certified check, a cashier's check,	10184
or an electronic funds transfer to the treasurer of state that is	10185
evidenced by a receipt or by a certification to the director of	10186
transportation in a form prescribed by the director that an	10187
electronic funds transfer has been made to the treasurer of state,	10188
for an amount equal to five per cent of the bidder's bid, but in	10189
no event more than fifty thousand dollars, or a bid bond for ten	10190
per cent of the bidder's bid, payable to the director, which	10191
check, transferred sum, or bond shall be forthwith returned to the	10192
bidder in case the contract is awarded to another bidder, or, in	10193
case of a successful bidder, when the bidder has entered into a	10194
contract and furnished the bonds required by section 5525.16 of	10195
the Revised Code. In the event the contract is awarded to a	10196
bidder, and the bidder fails or refuses to furnish the bonds as	10197
required by section 5525.16 of the Revised Code, the check,	10198
transferred sum, or bid bond filed with the bidder's bid shall be	10199
forfeited as liquidated damages. No bidder shall be required	10200
either to file a signed contract with the bidder's bid, to enter	10201
into a contract, or to furnish the contract performance bond and	10202
the payment bond required by that section until the bids have been	10203
opened and the bidder has been notified by the director that the	10204
bidder is awarded the contract.	10205

The director shall permit a bidder to withdraw the bidder's	10206
bid from consideration, without forfeiture of the check,	10207
transferred sum, or bid bond filed with the bid, providing a	10208
written request together with a sworn statement of the grounds for	10209
such withdrawal is delivered within forty-eight hours after the	10210
time established for the receipt of bids, and if the price bid was	10211
substantially lower than the other bids, providing the bid was	10212
submitted in good faith, and the reason for the price bid being	10213
substantially lower was a clerical mistake evident on the face of	10214
the bid, as opposed to a judgment mistake, and was actually due to	10215
an unintentional and substantial arithmetic error or an	10216
unintentional omission of a substantial quantity of work, labor,	10217
or material made directly in the compilation of the bid. In the	10218
event the director decides the conditions for withdrawal have not	10219
been met, the director may award the contract to such bidder. If	10220
such bidder does not then enter into a contract and furnish the	10221
contract bond as required by law, the director may declare	10222
forfeited the check, transferred sum, or bid bond as liquidated	10223
damages and award the contract to the next higher bidder or reject	10224
the remaining bids and readvertise the project for bids. Such	10225
bidder ~~may~~, within thirty days, may appeal the decision of the	10226
director to the court of common pleas of Franklin county and the	10227
court may affirm or reverse the decision of the director and may	10228
order the director to refund the amount of the forfeiture. At the	10229
hearing before the common pleas court evidence may be introduced	10230
for and against the decision of the director. The decision of the	10231
common pleas court may be appealed as in other cases.	10232

There is hereby created the ODOT letting fund, which shall be	10233
in the custody of the treasurer of state but shall not be part of	10234
the state treasury. All certified checks and cashiers' checks	10235
received with bidders' bids, and all sums transferred to the	10236
treasurer of state by electronic funds transfer in connection with	10237
bidders' bids, under this section shall be credited to the fund.	10238
All such bid guaranties shall be held in the fund until a	10239
determination is made as to the final disposition of the money. If	10240
the department determines that any such bid guaranty is no longer	10241
required to be held, the amount of the bid guaranty shall be	10242
returned to the appropriate bidder. If the department determines	10243
that a bid guaranty under this section shall be forfeited, the	10244
amount of the bid guaranty shall be transferred or, in the case of	10245
money paid on a forfeited bond, deposited into the state treasury,	10246
to the credit of the highway operating fund. Any investment	10247
earnings of the ODOT letting fund shall be distributed as the	10248
treasurer of state considers appropriate.	10249

The director shall require all bidders to furnish the	10250
director, upon such forms as the director may prescribe, detailed	10251
information with respect to all pending work of the bidder,	10252
whether with the department of transportation or otherwise,	10253
together with such other information as the director considers	10254
necessary.	10255

In the event a bidder fails to submit anything required to be	10256
submitted with the bid and then fails or refuses to so submit such	10257
at the request of the director, the failure or refusal constitutes	10258
grounds for the director, in the director's discretion, to declare	10259
as forfeited the bid guaranty submitted with the bid.	10260

The director may reject any or all bids. Except in regard to	10261
contracts for environmental remediation and specialty work for	10262
which there are no classes of work set out in the rules adopted by	10263
the director, if the director awards the contract, the director	10264
shall award it to the lowest competent and responsible bidder as	10265
defined by rules adopted by the director under section 5525.05 of	10266
the Revised Code, who is qualified to bid under sections 5525.02	10267
to 5525.09 of the Revised Code. In regard to contracts for	10268
environmental remediation and specialty work for which there are	10269
no classes of work set out in the rules adopted by the director,	10270
the director shall competitively bid the projects in accordance	10271
with this chapter and shall award the contracts to the lowest and	10272
best bidder.	10273

The award for all projects competitively let by the director	10274
under this section shall be made within ten days after the date on	10275
which the bids are opened, and the successful bidder shall enter	10276
into a contract and furnish a contract performance bond and a	10277
payment bond, as provided for in section 5525.16 of the Revised	10278
Code, within ten days after the bidder is notified that the bidder	10279
has been awarded the contract.	10280

The director may insert in any contract awarded under this	10281
chapter a clause providing for value engineering change proposals,	10282
under which a contractor who has been awarded a contract may	10283
propose a change in the plans and specifications of the project	10284
that saves the department time or money on the project without	10285
impairing any of the essential functions and characteristics of	10286
the project such as service life, reliability, economy of	10287
operation, ease of maintenance, safety, and necessary standardized	10288
features. If the director adopts the value engineering proposal,	10289
the savings from the proposal shall be divided between the	10290
department and the contractor according to guidelines established	10291
by the director, provided that the contractor shall receive at	10292
least fifty per cent of the savings from the proposal. The	10293
adoption of a value engineering proposal does not invalidate the	10294
award of the contract or require the director to rebid the	10295
project.	10296

Sec. 5525.16. (A) Before entering into a contract, the	10297
director of transportation shall require a contract performance	10298
bond and a payment bond with sufficient sureties, as follows:	10299

(1) A contract performance bond in an amount equal to one	10300
hundred per cent of the ~~estimated cost of the work~~contract	10301
amount, conditioned, among other things, that the contractor will	10302
perform the work upon the terms proposed, within the time	10303
prescribed, and in accordance with the plans and specifications,	10304
will indemnify the state against any damage that may result from	10305
any failure of the contractor to so perform, and, further, in case	10306
of a grade separation will indemnify any railroad company involved	10307
against any damage that may result by reason of the negligence of	10308
the contractor in making the improvement.	10309

(2) A payment bond in an amount equal to one hundred per cent	10310
of the ~~estimated cost of the work~~contract amount, conditioned for	10311
the payment by the contractor and all subcontractors for labor or	10312
work performed or materials furnished in connection with the work,	10313
improvement, or project involved.	10314

(B) In no case is the state liable for damages sustained in	10315
the construction of any work, improvement, or project under this	10316
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	10317
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	10318
5535. of the Revised Code.	10319

This section does not require the director to take bonds as	10320
described in division (A) of this section in connection with any	10321
force account work, but the director may require those bonds in	10322
connection with force account work.	10323

If any bonds taken under this section are executed by a	10324
surety company, the director may not approve such bonds unless	10325
there is attached a certificate of the superintendent of insurance	10326
that the company is authorized to transact business in this state,	10327
and a copy of the power of attorney of the agent of the company.	10328
The superintendent, upon request, shall issue to any licensed	10329
agent of such company the certificate without charge.	10330

The bonds required to be taken under this section shall be	10331
executed by the same surety, approved by the director as to	10332
sufficiency of the sureties, and be in the form prescribed by the	10333
attorney general.	10334

(C) Any person to whom any money is due for labor or work	10335
performed or materials furnished in connection with a work,	10336
improvement, or project, at any time after performing the labor or	10337
furnishing the materials but not later than ninety days after the	10338
acceptance of the work, improvement, or project by the director,	10339
may furnish to the sureties on the payment bond a statement of the	10340
amount due the person. If the indebtedness is not paid in full at	10341
the expiration of sixty days after the statement is furnished, the	10342
person may commence an action in the person's own name upon the	10343
bond as provided in sections 2307.06 and 2307.07 of the Revised	10344
Code.	10345

An action shall not be commenced against the sureties on a	10346
payment bond until sixty days after the furnishing of the	10347
statement described in this section or, notwithstanding section	10348
2305.12 of the Revised Code, later than one year after the date of	10349
the acceptance of the work, improvement, or project.	10350

(D) As used in this section, "improvement," "subcontractor,"	10351
"material supplier," and "materials" have the same meanings as in	10352
section 1311.01 of the Revised Code, and "contractor" has the same	10353
meaning as "original contractor" as defined in that section.	10354

Sec. 5526.01. As used in this chapter:

10355

(A) "Firm" means any person or limited liability company that	10356
is legally engaged in rendering professional services.	10357

(B) "Federal Water Pollution Control Act" has the same	10358
meaning as in section 6111.01 of the Revised Code.	10359

10360

(1) The practice of engineering as defined in section 4733.01	10361
of the Revised Code;	10362

(2) The practice of surveying as defined in section 4733.01	10363
of the Revised Code;	10364

(3) The practice of landscape architecture as defined in	10365
section 4703.30 of the Revised Code;	10366

(4) The evaluation of environmental impacts performed in	10367
accordance with the "National Environmental Policy Act of 1969,"	10368
83 Stat. 852, 42 U.S.C. 4321, as amended, the Federal Water	10369
Pollution Control Act, or any other applicable law or regulation;	10370

(5) Right-of-way acquisition services such as right-of-way	10371
project management, title searches, property valuations,	10372
appraisals, appraisal reviews, negotiations, relocation services,	10373
appropriation activities, real estate closings, and property	10374
management activities that are performed for the purpose of	10375
properly acquiring private and public property rights in	10376
conjunction with public highway projects and that conform to	10377
Chapters 163. and 5501. of the Revised Code; rules 5501:2-5-01 to	10378
5501:2-5-06 of the Ohio Administrative Code; the "Uniform	10379
Relocation Assistance and Real Property Acquisition Policies Act	10380
of 1970," 84 Stat. 1894, 42 U.S.C. 4601, et seq., as amended; the	10381
"Surface Transportation and Uniform Relocation Assistance Act of	10382
1987," Public Law No. 100-17, 101 Stat. 132; applicable provisions	10383
of Titles 23 and 49 of the Code of Federal Regulations; and any	10384
applicable policies and procedures established by the department	10385
of transportation;	10386

(6) Services related to the department's administration of	10387
construction contract claims, including, but not limited to, the	10388
analysis of claims, assistance in negotiations, and assistance	10389
during litigation;	10390

(7) Architectural services related to bridges;

10391

(8) Any other professional service that is determined by the	10392
director of transportation or any other designated officials of	10393
the department to be necessary for the provision of transportation	10394
services or to provide assistance to the department in futherance	10395
of its statutory duties and powers.	10396

"Professional services" does not mean the practice of	10397
architecture as regulated under Chapter 4703. of the Revised Code,	10398
except landscape architecture and architectural services related	10399
to bridges as provided in divisions (C)(3) and (7) of this	10400
section.	10401

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

10402

(1) The competence of a firm to perform required professional	10403
services as indicated by the technical training, education, and	10404
experience of the firm's personnel, in particular the technical	10405
training, education, and experience of the firm's personnel	10406
assigned to perform professional services for the department;	10407

(2) The ability of a firm in terms of its workload and the	10408
availability of qualified personnel, equipment, and facilities to	10409
perform the required professional services competently and	10410
expeditiously;	10411

(3) The past performance of a firm as indicated by	10412
evaluations of previous clients of the firm with respect to such	10413
factors as control of costs, quality of work, and meeting of	10414
deadlines;	10415

(4) Any other relevant factors as determined by the director.

10416

Sec. 5533.31. The road known as interstate route eighty,	10417
extending across Ohio from the Pennsylvania border in Trumbull	10418
county to the Indiana border in Williams county, shall be known as	10419
the "Christopher Columbus highway."	10420

The director of transportation may erect suitable markers	10421
upon the portions of such highway under ~~his~~the director's	10422
jurisdiction indicating its name, and the Ohio turnpike and	10423
infrastructure commission may erect suitable markers on the	10424
portions of such highway under its jurisdiction indicating its	10425
name.	10426

Sec. 5537.01. As used in this chapter:

10427

(A) "Commission" means the Ohio turnpike and infrastructure	10428
commission created by section 5537.02 of the Revised Code or, if	10429
that commission is abolished, the board, body, officer, or	10430
commission succeeding to the principal functions thereof or to	10431
which the powers given by this chapter to the commission are given	10432
by law.	10433

(B) "~~Project" or "turnpike~~Turnpike project" means any	10434
express or limited access highway, super highway, or motorway	10435
constructed, operated, or improved, under the jurisdiction of the	10436
commission and pursuant to this chapter, at a location or	10437
locations reviewed by the turnpike legislative review committee	10438
and approved by the governor, including all bridges, tunnels,	10439
overpasses, underpasses, interchanges, entrance plazas,	10440
approaches, those portions of connecting public roads that serve	10441
interchanges and are determined by the commission and the director	10442
of transportation to be necessary for the safe merging of traffic	10443
between the turnpike project and those public roads, toll booths,	10444
service facilities, and administration, storage, and other	10445
buildings, property, and facilities that the commission considers	10446
necessary for the operation or policing of the turnpike project,	10447
together with all property and rights which may be acquired by the	10448
commission for the construction, maintenance, or operation of the	10449
turnpike project, and includes any sections or extensions of a	10450
turnpike project designated by the commission as such for the	10451
particular purpose. Each turnpike project shall be separately	10452
designated, by name or number, and may be constructed, improved,	10453
or extended in such sections as the commission may from time to	10454
time determine. Construction includes the improvement and	10455
renovation of a previously constructed turnpike project, including	10456
additional interchanges, whether or not the turnpike project was	10457
initially constructed by the commission.	10458

(C) "Infrastructure project" means any public express or	10459
limited access highway, super highway, or motorway, including all	10460
bridges, tunnels, overpasses, underpasses, interchanges, entrance	10461
plazas, approaches, and those portions of connecting public roads	10462
that serve interchanges, that is constructed or improved, in whole	10463
or in part, with infrastructure funding approved pursuant to	10464
criteria established under section 5537.18 of the Revised Code.	10465

(D) "Cost," as applied to construction of a turnpike project	10466
or an infrastructure project, includes the cost of construction,	10467
including bridges over or under existing highways and railroads,	10468
acquisition of all property acquired either by the commission or	10469
by the owner of the infrastructure project for the construction,	10470
demolishing or removing any buildings or structures on land so	10471
acquired, including the cost of acquiring any lands to which the	10472
buildings or structures may be moved, site clearance, improvement,	10473
and preparation, diverting public roads, interchanges with public	10474
roads, access roads to private property, including the cost of	10475
land or easements therefor, all machinery, furnishings, and	10476
equipment, communications facilities, financing expenses, interest	10477
prior to and during construction and for one year after completion	10478
of construction, traffic estimates, indemnity and surety bonds and	10479
premiums on insurance, title work and title commitments,	10480
insurance, and guarantees, engineering, feasibility studies, and	10481
legal expenses, plans, specifications, surveys, estimates of cost	10482
and revenues, other expenses necessary or incident to determining	10483
the feasibility or practicability of constructing or operating a	10484
turnpike project or an infrastructure project, administrative	10485
expenses, and any other expense that may be necessary or incident	10486
to the construction of the turnpike project or an infrastructure	10487
project, the financing of the construction, and the placing of the	10488
turnpike project or an infrastructure project in operation. Any	10489
obligation or expense incurred by the department of transportation	10490
with the approval of the commission for surveys, borings,	10491
preparation of plans and specifications, and other engineering	10492
services in connection with the construction of a turnpike project	10493
or an infrastructure project, or by the federal government with	10494
the approval of the commission for any public road projects which	10495
must be reimbursed as a condition to the exercise of any of the	10496
powers of the commission under this chapter, shall be regarded as	10497
a part of the cost of the turnpike project or an infrastructure	10498
project and shall be reimbursed to the state or the federal	10499
government, as the case may be, from revenues, state taxes, or the	10500
proceeds of bonds as authorized by this chapter.	10501

~~(D)~~(E) "Owner" includes all persons having any title or	10502
interest in any property authorized to be acquired by the	10503
commission for turnpike projects under this chapter, or the public	10504
entity for whom an infrastructure project is funded, in whole or	10505
in part, by the commission under this chapter.	10506

~~(E)~~(F) "Revenues" means all tolls, service revenues,	10507
investment income on special funds, rentals, gifts, grants, and	10508
all other moneys coming into the possession of or under the	10509
control of the commission by virtue of this chapter, except the	10510
proceeds from the sale of bonds. "Revenues" does not include state	10511
taxes.	10512

~~(F)~~(G) "Public roads" means all public highways, roads, and	10513
streets in the state, whether maintained by a state agency or any	10514
other governmental agency.	10515

~~(G)~~(H) "Public utility facilities" means tracks, pipes,	10516
mains, conduits, cables, wires, towers, poles, and other equipment	10517
and appliances of any public utility.	10518

~~(H)~~(I) "Financing expenses" means all costs and expenses	10519
relating to the authorization, issuance, sale, delivery,	10520
authentication, deposit, custody, clearing, registration,	10521
transfer, exchange, fractionalization, replacement, payment, and	10522
servicing of bonds including, without limitation, costs and	10523
expenses for or relating to publication and printing, postage,	10524
delivery, preliminary and final official statements, offering	10525
circulars, and informational statements, travel and	10526
transportation, underwriters, placement agents, investment	10527
bankers, paying agents, registrars, authenticating agents,	10528
remarketing agents, custodians, clearing agencies or corporations,	10529
securities depositories, financial advisory services,	10530
certifications, audits, federal or state regulatory agencies,	10531
accounting and computation services, legal services and obtaining	10532
approving legal opinions and other legal opinions, credit ratings,	10533
redemption premiums, and credit enhancement facilities.	10534

~~(I)~~(J) "Bond proceedings" means the resolutions, trust	10535
agreements, certifications, notices, sale proceedings, leases,	10536
lease-purchase agreements, assignments, credit enhancement	10537
facility agreements, and other agreements, instruments, and	10538
documents, as amended and supplemented, or any one or more or any	10539
combination thereof, authorizing, or authorizing or providing for	10540
the terms and conditions applicable to, or providing for the	10541
security or sale or award or liquidity of, bonds, and includes the	10542
provisions set forth or incorporated in those bonds and bond	10543
proceedings.	10544

~~(J)~~(K) "Bond service charges" means principal, including any	10545
mandatory sinking fund or mandatory redemption requirements for	10546
the retirement of bonds, and interest and any redemption premium	10547
payable on bonds, as those payments come due and are payable to	10548
the bondholder or to a person making payment under a credit	10549
enhancement facility of those bond service charges to a	10550
bondholder.	10551

~~(K)~~(L) "Bond service fund" means the applicable fund created	10552
by the bond proceedings for and pledged to the payment of bond	10553
service charges on bonds provided for by those proceedings,	10554
including all moneys and investments, and earnings from	10555
investments, credited and to be credited to that fund as provided	10556
in the bond proceedings.	10557

~~(L)~~(M) "Bonds" means bonds, notes, including notes	10558
anticipating bonds or other notes, commercial paper, certificates	10559
of participation, or other evidences of obligation, including any	10560
interest coupons pertaining thereto, issued by the commission	10561
pursuant to this chapter.	10562

~~(M)~~(N) "Infrastructure fund" means the applicable fund or	10563
funds created by the bond proceedings, which shall be used to pay	10564
or defray the cost of infrastructure projects recommended by the	10565
director of transportation and evaluated and approved by the	10566
commission.	10567

(O) "Net revenues" means revenues lawfully available to pay	10568
both current operating expenses of the commission and bond service	10569
charges in any fiscal year or other specified period, less current	10570
operating expenses of the commission and any amount necessary to	10571
maintain a working capital reserve for that period.	10572

~~(N)~~(P) "Pledged revenues" means net revenues, moneys and	10573
investments, and earnings on those investments, in the applicable	10574
bond service fund and any other special funds, and the proceeds of	10575
any bonds issued for the purpose of refunding prior bonds, all as	10576
lawfully available and by resolution of the commission committed	10577
for application as pledged revenues to the payment of bond service	10578
charges on particular issues of bonds.	10579

~~(O)~~(Q) "Service facilities" means service stations,	10580
restaurants, and other facilities for food service, roadside parks	10581
and rest areas, parking, camping, tenting, rest, and sleeping	10582
facilities, hotels or motels, and all similar and other facilities	10583
providing services to the traveling public in connection with the	10584
use of a turnpike project and owned, leased, licensed, or operated	10585
by the commission.	10586

~~(P)~~(R) "Service revenues" means those revenues of the	10587
commission derived from its ownership, leasing, licensing, or	10588
operation of service facilities.	10589

~~(Q)~~(S) "Special funds" means the applicable bond service fund	10590
and any accounts and subaccounts in that fund, any other funds or	10591
accounts permitted by and established under, and identified as a	10592
"special fund" or "special account" in, the bond proceedings,	10593
including any special fund or account established for purposes of	10594
rebate or other requirements under federal income tax laws.	10595

~~(R)~~(T) "State agencies" means the state, officers of the	10596
state, and boards, departments, branches, divisions, or other	10597
units or agencies of the state.	10598

~~(S)~~(U) "State taxes" means receipts of the commission from	10599
the proceeds of state taxes or excises levied and collected, or	10600
appropriated by the general assembly to the commission, for the	10601
purposes and functions of the commission. State taxes do not	10602
include tolls, or investment earnings on state taxes except on	10603
those state taxes referred to in Section 5a of Article XII, Ohio	10604
Constitution.	10605

~~(T)~~(V) "Tolls" means tolls, special fees or permit fees, or	10606
other charges by the commission to the owners, lessors, lessees,	10607
or operators of motor vehicles for the operation of or the right	10608
to operate those vehicles on a turnpike project.	10609

~~(U)~~(W) "Credit enhancement facilities" means letters of	10610
credit, lines of credit, standby, contingent, or firm securities	10611
purchase agreements, insurance, or surety arrangements,	10612
guarantees, and other arrangements that provide for direct or	10613
contingent payment of bond service charges, for security or	10614
additional security in the event of nonpayment or default in	10615
respect of bonds, or for making payment of bond service charges	10616
and at the option and on demand of bondholders or at the option of	10617
the commission or upon certain conditions occurring under put or	10618
similar arrangements, or for otherwise supporting the credit or	10619
liquidity of the bonds, and includes credit, reimbursement,	10620
marketing, remarketing, indexing, carrying, interest rate hedge,	10621
and subrogation agreements, and other agreements and arrangements	10622
for payment and reimbursement of the person providing the credit	10623
enhancement facility and the security for that payment and	10624
reimbursement.	10625

~~(V)~~(X) "Person" has the same meaning as in section 1.59 of	10626
the Revised Code and, unless the context otherwise provides, also	10627
includes any governmental agency and any combination of those	10628
persons.	10629

~~(W)~~(Y) "Refund" means to fund and retire outstanding bonds,	10630
including advance refunding with or without payment or redemption	10631
prior to stated maturity.	10632

~~(X)~~(Z) "Governmental agency" means any state agency, federal	10633
agency, political subdivision, or other local, interstate, or	10634
regional governmental agency, and any combination of those	10635
agencies.	10636

~~(Y)~~(AA) "Property" has the same meaning as in section 1.59 of	10637
the Revised Code, and includes interests in property.	10638

~~(Z)~~(BB) "Administrative agent," "agent," "commercial paper,"	10639
"floating rate interest structure," "indexing agent," "interest	10640
rate hedge," "interest rate period," "put arrangement," and	10641
"remarketing agent" have the same meanings as in section 9.98 of	10642
the Revised Code.	10643

~~(AA)~~(CC) "Outstanding," as applied to bonds, means	10644
outstanding in accordance with the terms of the bonds and the	10645
applicable bond proceedings.	10646

~~(BB)~~(DD) "Ohio turnpike system" or "system" means all	10647
existing and future turnpike projects constructed, operated, and	10648
maintained under the jurisdiction of the commission.	10649

(EE) "Ohio turnpike and infrastructure system" means turnpike	10650
projects and infrastructure projects funded by the commission	10651
existing on and after July 1, 2013.	10652

Sec. 5537.02. (A) There is hereby created a commission to be	10653
known on and after July 1, 2013, as the "Ohio turnpike and	10654
infrastructure commission." The commission is a body both	10655
corporate and politic, constituting an instrumentality of the	10656
state, and the exercise by it of the powers conferred by this	10657
chapter in the construction, operation, and maintenance of the	10658
Ohio turnpike system, and also in entering into agreements with	10659
the department of transportation to pay the cost or a portion of	10660
the costs of infrastructure projects, are and shall be held to be	10661
essential governmental functions of the state, but the commission	10662
shall not be immune from liability by reason thereof. Chapter	10663
2744. of the Revised Code applies to the commission and the	10664
commission is a political subdivision of the state for purposes of	10665
that chapter. The commission is subject to all provisions of law	10666
generally applicable to state agencies which do not conflict with	10667
this chapter.	10668

(B)(1) The commission shall consist of ~~nine~~ten members as	10669
follows:	10670

(a) ~~Four~~Six members appointed by the governor with the	10671
advice and consent of the senate, no more than ~~two~~three of whom	10672
shall be members of the same political party;	10673

(b) The director of transportation, who shall be a voting	10674
member, and the director of budget and management, ~~and the~~	10675
~~director of development, each~~both of whom shall ~~be a member~~serve	10676
as ex officio members, without compensation;	10677

(c) One member of the senate, appointed by the president of	10678
the senate, who shall represent either a district in which is	10679
located or through which passes a portion of a turnpike project	10680
that is part of the Ohio turnpike system or a district located in	10681
the vicinity of a turnpike project that is part of the Ohio	10682
turnpike system;	10683

(d) One member of the house of representatives, appointed by	10684
the speaker of the house of representatives, who shall represent	10685
either a district in which is located or through which passes a	10686
portion of a turnpike project that is part of the Ohio turnpike	10687
system or a district located in the vicinity of a turnpike project	10688
that is part of the Ohio turnpike system.	10689

(2) The members appointed by the governor shall be residents	10690
of the state, shall have been qualified electors therein for a	10691
period of at least five years next preceding their appointment,	10692
~~and~~. In making the appointments, the governor may appoint persons	10693
who reside in different geographic areas of the state, taking into	10694
consideration the various turnpike and infrastructure projects in	10695
the state. Members appointed to the commission prior to July 1,	10696
2013, shall serve terms of eight years commencing on the first day	10697
of July and ending on the thirtieth day of June. Thereafter,	10698
members appointed by the governor shall serve terms of three years	10699
commencing on the first day of July and ending on the thirtieth	10700
day of June. Those members appointed by the president of the	10701
senate or the speaker of the house of representatives shall serve	10702
a term of the remainder of the general assembly during which the	10703
senator or representative is appointed. Each appointed member	10704
shall hold office from the date of appointment until the end of	10705
the term for which the member was appointed. If a commission	10706
member dies or resigns, or if a senator or representative who is a	10707
member of the commission ceases to be a senator or representative,	10708
or if an ex officio member ceases to hold the applicable office,	10709
the vacancy shall be filled in the same manner as provided in	10710
division (B)(1) of this section. Any member who fills a vacancy	10711
occurring prior to the end of the term for which the member's	10712
predecessor was appointed shall, if appointed by the governor,	10713
hold office for the remainder of such term or, if appointed by the	10714
president of the senate or the speaker of the house of	10715
representatives, shall hold office for the remainder of the term	10716
or for a shorter period of time as determined by the president or	10717
the speaker. Any member appointed by the governor shall continue	10718
in office subsequent to the expiration date of the member's term	10719
until the member's successor takes office, or until a period of	10720
sixty days has elapsed, whichever occurs first. A member of the	10721
commission is eligible for reappointment. Each member of the	10722
commission appointed by the governor, before entering upon the	10723
member's duties, shall take an oath as provided by Section 7 of	10724
Article XV, Ohio Constitution. The governor, the president of the	10725
senate, or the speaker of the house of representatives, may at any	10726
time remove their respective appointees to the commission for	10727
misfeasance, nonfeasance, or malfeasance in office.	10728

(3)(a) A member of the commission who is appointed by the	10729
president of the senate or the speaker of the house of	10730
representatives shall not participate in any vote of the	10731
commission. Serving as an appointed member of the commission under	10732
divisions (B)(1)(c), (1)(d), or (2) of this section does not	10733
constitute grounds for resignation from the senate or the house of	10734
representatives under section 101.26 of the Revised Code.	10735

(b) The director of budget and management ~~and the director of~~	10736
~~development~~ shall not participate in any vote of the commission.	10737

(C) The voting members of the commission shall elect one of	10738
the ~~appointed~~ voting members as chairperson and another as	10739
vice-chairperson, and shall appoint a secretary-treasurer who need	10740
not be a member of the commission. ~~Three~~Four of the voting	10741
members of the commission constitute a quorum, and the affirmative	10742
vote of ~~three~~four voting members is necessary for any action	10743
taken by the commission. No vacancy in the membership of the	10744
commission impairs the rights of a quorum to exercise all the	10745
rights and perform all the duties of the commission.	10746

(D) Each member of the commission appointed by the governor	10747
shall give a surety bond to the commission in the penal sum of	10748
twenty-five thousand dollars and the secretary-treasurer shall	10749
give such a bond in at least the penal sum of fifty thousand	10750
dollars. The commission may require any of its officers or	10751
employees to file surety bonds including a blanket bond as	10752
provided in section 3.06 of the Revised Code. Each such bond shall	10753
be in favor of the commission and shall be conditioned upon the	10754
faithful performance of the duties of the office, executed by a	10755
surety company authorized to transact business in this state,	10756
approved by the governor, and filed in the office of the secretary	10757
of state. The costs of the surety bonds shall be paid or	10758
reimbursed by the commission from revenues. Each member of the	10759
commission appointed by the governor shall receive an annual	10760
salary of five thousand dollars, payable in monthly installments.	10761
Each member shall be reimbursed for the member's actual expenses	10762
necessarily incurred in the performance of the member's duties.	10763
All costs and expenses incurred by the commission in carrying out	10764
this chapter shall be payable solely from revenues and state	10765
taxes, and no liability or obligation shall be incurred by the	10766
commission beyond the extent to which revenues have been provided	10767
for pursuant to this chapter.	10768

Sec. 5537.03. In order to remove present and anticipated	10769
handicaps and potential hazards on the congested highways in this	10770
state, to facilitate vehicular traffic throughout the state, to	10771
finance infrastructure projects that enhance mobility and economic	10772
development in Ohio, to promote the agricultural, commercial,	10773
recreational, tourism, and industrial development of the state,	10774
and to provide for the general welfare by the construction,	10775
improvement, and maintenance of modern express highways embodying	10776
safety devices, including without limitation center divisions,	10777
ample shoulder widths, longsight distances, multiple lanes in each	10778
direction, and grade separations at intersections with other	10779
public roads and railroads, the Ohio turnpike and infrastructure	10780
commission~~, subject~~may do the following:	10781

(A) Subject to section 5537.26 of the Revised Code, ~~may~~	10782
construct, maintain, repair, and operate a system of turnpike	10783
projects at locations that are reviewed by the turnpike	10784
legislative review committee and approved by the governor, and in	10785
accordance with alignment and design standards that are approved	10786
by the director of transportation, and issue revenue bonds of this	10787
state, payable solely from pledged revenues, to pay the cost of	10788
those projects. The turnpikes and turnpike projects authorized by	10789
this chapter are hereby or shall be made part of the Ohio turnpike	10790
system.	10791

(B) Provide the infrastructure funds to pay the cost or a	10792
portion of the cost of infrastructure projects as recommended by	10793
the director of transportation pursuant to a determination made by	10794
the commission based on criteria set forth in rules adopted by the	10795
commission under section 5537.18 of the Revised Code. A	10796
determination by the commission to provide infrastructure funds	10797
for an infrastructure project shall be conclusive and	10798
incontestable.	10799

Sec. 5537.04. (A) The Ohio turnpike and infrastructure	10800
commission may do any of the following:	10801

(1) Adopt bylaws for the regulation of its affairs and the	10802
conduct of its business;	10803

(2) Adopt an official seal, which shall not be the great seal	10804
of the state and which need not be in compliance with section 5.10	10805
of the Revised Code;	10806

(3) Maintain a principal office and suboffices at such places	10807
within the state as it designates;	10808

(4) ~~Sue~~With respect to the Ohio turnpike system and turnpike	10809
projects, sue and be sued in its own name, plead and be impleaded,	10810
provided any actions against the commission shall be brought in	10811
the court of common pleas of the county in which the principal	10812
office of the commission is located, or in the court of common	10813
pleas of the county in which the cause of action arose if that	10814
county is located within this state, and all summonses,	10815
exceptions, and notices of every kind shall be served on the	10816
commission by leaving a copy thereof at its principal office with	10817
the secretary-treasurer or executive director of the commission;	10818

(5) With respect to infrastructure projects only, sue and be	10819
sued in its own name, plead and be impleaded, provided any actions	10820
against the commission shall be brought in the court of common	10821
pleas of Franklin county, and all summonses, exceptions, and	10822
notices of every kind shall be served on the commission by leaving	10823
a copy thereof at its principal office with the	10824
secretary-treasurer or executive director of the commission.	10825

(6) Construct, maintain, repair, police, and operate the	10826
turnpike system, and establish rules for the use of any turnpike	10827
project;	10828

~~(6)~~(7) Issue revenue bonds of the state, payable solely from	10829
pledged revenues, as provided in this chapter, for the purpose of	10830
paying any part of the cost of constructing any one or more	10831
turnpike projects or infrastructure projects;	10832

~~(7)~~(8) Fix, and revise from time to time, and charge and	10833
collect tolls by any method approved by the commission, including,	10834
but not limited to, manual methods or through electronic	10835
technology accepted within the tolling industry;	10836

~~(8)~~(9) Acquire, hold, and dispose of property in the exercise	10837
of its powers and the performance of its duties under this	10838
chapter;	10839

~~(9)~~(10) Designate the locations and establish, limit, and	10840
control such points of ingress to and egress from each turnpike	10841
project as are necessary or desirable in the judgment of the	10842
commission and of the director of transportation to ensure the	10843
proper operation and maintenance of that turnpike project, and	10844
prohibit entrance to such a turnpike project from any point not so	10845
designated;	10846

~~(10)~~(11) Make and enter into all contracts and agreements	10847
necessary or incidental to the performance of its duties and the	10848
execution of its powers under this chapter, including	10849
participation in a multi-jurisdiction electronic toll collection	10850
agreement and collection or remittance of tolls, fees, or other	10851
charges to or from entities or agencies that participate in such	10852
an agreement;	10853

~~(11)~~(12) Employ or retain or contract for the services of	10854
consulting engineers, superintendents, managers, and any other	10855
engineers, construction and accounting experts, financial	10856
advisers, trustees, marketing, remarketing, and administrative	10857
agents, attorneys, and other employees, independent contractors,	10858
or agents that are necessary in its judgment and fix their	10859
compensation, provided all such expenses shall be payable solely	10860
from the proceeds of bonds or from revenues of the Ohio turnpike	10861
system;	10862

~~(12)~~(13) Receive and accept from any federal agency, subject	10863
to the approval of the governor, and from any other governmental	10864
agency grants for or in aid of the construction, reconstruction,	10865
repair, renovation, maintenance, or operation of any turnpike	10866
project, and receive and accept aid or contributions from any	10867
source or person of money, property, labor, or other things of	10868
value, to be held, used, and applied only for the purposes for	10869
which such grants and contributions are made;	10870

~~(13)~~(14) Provide coverage for its employees under Chapters	10871
4123. and 4141. of the Revised Code;	10872

~~(14)~~(15) Fix and revise by rule, from time to time, such	10873
permit fees, processing fees, or administrative charges for the	10874
prepayment, deferred payment, or nonpayment of tolls and use of	10875
electronic tolling equipment or other commission property;	10876

(16) Adopt rules for the issuance of citations either by a	10877
policing authority or through administrative means to individuals	10878
or corporations that evade the payment of tolls established for	10879
the use of any turnpike project;	10880

(17) Approve funding and authorize agreements with the	10881
department of transportation for the funding of infrastructure	10882
projects recommended by the director of transportation pursuant to	10883
the criteria established by rule under section 5537.18 of the	10884
Revised Code.	10885

(B) The commission may do all acts necessary or proper to	10886
carry out the powers expressly granted in this chapter.	10887

Sec. 5537.05. (A) The Ohio turnpike and infrastructure	10888
commission may construct grade separations at intersections of any	10889
turnpike project with public roads and railroads, and change and	10890
adjust the lines and grades of those roads and railroads, and of	10891
public utility facilities, which change and adjustment of lines	10892
and grades of those roads shall be subject to the approval of the	10893
governmental agency having jurisdiction over the road, so as to	10894
accommodate them to the design of the grade separation. The cost	10895
of the grade separation and any damage incurred in changing and	10896
adjusting the lines and grades of roads, railroads, and public	10897
utility facilities shall be ascertained and paid by the commission	10898
as a part of the cost of the turnpike project or from revenues or	10899
state taxes.	10900

(1) If the commission finds it necessary to change the	10901
location of any portion of any public road, railroad, or public	10902
utility facility, it shall cause the same to be reconstructed at	10903
the location the governmental agency having jurisdiction over such	10904
road, railroad, or public utility facility considers most	10905
favorable. The construction shall be of substantially the same	10906
type and in as good condition as the original road, railroad, or	10907
public utility facility. The cost of the reconstruction,	10908
relocation, or removal and any damage incurred in changing the	10909
location shall be ascertained and paid by the commission as a part	10910
of the cost of the turnpike project or from revenues or state	10911
taxes.	10912

(2) The commission may petition the board of county	10913
commissioners of the county in which is situated any public road	10914
or part thereof affected by the location therein of any turnpike	10915
project, for the vacation or relocation of the road or any part	10916
thereof, in the same manner and with the same force and effect as	10917
is given to the director of transportation pursuant to sections	10918
5553.04 to 5553.11 of the Revised Code.	10919

(B) The commission and its authorized agents and employees,	10920
after proper notice, may enter upon any lands, waters, and	10921
premises in the state for the purpose of making surveys,	10922
soundings, drillings, and examinations that are necessary or	10923
proper for the purposes of this chapter, and the entry shall not	10924
be deemed a trespass, nor shall an entry for those purposes be	10925
deemed an entry under any appropriation proceedings which may then	10926
be pending, provided that before entering upon the premises of any	10927
railroad notice shall be given to the superintendent of the	10928
railroad involved at least five days in advance of entry, and	10929
provided that no survey, sounding, drilling, and examination shall	10930
be made between the rails or so close to a railroad track as would	10931
render the track unusable. The commission shall make reimbursement	10932
for any actual damage resulting to such lands, waters, and	10933
premises and to private property located in, on, along, over, or	10934
under such lands, waters, and premises, as a result of such	10935
activities. The state, subject to the approval of the governor,	10936
hereby consents to the use of all lands owned by it, including	10937
lands lying under water, that are necessary or proper for the	10938
construction, maintenance, or operation of any turnpike project,	10939
provided adequate consideration is provided for the use.	10940

(C) The commission may make reasonable provisions or rules	10941
for the installation, construction, maintenance, repair, renewal,	10942
relocation, and removal of public utility facilities in, on,	10943
along, over, or under any turnpike project. Whenever the	10944
commission determines that it is necessary that any public utility	10945
facilities located in, on, along, over, or under any turnpike	10946
project should be relocated in or removed from the turnpike	10947
project, the public utility owning or operating the facilities	10948
shall relocate or remove them in accordance with the order of the	10949
commission. Except as otherwise provided in any license or other	10950
agreement with the commission, the cost and expenses of such	10951
relocation or removal, including the cost of installing the	10952
facilities in a new location, the cost of any lands, or any rights	10953
or interests in lands, and any other rights, acquired to	10954
accomplish the relocation or removal, shall be ascertained and	10955
paid by the commission as part of the cost of the turnpike project	10956
or from revenues of the Ohio turnpike system. In case of any such	10957
relocation or removal of facilities, the public utility owning or	10958
operating them and its successors or assigns may maintain and	10959
operate the facilities, with the necessary appurtenances, in the	10960
new location, for as long a period, and upon the same terms, as it	10961
had the right to maintain and operate the facilities in their	10962
former location.	10963

(D) The commission is subject to Chapters 1515., 6131.,	10964
6133., 6135., and 6137. of the Revised Code and shall pay any	10965
assessments levied under those chapters for an improvement or	10966
maintenance of an improvement on land under the control or	10967
ownership of the commission.	10968

Sec. 5537.051. (A)(1) In any county that as of January 1,	10969
2011, had closed one or more roads as a result of grade separation	10970
failure at intersections of a turnpike project with a county or	10971
township road, the Ohio turnpike and infrastructure commission is	10972
responsible for the major maintenance and repair and replacement	10973
of failed grade separations. The governmental entity with	10974
jurisdiction over the county or township road is responsible for	10975
routine maintenance of such failed grade separations.	10976

(2) This section does not apply to any grade separation at	10977
intersections of a turnpike project with a county or township road	10978
except as described in division (A)(1) of this section.	10979

(3) Major maintenance and repair and replacement of	10980
aforementioned failed grade separations shall commence not later	10981
than July 1, 2011, and be completed before December 31, 2014.	10982

(B) As used in this section:

10983

(1) "Major maintenance and repair and replacement" relates to	10984
all elements constructed as part of or required for a grade	10985
separation, including bridges, pile, foundations, substructures,	10986
abutments, piers, superstructures, approach slabs, slopes,	10987
embankments, fences, and appurtenances.	10988

(2) "Routine maintenance" includes, without limitation,	10989
clearing debris, sweeping, snow and ice removal, wearing surface	10990
improvements, marking for traffic control, box culverts, drainage	10991
facilities including headwalls and underdrains, inlets, catch	10992
basins and grates, guardrails, minor and emergency repairs to	10993
railing and appurtenances, and emergency patching.	10994

Sec. 5537.06. (A) The Ohio turnpike and infrastructure	10995
commission may acquire by purchase, lease, lease-purchase, lease	10996
with option to purchase, appropriation, or otherwise and in such	10997
manner and for such consideration as it considers proper, any	10998
public or private property necessary, convenient, or proper for	10999
the construction, maintenance, or efficient operation of the Ohio	11000
turnpike system. The commission may pledge net revenues, to the	11001
extent permitted by this chapter with respect to bonds, to secure	11002
payments to be made by the commission under any such lease,	11003
lease-purchase agreement, or lease with option to purchase. Title	11004
to personal property, and interests less than a fee in real	11005
property, shall be held in the name of the commission. Title to	11006
real property held in fee shall be held in the name of the state	11007
for the use of the commission. In any proceedings for	11008
appropriation under this section, the procedure to be followed	11009
shall be in accordance with the procedure provided in sections	11010
163.01 to 163.22 of the Revised Code, including division (B) of	11011
section 163.06 of the Revised Code notwithstanding the limitation	11012
in that division of its applicability to roads open to the public	11013
without charge. Except as otherwise agreed upon by the owner, full	11014
compensation shall be paid for public property so taken.	11015

(B) This section does not authorize the commission to take or	11016
disturb property or facilities belonging to any public utility or	11017
to a common carrier engaged in interstate commerce, which property	11018
or facilities are required for the proper and convenient operation	11019
of the public utility or common carrier, unless provision is made	11020
for the restoration, relocation, replication, or duplication of	11021
the property or facilities elsewhere at the sole cost of the	11022
commission.	11023

(C) Disposition of real property shall be by the commission	11024
in the manner and for the consideration it determines if to a	11025
state agency or other governmental agency, and otherwise in the	11026
manner provided in section 5501.45 of the Revised Code for the	11027
disposition of property by the director of transportation.	11028
Disposition of personal property shall be in the manner and for	11029
the consideration the commission determines.	11030

(D) Any instrument by which real property is acquired	11031
pursuant to this section shall identify the agency of the state	11032
that has the use and benefit of the real property as specified in	11033
section 5301.012 of the Revised Code.	11034

Sec. 5537.07. (A) When the cost to the Ohio turnpike and	11035
infrastructure commission under any contract with a person other	11036
than a governmental agency involves an expenditure of more than	11037
fifty thousand dollars, the commission shall make a written	11038
contract with the lowest responsive and responsible bidder in	11039
accordance with section 9.312 of the Revised Code after	11040
advertisement for not less than two consecutive weeks in a	11041
newspaper of general circulation in Franklin county, and in such	11042
other publications as the commission determines, which notice	11043
shall state the general character of the work and the general	11044
character of the materials to be furnished, the place where plans	11045
and specifications therefor may be examined, and the time and	11046
place of receiving bids. The commission may require that the cost	11047
estimate for the construction, demolition, alteration, repair,	11048
improvement, renovation, or reconstruction of roadways and bridges	11049
for which the commission is required to receive bids be kept	11050
confidential and remain confidential until after all bids for the	11051
public improvement have been received or the deadline for	11052
receiving bids has passed. Thereafter, and before opening the bids	11053
submitted for the roadways and bridges, the commission shall make	11054
the cost estimate public knowledge by reading the cost estimate in	11055
a public place. The commission may reject any and all bids. The	11056
requirements of this division do not apply to contracts for the	11057
acquisition of real property or compensation for professional or	11058
other personal services.	11059

(B) Each bid for a contract for construction, demolition,	11060
alteration, repair, improvement, renovation, or reconstruction	11061
shall contain the full name of every person interested in it and	11062
shall meet the requirements of section 153.54 of the Revised Code.	11063

(C) Other than for a contract referred to in division (B) of	11064
this section, each bid for a contract that involves an expenditure	11065
in excess of one hundred fifty thousand dollars or any contract	11066
with a service facility operator shall contain the full name of	11067
every person interested in it and shall be accompanied by a	11068
sufficient bond or certified check on a solvent bank that if the	11069
bid is accepted a contract will be entered into and the	11070
performance of its proposal secured.	11071

(D) Other than a contract referred to in division (B) of this	11072
section, a bond with good and sufficient surety, in a form as	11073
prescribed and approved by the commission, shall be required of	11074
every contractor awarded a contract that involves an expenditure	11075
in excess of one hundred fifty thousand dollars or any contract	11076
with a service facility operator. The bond shall be in an amount	11077
equal to at least fifty per cent of the contract price and shall	11078
be conditioned upon the faithful performance of the contract.	11079

(E) Notwithstanding any other provisions of this section, the	11080
commission may establish a program to expedite special turnpike	11081
projects by combining the design and construction elements of any	11082
public improvement project into a single contract. The commission	11083
shall prepare and distribute a scope of work document upon which	11084
the bidders shall base their bids. At a minimum, bidders shall	11085
meet the requirements of section 4733.161 of the Revised Code.	11086
Except in regard to those requirements relating to providing	11087
plans, the commission shall award contracts following the	11088
requirements set forth in divisions (A), (B), (C), and (D) of this	11089
section.	11090

Sec. 5537.08. (A) The Ohio turnpike and infrastructure	11091
commission may provide by resolution for the issuance, at one time	11092
or from time to time, of revenue bonds of the state for the	11093
purpose of paying all or any part of the cost of any one or more	11094
turnpike projects or infrastructure projects. The bond service	11095
charges shall be payable solely from pledged revenues pledged for	11096
such payment pursuant to the applicable bond proceedings. The	11097
bonds of each issue shall be dated, shall bear interest at a rate	11098
or rates or at variable rates, and shall mature or be payable at	11099
such time or times, with a final maturity not to exceed forty	11100
years from their date or dates, all as determined by the	11101
commission in the bond proceedings. The commission shall determine	11102
the form of the bonds, including any interest coupons to be	11103
attached thereto, and shall fix the denomination or denominations	11104
of the bonds and the place or places of payment of bond service	11105
charges.	11106

(B) The bonds shall be signed by the chairperson or	11107
vice-chairperson of the commission or by the facsimile signature	11108
of that officer, the official seal of the commission or a	11109
facsimile thereof shall be affixed thereto or printed thereon and	11110
attested by the secretary-treasurer of the commission, which may	11111
be by facsimile signature, and any coupons attached thereto shall	11112
bear the facsimile signature of the chairperson or	11113
vice-chairperson of the commission. In case any officer whose	11114
signature, or a facsimile of whose signature, appears on any bonds	11115
or coupons ceases to be such officer before delivery of bonds,	11116
such signature or facsimile shall nevertheless be valid and	11117
sufficient for all purposes the same as if the officer had	11118
remained in office until such delivery.	11119

(C) Subject to the bond proceedings and provisions for	11120
registration, the bonds shall have all the qualities and incidents	11121
of negotiable instruments under Title XIII of the Revised Code.	11122
The bonds may be issued in such form or forms as the commission	11123
determines, including without limitation coupon, book entry, and	11124
fully registered form, and provision may be made for the	11125
registration of any coupon bonds as to principal alone and also as	11126
to both principal and interest, and for the exchange of bonds	11127
between forms. The commission may sell such bonds by competitive	11128
bid on the best bid after advertisement or request for bids or by	11129
private sale in the manner, and for the price, it determines to be	11130
for the best interest of the state. ~~The determination of the~~	11131
~~commission as to the manner of sale, by competitive bid or by~~	11132
~~private sale, shall be approved by the controlling board.~~	11133

(D) The proceeds of the bonds of each issue shall be used	11134
solely for the payment of the costs of the turnpike project or	11135
projects for which such bonds were issued, ~~and~~or for the payment	11136
of the costs of the infrastructure project or projects as approved	11137
by the commission under section 5537.18 of the Revised Code. The	11138
proceeds shall be disbursed in such manner and under such	11139
restrictions as the commission provides in the applicable bond	11140
proceedings.	11141

(E) Prior to the preparation of definitive bonds, the	11142
commission may, under like restrictions, issue interim receipts or	11143
temporary bonds or bond anticipation notes, with or without	11144
coupons, exchangeable for definitive bonds when such bonds have	11145
been executed and are available for delivery. The commission may	11146
provide for the replacement of any mutilated, stolen, destroyed,	11147
or lost bonds. Bonds may be issued by the commission under this	11148
chapter without obtaining the consent of any state agency, and	11149
without any other proceedings or the happening of any other	11150
conditions or things than those proceedings, conditions, or things	11151
that are specifically required by this chapter or those	11152
proceedings.	11153

(F) Sections 9.98 to 9.983 of the Revised Code apply to the	11154
bonds.	11155

(G) The bond proceedings shall provide, subject to the	11156
provisions of any other applicable bond proceedings, for the	11157
pledge to the payment of bond service charges and of any costs of	11158
or relating to credit enhancement facilities of all, or such part	11159
as the commission may determine, of the pledged revenues and the	11160
applicable special fund or funds, which pledges may be made to	11161
secure the bonds on a parity with bonds theretofore or thereafter	11162
issued if and to the extent provided in the bond proceedings.	11163
Every pledge, and every covenant and agreement with respect	11164
thereto, made in the bond proceedings may in the bond proceedings	11165
be extended to the benefit of the owners and holders of bonds and	11166
to any trustee and any person providing a credit enhancement	11167
facility for those bonds, for the further security for the payment	11168
of the bond service charges and credit enhancement facility costs.	11169

(H) The bond proceedings may contain additional provisions as	11170
to:	11171

(1) The redemption of bonds prior to maturity at the option	11172
of the commission or of the bondholders or upon the occurrence of	11173
certain stated conditions, and at such price or prices and under	11174
such terms and conditions as are provided in the bond proceedings;	11175

(2) Other terms of the bonds;

11176

(3) Limitations on the issuance of additional bonds;

11177

(4) The terms of any trust agreement securing the bonds or	11178
under which the same may be issued;	11179

(5) Any or every provision of the bond proceedings being	11180
binding upon the commission and state agencies, or other person as	11181
may from time to time have the authority under law to take such	11182
actions as may be necessary to perform all or any part of the duty	11183
required by such provision;	11184

(6) Any provision that may be made in a trust agreement;

11185

(7) Any other or additional agreements with the holders of	11186
the bonds, or the trustee therefor, relating to the bonds or the	11187
security for the bonds, including agreements for credit	11188
enhancement facilities.	11189

(I) Any holder of bonds or a trustee under the bond	11190
proceedings, except to the extent that the holder's or trustee's	11191
rights are restricted by the bond proceedings, may by any suitable	11192
form of legal proceedings, protect and enforce any rights under	11193
the laws of this state or granted by the bond proceedings. Those	11194
rights include the right to compel the performance of all duties	11195
of the commission and state agencies required by this chapter or	11196
the bond proceedings; to enjoin unlawful activities; and in the	11197
event of default with respect to the payment of any bond service	11198
charges on any bonds or in the performance of any covenant or	11199
agreement on the part of the commission contained in the bond	11200
proceedings, to apply to a court having jurisdiction of the cause	11201
to appoint a receiver to receive and administer the revenues and	11202
the pledged revenues which are pledged to the payment of the bond	11203
service charges on such bonds or which are the subject of the	11204
covenant or agreement, with full power to pay, and to provide for	11205
payment of, bond service charges on such bonds, and with such	11206
powers, subject to the direction of the court, as are accorded	11207
receivers in general equity cases, excluding any power to pledge	11208
additional revenues or receipts or other income, funds, or moneys	11209
of the commission or state agencies to the payment of such bond	11210
service charges and excluding the power to take possession of,	11211
mortgage, or cause the sale or otherwise dispose of any turnpike	11212
project or other property of the commission.	11213

(J) Each duty of the commission and the commission's officers	11214
and employees, undertaken pursuant to the bond proceedings, is	11215
hereby established as a duty of the commission, and of each such	11216
officer, member, or employee having authority to perform the duty,	11217
specifically enjoined by law resulting from an office, trust, or	11218
station within the meaning of section 2731.01 of the Revised Code.	11219

(K) The commission's officers or employees are not liable in	11220
their personal capacities on any bonds issued by the commission or	11221
any agreements of or with the commission relating to those bonds.	11222

(L) The bonds are lawful investments for banks, savings and	11223
loan associations, credit union share guaranty corporations, trust	11224
companies, trustees, fiduciaries, insurance companies, including	11225
domestic for life and domestic not for life, trustees or other	11226
officers having charge of sinking and bond retirement or other	11227
funds of the state or its political subdivisions and taxing	11228
districts, the commissioners of the sinking fund of the state, the	11229
administrator of workers' compensation, the state teachers	11230
retirement system, the public employees retirement system, the	11231
school employees retirement system, and the Ohio police and fire	11232
pension fund, notwithstanding any other provisions of the Revised	11233
Code or rules adopted pursuant thereto by any state agency with	11234
respect to investments by them, and are also acceptable as	11235
security for the repayment of the deposit of public moneys.	11236

(M) Provision may be made in the applicable bond proceedings	11237
for the establishment of separate accounts in the bond service	11238
fund and for the application of such accounts only to the	11239
specified bond service charges pertinent to such accounts and bond	11240
service fund, and for other accounts therein within the general	11241
purposes of such fund.	11242

(N) The commission may pledge all, or such portion as it	11243
determines, of the pledged revenues to the payment of bond service	11244
charges, and for the establishment and maintenance of any reserves	11245
and special funds, as provided in the bond proceedings, and make	11246
other provisions therein with respect to pledged revenues,	11247
revenues, and net revenues as authorized by this chapter, which	11248
provisions are controlling notwithstanding any other provisions of	11249
law pertaining thereto.	11250

Sec. 5537.09. The Ohio turnpike and infrastructure	11251
commission may provide by resolution for the issuance of revenue	11252
bonds of the state, payable solely from pledged revenues, for the	11253
purpose of refunding any bonds then outstanding, including the	11254
payment of related financing expenses and, if considered advisable	11255
by the commission, for the additional purpose of paying costs of	11256
improvements, extensions, renovations, or enlargements of any	11257
turnpike project or any infrastructure project. The issuance of	11258
refunding bonds, the maturities and other details thereof, the	11259
rights of the holders thereof, and the rights, duties, and	11260
obligations of the commission in respect to such bonds shall be	11261
governed by the provisions of this chapter insofar as they are	11262
applicable and by the applicable bond proceedings.	11263

Sec. 5537.11. (A) The bonds do not constitute a debt, or a	11264
pledge of the faith and credit, of the state or of any political	11265
subdivision of the state. Bond service charges on outstanding	11266
bonds are payable solely from the pledged revenues pledged for	11267
their payment as authorized by this chapter and as provided in the	11268
bond proceedings. All turnpike and infrastructure revenue bonds	11269
shall contain on their face a statement to that effect.	11270

(B) All expenses incurred in carrying out this chapter shall	11271
be payable solely from revenues provided under this chapter and	11272
from state taxes. This chapter does not authorize the Ohio	11273
turnpike and infrastructure commission to incur indebtedness or	11274
liability on behalf of or payable by the state or any political	11275
subdivision of the state.	11276

Sec. 5537.12. (A) In the discretion of the Ohio turnpike and	11277
infrastructure commission any bonds may be secured by a trust	11278
agreement between the commission and a corporate trustee, which	11279
may be any trust company or bank having the powers of a trust	11280
company within or without the state but authorized to exercise	11281
trust powers within this state.	11282

(B) Any trust agreement may pledge or assign the revenues to	11283
be received, but shall not convey or mortgage any turnpike project	11284
or infrastructure project, any part of a turnpike project or	11285
infrastructure project, or any part of the Ohio turnpike system or	11286
the Ohio turnpike and infrastructure system. Any such trust	11287
agreement or other bond proceedings may contain provisions for	11288
protecting and enforcing the rights and remedies of the	11289
bondholders that are reasonable and proper and not in violation of	11290
law, including covenants setting forth the duties of the	11291
commission in relation to the acquisition of property, and the	11292
construction, maintenance, repair, operation, and insurance of the	11293
turnpike project or projects in connection with which the bonds	11294
are authorized, the rates of toll to be charged, and the custody,	11295
safeguarding, and application of all moneys, and provisions for	11296
the employment or retention of the services of consulting	11297
engineers in connection with the construction, maintenance, or	11298
operation of the turnpike project or projects. Any bank or trust	11299
company incorporated under the laws of this state which may act as	11300
depository of the proceeds of bonds or of revenues may furnish	11301
such indemnifying bonds or may pledge such securities as are	11302
required by the commission. Any such trust agreement may set forth	11303
the rights and remedies of the bondholders and of the trustee, may	11304
restrict the individual right of action by bondholders as is	11305
customary in revenue bond trust agreements of public bodies, and	11306
may contain other provisions that the commission considers	11307
reasonable and proper for the security of the bondholders. All	11308
expenses incurred in entering into or carrying out the provisions	11309
of such a trust agreement may be treated as a part of the cost, or	11310
of the cost of the operation, of the turnpike project or projects.	11311

Sec. 5537.13. (A) Subject to section 5537.26 of the Revised	11312
Code, the Ohio turnpike and infrastructure commission may fix,	11313
revise, charge, and collect tolls for each turnpike project, and	11314
contract in the manner provided by this section with any person	11315
desiring the use of any part thereof, including the right-of-way	11316
adjoining the paved portion, for placing thereon telephone,	11317
electric light, or power lines, service facilities, or for any	11318
other purpose, and fix the terms, conditions, rents, and rates of	11319
charge for such use, provided that no toll, charge, or rental may	11320
be made by the commission for placing in, on, along, over, or	11321
under the turnpike project, equipment or public utility facilities	11322
that are necessary to serve service facilities or to interconnect	11323
any public utility facilities.	11324

(B) Contracts for the operation of service facilities shall	11325
be made in writing. Such contracts, except contracts with state	11326
agencies or other governmental agencies, shall be made with the	11327
bidder whose bid is determined by the commission to be the best	11328
bid received, after advertisement for two consecutive weeks in a	11329
newspaper of general circulation in Franklin county, and in other	11330
publications that the commission determines. The notice shall	11331
state the general character of the service facilities operation	11332
proposed, the place where plans and specifications may be	11333
examined, and the time and place of receiving bids. Bids shall	11334
contain the full name of each person interested in them, and shall	11335
be in such form as the commission requires. The commission may	11336
reject any and all bids. All contracts for service facilities	11337
shall be preserved in the principal office of the commission.	11338

(C) Tolls shall be so fixed and adjusted as to provide funds	11339
at least sufficient with other revenues of the Ohio turnpike	11340
system, if any, to pay:	11341

(1) The cost of maintaining, improving, repairing,	11342
constructing, and operating the Ohio turnpike system and its	11343
different parts and sections, and to create and maintain any	11344
reserves for those purposes;	11345

(2) Any unpaid bond service charges on outstanding bonds	11346
payable from pledged revenues as such charges become due and	11347
payable, and to create and maintain any reserves for that purpose.	11348

(D) Tolls are not subject to supervision, approval, or	11349
regulation by any state agency other than the turnpike and	11350
infrastructure commission.	11351

(E) Revenues derived from each turnpike project ~~in connection~~	11352
~~with which any bonds are outstanding~~ shall be first applied to pay	11353
the cost of maintenance, improvement, repair, and operation and to	11354
provide any reserves therefor that are provided for in the bond	11355
proceedings authorizing the issuance of those outstanding bonds,	11356
and otherwise as provided by the commission~~, and the balance~~. The	11357
bond proceedings also shall provide, subject to the provisions of	11358
any other applicable bond proceedings, for the pledge of all, or	11359
such part as the commission may determine of the pledged revenues	11360
~~shall be set aside, at such regular intervals as are provided in~~	11361
~~the bond proceedings, in a bond service fund, which is hereby~~	11362
~~pledged to and charged with~~and the applicable special fund or	11363
funds to the payment of the bond service charges ~~on any such~~	11364
~~outstanding bonds as provided in the applicable~~, which pledge may	11365
be made to secure the bonds senior or subordinate to or on a	11366
parity with bonds theretofore or thereafter issued, if and to the	11367
extent provided in the bond proceedings. The pledge shall be valid	11368
and binding from the time the pledge is made; the revenues and the	11369
pledged revenues thereafter received by the commission immediately	11370
shall be subject to the lien of the pledge without any physical	11371
delivery thereof or further act, and the lien of the pledge shall	11372
be valid and binding as against all parties having claims of any	11373
kind in tort, contract, or otherwise against the commission,	11374
whether or not those parties have notice thereof. The bond	11375
proceedings by which a pledge is created need not be filed or	11376
recorded except in the records of the commission. The use and	11377
disposition of moneys to the credit of a bond service fund shall	11378
be subject to the applicable bond proceedings. ~~Except as is~~	11379
~~otherwise provided in such bond proceedings, such a bond service~~	11380
~~fund shall be a fund for all such bonds, without distinction or~~	11381
~~priority of one over another.~~	11382

(F) The proceeds of bonds issued for the payment of the costs	11383
of infrastructure projects, net of the payment of all financing	11384
expenses and deposits into debt service reserves or other special	11385
funds as may be required in the applicable bond proceedings, shall	11386
be deposited to the infrastructure fund or funds and shall be	11387
exclusively used to pay the cost of infrastructure projects	11388
approved by the commission, except that income earned by the	11389
infrastructure fund may be used by the commission towards the	11390
payment of bond service charges.	11391

Sec. 5537.14. All moneys received by the Ohio turnpike and	11392
infrastructure commission under this chapter, whether as proceeds	11393
from the sale of bonds or as revenues, are to be held and applied	11394
solely as provided in this chapter and in any applicable bond	11395
proceedings. Such moneys shall be kept in depositories as selected	11396
by the commission in the manner provided in sections 135.01 to	11397
135.21 of the Revised Code, insofar as such sections are	11398
applicable, and the deposits shall be secured as provided in	11399
sections 135.01 to 135.21 of the Revised Code. The bond	11400
proceedings shall provide that any officer to whom, or any bank or	11401
trust company to which, revenues or pledged revenues are paid	11402
shall act as trustee of such moneys and hold and apply them for	11403
the purposes thereof, subject to applicable provisions of this	11404
chapter and the bond proceedings.	11405

Sec. 5537.15. Any holder of bonds issued and outstanding	11406
under this chapter, or any of the coupons appertaining thereto,	11407
and the trustee under any trust agreement, except to the extent	11408
the rights given by this chapter may be restricted or modified by	11409
the bond proceedings, may by suit, action, mandamus, or other	11410
proceedings, protect and enforce any rights under the laws of the	11411
state or granted under this chapter or the bond proceedings, and	11412
may enforce and compel the performance of all duties required by	11413
this chapter or the bond proceedings, to be performed by the Ohio	11414
turnpike and infrastructure commission or any officer of the	11415
commission, including the fixing, charging, collecting, and	11416
application of tolls.	11417

Sec. 5537.16. (A) The Ohio turnpike and infrastructure	11418
commission may adopt such bylaws and rules as it considers	11419
advisable for the control and regulation of traffic on any	11420
turnpike project, for the protection and preservation of property	11421
under its jurisdiction and control, for the maintenance and	11422
preservation of good order within the property under its control,	11423
and for the purpose of establishing owner or operator liability	11424
for failure to comply with toll collection rules. The rules of the	11425
commission with respect to the speed, use of special engine	11426
brakes, axle loads, vehicle loads, and vehicle dimensions of	11427
vehicles on turnpike projects, including the issuance of a special	11428
permit by the commission to allow the operation on any turnpike	11429
project of a motor vehicle transporting two or fewer steel coils,	11430
shall apply notwithstanding sections 4511.21 to 4511.24, 4513.34,	11431
and Chapter 5577. of the Revised Code. Such bylaws and rules shall	11432
be published in a newspaper of general circulation in Franklin	11433
county, and in such other manner as the commission prescribes.	11434

(B) Such rules shall provide that public police officers	11435
shall be afforded ready access, while in the performance of their	11436
official duty, to all property under the jurisdiction of the	11437
commission and without the payment of tolls.	11438

(C) No person shall violate any such bylaws or rules of the	11439
commission.	11440

(D)(1) All fines collected for the violation of applicable	11441
laws of the state and the bylaws and rules of the commission or	11442
moneys arising from bonds forfeited for such violation shall be	11443
disposed of in accordance with section 5503.04 of the Revised	11444
Code.	11445

(2) All fees or charges assessed by the commission against an	11446
owner or operator of a vehicle as a civil violation for failure to	11447
comply with toll collection or toll evasion rules shall be	11448
revenues of the commission.	11449

Sec. 5537.17. (A) Each turnpike project open to traffic	11450
shall be maintained and kept in good condition and repair by the	11451
Ohio turnpike and infrastructure commission. The Ohio turnpike	11452
system shall be policed and operated by a force of police, toll	11453
collectors, and other employees and agents that the commission	11454
employs or contracts for.	11455

(B) All public or private property damaged or destroyed in	11456
carrying out the powers granted by this chapter shall be restored	11457
or repaired and placed in its original condition, as nearly as	11458
practicable, or adequate compensation or consideration made	11459
therefor out of moneys provided under this chapter.	11460

(C) All governmental agencies may lease, lend, grant, or	11461
convey to the commission at its request, upon terms that the	11462
proper authorities of the governmental agencies consider	11463
reasonable and fair and without the necessity for an	11464
advertisement, order of court, or other action or formality, other	11465
than the regular and formal action of the authorities concerned,	11466
any property that is necessary or convenient to the effectuation	11467
of the purposes of the commission, including public roads and	11468
other property already devoted to public use.	11469

(D) Each bridge constituting part of a turnpike project shall	11470
be inspected at least once each year by a professional engineer	11471
employed or retained by the commission.	11472

(E) On or before the first day of July in each year, the	11473
commission shall make an annual report of its activities for the	11474
preceding calendar year to the governor and the general assembly.	11475
Each such report shall set forth a complete operating and	11476
financial statement covering the commission's operations and	11477
funding of any turnpike projects and infrastructure projects	11478
during the year. The commission shall cause an audit of its books	11479
and accounts to be made at least once each year by certified	11480
public accountants, and the cost thereof may be treated as a part	11481
of the cost of operations of the commission. The auditor of state,	11482
at least once a year and without previous notice to the	11483
commission, shall audit the accounts and transactions of the	11484
commission.	11485

(F) The commission shall submit a copy of its annual audit by	11486
the auditor of state and its proposed annual budget for each	11487
calendar or fiscal year to the governor, the presiding officers of	11488
each house of the general assembly, the director of budget and	11489
management, and the legislative service commission no later than	11490
the first day of that calendar or fiscal year.	11491

(G) Upon request of the chairperson of the appropriate	11492
standing committee or subcommittee of the senate and house of	11493
representatives that is primarily responsible for considering	11494
transportation budget matters, the commission shall appear at	11495
least one time before each committee or subcommittee during the	11496
period when that committee or subcommittee is considering the	11497
biennial appropriations for the department of transportation and	11498
shall provide testimony outlining its budgetary results for the	11499
last two calendar years, including a comparison of budget and	11500
actual revenue and expenditure amounts. The commission also shall	11501
address its current budget and long-term capital plan.	11502

(H) Not more than sixty nor less than thirty days before	11503
adopting its annual budget, the commission shall submit a copy of	11504
its proposed annual budget to the governor, the presiding officers	11505
of each house of the general assembly, the director of budget and	11506
management, and the legislative service commission. The office of	11507
budget and management shall review the proposed budget and may	11508
provide recommendations to the commission for its consideration.	11509

Sec. 5537.18. (A) The Ohio turnpike and infrastructure	11510
commission shall adopt rules establishing the procedures and	11511
criteria under which the commission may approve an application	11512
received from the director of transportation for infrastructure	11513
project funding under division (B) of this section. The rules	11514
shall require both of the following:	11515

(1) An infrastructure project to have an anticipated economic	11516
or transportation-related impact on the Ohio turnpike and	11517
infrastructure system;	11518

(2) Proceeds from bonds for infrastructure projects issued	11519
under this chapter to be used solely to fund infrastructure	11520
projects with a nexus to the Ohio turnpike.	11521

(B) The director of transportation may submit an application	11522
to the commission for infrastructure project funding. An	11523
application to the commission for infrastructure project funding,	11524
as submitted by the director, shall include only infrastructure	11525
projects that previously have been reviewed and recommended by the	11526
transportation review advisory council pursuant to the selection	11527
process followed by the council under Chapter 5512. of the Revised	11528
Code.	11529

(C) The commission shall evaluate each application for	11530
infrastructure project funding submitted under division (B) of	11531
this section in accordance with the procedures and criteria	11532
established in rules adopted under division (A) of this section. A	11533
determination or approval made under this section is conclusive	11534
and incontestable.	11535

Sec. 5537.19. The Ohio turnpike and infrastructure	11536
commission shall expend such moneys as the commission considers	11537
necessary for studies of any turnpike project or infrastructure	11538
project, whether proposed, under construction, or in operation,	11539
and may employ consulting engineers, traffic engineers, and any	11540
other individuals or firms that the commission considers necessary	11541
to properly implement the studies. The cost of the studies may be	11542
paid from revenues, eligible state and federal grants, state taxes	11543
available to the commission and permitted by law to be spent for	11544
such purposes, or the proceeds of bonds.	11545

Sec. 5537.20. The exercise of the powers granted by this	11546
chapter is in all respects for the benefit of the people of the	11547
state, for the increase of their commerce and prosperity, and for	11548
the improvement of their health and living conditions, and as the	11549
construction, operation, and maintenance of the Ohio turnpike	11550
system by the Ohio turnpike and infrastructure commission	11551
constitute the performance of essential governmental functions,	11552
the commission, except as provided in division (D) of section	11553
5537.05 of the Revised Code, shall not be required to pay any	11554
state or local taxes or assessments upon any turnpike project or	11555
infrastructure project funded by it, or upon revenues or any	11556
property acquired or used by the commission under this chapter, or	11557
upon the income therefrom. The bonds issued under this chapter,	11558
their transfer, and the income therefrom, including any profit	11559
made on the sale thereof, shall at all times be free from taxation	11560
within the state.	11561

Sec. 5537.21. (A) When bond service charges on all	11562
outstanding bonds issued in connection with any turnpike project	11563
have been paid or provision for that payment has been made, as	11564
provided in the applicable bond proceedings, or in the case of a	11565
turnpike project in connection with which no bonds have been	11566
issued, the project shall continue to be or be operated, and	11567
improved and maintained, by the Ohio turnpike and infrastructure	11568
commission as a part of the Ohio turnpike system and as a toll	11569
road, and all revenues received by the commission relating to that	11570
project shall be applied as provided in division (B) of this	11571
section.	11572

(B) Subject to the bond proceedings for bonds relating to any	11573
turnpike project or infrastructure project, tolls relating to a	11574
turnpike project as referred to in division (A) of this section	11575
shall be so fixed and adjusted such that the aggregate of	11576
available revenues relating to that turnpike project ~~and available~~	11577
~~for the purpose~~ are in amounts ~~to provide moneys~~at least	11578
sufficient~~, and those revenues shall be used,~~ to pay the costs	11579
described in division (C)(1) of section 5537.13 of the Revised	11580
Code.	11581

Sec. 5537.22. All final actions of the Ohio turnpike and	11582
infrastructure commission shall be journalized and such journal	11583
shall be open to the inspection of the public at all reasonable	11584
times.	11585

Sec. 5537.24. (A) There is hereby created a turnpike	11586
legislative review committee consisting of six members as follows:	11587

(1) Three members of the senate, no more than two of whom	11588
shall be members of the same political party, one of whom shall be	11589
the chairperson of the committee dealing primarily with highway	11590
matters, one of whom shall be appointed by the president of the	11591
senate, and one of whom shall be appointed by the minority leader	11592
of the senate.	11593

Both the senate member who is appointed by the president of	11594
the senate and the senate member appointed by the minority leader	11595
of the senate shall represent either districts in which is located	11596
or through which passes a portion of a turnpike project that is	11597
part of the Ohio turnpike system or districts located in the	11598
vicinity of a turnpike project that is part of the Ohio turnpike	11599
system.	11600

The president of the senate shall make the president of the	11601
senate's appointment to the committee first, followed by the	11602
minority leader of the senate, and they shall make their	11603
appointments in such a manner that their two appointees represent	11604
districts that are located in different areas of the state. If the	11605
chairperson of the senate committee dealing primarily with highway	11606
matters represents a district in which is located or through which	11607
passes a portion of a turnpike project that is part of the Ohio	11608
turnpike system or a district located in the vicinity of a	11609
turnpike project that is part of the Ohio turnpike system, the	11610
president of the senate and the minority leader of the senate	11611
shall make their appointments in such a manner that their two	11612
appointees and the chairperson of the senate committee dealing	11613
primarily with highway matters all represent districts that are	11614
located in different areas of the state.	11615

(2) Three members of the house of representatives, no more	11616
than two of whom shall be members of the same political party, one	11617
of whom shall be the chairperson of the house of representatives	11618
committee dealing primarily with highway matters, one of whom	11619
shall be appointed by the speaker of the house of representatives,	11620
and one of whom shall be appointed by the minority leader of the	11621
house of representatives.	11622

Both the house of representatives member who is appointed by	11623
the speaker of the house of representatives and the house of	11624
representatives member appointed by the minority leader of the	11625
house of representatives shall represent either districts in which	11626
is located or through which passes a portion of a turnpike project	11627
that is part of the Ohio turnpike system or districts located in	11628
the vicinity of a turnpike project that is part of the Ohio	11629
turnpike system.	11630

The speaker of the house of representatives shall make the	11631
speaker of the house of representative's appointment to the	11632
committee first, followed by the minority leader of the house of	11633
representatives, and they shall make their appointments in such a	11634
manner that their two appointees represent districts that are	11635
located in different areas of the state. If the chairperson of the	11636
house of representatives committee dealing primarily with highway	11637
matters represents a district in which is located or through which	11638
passes a portion of a turnpike project that is part of the Ohio	11639
turnpike system or a district located in the vicinity of a	11640
turnpike project that is part of the Ohio turnpike system, the	11641
speaker of the house of representatives and the minority leader of	11642
the house of representatives shall make their appointments in such	11643
a manner that their two appointees and the chairperson of the	11644
house of representatives committee dealing primarily with highway	11645
matters all represent districts that are located in different	11646
areas of the state.	11647

The chairperson of the house of representatives committee	11648
shall serve as the chairperson of the turnpike legislative review	11649
committee for the year 1996. Thereafter, the chair annually shall	11650
alternate between, first, the chairperson of the senate committee	11651
and then the chairperson of the house of representatives	11652
committee.	11653

(B) Each member of the turnpike legislative review committee	11654
who is a member of the general assembly shall serve a term of the	11655
remainder of the general assembly during which the member is	11656
appointed or is serving as chairperson of the specified senate or	11657
house committee. In the event of the death or resignation of a	11658
committee member who is a member of the general assembly, or in	11659
the event that a member ceases to be a senator or representative,	11660
or in the event that the chairperson of the senate committee	11661
dealing primarily with highway matters or the chairperson of the	11662
house of representatives committee dealing primarily with highway	11663
matters ceases to hold that position, the vacancy shall be filled	11664
through an appointment by the president of the senate or the	11665
speaker of the house of representatives or minority leader of the	11666
senate or house of representatives, as applicable. Any member	11667
appointed to fill a vacancy occurring prior to the end of the term	11668
for which the member's predecessor was appointed shall hold office	11669
for the remainder of the term or for a shorter period of time as	11670
determined by the president or the speaker. A member of the	11671
committee is eligible for reappointment.	11672

(C) The turnpike legislative review committee shall meet at	11673
least quarterly and may meet at the call of its chairperson, or	11674
upon the written request to the chairperson of not fewer than four	11675
members of the committee. Meetings shall be held at sites that are	11676
determined solely by the chairperson of the committee. At each	11677
meeting, the Ohio turnpike and infrastructure commission shall	11678
make a report to the committee on commission matters, including	11679
but not limited to financial and budgetary matters and proposed	11680
and on-going construction, maintenance, repair, and operational	11681
projects of the commission.	11682

The committee, by the affirmative vote of at least four of	11683
its members, may submit written recommendations to the commission,	11684
either at meetings held pursuant to this section or at any other	11685
time, describing new turnpike projects or new interchanges located	11686
on existing projects that the committee believes the commission	11687
should consider constructing.	11688

(D) At least annually the commission shall make a report to	11689
the committee of those infrastructure projects approved and paid	11690
for by the commission.	11691

(E) The members of the turnpike legislative review committee	11692
who are members of the general assembly shall serve without	11693
compensation, but shall be reimbursed by the commission for their	11694
actual and necessary expenses incurred in the discharge of their	11695
official duties as committee members. Serving as a member of the	11696
turnpike legislative review committee does not constitute grounds	11697
for resignation from the senate or house of representatives under	11698
section 101.26 of the Revised Code.	11699

Sec. 5537.25. (A) Notwithstanding any provision of law to	11700
the contrary, the Ohio turnpike and infrastructure commission	11701
shall make no expenditure to engage the services of any person to	11702
influence either of the following:	11703

(1) Administrative actions or decisions of the governor, the	11704
director of any department listed in section 121.02 of the Revised	11705
Code, any member of the staff of any public officer or employee	11706
listed in this section, the president of the United States, or any	11707
federal officer or employee;	11708

(2) Legislation pending in this state or any other state, a	11709
subdivision of this state or any other state, or the federal	11710
government, including the executive approval or veto of any such	11711
pending legislation.	11712

(B) This section shall not be interpreted to prohibit the	11713
commission from designating officers or members of the commission,	11714
or full-time, permanent employees of the commission, to act as	11715
administrative or legislative agents for the commission.	11716

Sec. 5537.26. (A) Except as provided in division (D) of this	11717
section, no increase by the Ohio turnpike and infrastructure	11718
commission in the toll rate structure that is applicable to	11719
vehicles operating on a turnpike project shall become effective	11720
unless the commission complies with the notice and hearing	11721
requirements prescribed in division (B) of this section, and the	11722
commission shall not take any action that expands, has the effect	11723
of expanding, or will to any degree at any time in the future have	11724
the effect of expanding the sphere of responsibility of the	11725
commission beyond the Ohio turnpike, unless the commission	11726
complies with the notice and hearing requirements prescribed in	11727
division (B) of this section.	11728

(B) Not less than ninety days prior to the date on which the	11729
commission votes to increase any part of the toll rate structure	11730
that is applicable to vehicles operating on a turnpike project,	11731
and not less than ninety days prior to the date on which the	11732
commission votes to take an action that expands, has the effect of	11733
expanding, or will to any degree at any time in the future have	11734
the effect of expanding the sphere of responsibility of the	11735
commission beyond the Ohio turnpike, the commission shall do both	11736
of the following:	11737

(1) Send notice to the governor and the presiding officers	11738
and minority leaders of the senate and house of representatives	11739
that details the proposed increase to the toll rate structure or	11740
the expansion of the sphere of responsibility of the commission	11741
beyond the Ohio turnpike, including a description of and a	11742
justification for the increase or expansion;	11743

(2) Commence holding public hearings on the proposed increase	11744
in the toll rate structure or the proposed action. If the	11745
commission is proposing an increase in the toll rate structure	11746
that is applicable to vehicles operating on a turnpike project, it	11747
shall hold not less than three public hearings in three	11748
geographically diverse locations in this state that are in the	11749
immediate vicinity of the affected project. If the commission is	11750
proposing to take an action that expands, has the effect of	11751
expanding, or will to any degree at any time in the future have	11752
the effect of expanding the sphere of responsibility of the	11753
commission beyond the Ohio turnpike, it shall hold not less than	11754
three public hearings in three locations in the immediate vicinity	11755
where the expanded responsibilities would arise.	11756

The commission shall hold the third or, if it holds more than	11757
three hearings, the last hearing of any set of hearings required	11758
to be held under this section not less than thirty days prior to	11759
the date on which it votes to increase part of the toll rate	11760
structure that is applicable to vehicles operating on a turnpike	11761
project or to take an action that expands, has the effect of	11762
expanding, or will to any degree at any time in the future have	11763
the effect of expanding the sphere of responsibility of the	11764
commission beyond the Ohio turnpike.	11765

The commission shall inform the public of all the hearings	11766
required to be held under this section by causing a notice to be	11767
published in a newspaper of general circulation in the county in	11768
which each hearing is to be held, not less than once per week for	11769
two weeks prior to the date of the hearing.	11770

(C) If the commission does not comply with the notice and	11771
hearing requirements contained in division (B) of this section and	11772
votes for an increase in the toll rate structure that is	11773
applicable to vehicles operating on a turnpike project, the	11774
increase in the toll rate structure shall not take effect, any	11775
attempt by the commission to implement the increase in the toll	11776
rate structure is void, and, if necessary, the attorney general	11777
shall file an action in the court of common pleas of the county in	11778
which the principal office of the commission is located to enjoin	11779
the commission from implementing the increase. The commission	11780
shall not implement any increase until it complies with division	11781
(B) of this section.	11782

If the commission does not comply with the notice and hearing	11783
requirements contained in division (B) of this section and votes	11784
to take an action that expands, has the effect of expanding, or	11785
will to any degree at any time in the future have the effect of	11786
expanding the sphere of responsibility of the commission beyond	11787
the Ohio turnpike, the commission shall not take the proposed	11788
action and, if necessary, the attorney general shall file an	11789
action in the court of common pleas of the county in which the	11790
principal office of the commission is located to enjoin the	11791
commission from taking the proposed action. The commission shall	11792
not take the proposed action until it complies with the notice and	11793
hearing requirements prescribed in division (B) of this section.	11794

(D) Divisions (A) to (C) of this section do not apply to any	11795
decrease made to the toll rate structure by the commission. The	11796
commission may implement a temporary decrease in the toll rate	11797
structure only if it does not exceed eighteen months in duration.	11798
Prior to instituting any decrease to the toll rate structure, the	11799
commission shall do both of the following:	11800

(1) Not less than five days prior to any public meeting under	11801
division (D)(2) of this section, send notice to the governor and	11802
the presiding officers and minority leaders of the senate and	11803
house of representatives that details the proposed decrease to the	11804
toll rate structure;	11805

(2) Hold a public meeting to explain to members of the	11806
traveling public the reasons for the upcoming decrease, to inform	11807
them of any benefits and any negative consequences, and to give	11808
them the opportunity to express their opinions as to the relative	11809
merits or drawbacks of each toll decrease. The commission shall	11810
inform the public of the meeting by causing a notice to be	11811
published in newspapers of general circulation in Cuyahoga, Lucas,	11812
Mahoning, Trumbull, Williams, and Summit counties not less than	11813
five days prior to the meeting. The commission shall not be	11814
required to hold any public hearing or meeting upon the expiration	11815
of any temporary decrease in the toll rate structure, so long as	11816
it implements the same toll rate structure that was in effect	11817
immediately prior to the temporary decrease.	11818

(E) As used in this section, "Ohio turnpike" means the toll	11819
freeway that is under the jurisdiction of the commission and runs	11820
in an easterly and westerly direction across the entire northern	11821
portion of this state between its borders with the state of	11822
Pennsylvania in the east and the state of Indiana in the west, and	11823
carries the interstate highway designations of interstate	11824
seventy-six, interstate eighty, and interstate eighty-ninety.	11825

Sec. 5537.27. The Ohio turnpike and infrastructure	11826
commission, the director of transportation or the director's	11827
designee, and another person designated by the governor shall	11828
establish a procedure whereby a political subdivision or other	11829
government agency or agencies may submit a written application to	11830
the commission, requesting the commission to construct and operate	11831
a turnpike project within the boundaries of the subdivision,	11832
agency, or agencies making the request. The procedure shall	11833
include a requirement that the commission send a written reply to	11834
the subdivision, agency, or agencies, explaining the disposition	11835
of the request. The procedure established pursuant to this section	11836
shall not become effective unless it is approved by the commission	11837
and by the director or the director's designee and the designee of	11838
the governor, and shall require submission of the proposed	11839
turnpike project to the turnpike legislative review committee if	11840
the project must be approved by the governor.	11841

Sec. 5537.28. (A) ~~Notwithstanding any other provision of~~	11842
~~law, on and after the effective date of this section, the Ohio~~	11843
~~turnpike commission shall not expend any toll revenues that are~~	11844
~~generated by an existing turnpike project to fund in any manner or~~	11845
~~to any degree the construction, operation, maintenance, or repair~~	11846
~~of another turnpike project the location of which must be reviewed~~	11847
~~by the turnpike legislative review committee and approved by the~~	11848
~~governor.~~	11849

In paying the cost of ~~such a~~any turnpike project, the Ohio	11850
turnpike and infrastructure commission may issue bonds and bond	11851
anticipation notes as permitted by this chapter, and may accept	11852
moneys from any source to pay the cost of any portion of the	11853
turnpike project, including, but not limited to, the federal	11854
government, any department or agency of this state, and any	11855
political subdivision or other government agency. Each such	11856
project shall be constructed, operated, maintained, and repaired	11857
~~entirely~~ with funds ~~generated by that project or otherwise~~	11858
specifically acquired for that project or from ~~sources permitted~~	11859
~~by this chapter~~excess funds available from any other turnpike	11860
project.	11861

(B) ~~The commission shall not expend any toll revenues~~	11862
~~generated by the Ohio turnpike to pay any amount of the principal~~	11863
~~amount of, or interest due on, any bonds or bond anticipation~~	11864
~~notes issued by the commission to pay any portion of the cost of~~	11865
~~another turnpike project the location of which must be reviewed by~~	11866
~~the turnpike legislative review committee and approved by the~~	11867
~~governor. The commission shall not expend any toll revenues~~	11868
~~generated by any turnpike project to pay any amount of the~~	11869
~~principal amount of, or interest due on, any bonds or bond~~	11870
~~anticipation notes issued by the commission to pay any portion of~~	11871
~~the cost of a new turnpike project the location of which must be~~	11872
~~reviewed by the turnpike legislative review committee and approved~~	11873
~~by the governor or the cost of the operation, repair, improvement,~~	11874
~~maintenance, or reconstruction of any turnpike project other than~~	11875
~~the project that generated those toll revenues.~~	11876

~~(C)~~ As used in this section:

11877

~~(1) "Ohio turnpike" has the same meaning as in division (E)~~	11878
~~of section 5537.26 of the Revised Code;~~	11879

~~(2) "Another~~"any turnpike project" does not include	11880
infrastructure ~~improvements on the Ohio turnpike or on connecting~~	11881
~~roadways within one mile of an Ohio turnpike interchange~~projects.	11882
The costs of infrastructure projects approved under section	11883
5537.18 of the Revised Code shall be funded exclusively out of the	11884
infrastructure fund or funds.	11885

Sec. 5537.30. (A) Not later than December 31, 2009, the Ohio	11886
turnpike and infrastructure commission shall establish a program	11887
for the placement of business logos for identification purposes on	11888
directional signs within the turnpike right-of-way.	11889

(B)(1) The commission shall establish, and may revise at any	11890
time, a fee for participation in the business logo sign program.	11891
All direct and indirect costs of the business logo sign program	11892
established pursuant to this section shall be fully paid by the	11893
businesses applying for participation in the program. The direct	11894
and indirect costs of the program shall include, but not be	11895
limited to, the cost of capital, directional signs, blanks, posts,	11896
logos, installation, repair, engineering, design, insurance,	11897
removal, replacement, and administration.	11898

(2) Money generated from participating businesses in excess	11899
of the direct and indirect costs and any reasonable profit earned	11900
by a person awarded a contract ~~under division (C) of this section~~	11901
to operate, maintain, or market the business logo sign program	11902
shall be remitted to the commission.	11903

(3) If the commission operates such a program and does not	11904
contract with a private person to operate it, all money collected	11905
from participating businesses shall be retained by the commission.	11906

(C) ~~The commission, in accordance with rules adopted pursuant~~	11907
~~to section 111.15 of the Revised Code, may contract with any~~	11908
~~private person to operate, maintain, or market the business logo~~	11909
~~sign program. The contract may allow for a reasonable profit to be~~	11910
~~earned by the successful applicant. In awarding the contract, the~~	11911
~~commission shall consider the skill, expertise, prior experience,~~	11912
~~and other qualifications of each applicant.~~	11913

~~(D)~~ The program shall permit the business logo signs of a	11914
seller of motor vehicle fuel to include on the seller's signs a	11915
marking or symbol indicating that the seller sells one or more	11916
types of alternative fuel so long as the seller in fact sells that	11917
fuel. As used in this division, "alternative fuel" has the same	11918
meaning as in section 125.831 of the Revised Code.	11919

Sec. 5553.051. The board of county commissioners may	11920
establish a reasonable fee to cover the costs the county incurs in	11921
proceedings to vacate a public road as provided in this chapter,	11922
including the costs the county incurs in providing published	11923
notice and mailed notice as required by section 5553.05 of the	11924
Revised Code. The board may require an initial deposit to be paid	11925
at the time a petition for vacation of a road is filed under	11926
section 5553.04 of the Revised Code or promptly thereafter. The	11927
clerk of the board shall maintain an accurate and detailed	11928
accounting of all funds received and expended in the processing of	11929
a petition for vacation of a road.	11930

Sec. 5577.044. (A) Notwithstanding sections 5577.02 and	11931
5577.04 of the Revised Code, a vehicle fueled solely by compressed	11932
natural gas may exceed by not more than two thousand pounds the	11933
gross vehicle weight provisions of sections 5577.01 to 5577.09 of	11934
the Revised Code or the axle load limits of those sections.	11935

(B) If a vehicle described in division (A) of this section	11936
exceeds the weight provisions of sections 5577.01 to 5577.09 of	11937
the Revised Code by more than the allowance provided for in	11938
division (A) of this section, both of the following apply:	11939

(1) The applicable penalty prescribed in section 5577.99 of	11940
the Revised Code;	11941

(2) The civil liability imposed by section 5577.12 of the	11942
Revised Code.	11943

(C) Division (A) of this section does not apply to the	11944
operation of a vehicle on either of the following:	11945

(1) A highway that is part of the interstate system;

11946

(2) A highway, road, or bridge that is subject to reduced	11947
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	11948
5577.09, or 5591.42 of the Revised Code.	11949

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	11950
Revised Code:	11951

(A) "Motor vehicle" means everything on wheels that is	11952
self-propelled, other than by muscular power or power collected	11953
from electric trolley wires and other than vehicles or machinery	11954
not designed for or employed in general highway transportation,	11955
used to transport or propel persons or property over a public	11956
highway.	11957

(B) "Commercial car" means any motor vehicle used for	11958
transporting persons or property, wholly on its own structure on a	11959
public highway.	11960

(C) "Commercial tractor" means any motor vehicle designed and	11961
used to propel or draw a trailer or semi-trailer or both on a	11962
public highway without having any provision for carrying loads	11963
independently of such trailer or semi-trailer.	11964

(D) "Trailer" means everything on wheels that is not	11965
self-propelled, except vehicles or machinery not designed for or	11966
employed in general highway transportation, used for carrying	11967
property wholly on its own structure and for being drawn by a	11968
motor vehicle on a public highway, including any such vehicle when	11969
formed by or operated as a combination of a semi-trailer and a	11970
vehicle of the dolly type such as that commonly known as a trailer	11971
dolly. "Trailer" does not include manufactured homes as defined in	11972
division (C)(4) of section 3781.06 of the Revised Code or mobile	11973
homes as defined in division (O) of section 4501.01 of the Revised	11974
Code.	11975

(E) "Semi-trailer" means everything on wheels that is not	11976
self-propelled, except vehicles or machinery not designed for or	11977
employed in general highway transportation, designed and used for	11978
carrying property on a public highway when being propelled or	11979
drawn by a commercial tractor when part of its own weight or the	11980
weight of its load, or both, rest upon and is carried by a	11981
commercial tractor.	11982

(F) "Commercial tandem" means any commercial car and trailer	11983
or any commercial tractor, semi-trailer, and trailer when fastened	11984
together and used as one unit.	11985

(G) "Commercial tractor combination" means any commercial	11986
tractor and semi-trailer when fastened together and used as one	11987
unit.	11988

(H) "Axle" means two or more load carrying wheels mounted in	11989
a single transverse vertical plane.	11990

(I) "Public highway" means any highway, road, or street	11991
dedicated to public use, including a highway under the control and	11992
jurisdiction of the Ohio turnpike and infrastructure commission	11993
created by the provisions of section 5537.02 of the Revised Code	11994
and land and lots over which the public, either as user or owner,	11995
generally has a right to pass even though such land or lots are	11996
closed temporarily by public authorities for the purpose of	11997
construction, reconstruction, maintenance, or repair.	11998

(J) "Jurisdiction" means a state of the United States, the	11999
District of Columbia, or a province or territory of Canada.	12000

Sec. 5735.05. (A) To provide revenue for maintaining the	12001
state highway system; to widen existing surfaces on such highways;	12002
to resurface such highways; to pay that portion of the	12003
construction cost of a highway project which a county, township,	12004
or municipal corporation normally would be required to pay, but	12005
which the director of transportation, pursuant to division (B) of	12006
section 5531.08 of the Revised Code, determines instead will be	12007
paid from moneys in the highway operating fund; to enable the	12008
counties of the state properly to plan, maintain, and repair their	12009
roads and to pay principal, interest, and charges on bonds and	12010
other obligations issued pursuant to Chapter 133. of the Revised	12011
Code or incurred pursuant to section 5531.09 of the Revised Code	12012
for highway improvements; to enable the municipal corporations to	12013
plan, construct, reconstruct, repave, widen, maintain, repair,	12014
clear, and clean public highways, roads, and streets, and to pay	12015
the principal, interest, and charges on bonds and other	12016
obligations issued pursuant to Chapter 133. of the Revised Code or	12017
incurred pursuant to section 5531.09 of the Revised Code for	12018
highway improvements; to enable the Ohio turnpike and	12019
infrastructure commission to construct, reconstruct, maintain, and	12020
repair turnpike projects; to maintain and repair bridges and	12021
viaducts; to purchase, erect, and maintain street and traffic	12022
signs and markers; to purchase, erect, and maintain traffic lights	12023
and signals; to pay the costs apportioned to the public under	12024
sections 4907.47 and 4907.471 of the Revised Code and to	12025
supplement revenue already available for such purposes; to pay the	12026
costs incurred by the public utilities commission in administering	12027
sections 4907.47 to 4907.476 of the Revised Code; to distribute	12028
equitably among those persons using the privilege of driving motor	12029
vehicles upon such highways and streets the cost of maintaining	12030
and repairing them; to pay the interest, principal, and charges on	12031
highway capital improvements bonds and other obligations issued	12032
pursuant to Section 2m of Article VIII, Ohio Constitution, and	12033
section 151.06 of the Revised Code; to pay the interest,	12034
principal, and charges on highway obligations issued pursuant to	12035
Section 2i of Article VIII, Ohio Constitution, and sections	12036
5528.30 and 5528.31 of the Revised Code; to pay the interest,	12037
principal, and charges on major new state infrastructure bonds and	12038
other obligations of the state issued pursuant to Section 13 of	12039
Article VIII, Ohio Constitution, and section 5531.10 of the	12040
Revised Code; to provide revenue for the purposes of sections	12041
1547.71 to 1547.78 of the Revised Code; and to pay the expenses of	12042
the department of taxation incident to the administration of the	12043
motor fuel laws, a motor fuel excise tax is hereby imposed on all	12044
motor fuel dealers upon receipt of motor fuel within this state at	12045
the rate of two cents plus the cents per gallon rate on each	12046
gallon so received, to be computed in the manner set forth in	12047
section 5735.06 of the Revised Code; provided that no tax is	12048
hereby imposed upon the following transactions:	12049

(1) The sale of dyed diesel fuel by a licensed motor fuel	12050
dealer from a location other than a retail service station	12051
provided the licensed motor fuel dealer places on the face of the	12052
delivery document or invoice, or both if both are used, a	12053
conspicuous notice stating that the fuel is dyed and is not for	12054
taxable use, and that taxable use of that fuel is subject to a	12055
penalty. The tax commissioner, by rule, may provide that any	12056
notice conforming to rules or regulations issued by the United	12057
States department of the treasury or the Internal Revenue Service	12058
is sufficient notice for the purposes of division (A)(1) of this	12059
section.	12060

(2) The sale of K-1 kerosene to a retail service station,	12061
except when placed directly in the fuel supply tank of a motor	12062
vehicle. Such sale shall be rebuttably presumed to not be	12063
distributed or sold for use or used to generate power for the	12064
operation of motor vehicles upon the public highways or upon the	12065
waters within the boundaries of this state.	12066

(3) The sale of motor fuel by a licensed motor fuel dealer to	12067
another licensed motor fuel dealer;	12068

(4) The exportation of motor fuel by a licensed motor fuel	12069
dealer from this state to any other state or foreign country;	12070

(5) The sale of motor fuel to the United States government or	12071
any of its agencies, except such tax as is permitted by it, where	12072
such sale is evidenced by an exemption certificate, in a form	12073
approved by the tax commissioner, executed by the United States	12074
government or an agency thereof certifying that the motor fuel	12075
therein identified has been purchased for the exclusive use of the	12076
United States government or its agency;	12077

(6) The sale of motor fuel that is in the process of	12078
transportation in foreign or interstate commerce, except insofar	12079
as it may be taxable under the Constitution and statutes of the	12080
United States, and except as may be agreed upon in writing by the	12081
dealer and the commissioner;	12082

(7) The sale of motor fuel when sold exclusively for use in	12083
the operation of aircraft, where such sale is evidenced by an	12084
exemption certificate prescribed by the commissioner and executed	12085
by the purchaser certifying that the motor fuel purchased has been	12086
purchased for exclusive use in the operation of aircraft;	12087

(8) The sale for exportation of motor fuel by a licensed	12088
motor fuel dealer to a licensed exporter type A;	12089

(9) The sale for exportation of motor fuel by a licensed	12090
motor fuel dealer to a licensed exporter type B, provided that the	12091
destination state motor fuel tax has been paid or will be accrued	12092
and paid by the licensed motor fuel dealer.	12093

(10) The sale to a consumer of diesel fuel, by a motor fuel	12094
dealer for delivery from a bulk lot vehicle, for consumption in	12095
operating a vessel when the use of such fuel in a vessel would	12096
otherwise qualify for a refund under section 5735.14 of the	12097
Revised Code.	12098

Division (A)(1) of this section does not apply to the sale or	12099
distribution of dyed diesel fuel used to operate a motor vehicle	12100
on the public highways or upon water within the boundaries of this	12101
state by persons permitted under regulations of the United States	12102
department of the treasury or of the Internal Revenue Service to	12103
so use dyed diesel fuel.	12104

(B) The two cent motor fuel tax levied by this section is	12105
also for the purpose of paying the expenses of administering and	12106
enforcing the state law relating to the registration and operation	12107
of motor vehicles.	12108

(C) After the tax provided for by this section on the receipt	12109
of any motor fuel has been paid by the motor fuel dealer, the	12110
motor fuel may thereafter be used, sold, or resold by any person	12111
having lawful title to it, without incurring liability for such	12112
tax.	12113

If a licensed motor fuel dealer sells motor fuel received by	12114
the licensed motor fuel dealer to another licensed motor fuel	12115
dealer, the seller may deduct on the report required by section	12116
5735.06 of the Revised Code the number of gallons so sold for the	12117
month within which the motor fuel was sold or delivered. In this	12118
event the number of gallons is deemed to have been received by the	12119
purchaser, who shall report and pay the tax imposed thereon.	12120

Sec. 5735.23. (A) Out of receipts from the tax levied by	12121
section 5735.05 of the Revised Code, the treasurer of state shall	12122
place to the credit of the tax refund fund established by section	12123
5703.052 of the Revised Code amounts equal to the refunds	12124
certified by the tax commissioner pursuant to sections 5735.13,	12125
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	12126
treasurer of state shall then transfer the amount required by	12127
section 5735.051 of the Revised Code to the waterways safety fund,	12128
the amount required by section 4907.472 of the Revised Code to the	12129
grade crossing protection fund, and the amount required by section	12130
5735.053 of the Revised Code to the motor fuel tax administration	12131
fund.	12132

(B) Except as provided in division (D) of this section, each	12133
month the balance of the receipts from the tax levied by section	12134
5735.05 of the Revised Code shall be credited, after receipt by	12135
the treasurer of state of certification from the commissioners of	12136
the sinking fund, as required by section 5528.35 of the Revised	12137
Code, that there are sufficient moneys to the credit of the	12138
highway obligations bond retirement fund to meet in full all	12139
payments of interest, principal, and charges for the retirement of	12140
highway obligations issued pursuant to Section 2i of Article VIII,	12141
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	12142
Code due and payable during the current calendar year, as follows:	12143

(1) To the state and local government highway distribution	12144
fund, which is hereby created in the state treasury, an amount	12145
that is the same percentage of the balance to be credited as that	12146
portion of the tax per gallon determined under division (B)(2)(a)	12147
of section 5735.06 of the Revised Code is of the total tax per	12148
gallon determined under divisions (B)(2)(a) and (b) of that	12149
section.	12150

(2) After making the distribution to the state and local	12151
government highway distribution fund, the remainder shall be	12152
credited as follows:	12153

(a) Thirty per cent to the gasoline excise tax fund for	12154
distribution pursuant to division (A)(1) of section 5735.27 of the	12155
Revised Code;	12156

(b) Twenty-five per cent to the gasoline excise tax fund for	12157
distribution pursuant to division (A)(3) of section 5735.27 of the	12158
Revised Code;	12159

(c) Except as provided in division (D) of this section,	12160
forty-five per cent to the highway operating fund for distribution	12161
pursuant to division (B)(1) of section 5735.27 of the Revised	12162
Code.	12163

(C) From the balance in the state and local government	12164
highway distribution fund on the last day of each month there	12165
shall be paid the following amounts:	12166

(1) To the local transportation improvement program fund	12167
created by section 164.14 of the Revised Code, an amount equal to	12168
a fraction of the balance in the state and local government	12169
highway distribution fund, the numerator of which fraction is one	12170
and the denominator of which fraction is that portion of the tax	12171
per gallon determined under division (B)(2)(a) of section 5735.06	12172
of the Revised Code;	12173

(2) An amount equal to five cents multiplied by the number of	12174
gallons of motor fuel sold at stations operated by the Ohio	12175
turnpike and infrastructure commission, such gallonage to be	12176
certified by the commission to the treasurer of state not later	12177
than the last day of the month following. The funds paid to the	12178
commission pursuant to this section shall be expended for the	12179
construction, reconstruction, maintenance, and repair of turnpike	12180
projects, except that the funds may not be expended for the	12181
construction of new interchanges. The funds also may be expended	12182
for the construction, reconstruction, maintenance, and repair of	12183
those portions of connecting public roads that serve existing	12184
interchanges and are determined by the commission and the director	12185
of transportation to be necessary for the safe merging of traffic	12186
between the turnpike and those public roads.	12187

The remainder of the balance shall be distributed as follows	12188
on the fifteenth day of the following month:	12189

(a) Ten and seven-tenths per cent shall be paid to municipal	12190
corporations for distribution pursuant to division (A)(1) of	12191
section 5735.27 of the Revised Code and may be used for any	12192
purpose for which payments received under that division may be	12193
used. Through July 15, 2005, the sum of two hundred forty-eight	12194
thousand six hundred twenty-five dollars shall be monthly	12195
subtracted from the amount so computed and credited to the highway	12196
operating fund. Beginning August 15, 2005, the sum of seven	12197
hundred forty-five thousand eight hundred seventy-five dollars	12198
shall be monthly subtracted from the amount so computed and	12199
credited to the highway operating fund.	12200

(b) Five per cent shall be paid to townships for distribution	12201
pursuant to division (A)(5) of section 5735.27 of the Revised Code	12202
and may be used for any purpose for which payments received under	12203
that division may be used. Through July 15, 2005, the sum of	12204
eighty-seven thousand seven hundred fifty dollars shall be monthly	12205
subtracted from the amount so computed and credited to the highway	12206
operating fund. Beginning August 15, 2005, the sum of two hundred	12207
sixty-three thousand two hundred fifty dollars shall be monthly	12208
subtracted from the amount so computed and credited to the highway	12209
operating fund.	12210

(c) Nine and three-tenths per cent shall be paid to counties	12211
for distribution pursuant to division (A)(3) of section 5735.27 of	12212
the Revised Code and may be used for any purpose for which	12213
payments received under that division may be used. Through July	12214
15, 2005, the sum of two hundred forty-eight thousand six hundred	12215
twenty-five dollars shall be monthly subtracted from the amount so	12216
computed and credited to the highway operating fund. Beginning	12217
August 15, 2005, the sum of seven hundred forty-five thousand	12218
eight hundred seventy-five dollars shall be monthly subtracted	12219
from the amount so computed and credited to the highway operating	12220
fund.	12221

(d) Except as provided in division (D) of this section, the	12222
balance shall be transferred to the highway operating fund and	12223
used for the purposes set forth in division (B)(1) of section	12224
5735.27 of the Revised Code.	12225

(D) Monthly from September to February of each fiscal year,	12226
an amount equal to one-sixth of the amount certified in July of	12227
that year by the treasurer of state pursuant to division (Q) of	12228
section 151.01 of the Revised Code shall, from amounts required to	12229
be credited or transferred to the highway operating fund pursuant	12230
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or	12231
transferred to the highway capital improvement bond service fund	12232
created in section 151.06 of the Revised Code. If, in any of those	12233
months, the amount available to be credited or transferred to the	12234
bond service fund is less than one-sixth of the amount so	12235
certified, the shortfall shall be added to the amount due the next	12236
succeeding month. Any amount still due at the end of the six-month	12237
period shall be credited or transferred as the money becomes	12238
available, until such time as the office of budget and management	12239
receives certification from the treasurer of state or the	12240
treasurer of state's designee that sufficient money has been	12241
credited or transferred to the bond service fund to meet in full	12242
all payments of debt service and financing costs due during the	12243
fiscal year from that fund.	12244

Sec. 5739.02. For the purpose of providing revenue with	12245
which to meet the needs of the state, for the use of the general	12246
revenue fund of the state, for the purpose of securing a thorough	12247
and efficient system of common schools throughout the state, for	12248
the purpose of affording revenues, in addition to those from	12249
general property taxes, permitted under constitutional	12250
limitations, and from other sources, for the support of local	12251
governmental functions, and for the purpose of reimbursing the	12252
state for the expense of administering this chapter, an excise tax	12253
is hereby levied on each retail sale made in this state.	12254

(A)(1) The tax shall be collected as provided in section	12255
5739.025 of the Revised Code. The rate of the tax shall be five	12256
and one-half per cent. The tax applies and is collectible when the	12257
sale is made, regardless of the time when the price is paid or	12258
delivered.	12259

(2) In the case of the lease or rental, with a fixed term of	12260
more than thirty days or an indefinite term with a minimum period	12261
of more than thirty days, of any motor vehicles designed by the	12262
manufacturer to carry a load of not more than one ton, watercraft,	12263
outboard motor, or aircraft, or of any tangible personal property,	12264
other than motor vehicles designed by the manufacturer to carry a	12265
load of more than one ton, to be used by the lessee or renter	12266
primarily for business purposes, the tax shall be collected by the	12267
vendor at the time the lease or rental is consummated and shall be	12268
calculated by the vendor on the basis of the total amount to be	12269
paid by the lessee or renter under the lease agreement. If the	12270
total amount of the consideration for the lease or rental includes	12271
amounts that are not calculated at the time the lease or rental is	12272
executed, the tax shall be calculated and collected by the vendor	12273
at the time such amounts are billed to the lessee or renter. In	12274
the case of an open-end lease or rental, the tax shall be	12275
calculated by the vendor on the basis of the total amount to be	12276
paid during the initial fixed term of the lease or rental, and for	12277
each subsequent renewal period as it comes due. As used in this	12278
division, "motor vehicle" has the same meaning as in section	12279
4501.01 of the Revised Code, and "watercraft" includes an outdrive	12280
unit attached to the watercraft.	12281

A lease with a renewal clause and a termination penalty or	12282
similar provision that applies if the renewal clause is not	12283
exercised is presumed to be a sham transaction. In such a case,	12284
the tax shall be calculated and paid on the basis of the entire	12285
length of the lease period, including any renewal periods, until	12286
the termination penalty or similar provision no longer applies.	12287
The taxpayer shall bear the burden, by a preponderance of the	12288
evidence, that the transaction or series of transactions is not a	12289
sham transaction.	12290

(3) Except as provided in division (A)(2) of this section, in	12291
the case of a sale, the price of which consists in whole or in	12292
part of the lease or rental of tangible personal property, the tax	12293
shall be measured by the installments of that lease or rental.	12294

(4) In the case of a sale of a physical fitness facility	12295
service or recreation and sports club service, the price of which	12296
consists in whole or in part of a membership for the receipt of	12297
the benefit of the service, the tax applicable to the sale shall	12298
be measured by the installments thereof.	12299

(B) The tax does not apply to the following:

12300

(1) Sales to the state or any of its political subdivisions,	12301
or to any other state or its political subdivisions if the laws of	12302
that state exempt from taxation sales made to this state and its	12303
political subdivisions;	12304

(2) Sales of food for human consumption off the premises	12305
where sold;	12306

(3) Sales of food sold to students only in a cafeteria,	12307
dormitory, fraternity, or sorority maintained in a private,	12308
public, or parochial school, college, or university;	12309

(4) Sales of newspapers and of magazine subscriptions and	12310
sales or transfers of magazines distributed as controlled	12311
circulation publications;	12312

(5) The furnishing, preparing, or serving of meals without	12313
charge by an employer to an employee provided the employer records	12314
the meals as part compensation for services performed or work	12315
done;	12316

(6) Sales of motor fuel upon receipt, use, distribution, or	12317
sale of which in this state a tax is imposed by the law of this	12318
state, but this exemption shall not apply to the sale of motor	12319
fuel on which a refund of the tax is allowable under division (A)	12320
of section 5735.14 of the Revised Code; and the tax commissioner	12321
may deduct the amount of tax levied by this section applicable to	12322
the price of motor fuel when granting a refund of motor fuel tax	12323
pursuant to division (A) of section 5735.14 of the Revised Code	12324
and shall cause the amount deducted to be paid into the general	12325
revenue fund of this state;	12326

(7) Sales of natural gas by a natural gas company, of water	12327
by a water-works company, or of steam by a heating company, if in	12328
each case the thing sold is delivered to consumers through pipes	12329
or conduits, and all sales of communications services by a	12330
telegraph company, all terms as defined in section 5727.01 of the	12331
Revised Code, and sales of electricity delivered through wires;	12332

(8) Casual sales by a person, or auctioneer employed directly	12333
by the person to conduct such sales, except as to such sales of	12334
motor vehicles, watercraft or outboard motors required to be	12335
titled under section 1548.06 of the Revised Code, watercraft	12336
documented with the United States coast guard, snowmobiles, and	12337
all-purpose vehicles as defined in section 4519.01 of the Revised	12338
Code;	12339

(9)(a) Sales of services or tangible personal property, other	12340
than motor vehicles, mobile homes, and manufactured homes, by	12341
churches, organizations exempt from taxation under section	12342
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	12343
organizations operated exclusively for charitable purposes as	12344
defined in division (B)(12) of this section, provided that the	12345
number of days on which such tangible personal property or	12346
services, other than items never subject to the tax, are sold does	12347
not exceed six in any calendar year, except as otherwise provided	12348
in division (B)(9)(b) of this section. If the number of days on	12349
which such sales are made exceeds six in any calendar year, the	12350
church or organization shall be considered to be engaged in	12351
business and all subsequent sales by it shall be subject to the	12352
tax. In counting the number of days, all sales by groups within a	12353
church or within an organization shall be considered to be sales	12354
of that church or organization.	12355

(b) The limitation on the number of days on which tax-exempt	12356
sales may be made by a church or organization under division	12357
(B)(9)(a) of this section does not apply to sales made by student	12358
clubs and other groups of students of a primary or secondary	12359
school, or a parent-teacher association, booster group, or similar	12360
organization that raises money to support or fund curricular or	12361
extracurricular activities of a primary or secondary school.	12362

(c) Divisions (B)(9)(a) and (b) of this section do not apply	12363
to sales by a noncommercial educational radio or television	12364
broadcasting station.	12365

(10) Sales not within the taxing power of this state under	12366
the Constitution of the United States;	12367

(11) Except for transactions that are sales under division	12368
(B)(3)(r) of section 5739.01 of the Revised Code, the	12369
transportation of persons or property, unless the transportation	12370
is by a private investigation and security service;	12371

(12) Sales of tangible personal property or services to	12372
churches, to organizations exempt from taxation under section	12373
501(c)(3) of the Internal Revenue Code of 1986, and to any other	12374
nonprofit organizations operated exclusively for charitable	12375
purposes in this state, no part of the net income of which inures	12376
to the benefit of any private shareholder or individual, and no	12377
substantial part of the activities of which consists of carrying	12378
on propaganda or otherwise attempting to influence legislation;	12379
sales to offices administering one or more homes for the aged or	12380
one or more hospital facilities exempt under section 140.08 of the	12381
Revised Code; and sales to organizations described in division (D)	12382
of section 5709.12 of the Revised Code.	12383

"Charitable purposes" means the relief of poverty; the	12384
improvement of health through the alleviation of illness, disease,	12385
or injury; the operation of an organization exclusively for the	12386
provision of professional, laundry, printing, and purchasing	12387
services to hospitals or charitable institutions; the operation of	12388
a home for the aged, as defined in section 5701.13 of the Revised	12389
Code; the operation of a radio or television broadcasting station	12390
that is licensed by the federal communications commission as a	12391
noncommercial educational radio or television station; the	12392
operation of a nonprofit animal adoption service or a county	12393
humane society; the promotion of education by an institution of	12394
learning that maintains a faculty of qualified instructors,	12395
teaches regular continuous courses of study, and confers a	12396
recognized diploma upon completion of a specific curriculum; the	12397
operation of a parent-teacher association, booster group, or	12398
similar organization primarily engaged in the promotion and	12399
support of the curricular or extracurricular activities of a	12400
primary or secondary school; the operation of a community or area	12401
center in which presentations in music, dramatics, the arts, and	12402
related fields are made in order to foster public interest and	12403
education therein; the production of performances in music,	12404
dramatics, and the arts; or the promotion of education by an	12405
organization engaged in carrying on research in, or the	12406
dissemination of, scientific and technological knowledge and	12407
information primarily for the public.	12408

Nothing in this division shall be deemed to exempt sales to	12409
any organization for use in the operation or carrying on of a	12410
trade or business, or sales to a home for the aged for use in the	12411
operation of independent living facilities as defined in division	12412
(A) of section 5709.12 of the Revised Code.	12413

(13) Building and construction materials and services sold to	12414
construction contractors for incorporation into a structure or	12415
improvement to real property under a construction contract with	12416
this state or a political subdivision of this state, or with the	12417
United States government or any of its agencies; building and	12418
construction materials and services sold to construction	12419
contractors for incorporation into a structure or improvement to	12420
real property that are accepted for ownership by this state or any	12421
of its political subdivisions, or by the United States government	12422
or any of its agencies at the time of completion of the structures	12423
or improvements; building and construction materials sold to	12424
construction contractors for incorporation into a horticulture	12425
structure or livestock structure for a person engaged in the	12426
business of horticulture or producing livestock; building	12427
materials and services sold to a construction contractor for	12428
incorporation into a house of public worship or religious	12429
education, or a building used exclusively for charitable purposes	12430
under a construction contract with an organization whose purpose	12431
is as described in division (B)(12) of this section; building	12432
materials and services sold to a construction contractor for	12433
incorporation into a building under a construction contract with	12434
an organization exempt from taxation under section 501(c)(3) of	12435
the Internal Revenue Code of 1986 when the building is to be used	12436
exclusively for the organization's exempt purposes; building and	12437
construction materials sold for incorporation into the original	12438
construction of a sports facility under section 307.696 of the	12439
Revised Code; building and construction materials and services	12440
sold to a construction contractor for incorporation into real	12441
property outside this state if such materials and services, when	12442
sold to a construction contractor in the state in which the real	12443
property is located for incorporation into real property in that	12444
state, would be exempt from a tax on sales levied by that state;	12445
and, until one calendar year after the construction of a	12446
convention center that qualifies for property tax exemption under	12447
section 5709.084 of the Revised Code is completed, building and	12448
construction materials and services sold to a construction	12449
contractor for incorporation into the real property comprising	12450
that convention center;	12451

(14) Sales of ships or vessels or rail rolling stock used or	12452
to be used principally in interstate or foreign commerce, and	12453
repairs, alterations, fuel, and lubricants for such ships or	12454
vessels or rail rolling stock;	12455

(15) Sales to persons primarily engaged in any of the	12456
activities mentioned in division (B)(42)(a), (g), or (h) of this	12457
section, to persons engaged in making retail sales, or to persons	12458
who purchase for sale from a manufacturer tangible personal	12459
property that was produced by the manufacturer in accordance with	12460
specific designs provided by the purchaser, of packages, including	12461
material, labels, and parts for packages, and of machinery,	12462
equipment, and material for use primarily in packaging tangible	12463
personal property produced for sale, including any machinery,	12464
equipment, and supplies used to make labels or packages, to	12465
prepare packages or products for labeling, or to label packages or	12466
products, by or on the order of the person doing the packaging, or	12467
sold at retail. "Packages" includes bags, baskets, cartons,	12468
crates, boxes, cans, bottles, bindings, wrappings, and other	12469
similar devices and containers, but does not include motor	12470
vehicles or bulk tanks, trailers, or similar devices attached to	12471
motor vehicles. "Packaging" means placing in a package. Division	12472
(B)(15) of this section does not apply to persons engaged in	12473
highway transportation for hire.	12474

(16) Sales of food to persons using supplemental nutrition	12475
assistance program benefits to purchase the food. As used in this	12476
division, "food" has the same meaning as in 7 U.S.C. 2012 and	12477
federal regulations adopted pursuant to the Food and Nutrition Act	12478
of 2008.	12479

(17) Sales to persons engaged in farming, agriculture,	12480
horticulture, or floriculture, of tangible personal property for	12481
use or consumption primarily in the production by farming,	12482
agriculture, horticulture, or floriculture of other tangible	12483
personal property for use or consumption primarily in the	12484
production of tangible personal property for sale by farming,	12485
agriculture, horticulture, or floriculture; or material and parts	12486
for incorporation into any such tangible personal property for use	12487
or consumption in production; and of tangible personal property	12488
for such use or consumption in the conditioning or holding of	12489
products produced by and for such use, consumption, or sale by	12490
persons engaged in farming, agriculture, horticulture, or	12491
floriculture, except where such property is incorporated into real	12492
property;	12493

(18) Sales of drugs for a human being that may be dispensed	12494
only pursuant to a prescription; insulin as recognized in the	12495
official United States pharmacopoeia; urine and blood testing	12496
materials when used by diabetics or persons with hypoglycemia to	12497
test for glucose or acetone; hypodermic syringes and needles when	12498
used by diabetics for insulin injections; epoetin alfa when	12499
purchased for use in the treatment of persons with medical	12500
disease; hospital beds when purchased by hospitals, nursing homes,	12501
or other medical facilities; and medical oxygen and medical	12502
oxygen-dispensing equipment when purchased by hospitals, nursing	12503
homes, or other medical facilities;	12504

(19) Sales of prosthetic devices, durable medical equipment	12505
for home use, or mobility enhancing equipment, when made pursuant	12506
to a prescription and when such devices or equipment are for use	12507
by a human being.	12508

(20) Sales of emergency and fire protection vehicles and	12509
equipment to nonprofit organizations for use solely in providing	12510
fire protection and emergency services, including trauma care and	12511
emergency medical services, for political subdivisions of the	12512
state;	12513

(21) Sales of tangible personal property manufactured in this	12514
state, if sold by the manufacturer in this state to a retailer for	12515
use in the retail business of the retailer outside of this state	12516
and if possession is taken from the manufacturer by the purchaser	12517
within this state for the sole purpose of immediately removing the	12518
same from this state in a vehicle owned by the purchaser;	12519

(22) Sales of services provided by the state or any of its	12520
political subdivisions, agencies, instrumentalities, institutions,	12521
or authorities, or by governmental entities of the state or any of	12522
its political subdivisions, agencies, instrumentalities,	12523
institutions, or authorities;	12524

(23) Sales of motor vehicles to nonresidents of this state	12525
under the circumstances described in division (B) of section	12526
5739.029 of the Revised Code;	12527

(24) Sales to persons engaged in the preparation of eggs for	12528
sale of tangible personal property used or consumed directly in	12529
such preparation, including such tangible personal property used	12530
for cleaning, sanitizing, preserving, grading, sorting, and	12531
classifying by size; packages, including material and parts for	12532
packages, and machinery, equipment, and material for use in	12533
packaging eggs for sale; and handling and transportation equipment	12534
and parts therefor, except motor vehicles licensed to operate on	12535
public highways, used in intraplant or interplant transfers or	12536
shipment of eggs in the process of preparation for sale, when the	12537
plant or plants within or between which such transfers or	12538
shipments occur are operated by the same person. "Packages"	12539
includes containers, cases, baskets, flats, fillers, filler flats,	12540
cartons, closure materials, labels, and labeling materials, and	12541
"packaging" means placing therein.	12542

(25)(a) Sales of water to a consumer for residential use;

12543

(b) Sales of water by a nonprofit corporation engaged	12544
exclusively in the treatment, distribution, and sale of water to	12545
consumers, if such water is delivered to consumers through pipes	12546
or tubing.	12547

(26) Fees charged for inspection or reinspection of motor	12548
vehicles under section 3704.14 of the Revised Code;	12549

(27) Sales to persons licensed to conduct a food service	12550
operation pursuant to section 3717.43 of the Revised Code, of	12551
tangible personal property primarily used directly for the	12552
following:	12553

(a) To prepare food for human consumption for sale;

12554

(b) To preserve food that has been or will be prepared for	12555
human consumption for sale by the food service operator, not	12556
including tangible personal property used to display food for	12557
selection by the consumer;	12558

(c) To clean tangible personal property used to prepare or	12559
serve food for human consumption for sale.	12560

(28) Sales of animals by nonprofit animal adoption services	12561
or county humane societies;	12562

(29) Sales of services to a corporation described in division	12563
(A) of section 5709.72 of the Revised Code, and sales of tangible	12564
personal property that qualifies for exemption from taxation under	12565
section 5709.72 of the Revised Code;	12566

(30) Sales and installation of agricultural land tile, as	12567
defined in division (B)(5)(a) of section 5739.01 of the Revised	12568
Code;	12569

(31) Sales and erection or installation of portable grain	12570
bins, as defined in division (B)(5)(b) of section 5739.01 of the	12571
Revised Code;	12572

(32) The sale, lease, repair, and maintenance of, parts for,	12573
or items attached to or incorporated in, motor vehicles that are	12574
primarily used for transporting tangible personal property	12575
belonging to others by a person engaged in highway transportation	12576
for hire, except for packages and packaging used for the	12577
transportation of tangible personal property;	12578

(33) Sales to the state headquarters of any veterans'	12579
organization in this state that is either incorporated and issued	12580
a charter by the congress of the United States or is recognized by	12581
the United States veterans administration, for use by the	12582
headquarters;	12583

(34) Sales to a telecommunications service vendor, mobile	12584
telecommunications service vendor, or satellite broadcasting	12585
service vendor of tangible personal property and services used	12586
directly and primarily in transmitting, receiving, switching, or	12587
recording any interactive, one- or two-way electromagnetic	12588
communications, including voice, image, data, and information,	12589
through the use of any medium, including, but not limited to,	12590
poles, wires, cables, switching equipment, computers, and record	12591
storage devices and media, and component parts for the tangible	12592
personal property. The exemption provided in this division shall	12593
be in lieu of all other exemptions under division (B)(42)(a) or	12594
(n) of this section to which the vendor may otherwise be entitled,	12595
based upon the use of the thing purchased in providing the	12596
telecommunications, mobile telecommunications, or satellite	12597
broadcasting service.	12598

(35)(a) Sales where the purpose of the consumer is to use or	12599
consume the things transferred in making retail sales and	12600
consisting of newspaper inserts, catalogues, coupons, flyers, gift	12601
certificates, or other advertising material that prices and	12602
describes tangible personal property offered for retail sale.	12603

(b) Sales to direct marketing vendors of preliminary	12604
materials such as photographs, artwork, and typesetting that will	12605
be used in printing advertising material; and of printed matter	12606
that offers free merchandise or chances to win sweepstake prizes	12607
and that is mailed to potential customers with advertising	12608
material described in division (B)(35)(a) of this section;	12609

(c) Sales of equipment such as telephones, computers,	12610
facsimile machines, and similar tangible personal property	12611
primarily used to accept orders for direct marketing retail sales.	12612

(d) Sales of automatic food vending machines that preserve	12613
food with a shelf life of forty-five days or less by refrigeration	12614
and dispense it to the consumer.	12615

For purposes of division (B)(35) of this section, "direct	12616
marketing" means the method of selling where consumers order	12617
tangible personal property by United States mail, delivery	12618
service, or telecommunication and the vendor delivers or ships the	12619
tangible personal property sold to the consumer from a warehouse,	12620
catalogue distribution center, or similar fulfillment facility by	12621
means of the United States mail, delivery service, or common	12622
carrier.	12623

(36) Sales to a person engaged in the business of	12624
horticulture or producing livestock of materials to be	12625
incorporated into a horticulture structure or livestock structure;	12626

(37) Sales of personal computers, computer monitors, computer	12627
keyboards, modems, and other peripheral computer equipment to an	12628
individual who is licensed or certified to teach in an elementary	12629
or a secondary school in this state for use by that individual in	12630
preparation for teaching elementary or secondary school students;	12631

(38) Sales to a professional racing team of any of the	12632
following:	12633

(a) Motor racing vehicles;

12634

(b) Repair services for motor racing vehicles;

12635

(c) Items of property that are attached to or incorporated in	12636
motor racing vehicles, including engines, chassis, and all other	12637
components of the vehicles, and all spare, replacement, and	12638
rebuilt parts or components of the vehicles; except not including	12639
tires, consumable fluids, paint, and accessories consisting of	12640
instrumentation sensors and related items added to the vehicle to	12641
collect and transmit data by means of telemetry and other forms of	12642
communication.	12643

(39) Sales of used manufactured homes and used mobile homes,	12644
as defined in section 5739.0210 of the Revised Code, made on or	12645
after January 1, 2000;	12646

(40) Sales of tangible personal property and services to a	12647
provider of electricity used or consumed directly and primarily in	12648
generating, transmitting, or distributing electricity for use by	12649
others, including property that is or is to be incorporated into	12650
and will become a part of the consumer's production, transmission,	12651
or distribution system and that retains its classification as	12652
tangible personal property after incorporation; fuel or power used	12653
in the production, transmission, or distribution of electricity;	12654
energy conversion equipment as defined in section 5727.01 of the	12655
Revised Code; and tangible personal property and services used in	12656
the repair and maintenance of the production, transmission, or	12657
distribution system, including only those motor vehicles as are	12658
specially designed and equipped for such use. The exemption	12659
provided in this division shall be in lieu of all other exemptions	12660
in division (B)(42)(a) or (n) of this section to which a provider	12661
of electricity may otherwise be entitled based on the use of the	12662
tangible personal property or service purchased in generating,	12663
transmitting, or distributing electricity.	12664

(41) Sales to a person providing services under division	12665
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	12666
personal property and services used directly and primarily in	12667
providing taxable services under that section.	12668

(42) Sales where the purpose of the purchaser is to do any of	12669
the following:	12670

(a) To incorporate the thing transferred as a material or a	12671
part into tangible personal property to be produced for sale by	12672
manufacturing, assembling, processing, or refining; or to use or	12673
consume the thing transferred directly in producing tangible	12674
personal property for sale by mining, including, without	12675
limitation, the extraction from the earth of all substances that	12676
are classed geologically as minerals, production of crude oil and	12677
natural gas, or directly in the rendition of a public utility	12678
service, except that the sales tax levied by this section shall be	12679
collected upon all meals, drinks, and food for human consumption	12680
sold when transporting persons. Persons engaged in rendering	12681
services in the exploration for, and production of, crude oil and	12682
natural gas for others are deemed engaged directly in the	12683
exploration for, and production of, crude oil and natural gas.	12684
This paragraph does not exempt from "retail sale" or "sales at	12685
retail" the sale of tangible personal property that is to be	12686
incorporated into a structure or improvement to real property.	12687

(b) To hold the thing transferred as security for the	12688
performance of an obligation of the vendor;	12689

(c) To resell, hold, use, or consume the thing transferred as	12690
evidence of a contract of insurance;	12691

(d) To use or consume the thing directly in commercial	12692
fishing;	12693

(e) To incorporate the thing transferred as a material or a	12694
part into, or to use or consume the thing transferred directly in	12695
the production of, magazines distributed as controlled circulation	12696
publications;	12697

(f) To use or consume the thing transferred in the production	12698
and preparation in suitable condition for market and sale of	12699
printed, imprinted, overprinted, lithographic, multilithic,	12700
blueprinted, photostatic, or other productions or reproductions of	12701
written or graphic matter;	12702

(g) To use the thing transferred, as described in section	12703
5739.011 of the Revised Code, primarily in a manufacturing	12704
operation to produce tangible personal property for sale;	12705

(h) To use the benefit of a warranty, maintenance or service	12706
contract, or similar agreement, as described in division (B)(7) of	12707
section 5739.01 of the Revised Code, to repair or maintain	12708
tangible personal property, if all of the property that is the	12709
subject of the warranty, contract, or agreement would not be	12710
subject to the tax imposed by this section;	12711

(i) To use the thing transferred as qualified research and	12712
development equipment;	12713

(j) To use or consume the thing transferred primarily in	12714
storing, transporting, mailing, or otherwise handling purchased	12715
sales inventory in a warehouse, distribution center, or similar	12716
facility when the inventory is primarily distributed outside this	12717
state to retail stores of the person who owns or controls the	12718
warehouse, distribution center, or similar facility, to retail	12719
stores of an affiliated group of which that person is a member, or	12720
by means of direct marketing. This division does not apply to	12721
motor vehicles registered for operation on the public highways. As	12722
used in this division, "affiliated group" has the same meaning as	12723
in division (B)(3)(e) of section 5739.01 of the Revised Code and	12724
"direct marketing" has the same meaning as in division (B)(35) of	12725
this section.	12726

(k) To use or consume the thing transferred to fulfill a	12727
contractual obligation incurred by a warrantor pursuant to a	12728
warranty provided as a part of the price of the tangible personal	12729
property sold or by a vendor of a warranty, maintenance or service	12730
contract, or similar agreement the provision of which is defined	12731
as a sale under division (B)(7) of section 5739.01 of the Revised	12732
Code;	12733

(l) To use or consume the thing transferred in the production	12734
of a newspaper for distribution to the public;	12735

(m) To use tangible personal property to perform a service	12736
listed in division (B)(3) of section 5739.01 of the Revised Code,	12737
if the property is or is to be permanently transferred to the	12738
consumer of the service as an integral part of the performance of	12739
the service;	12740

(n) To use or consume the thing transferred primarily in	12741
producing tangible personal property for sale by farming,	12742
agriculture, horticulture, or floriculture. Persons engaged in	12743
rendering farming, agriculture, horticulture, or floriculture	12744
services for others are deemed engaged primarily in farming,	12745
agriculture, horticulture, or floriculture. This paragraph does	12746
not exempt from "retail sale" or "sales at retail" the sale of	12747
tangible personal property that is to be incorporated into a	12748
structure or improvement to real property.	12749

(o) To use or consume the thing transferred in acquiring,	12750
formatting, editing, storing, and disseminating data or	12751
information by electronic publishing.	12752

As used in division (B)(42) of this section, "thing" includes	12753
all transactions included in divisions (B)(3)(a), (b), and (e) of	12754
section 5739.01 of the Revised Code.	12755

(43) Sales conducted through a coin operated device that	12756
activates vacuum equipment or equipment that dispenses water,	12757
whether or not in combination with soap or other cleaning agents	12758
or wax, to the consumer for the consumer's use on the premises in	12759
washing, cleaning, or waxing a motor vehicle, provided no other	12760
personal property or personal service is provided as part of the	12761
transaction.	12762

(44) Sales of replacement and modification parts for engines,	12763
airframes, instruments, and interiors in, and paint for, aircraft	12764
used primarily in a fractional aircraft ownership program, and	12765
sales of services for the repair, modification, and maintenance of	12766
such aircraft, and machinery, equipment, and supplies primarily	12767
used to provide those services.	12768

(45) Sales of telecommunications service that is used	12769
directly and primarily to perform the functions of a call center.	12770
As used in this division, "call center" means any physical	12771
location where telephone calls are placed or received in high	12772
volume for the purpose of making sales, marketing, customer	12773
service, technical support, or other specialized business	12774
activity, and that employs at least fifty individuals that engage	12775
in call center activities on a full-time basis, or sufficient	12776
individuals to fill fifty full-time equivalent positions.	12777

(46) Sales by a telecommunications service vendor of 900	12778
service to a subscriber. This division does not apply to	12779
information services, as defined in division (FF) of section	12780
5739.01 of the Revised Code.	12781

(47) Sales of value-added non-voice data service. This	12782
division does not apply to any similar service that is not	12783
otherwise a telecommunications service.	12784

(48)(a) Sales of machinery, equipment, and software to a	12785
qualified direct selling entity for use in a warehouse or	12786
distribution center primarily for storing, transporting, or	12787
otherwise handling inventory that is held for sale to independent	12788
salespersons who operate as direct sellers and that is held	12789
primarily for distribution outside this state;	12790

(b) As used in division (B)(48)(a) of this section:

12791

(i) "Direct seller" means a person selling consumer products	12792
to individuals for personal or household use and not from a fixed	12793
retail location, including selling such product at in-home product	12794
demonstrations, parties, and other one-on-one selling.	12795

(ii) "Qualified direct selling entity" means an entity	12796
selling to direct sellers at the time the entity enters into a tax	12797
credit agreement with the tax credit authority pursuant to section	12798
122.17 of the Revised Code, provided that the agreement was	12799
entered into on or after January 1, 2007. Neither contingencies	12800
relevant to the granting of, nor later developments with respect	12801
to, the tax credit shall impair the status of the qualified direct	12802
selling entity under division (B)(48) of this section after	12803
execution of the tax credit agreement by the tax credit authority.	12804

(c) Division (B)(48) of this section is limited to machinery,	12805
equipment, and software first stored, used, or consumed in this	12806
state within the period commencing June 24, 2008, and ending on	12807
the date that is five years after that date.	12808

(49) Sales of materials, parts, equipment, or engines used in	12809
the repair or maintenance of aircraft or avionics systems of such	12810
aircraft, and sales of repair, remodeling, replacement, or	12811
maintenance services in this state performed on aircraft or on an	12812
aircraft's avionics, engine, or component materials or parts. As	12813
used in division (B)(49) of this section, "aircraft" means	12814
aircraft of more than six thousand pounds maximum certified	12815
takeoff weight or used exclusively in general aviation.	12816

(50) Sales of full flight simulators that are used for pilot	12817
or flight-crew training, sales of repair or replacement parts or	12818
components, and sales of repair or maintenance services for such	12819
full flight simulators. "Full flight simulator" means a replica of	12820
a specific type, or make, model, and series of aircraft cockpit.	12821
It includes the assemblage of equipment and computer programs	12822
necessary to represent aircraft operations in ground and flight	12823
conditions, a visual system providing an out-of-the-cockpit view,	12824
and a system that provides cues at least equivalent to those of a	12825
three-degree-of-freedom motion system, and has the full range of	12826
capabilities of the systems installed in the device as described	12827
in appendices A and B of part 60 of chapter 1 of title 14 of the	12828
Code of Federal Regulations.	12829

(51) Any transfer or lease of tangible personal property	12830
~~between the state and a successful proposer in accordance with~~	12831
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	12832
~~property is part of a project as defined in section 126.60 of the~~	12833
~~Revised Code and the state retains ownership of the project or~~	12834
~~part thereof that is being transferred or leased,~~ between the	12835
state and JobsOhio in accordance with section 4313.02 of the	12836
Revised Code.	12837

(C) For the purpose of the proper administration of this	12838
chapter, and to prevent the evasion of the tax, it is presumed	12839
that all sales made in this state are subject to the tax until the	12840
contrary is established.	12841

(D) The levy of this tax on retail sales of recreation and	12842
sports club service shall not prevent a municipal corporation from	12843
levying any tax on recreation and sports club dues or on any	12844
income generated by recreation and sports club dues.	12845

(E) The tax collected by the vendor from the consumer under	12846
this chapter is not part of the price, but is a tax collection for	12847
the benefit of the state, and of counties levying an additional	12848
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	12849
Code and of transit authorities levying an additional sales tax	12850
pursuant to section 5739.023 of the Revised Code. Except for the	12851
discount authorized under section 5739.12 of the Revised Code and	12852
the effects of any rounding pursuant to section 5703.055 of the	12853
Revised Code, no person other than the state or such a county or	12854
transit authority shall derive any benefit from the collection or	12855
payment of the tax levied by this section or section 5739.021,	12856
5739.023, or 5739.026 of the Revised Code.	12857

Sec. 5747.01. Except as otherwise expressly provided or	12858
clearly appearing from the context, any term used in this chapter	12859
that is not otherwise defined in this section has the same meaning	12860
as when used in a comparable context in the laws of the United	12861
States relating to federal income taxes or if not used in a	12862
comparable context in those laws, has the same meaning as in	12863
section 5733.40 of the Revised Code. Any reference in this chapter	12864
to the Internal Revenue Code includes other laws of the United	12865
States relating to federal income taxes.	12866

As used in this chapter:

12867

(A) "Adjusted gross income" or "Ohio adjusted gross income"	12868
means federal adjusted gross income, as defined and used in the	12869
Internal Revenue Code, adjusted as provided in this section:	12870

(1) Add interest or dividends on obligations or securities of	12871
any state or of any political subdivision or authority of any	12872
state, other than this state and its subdivisions and authorities.	12873

(2) Add interest or dividends on obligations of any	12874
authority, commission, instrumentality, territory, or possession	12875
of the United States to the extent that the interest or dividends	12876
are exempt from federal income taxes but not from state income	12877
taxes.	12878

(3) Deduct interest or dividends on obligations of the United	12879
States and its territories and possessions or of any authority,	12880
commission, or instrumentality of the United States to the extent	12881
that the interest or dividends are included in federal adjusted	12882
gross income but exempt from state income taxes under the laws of	12883
the United States.	12884

(4) Deduct disability and survivor's benefits to the extent	12885
included in federal adjusted gross income.	12886

(5) Deduct benefits under Title II of the Social Security Act	12887
and tier 1 railroad retirement benefits to the extent included in	12888
federal adjusted gross income under section 86 of the Internal	12889
Revenue Code.	12890

(6) In the case of a taxpayer who is a beneficiary of a trust	12891
that makes an accumulation distribution as defined in section 665	12892
of the Internal Revenue Code, add, for the beneficiary's taxable	12893
years beginning before 2002, the portion, if any, of such	12894
distribution that does not exceed the undistributed net income of	12895
the trust for the three taxable years preceding the taxable year	12896
in which the distribution is made to the extent that the portion	12897
was not included in the trust's taxable income for any of the	12898
trust's taxable years beginning in 2002 or thereafter.	12899
"Undistributed net income of a trust" means the taxable income of	12900
the trust increased by (a)(i) the additions to adjusted gross	12901
income required under division (A) of this section and (ii) the	12902
personal exemptions allowed to the trust pursuant to section	12903
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	12904
deductions to adjusted gross income required under division (A) of	12905
this section, (ii) the amount of federal income taxes attributable	12906
to such income, and (iii) the amount of taxable income that has	12907
been included in the adjusted gross income of a beneficiary by	12908
reason of a prior accumulation distribution. Any undistributed net	12909
income included in the adjusted gross income of a beneficiary	12910
shall reduce the undistributed net income of the trust commencing	12911
with the earliest years of the accumulation period.	12912

(7) Deduct the amount of wages and salaries, if any, not	12913
otherwise allowable as a deduction but that would have been	12914
allowable as a deduction in computing federal adjusted gross	12915
income for the taxable year, had the targeted jobs credit allowed	12916
and determined under sections 38, 51, and 52 of the Internal	12917
Revenue Code not been in effect.	12918

(8) Deduct any interest or interest equivalent on public	12919
obligations and purchase obligations to the extent that the	12920
interest or interest equivalent is included in federal adjusted	12921
gross income.	12922

(9) Add any loss or deduct any gain resulting from the sale,	12923
exchange, or other disposition of public obligations to the extent	12924
that the loss has been deducted or the gain has been included in	12925
computing federal adjusted gross income.	12926

(10) Deduct or add amounts, as provided under section 5747.70	12927
of the Revised Code, related to contributions to variable college	12928
savings program accounts made or tuition units purchased pursuant	12929
to Chapter 3334. of the Revised Code.	12930

(11)(a) Deduct, to the extent not otherwise allowable as a	12931
deduction or exclusion in computing federal or Ohio adjusted gross	12932
income for the taxable year, the amount the taxpayer paid during	12933
the taxable year for medical care insurance and qualified	12934
long-term care insurance for the taxpayer, the taxpayer's spouse,	12935
and dependents. No deduction for medical care insurance under	12936
division (A)(11) of this section shall be allowed either to any	12937
taxpayer who is eligible to participate in any subsidized health	12938
plan maintained by any employer of the taxpayer or of the	12939
taxpayer's spouse, or to any taxpayer who is entitled to, or on	12940
application would be entitled to, benefits under part A of Title	12941
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	12942
301, as amended. For the purposes of division (A)(11)(a) of this	12943
section, "subsidized health plan" means a health plan for which	12944
the employer pays any portion of the plan's cost. The deduction	12945
allowed under division (A)(11)(a) of this section shall be the net	12946
of any related premium refunds, related premium reimbursements, or	12947
related insurance premium dividends received during the taxable	12948
year.	12949

(b) Deduct, to the extent not otherwise deducted or excluded	12950
in computing federal or Ohio adjusted gross income during the	12951
taxable year, the amount the taxpayer paid during the taxable	12952
year, not compensated for by any insurance or otherwise, for	12953
medical care of the taxpayer, the taxpayer's spouse, and	12954
dependents, to the extent the expenses exceed seven and one-half	12955
per cent of the taxpayer's federal adjusted gross income.	12956

(c) Deduct, to the extent not otherwise deducted or excluded	12957
in computing federal or Ohio adjusted gross income, any amount	12958
included in federal adjusted gross income under section 105 or not	12959
excluded under section 106 of the Internal Revenue Code solely	12960
because it relates to an accident and health plan for a person who	12961
otherwise would be a "qualifying relative" and thus a "dependent"	12962
under section 152 of the Internal Revenue Code but for the fact	12963
that the person fails to meet the income and support limitations	12964
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	12965

(d) For purposes of division (A)(11) of this section,	12966
"medical care" has the meaning given in section 213 of the	12967
Internal Revenue Code, subject to the special rules, limitations,	12968
and exclusions set forth therein, and "qualified long-term care"	12969
has the same meaning given in section 7702B(c) of the Internal	12970
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	12971
of this section, "dependent" includes a person who otherwise would	12972
be a "qualifying relative" and thus a "dependent" under section	12973
152 of the Internal Revenue Code but for the fact that the person	12974
fails to meet the income and support limitations under section	12975
152(d)(1)(B) and (C) of the Internal Revenue Code.	12976

(12)(a) Deduct any amount included in federal adjusted gross	12977
income solely because the amount represents a reimbursement or	12978
refund of expenses that in any year the taxpayer had deducted as	12979
an itemized deduction pursuant to section 63 of the Internal	12980
Revenue Code and applicable United States department of the	12981
treasury regulations. The deduction otherwise allowed under	12982
division (A)(12)(a) of this section shall be reduced to the extent	12983
the reimbursement is attributable to an amount the taxpayer	12984
deducted under this section in any taxable year.	12985

(b) Add any amount not otherwise included in Ohio adjusted	12986
gross income for any taxable year to the extent that the amount is	12987
attributable to the recovery during the taxable year of any amount	12988
deducted or excluded in computing federal or Ohio adjusted gross	12989
income in any taxable year.	12990

(13) Deduct any portion of the deduction described in section	12991
1341(a)(2) of the Internal Revenue Code, for repaying previously	12992
reported income received under a claim of right, that meets both	12993
of the following requirements:	12994

(a) It is allowable for repayment of an item that was	12995
included in the taxpayer's adjusted gross income for a prior	12996
taxable year and did not qualify for a credit under division (A)	12997
or (B) of section 5747.05 of the Revised Code for that year;	12998

(b) It does not otherwise reduce the taxpayer's adjusted	12999
gross income for the current or any other taxable year.	13000

(14) Deduct an amount equal to the deposits made to, and net	13001
investment earnings of, a medical savings account during the	13002
taxable year, in accordance with section 3924.66 of the Revised	13003
Code. The deduction allowed by division (A)(14) of this section	13004
does not apply to medical savings account deposits and earnings	13005
otherwise deducted or excluded for the current or any other	13006
taxable year from the taxpayer's federal adjusted gross income.	13007

(15)(a) Add an amount equal to the funds withdrawn from a	13008
medical savings account during the taxable year, and the net	13009
investment earnings on those funds, when the funds withdrawn were	13010
used for any purpose other than to reimburse an account holder	13011
for, or to pay, eligible medical expenses, in accordance with	13012
section 3924.66 of the Revised Code;	13013

(b) Add the amounts distributed from a medical savings	13014
account under division (A)(2) of section 3924.68 of the Revised	13015
Code during the taxable year.	13016

(16) Add any amount claimed as a credit under section	13017
5747.059 or 5747.65 of the Revised Code to the extent that such	13018
amount satisfies either of the following:	13019

(a) The amount was deducted or excluded from the computation	13020
of the taxpayer's federal adjusted gross income as required to be	13021
reported for the taxpayer's taxable year under the Internal	13022
Revenue Code;	13023

(b) The amount resulted in a reduction of the taxpayer's	13024
federal adjusted gross income as required to be reported for any	13025
of the taxpayer's taxable years under the Internal Revenue Code.	13026

(17) Deduct the amount contributed by the taxpayer to an	13027
individual development account program established by a county	13028
department of job and family services pursuant to sections 329.11	13029
to 329.14 of the Revised Code for the purpose of matching funds	13030
deposited by program participants. On request of the tax	13031
commissioner, the taxpayer shall provide any information that, in	13032
the tax commissioner's opinion, is necessary to establish the	13033
amount deducted under division (A)(17) of this section.	13034

(18) Beginning in taxable year 2001 but not for any taxable	13035
year beginning after December 31, 2005, if the taxpayer is married	13036
and files a joint return and the combined federal adjusted gross	13037
income of the taxpayer and the taxpayer's spouse for the taxable	13038
year does not exceed one hundred thousand dollars, or if the	13039
taxpayer is single and has a federal adjusted gross income for the	13040
taxable year not exceeding fifty thousand dollars, deduct amounts	13041
paid during the taxable year for qualified tuition and fees paid	13042
to an eligible institution for the taxpayer, the taxpayer's	13043
spouse, or any dependent of the taxpayer, who is a resident of	13044
this state and is enrolled in or attending a program that	13045
culminates in a degree or diploma at an eligible institution. The	13046
deduction may be claimed only to the extent that qualified tuition	13047
and fees are not otherwise deducted or excluded for any taxable	13048
year from federal or Ohio adjusted gross income. The deduction may	13049
not be claimed for educational expenses for which the taxpayer	13050
claims a credit under section 5747.27 of the Revised Code.	13051

(19) Add any reimbursement received during the taxable year	13052
of any amount the taxpayer deducted under division (A)(18) of this	13053
section in any previous taxable year to the extent the amount is	13054
not otherwise included in Ohio adjusted gross income.	13055

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	13056
(v) of this section, add five-sixths of the amount of depreciation	13057
expense allowed by subsection (k) of section 168 of the Internal	13058
Revenue Code, including the taxpayer's proportionate or	13059
distributive share of the amount of depreciation expense allowed	13060
by that subsection to a pass-through entity in which the taxpayer	13061
has a direct or indirect ownership interest.	13062

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	13063
this section, add five-sixths of the amount of qualifying section	13064
179 depreciation expense, including the taxpayer's proportionate	13065
or distributive share of the amount of qualifying section 179	13066
depreciation expense allowed to any pass-through entity in which	13067
the taxpayer has a direct or indirect ownership interest.	13068

(iii) Subject to division (A)(20)(a)(v) of this section, for	13069
taxable years beginning in 2012 or thereafter, if the increase in	13070
income taxes withheld by the taxpayer is equal to or greater than	13071
ten per cent of income taxes withheld by the taxpayer during the	13072
taxpayer's immediately preceding taxable year, "two-thirds" shall	13073
be substituted for "five-sixths" for the purpose of divisions	13074
(A)(20)(a)(i) and (ii) of this section.	13075

(iv) Subject to division (A)(20)(a)(v) of this section, for	13076
taxable years beginning in 2012 or thereafter, a taxpayer is not	13077
required to add an amount under division (A)(20) of this section	13078
if the increase in income taxes withheld by the taxpayer and by	13079
any pass-through entity in which the taxpayer has a direct or	13080
indirect ownership interest is equal to or greater than the sum of	13081
(I) the amount of qualifying section 179 depreciation expense and	13082
(II) the amount of depreciation expense allowed to the taxpayer by	13083
subsection (k) of section 168 of the Internal Revenue Code, and	13084
including the taxpayer's proportionate or distributive shares of	13085
such amounts allowed to any such pass-through entities.	13086

(v) If a taxpayer directly or indirectly incurs a net	13087
operating loss for the taxable year for federal income tax	13088
purposes, to the extent such loss resulted from depreciation	13089
expense allowed by subsection (k) of section 168 of the Internal	13090
Revenue Code and by qualifying section 179 depreciation expense,	13091
"the entire" shall be substituted for "five-sixths of the" for the	13092
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	13093

The tax commissioner, under procedures established by the	13094
commissioner, may waive the add-backs related to a pass-through	13095
entity if the taxpayer owns, directly or indirectly, less than	13096
five per cent of the pass-through entity.	13097

(b) Nothing in division (A)(20) of this section shall be	13098
construed to adjust or modify the adjusted basis of any asset.	13099

(c) To the extent the add-back required under division	13100
(A)(20)(a) of this section is attributable to property generating	13101
nonbusiness income or loss allocated under section 5747.20 of the	13102
Revised Code, the add-back shall be sitused to the same location	13103
as the nonbusiness income or loss generated by the property for	13104
the purpose of determining the credit under division (A) of	13105
section 5747.05 of the Revised Code. Otherwise, the add-back shall	13106
be apportioned, subject to one or more of the four alternative	13107
methods of apportionment enumerated in section 5747.21 of the	13108
Revised Code.	13109

(d) For the purposes of division (A)(20)(a)(v) of this	13110
section, net operating loss carryback and carryforward shall not	13111
include the allowance of any net operating loss deduction	13112
carryback or carryforward to the taxable year to the extent such	13113
loss resulted from depreciation allowed by section 168(k) of the	13114
Internal Revenue Code and by the qualifying section 179	13115
depreciation expense amount.	13116

(e) For the purposes of divisions (A)(20) and (21) of this	13117
section:	13118

(i) "Income taxes withheld" means the total amount withheld	13119
and remitted under sections 5747.06 and 5747.07 of the Revised	13120
Code by an employer during the employer's taxable year.	13121

(ii) "Increase in income taxes withheld" means the amount by	13122
which the amount of income taxes withheld by an employer during	13123
the employer's current taxable year exceeds the amount of income	13124
taxes withheld by that employer during the employer's immediately	13125
preceding taxable year.	13126

(iii) "Qualifying section 179 depreciation expense" means the	13127
difference between (I) the amount of depreciation expense directly	13128
or indirectly allowed to a taxpayer under section 179 of the	13129
Internal Revised Code, and (II) the amount of depreciation expense	13130
directly or indirectly allowed to the taxpayer under section 179	13131
of the Internal Revenue Code as that section existed on December	13132
31, 2002.	13133

(21)(a) If the taxpayer was required to add an amount under	13134
division (A)(20)(a) of this section for a taxable year, deduct one	13135
of the following:	13136

(i) One-fifth of the amount so added for each of the five	13137
succeeding taxable years if the amount so added was five-sixths of	13138
qualifying section 179 depreciation expense or depreciation	13139
expense allowed by subsection (k) of section 168 of the Internal	13140
Revenue Code;	13141

(ii) One-half of the amount so added for each of the two	13142
succeeding taxable years if the amount so added was two-thirds of	13143
such depreciation expense;	13144

(iii) One-sixth of the amount so added for each of the six	13145
succeeding taxable years if the entire amount of such depreciation	13146
expense was so added.	13147

(b) If the amount deducted under division (A)(21)(a) of this	13148
section is attributable to an add-back allocated under division	13149
(A)(20)(c) of this section, the amount deducted shall be sitused	13150
to the same location. Otherwise, the add-back shall be apportioned	13151
using the apportionment factors for the taxable year in which the	13152
deduction is taken, subject to one or more of the four alternative	13153
methods of apportionment enumerated in section 5747.21 of the	13154
Revised Code.	13155

(c) No deduction is available under division (A)(21)(a) of	13156
this section with regard to any depreciation allowed by section	13157
168(k) of the Internal Revenue Code and by the qualifying section	13158
179 depreciation expense amount to the extent that such	13159
depreciation results in or increases a federal net operating loss	13160
carryback or carryforward. If no such deduction is available for a	13161
taxable year, the taxpayer may carry forward the amount not	13162
deducted in such taxable year to the next taxable year and add	13163
that amount to any deduction otherwise available under division	13164
(A)(21)(a) of this section for that next taxable year. The	13165
carryforward of amounts not so deducted shall continue until the	13166
entire addition required by division (A)(20)(a) of this section	13167
has been deducted.	13168

(d) No refund shall be allowed as a result of adjustments	13169
made by division (A)(21) of this section.	13170

(22) Deduct, to the extent not otherwise deducted or excluded	13171
in computing federal or Ohio adjusted gross income for the taxable	13172
year, the amount the taxpayer received during the taxable year as	13173
reimbursement for life insurance premiums under section 5919.31 of	13174
the Revised Code.	13175

(23) Deduct, to the extent not otherwise deducted or excluded	13176
in computing federal or Ohio adjusted gross income for the taxable	13177
year, the amount the taxpayer received during the taxable year as	13178
a death benefit paid by the adjutant general under section 5919.33	13179
of the Revised Code.	13180

(24) Deduct, to the extent included in federal adjusted gross	13181
income and not otherwise allowable as a deduction or exclusion in	13182
computing federal or Ohio adjusted gross income for the taxable	13183
year, military pay and allowances received by the taxpayer during	13184
the taxable year for active duty service in the United States	13185
army, air force, navy, marine corps, or coast guard or reserve	13186
components thereof or the national guard. The deduction may not be	13187
claimed for military pay and allowances received by the taxpayer	13188
while the taxpayer is stationed in this state.	13189

(25) Deduct, to the extent not otherwise allowable as a	13190
deduction or exclusion in computing federal or Ohio adjusted gross	13191
income for the taxable year and not otherwise compensated for by	13192
any other source, the amount of qualified organ donation expenses	13193
incurred by the taxpayer during the taxable year, not to exceed	13194
ten thousand dollars. A taxpayer may deduct qualified organ	13195
donation expenses only once for all taxable years beginning with	13196
taxable years beginning in 2007.	13197

For the purposes of division (A)(25) of this section:

13198

(a) "Human organ" means all or any portion of a human liver,	13199
pancreas, kidney, intestine, or lung, and any portion of human	13200
bone marrow.	13201

(b) "Qualified organ donation expenses" means travel	13202
expenses, lodging expenses, and wages and salary forgone by a	13203
taxpayer in connection with the taxpayer's donation, while living,	13204
of one or more of the taxpayer's human organs to another human	13205
being.	13206

(26) Deduct, to the extent not otherwise deducted or excluded	13207
in computing federal or Ohio adjusted gross income for the taxable	13208
year, amounts received by the taxpayer as retired military	13209
personnel pay for service in the United States army, navy, air	13210
force, coast guard, or marine corps or reserve components thereof,	13211
or the national guard, or received by the surviving spouse or	13212
former spouse of such a taxpayer under the survivor benefit plan	13213
on account of such a taxpayer's death. If the taxpayer receives	13214
income on account of retirement paid under the federal civil	13215
service retirement system or federal employees retirement system,	13216
or under any successor retirement program enacted by the congress	13217
of the United States that is established and maintained for	13218
retired employees of the United States government, and such	13219
retirement income is based, in whole or in part, on credit for the	13220
taxpayer's military service, the deduction allowed under this	13221
division shall include only that portion of such retirement income	13222
that is attributable to the taxpayer's military service, to the	13223
extent that portion of such retirement income is otherwise	13224
included in federal adjusted gross income and is not otherwise	13225
deducted under this section. Any amount deducted under division	13226
(A)(26) of this section is not included in a taxpayer's adjusted	13227
gross income for the purposes of section 5747.055 of the Revised	13228
Code. No amount may be deducted under division (A)(26) of this	13229
section on the basis of which a credit was claimed under section	13230
5747.055 of the Revised Code.	13231

(27) Deduct, to the extent not otherwise deducted or excluded	13232
in computing federal or Ohio adjusted gross income for the taxable	13233
year, the amount the taxpayer received during the taxable year	13234
from the military injury relief fund created in section 5101.98 of	13235
the Revised Code.	13236

(28) Deduct, to the extent not otherwise deducted or excluded	13237
in computing federal or Ohio adjusted gross income for the taxable	13238
year, the amount the taxpayer received as a veterans bonus during	13239
the taxable year from the Ohio department of veterans services as	13240
authorized by Section 2r of Article VIII, Ohio Constitution.	13241

(29) Deduct, to the extent not otherwise deducted or excluded	13242
in computing federal or Ohio adjusted gross income for the taxable	13243
year, any loss from wagering transactions that is allowed as an	13244
itemized deduction under section 165 of the Internal Revenue Code	13245
and that the taxpayer deducted in computing federal taxable	13246
income.	13247

(30) Deduct, to the extent not otherwise deducted or excluded	13248
in computing federal or Ohio adjusted gross income for the taxable	13249
year, any income ~~derived from providing public services under a~~	13250
~~contract through a project owned by the state, as described in~~	13251
~~section 126.604 of the Revised Code or~~ derived from a transfer	13252
agreement or from the enterprise transferred under that agreement	13253
under section 4313.02 of the Revised Code.	13254

(31) Deduct, to the extent not otherwise deducted or excluded	13255
in computing federal or Ohio adjusted gross income for the taxable	13256
year, Ohio college opportunity or federal Pell grant amounts	13257
received by the taxpayer or the taxpayer's spouse or dependent	13258
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	13259
1070a, et seq., and used to pay room or board furnished by the	13260
educational institution for which the grant was awarded at the	13261
institution's facilities, including meal plans administered by the	13262
institution. For the purposes of this division, receipt of a grant	13263
includes the distribution of a grant directly to an educational	13264
institution and the crediting of the grant to the enrollee's	13265
account with the institution.	13266

(B) "Business income" means income, including gain or loss,	13267
arising from transactions, activities, and sources in the regular	13268
course of a trade or business and includes income, gain, or loss	13269
from real property, tangible property, and intangible property if	13270
the acquisition, rental, management, and disposition of the	13271
property constitute integral parts of the regular course of a	13272
trade or business operation. "Business income" includes income,	13273
including gain or loss, from a partial or complete liquidation of	13274
a business, including, but not limited to, gain or loss from the	13275
sale or other disposition of goodwill.	13276

(C) "Nonbusiness income" means all income other than business	13277
income and may include, but is not limited to, compensation, rents	13278
and royalties from real or tangible personal property, capital	13279
gains, interest, dividends and distributions, patent or copyright	13280
royalties, or lottery winnings, prizes, and awards.	13281

(D) "Compensation" means any form of remuneration paid to an	13282
employee for personal services.	13283

(E) "Fiduciary" means a guardian, trustee, executor,	13284
administrator, receiver, conservator, or any other person acting	13285
in any fiduciary capacity for any individual, trust, or estate.	13286

(F) "Fiscal year" means an accounting period of twelve months	13287
ending on the last day of any month other than December.	13288

(G) "Individual" means any natural person.

13289

(H) "Internal Revenue Code" means the "Internal Revenue Code	13290
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	13291

(I) "Resident" means any of the following, provided that	13292
division (I)(3) of this section applies only to taxable years of a	13293
trust beginning in 2002 or thereafter:	13294

(1) An individual who is domiciled in this state, subject to	13295
section 5747.24 of the Revised Code;	13296

(2) The estate of a decedent who at the time of death was	13297
domiciled in this state. The domicile tests of section 5747.24 of	13298
the Revised Code are not controlling for purposes of division	13299
(I)(2) of this section.	13300

(3) A trust that, in whole or part, resides in this state. If	13301
only part of a trust resides in this state, the trust is a	13302
resident only with respect to that part.	13303

For the purposes of division (I)(3) of this section:

13304

(a) A trust resides in this state for the trust's current	13305
taxable year to the extent, as described in division (I)(3)(d) of	13306
this section, that the trust consists directly or indirectly, in	13307
whole or in part, of assets, net of any related liabilities, that	13308
were transferred, or caused to be transferred, directly or	13309
indirectly, to the trust by any of the following:	13310

(i) A person, a court, or a governmental entity or	13311
instrumentality on account of the death of a decedent, but only if	13312
the trust is described in division (I)(3)(e)(i) or (ii) of this	13313
section;	13314

(ii) A person who was domiciled in this state for the	13315
purposes of this chapter when the person directly or indirectly	13316
transferred assets to an irrevocable trust, but only if at least	13317
one of the trust's qualifying beneficiaries is domiciled in this	13318
state for the purposes of this chapter during all or some portion	13319
of the trust's current taxable year;	13320

(iii) A person who was domiciled in this state for the	13321
purposes of this chapter when the trust document or instrument or	13322
part of the trust document or instrument became irrevocable, but	13323
only if at least one of the trust's qualifying beneficiaries is a	13324
resident domiciled in this state for the purposes of this chapter	13325
during all or some portion of the trust's current taxable year. If	13326
a trust document or instrument became irrevocable upon the death	13327
of a person who at the time of death was domiciled in this state	13328
for purposes of this chapter, that person is a person described in	13329
division (I)(3)(a)(iii) of this section.	13330

(b) A trust is irrevocable to the extent that the transferor	13331
is not considered to be the owner of the net assets of the trust	13332
under sections 671 to 678 of the Internal Revenue Code.	13333

(c) With respect to a trust other than a charitable lead	13334
trust, "qualifying beneficiary" has the same meaning as "potential	13335
current beneficiary" as defined in section 1361(e)(2) of the	13336
Internal Revenue Code, and with respect to a charitable lead trust	13337
"qualifying beneficiary" is any current, future, or contingent	13338
beneficiary, but with respect to any trust "qualifying	13339
beneficiary" excludes a person or a governmental entity or	13340
instrumentality to any of which a contribution would qualify for	13341
the charitable deduction under section 170 of the Internal Revenue	13342
Code.	13343

(d) For the purposes of division (I)(3)(a) of this section,	13344
the extent to which a trust consists directly or indirectly, in	13345
whole or in part, of assets, net of any related liabilities, that	13346
were transferred directly or indirectly, in whole or part, to the	13347
trust by any of the sources enumerated in that division shall be	13348
ascertained by multiplying the fair market value of the trust's	13349
assets, net of related liabilities, by the qualifying ratio, which	13350
shall be computed as follows:	13351

(i) The first time the trust receives assets, the numerator	13352
of the qualifying ratio is the fair market value of those assets	13353
at that time, net of any related liabilities, from sources	13354
enumerated in division (I)(3)(a) of this section. The denominator	13355
of the qualifying ratio is the fair market value of all the	13356
trust's assets at that time, net of any related liabilities.	13357

(ii) Each subsequent time the trust receives assets, a	13358
revised qualifying ratio shall be computed. The numerator of the	13359
revised qualifying ratio is the sum of (1) the fair market value	13360
of the trust's assets immediately prior to the subsequent	13361
transfer, net of any related liabilities, multiplied by the	13362
qualifying ratio last computed without regard to the subsequent	13363
transfer, and (2) the fair market value of the subsequently	13364
transferred assets at the time transferred, net of any related	13365
liabilities, from sources enumerated in division (I)(3)(a) of this	13366
section. The denominator of the revised qualifying ratio is the	13367
fair market value of all the trust's assets immediately after the	13368
subsequent transfer, net of any related liabilities.	13369

(iii) Whether a transfer to the trust is by or from any of	13370
the sources enumerated in division (I)(3)(a) of this section shall	13371
be ascertained without regard to the domicile of the trust's	13372
beneficiaries.	13373

(e) For the purposes of division (I)(3)(a)(i) of this	13374
section:	13375

(i) A trust is described in division (I)(3)(e)(i) of this	13376
section if the trust is a testamentary trust and the testator of	13377
that testamentary trust was domiciled in this state at the time of	13378
the testator's death for purposes of the taxes levied under	13379
Chapter 5731. of the Revised Code.	13380

(ii) A trust is described in division (I)(3)(e)(ii) of this	13381
section if the transfer is a qualifying transfer described in any	13382
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	13383
irrevocable inter vivos trust, and at least one of the trust's	13384
qualifying beneficiaries is domiciled in this state for purposes	13385
of this chapter during all or some portion of the trust's current	13386
taxable year.	13387

(f) For the purposes of division (I)(3)(e)(ii) of this	13388
section, a "qualifying transfer" is a transfer of assets, net of	13389
any related liabilities, directly or indirectly to a trust, if the	13390
transfer is described in any of the following:	13391

(i) The transfer is made to a trust, created by the decedent	13392
before the decedent's death and while the decedent was domiciled	13393
in this state for the purposes of this chapter, and, prior to the	13394
death of the decedent, the trust became irrevocable while the	13395
decedent was domiciled in this state for the purposes of this	13396
chapter.	13397

(ii) The transfer is made to a trust to which the decedent,	13398
prior to the decedent's death, had directly or indirectly	13399
transferred assets, net of any related liabilities, while the	13400
decedent was domiciled in this state for the purposes of this	13401
chapter, and prior to the death of the decedent the trust became	13402
irrevocable while the decedent was domiciled in this state for the	13403
purposes of this chapter.	13404

(iii) The transfer is made on account of a contractual	13405
relationship existing directly or indirectly between the	13406
transferor and either the decedent or the estate of the decedent	13407
at any time prior to the date of the decedent's death, and the	13408
decedent was domiciled in this state at the time of death for	13409
purposes of the taxes levied under Chapter 5731. of the Revised	13410
Code.	13411

(iv) The transfer is made to a trust on account of a	13412
contractual relationship existing directly or indirectly between	13413
the transferor and another person who at the time of the	13414
decedent's death was domiciled in this state for purposes of this	13415
chapter.	13416

(v) The transfer is made to a trust on account of the will of	13417
a testator who was domiciled in this state at the time of the	13418
testator's death for purposes of the taxes levied under Chapter	13419
5731. of the Revised Code.	13420

(vi) The transfer is made to a trust created by or caused to	13421
be created by a court, and the trust was directly or indirectly	13422
created in connection with or as a result of the death of an	13423
individual who, for purposes of the taxes levied under Chapter	13424
5731. of the Revised Code, was domiciled in this state at the time	13425
of the individual's death.	13426

(g) The tax commissioner may adopt rules to ascertain the	13427
part of a trust residing in this state.	13428

(J) "Nonresident" means an individual or estate that is not a	13429
resident. An individual who is a resident for only part of a	13430
taxable year is a nonresident for the remainder of that taxable	13431
year.	13432

(K) "Pass-through entity" has the same meaning as in section	13433
5733.04 of the Revised Code.	13434

(L) "Return" means the notifications and reports required to	13435
be filed pursuant to this chapter for the purpose of reporting the	13436
tax due and includes declarations of estimated tax when so	13437
required.	13438

(M) "Taxable year" means the calendar year or the taxpayer's	13439
fiscal year ending during the calendar year, or fractional part	13440
thereof, upon which the adjusted gross income is calculated	13441
pursuant to this chapter.	13442

(N) "Taxpayer" means any person subject to the tax imposed by	13443
section 5747.02 of the Revised Code or any pass-through entity	13444
that makes the election under division (D) of section 5747.08 of	13445
the Revised Code.	13446

(O) "Dependents" means dependents as defined in the Internal	13447
Revenue Code and as claimed in the taxpayer's federal income tax	13448
return for the taxable year or which the taxpayer would have been	13449
permitted to claim had the taxpayer filed a federal income tax	13450
return.	13451

(P) "Principal county of employment" means, in the case of a	13452
nonresident, the county within the state in which a taxpayer	13453
performs services for an employer or, if those services are	13454
performed in more than one county, the county in which the major	13455
portion of the services are performed.	13456

(Q) As used in sections 5747.50 to 5747.55 of the Revised	13457
Code:	13458

(1) "Subdivision" means any county, municipal corporation,	13459
park district, or township.	13460

(2) "Essential local government purposes" includes all	13461
functions that any subdivision is required by general law to	13462
exercise, including like functions that are exercised under a	13463
charter adopted pursuant to the Ohio Constitution.	13464

(R) "Overpayment" means any amount already paid that exceeds	13465
the figure determined to be the correct amount of the tax.	13466

(S) "Taxable income" or "Ohio taxable income" applies only to	13467
estates and trusts, and means federal taxable income, as defined	13468
and used in the Internal Revenue Code, adjusted as follows:	13469

(1) Add interest or dividends, net of ordinary, necessary,	13470
and reasonable expenses not deducted in computing federal taxable	13471
income, on obligations or securities of any state or of any	13472
political subdivision or authority of any state, other than this	13473
state and its subdivisions and authorities, but only to the extent	13474
that such net amount is not otherwise includible in Ohio taxable	13475
income and is described in either division (S)(1)(a) or (b) of	13476
this section:	13477

(a) The net amount is not attributable to the S portion of an	13478
electing small business trust and has not been distributed to	13479
beneficiaries for the taxable year;	13480

(b) The net amount is attributable to the S portion of an	13481
electing small business trust for the taxable year.	13482

(2) Add interest or dividends, net of ordinary, necessary,	13483
and reasonable expenses not deducted in computing federal taxable	13484
income, on obligations of any authority, commission,	13485
instrumentality, territory, or possession of the United States to	13486
the extent that the interest or dividends are exempt from federal	13487
income taxes but not from state income taxes, but only to the	13488
extent that such net amount is not otherwise includible in Ohio	13489
taxable income and is described in either division (S)(1)(a) or	13490
(b) of this section;	13491

(3) Add the amount of personal exemption allowed to the	13492
estate pursuant to section 642(b) of the Internal Revenue Code;	13493

(4) Deduct interest or dividends, net of related expenses	13494
deducted in computing federal taxable income, on obligations of	13495
the United States and its territories and possessions or of any	13496
authority, commission, or instrumentality of the United States to	13497
the extent that the interest or dividends are exempt from state	13498
taxes under the laws of the United States, but only to the extent	13499
that such amount is included in federal taxable income and is	13500
described in either division (S)(1)(a) or (b) of this section;	13501

(5) Deduct the amount of wages and salaries, if any, not	13502
otherwise allowable as a deduction but that would have been	13503
allowable as a deduction in computing federal taxable income for	13504
the taxable year, had the targeted jobs credit allowed under	13505
sections 38, 51, and 52 of the Internal Revenue Code not been in	13506
effect, but only to the extent such amount relates either to	13507
income included in federal taxable income for the taxable year or	13508
to income of the S portion of an electing small business trust for	13509
the taxable year;	13510

(6) Deduct any interest or interest equivalent, net of	13511
related expenses deducted in computing federal taxable income, on	13512
public obligations and purchase obligations, but only to the	13513
extent that such net amount relates either to income included in	13514
federal taxable income for the taxable year or to income of the S	13515
portion of an electing small business trust for the taxable year;	13516

(7) Add any loss or deduct any gain resulting from sale,	13517
exchange, or other disposition of public obligations to the extent	13518
that such loss has been deducted or such gain has been included in	13519
computing either federal taxable income or income of the S portion	13520
of an electing small business trust for the taxable year;	13521

(8) Except in the case of the final return of an estate, add	13522
any amount deducted by the taxpayer on both its Ohio estate tax	13523
return pursuant to section 5731.14 of the Revised Code, and on its	13524
federal income tax return in determining federal taxable income;	13525

(9)(a) Deduct any amount included in federal taxable income	13526
solely because the amount represents a reimbursement or refund of	13527
expenses that in a previous year the decedent had deducted as an	13528
itemized deduction pursuant to section 63 of the Internal Revenue	13529
Code and applicable treasury regulations. The deduction otherwise	13530
allowed under division (S)(9)(a) of this section shall be reduced	13531
to the extent the reimbursement is attributable to an amount the	13532
taxpayer or decedent deducted under this section in any taxable	13533
year.	13534

(b) Add any amount not otherwise included in Ohio taxable	13535
income for any taxable year to the extent that the amount is	13536
attributable to the recovery during the taxable year of any amount	13537
deducted or excluded in computing federal or Ohio taxable income	13538
in any taxable year, but only to the extent such amount has not	13539
been distributed to beneficiaries for the taxable year.	13540

(10) Deduct any portion of the deduction described in section	13541
1341(a)(2) of the Internal Revenue Code, for repaying previously	13542
reported income received under a claim of right, that meets both	13543
of the following requirements:	13544

(a) It is allowable for repayment of an item that was	13545
included in the taxpayer's taxable income or the decedent's	13546
adjusted gross income for a prior taxable year and did not qualify	13547
for a credit under division (A) or (B) of section 5747.05 of the	13548
Revised Code for that year.	13549

(b) It does not otherwise reduce the taxpayer's taxable	13550
income or the decedent's adjusted gross income for the current or	13551
any other taxable year.	13552

(11) Add any amount claimed as a credit under section	13553
5747.059 or 5747.65 of the Revised Code to the extent that the	13554
amount satisfies either of the following:	13555

(a) The amount was deducted or excluded from the computation	13556
of the taxpayer's federal taxable income as required to be	13557
reported for the taxpayer's taxable year under the Internal	13558
Revenue Code;	13559

(b) The amount resulted in a reduction in the taxpayer's	13560
federal taxable income as required to be reported for any of the	13561
taxpayer's taxable years under the Internal Revenue Code.	13562

(12) Deduct any amount, net of related expenses deducted in	13563
computing federal taxable income, that a trust is required to	13564
report as farm income on its federal income tax return, but only	13565
if the assets of the trust include at least ten acres of land	13566
satisfying the definition of "land devoted exclusively to	13567
agricultural use" under section 5713.30 of the Revised Code,	13568
regardless of whether the land is valued for tax purposes as such	13569
land under sections 5713.30 to 5713.38 of the Revised Code. If the	13570
trust is a pass-through entity investor, section 5747.231 of the	13571
Revised Code applies in ascertaining if the trust is eligible to	13572
claim the deduction provided by division (S)(12) of this section	13573
in connection with the pass-through entity's farm income.	13574

Except for farm income attributable to the S portion of an	13575
electing small business trust, the deduction provided by division	13576
(S)(12) of this section is allowed only to the extent that the	13577
trust has not distributed such farm income. Division (S)(12) of	13578
this section applies only to taxable years of a trust beginning in	13579
2002 or thereafter.	13580

(13) Add the net amount of income described in section 641(c)	13581
of the Internal Revenue Code to the extent that amount is not	13582
included in federal taxable income.	13583

(14) Add or deduct the amount the taxpayer would be required	13584
to add or deduct under division (A)(20) or (21) of this section if	13585
the taxpayer's Ohio taxable income were computed in the same	13586
manner as an individual's Ohio adjusted gross income is computed	13587
under this section. In the case of a trust, division (S)(14) of	13588
this section applies only to any of the trust's taxable years	13589
beginning in 2002 or thereafter.	13590

(T) "School district income" and "school district income tax"	13591
have the same meanings as in section 5748.01 of the Revised Code.	13592

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	13593
of this section, "public obligations," "purchase obligations," and	13594
"interest or interest equivalent" have the same meanings as in	13595
section 5709.76 of the Revised Code.	13596

(V) "Limited liability company" means any limited liability	13597
company formed under Chapter 1705. of the Revised Code or under	13598
the laws of any other state.	13599

(W) "Pass-through entity investor" means any person who,	13600
during any portion of a taxable year of a pass-through entity, is	13601
a partner, member, shareholder, or equity investor in that	13602
pass-through entity.	13603

(X) "Banking day" has the same meaning as in section 1304.01	13604
of the Revised Code.	13605

(Y) "Month" means a calendar month.

13606

(Z) "Quarter" means the first three months, the second three	13607
months, the third three months, or the last three months of the	13608
taxpayer's taxable year.	13609

(AA)(1) "Eligible institution" means a state university or	13610
state institution of higher education as defined in section	13611
3345.011 of the Revised Code, or a private, nonprofit college,	13612
university, or other post-secondary institution located in this	13613
state that possesses a certificate of authorization issued by the	13614
Ohio board of regents pursuant to Chapter 1713. of the Revised	13615
Code or a certificate of registration issued by the state board of	13616
career colleges and schools under Chapter 3332. of the Revised	13617
Code.	13618

(2) "Qualified tuition and fees" means tuition and fees	13619
imposed by an eligible institution as a condition of enrollment or	13620
attendance, not exceeding two thousand five hundred dollars in	13621
each of the individual's first two years of post-secondary	13622
education. If the individual is a part-time student, "qualified	13623
tuition and fees" includes tuition and fees paid for the academic	13624
equivalent of the first two years of post-secondary education	13625
during a maximum of five taxable years, not exceeding a total of	13626
five thousand dollars. "Qualified tuition and fees" does not	13627
include:	13628

(a) Expenses for any course or activity involving sports,	13629
games, or hobbies unless the course or activity is part of the	13630
individual's degree or diploma program;	13631

(b) The cost of books, room and board, student activity fees,	13632
athletic fees, insurance expenses, or other expenses unrelated to	13633
the individual's academic course of instruction;	13634

(c) Tuition, fees, or other expenses paid or reimbursed	13635
through an employer, scholarship, grant in aid, or other	13636
educational benefit program.	13637

(BB)(1) "Modified business income" means the business income	13638
included in a trust's Ohio taxable income after such taxable	13639
income is first reduced by the qualifying trust amount, if any.	13640

(2) "Qualifying trust amount" of a trust means capital gains	13641
and losses from the sale, exchange, or other disposition of equity	13642
or ownership interests in, or debt obligations of, a qualifying	13643
investee to the extent included in the trust's Ohio taxable	13644
income, but only if the following requirements are satisfied:	13645

(a) The book value of the qualifying investee's physical	13646
assets in this state and everywhere, as of the last day of the	13647
qualifying investee's fiscal or calendar year ending immediately	13648
prior to the date on which the trust recognizes the gain or loss,	13649
is available to the trust.	13650

(b) The requirements of section 5747.011 of the Revised Code	13651
are satisfied for the trust's taxable year in which the trust	13652
recognizes the gain or loss.	13653

Any gain or loss that is not a qualifying trust amount is	13654
modified business income, qualifying investment income, or	13655
modified nonbusiness income, as the case may be.	13656

(3) "Modified nonbusiness income" means a trust's Ohio	13657
taxable income other than modified business income, other than the	13658
qualifying trust amount, and other than qualifying investment	13659
income, as defined in section 5747.012 of the Revised Code, to the	13660
extent such qualifying investment income is not otherwise part of	13661
modified business income.	13662

(4) "Modified Ohio taxable income" applies only to trusts,	13663
and means the sum of the amounts described in divisions (BB)(4)(a)	13664
to (c) of this section:	13665

(a) The fraction, calculated under section 5747.013, and	13666
applying section 5747.231 of the Revised Code, multiplied by the	13667
sum of the following amounts:	13668

(i) The trust's modified business income;

13669

(ii) The trust's qualifying investment income, as defined in	13670
section 5747.012 of the Revised Code, but only to the extent the	13671
qualifying investment income does not otherwise constitute	13672
modified business income and does not otherwise constitute a	13673
qualifying trust amount.	13674

(b) The qualifying trust amount multiplied by a fraction, the	13675
numerator of which is the sum of the book value of the qualifying	13676
investee's physical assets in this state on the last day of the	13677
qualifying investee's fiscal or calendar year ending immediately	13678
prior to the day on which the trust recognizes the qualifying	13679
trust amount, and the denominator of which is the sum of the book	13680
value of the qualifying investee's total physical assets	13681
everywhere on the last day of the qualifying investee's fiscal or	13682
calendar year ending immediately prior to the day on which the	13683
trust recognizes the qualifying trust amount. If, for a taxable	13684
year, the trust recognizes a qualifying trust amount with respect	13685
to more than one qualifying investee, the amount described in	13686
division (BB)(4)(b) of this section shall equal the sum of the	13687
products so computed for each such qualifying investee.	13688

(c)(i) With respect to a trust or portion of a trust that is	13689
a resident as ascertained in accordance with division (I)(3)(d) of	13690
this section, its modified nonbusiness income.	13691

(ii) With respect to a trust or portion of a trust that is	13692
not a resident as ascertained in accordance with division	13693
(I)(3)(d) of this section, the amount of its modified nonbusiness	13694
income satisfying the descriptions in divisions (B)(2) to (5) of	13695
section 5747.20 of the Revised Code, except as otherwise provided	13696
in division (BB)(4)(c)(ii) of this section. With respect to a	13697
trust or portion of a trust that is not a resident as ascertained	13698
in accordance with division (I)(3)(d) of this section, the trust's	13699
portion of modified nonbusiness income recognized from the sale,	13700
exchange, or other disposition of a debt interest in or equity	13701
interest in a section 5747.212 entity, as defined in section	13702
5747.212 of the Revised Code, without regard to division (A) of	13703
that section, shall not be allocated to this state in accordance	13704
with section 5747.20 of the Revised Code but shall be apportioned	13705
to this state in accordance with division (B) of section 5747.212	13706
of the Revised Code without regard to division (A) of that	13707
section.	13708

If the allocation and apportionment of a trust's income under	13709
divisions (BB)(4)(a) and (c) of this section do not fairly	13710
represent the modified Ohio taxable income of the trust in this	13711
state, the alternative methods described in division (C) of	13712
section 5747.21 of the Revised Code may be applied in the manner	13713
and to the same extent provided in that section.	13714

(5)(a) Except as set forth in division (BB)(5)(b) of this	13715
section, "qualifying investee" means a person in which a trust has	13716
an equity or ownership interest, or a person or unit of government	13717
the debt obligations of either of which are owned by a trust. For	13718
the purposes of division (BB)(2)(a) of this section and for the	13719
purpose of computing the fraction described in division (BB)(4)(b)	13720
of this section, all of the following apply:	13721

(i) If the qualifying investee is a member of a qualifying	13722
controlled group on the last day of the qualifying investee's	13723
fiscal or calendar year ending immediately prior to the date on	13724
which the trust recognizes the gain or loss, then "qualifying	13725
investee" includes all persons in the qualifying controlled group	13726
on such last day.	13727

(ii) If the qualifying investee, or if the qualifying	13728
investee and any members of the qualifying controlled group of	13729
which the qualifying investee is a member on the last day of the	13730
qualifying investee's fiscal or calendar year ending immediately	13731
prior to the date on which the trust recognizes the gain or loss,	13732
separately or cumulatively own, directly or indirectly, on the	13733
last day of the qualifying investee's fiscal or calendar year	13734
ending immediately prior to the date on which the trust recognizes	13735
the qualifying trust amount, more than fifty per cent of the	13736
equity of a pass-through entity, then the qualifying investee and	13737
the other members are deemed to own the proportionate share of the	13738
pass-through entity's physical assets which the pass-through	13739
entity directly or indirectly owns on the last day of the	13740
pass-through entity's calendar or fiscal year ending within or	13741
with the last day of the qualifying investee's fiscal or calendar	13742
year ending immediately prior to the date on which the trust	13743
recognizes the qualifying trust amount.	13744

(iii) For the purposes of division (BB)(5)(a)(iii) of this	13745
section, "upper level pass-through entity" means a pass-through	13746
entity directly or indirectly owning any equity of another	13747
pass-through entity, and "lower level pass-through entity" means	13748
that other pass-through entity.	13749

An upper level pass-through entity, whether or not it is also	13750
a qualifying investee, is deemed to own, on the last day of the	13751
upper level pass-through entity's calendar or fiscal year, the	13752
proportionate share of the lower level pass-through entity's	13753
physical assets that the lower level pass-through entity directly	13754
or indirectly owns on the last day of the lower level pass-through	13755
entity's calendar or fiscal year ending within or with the last	13756
day of the upper level pass-through entity's fiscal or calendar	13757
year. If the upper level pass-through entity directly and	13758
indirectly owns less than fifty per cent of the equity of the	13759
lower level pass-through entity on each day of the upper level	13760
pass-through entity's calendar or fiscal year in which or with	13761
which ends the calendar or fiscal year of the lower level	13762
pass-through entity and if, based upon clear and convincing	13763
evidence, complete information about the location and cost of the	13764
physical assets of the lower pass-through entity is not available	13765
to the upper level pass-through entity, then solely for purposes	13766
of ascertaining if a gain or loss constitutes a qualifying trust	13767
amount, the upper level pass-through entity shall be deemed as	13768
owning no equity of the lower level pass-through entity for each	13769
day during the upper level pass-through entity's calendar or	13770
fiscal year in which or with which ends the lower level	13771
pass-through entity's calendar or fiscal year. Nothing in division	13772
(BB)(5)(a)(iii) of this section shall be construed to provide for	13773
any deduction or exclusion in computing any trust's Ohio taxable	13774
income.	13775

(b) With respect to a trust that is not a resident for the	13776
taxable year and with respect to a part of a trust that is not a	13777
resident for the taxable year, "qualifying investee" for that	13778
taxable year does not include a C corporation if both of the	13779
following apply:	13780

(i) During the taxable year the trust or part of the trust	13781
recognizes a gain or loss from the sale, exchange, or other	13782
disposition of equity or ownership interests in, or debt	13783
obligations of, the C corporation.	13784

(ii) Such gain or loss constitutes nonbusiness income.

13785

(6) "Available" means information is such that a person is	13786
able to learn of the information by the due date plus extensions,	13787
if any, for filing the return for the taxable year in which the	13788
trust recognizes the gain or loss.	13789

(CC) "Qualifying controlled group" has the same meaning as in	13790
section 5733.04 of the Revised Code.	13791

(DD) "Related member" has the same meaning as in section	13792
5733.042 of the Revised Code.	13793

(EE)(1) For the purposes of division (EE) of this section:

13794

(a) "Qualifying person" means any person other than a	13795
qualifying corporation.	13796

(b) "Qualifying corporation" means any person classified for	13797
federal income tax purposes as an association taxable as a	13798
corporation, except either of the following:	13799

(i) A corporation that has made an election under subchapter	13800
S, chapter one, subtitle A, of the Internal Revenue Code for its	13801
taxable year ending within, or on the last day of, the investor's	13802
taxable year;	13803

(ii) A subsidiary that is wholly owned by any corporation	13804
that has made an election under subchapter S, chapter one,	13805
subtitle A of the Internal Revenue Code for its taxable year	13806
ending within, or on the last day of, the investor's taxable year.	13807

(2) For the purposes of this chapter, unless expressly stated	13808
otherwise, no qualifying person indirectly owns any asset directly	13809
or indirectly owned by any qualifying corporation.	13810

(FF) For purposes of this chapter and Chapter 5751. of the	13811
Revised Code:	13812

(1) "Trust" does not include a qualified pre-income tax	13813
trust.	13814

(2) A "qualified pre-income tax trust" is any pre-income tax	13815
trust that makes a qualifying pre-income tax trust election as	13816
described in division (FF)(3) of this section.	13817

(3) A "qualifying pre-income tax trust election" is an	13818
election by a pre-income tax trust to subject to the tax imposed	13819
by section 5751.02 of the Revised Code the pre-income tax trust	13820
and all pass-through entities of which the trust owns or controls,	13821
directly, indirectly, or constructively through related interests,	13822
five per cent or more of the ownership or equity interests. The	13823
trustee shall notify the tax commissioner in writing of the	13824
election on or before April 15, 2006. The election, if timely	13825
made, shall be effective on and after January 1, 2006, and shall	13826
apply for all tax periods and tax years until revoked by the	13827
trustee of the trust.	13828

(4) A "pre-income tax trust" is a trust that satisfies all of	13829
the following requirements:	13830

(a) The document or instrument creating the trust was	13831
executed by the grantor before January 1, 1972;	13832

(b) The trust became irrevocable upon the creation of the	13833
trust; and	13834

(c) The grantor was domiciled in this state at the time the	13835
trust was created.	13836

Sec. 5751.01. As used in this chapter:

13837

(A) "Person" means, but is not limited to, individuals,	13838
combinations of individuals of any form, receivers, assignees,	13839
trustees in bankruptcy, firms, companies, joint-stock companies,	13840
business trusts, estates, partnerships, limited liability	13841
partnerships, limited liability companies, associations, joint	13842
ventures, clubs, societies, for-profit corporations, S	13843
corporations, qualified subchapter S subsidiaries, qualified	13844
subchapter S trusts, trusts, entities that are disregarded for	13845
federal income tax purposes, and any other entities.	13846

(B) "Consolidated elected taxpayer" means a group of two or	13847
more persons treated as a single taxpayer for purposes of this	13848
chapter as the result of an election made under section 5751.011	13849
of the Revised Code.	13850

(C) "Combined taxpayer" means a group of two or more persons	13851
treated as a single taxpayer for purposes of this chapter under	13852
section 5751.012 of the Revised Code.	13853

(D) "Taxpayer" means any person, or any group of persons in	13854
the case of a consolidated elected taxpayer or combined taxpayer	13855
treated as one taxpayer, required to register or pay tax under	13856
this chapter. "Taxpayer" does not include excluded persons.	13857

(E) "Excluded person" means any of the following:

13858

(1) Any person with not more than one hundred fifty thousand	13859
dollars of taxable gross receipts during the calendar year.	13860
Division (E)(1) of this section does not apply to a person that is	13861
a member of a consolidated elected taxpayer;	13862

(2) A public utility that paid the excise tax imposed by	13863
section 5727.24 or 5727.30 of the Revised Code based on one or	13864
more measurement periods that include the entire tax period under	13865
this chapter, except that a public utility that is a combined	13866
company is a taxpayer with regard to the following gross receipts:	13867

(a) Taxable gross receipts directly attributed to a public	13868
utility activity, but not directly attributed to an activity that	13869
is subject to the excise tax imposed by section 5727.24 or 5727.30	13870
of the Revised Code;	13871

(b) Taxable gross receipts that cannot be directly attributed	13872
to any activity, multiplied by a fraction whose numerator is the	13873
taxable gross receipts described in division (E)(2)(a) of this	13874
section and whose denominator is the total taxable gross receipts	13875
that can be directly attributed to any activity;	13876

(c) Except for any differences resulting from the use of an	13877
accrual basis method of accounting for purposes of determining	13878
gross receipts under this chapter and the use of the cash basis	13879
method of accounting for purposes of determining gross receipts	13880
under section 5727.24 of the Revised Code, the gross receipts	13881
directly attributed to the activity of a natural gas company shall	13882
be determined in a manner consistent with division (D) of section	13883
5727.03 of the Revised Code.	13884

As used in division (E)(2) of this section, "combined	13885
company" and "public utility" have the same meanings as in section	13886
5727.01 of the Revised Code.	13887

(3) A financial institution, as defined in section 5726.01 of	13888
the Revised Code, that paid the tax imposed by section 5726.02 of	13889
the Revised Code based on one or more taxable years that include	13890
the entire tax period under this chapter;	13891

(4) A person directly or indirectly owned by one or more	13892
financial institutions, as defined in section 5726.01 of the	13893
Revised Code, that paid the tax imposed by section 5726.02 of the	13894
Revised Code based on one or more taxable years that include the	13895
entire tax period under this chapter.	13896

For the purposes of division (E)(4) of this section, a person	13897
owns another person under the following circumstances:	13898

(a) In the case of corporations issuing capital stock, one	13899
corporation owns another corporation if it owns fifty per cent or	13900
more of the other corporation's capital stock with current voting	13901
rights;	13902

(b) In the case of a limited liability company, one person	13903
owns the company if that person's membership interest, as defined	13904
in section 1705.01 of the Revised Code, is fifty per cent or more	13905
of the combined membership interests of all persons owning such	13906
interests in the company;	13907

(c) In the case of a partnership, trust, or other	13908
unincorporated business organization other than a limited	13909
liability company, one person owns the organization if, under the	13910
articles of organization or other instrument governing the affairs	13911
of the organization, that person has a beneficial interest in the	13912
organization's profits, surpluses, losses, or distributions of	13913
fifty per cent or more of the combined beneficial interests of all	13914
persons having such an interest in the organization.	13915

(5) A domestic insurance company or foreign insurance	13916
company, as defined in section 5725.01 of the Revised Code, that	13917
paid the insurance company premiums tax imposed by section 5725.18	13918
or Chapter 5729. of the Revised Code, or an unauthorized insurance	13919
company whose gross premiums are subject to tax under section	13920
3905.36 of the Revised Code based on one or more measurement	13921
periods that include the entire tax period under this chapter;	13922

(6) A person that solely facilitates or services one or more	13923
securitizations of phase-in-recovery property pursuant to a final	13924
financing order as those terms are defined in section 4928.23 of	13925
the Revised Code. For purposes of this division, "securitization"	13926
means transferring one or more assets to one or more persons and	13927
then issuing securities backed by the right to receive payment	13928
from the asset or assets so transferred.	13929

(7) Except as otherwise provided in this division, a	13930
pre-income tax trust as defined in division (FF)(4) of section	13931
5747.01 of the Revised Code and any pass-through entity of which	13932
such pre-income tax trust owns or controls, directly, indirectly,	13933
or constructively through related interests, more than five per	13934
cent of the ownership or equity interests. If the pre-income tax	13935
trust has made a qualifying pre-income tax trust election under	13936
division (FF)(3) of section 5747.01 of the Revised Code, then the	13937
trust and the pass-through entities of which it owns or controls,	13938
directly, indirectly, or constructively through related interests,	13939
more than five per cent of the ownership or equity interests,	13940
shall not be excluded persons for purposes of the tax imposed	13941
under section 5751.02 of the Revised Code.	13942

(8) Nonprofit organizations or the state and its agencies,	13943
instrumentalities, or political subdivisions.	13944

(F) Except as otherwise provided in divisions (F)(2), (3),	13945
and (4) of this section, "gross receipts" means the total amount	13946
realized by a person, without deduction for the cost of goods sold	13947
or other expenses incurred, that contributes to the production of	13948
gross income of the person, including the fair market value of any	13949
property and any services received, and any debt transferred or	13950
forgiven as consideration.	13951

(1) The following are examples of gross receipts:

13952

(a) Amounts realized from the sale, exchange, or other	13953
disposition of the taxpayer's property to or with another;	13954

(b) Amounts realized from the taxpayer's performance of	13955
services for another;	13956

(c) Amounts realized from another's use or possession of the	13957
taxpayer's property or capital;	13958

(d) Any combination of the foregoing amounts.

13959

(2) "Gross receipts" excludes the following amounts:

13960

(a) Interest income except interest on credit sales;

13961

(b) Dividends and distributions from corporations, and	13962
distributive or proportionate shares of receipts and income from a	13963
pass-through entity as defined under section 5733.04 of the	13964
Revised Code;	13965

(c) Receipts from the sale, exchange, or other disposition of	13966
an asset described in section 1221 or 1231 of the Internal Revenue	13967
Code, without regard to the length of time the person held the	13968
asset. Notwithstanding section 1221 of the Internal Revenue Code,	13969
receipts from hedging transactions also are excluded to the extent	13970
the transactions are entered into primarily to protect a financial	13971
position, such as managing the risk of exposure to (i) foreign	13972
currency fluctuations that affect assets, liabilities, profits,	13973
losses, equity, or investments in foreign operations; (ii)	13974
interest rate fluctuations; or (iii) commodity price fluctuations.	13975
As used in division (F)(2)(c) of this section, "hedging	13976
transaction" has the same meaning as used in section 1221 of the	13977
Internal Revenue Code and also includes transactions accorded	13978
hedge accounting treatment under statement of financial accounting	13979
standards number 133 of the financial accounting standards board.	13980
For the purposes of division (F)(2)(c) of this section, the actual	13981
transfer of title of real or tangible personal property to another	13982
entity is not a hedging transaction.	13983

(d) Proceeds received attributable to the repayment,	13984
maturity, or redemption of the principal of a loan, bond, mutual	13985
fund, certificate of deposit, or marketable instrument;	13986

(e) The principal amount received under a repurchase	13987
agreement or on account of any transaction properly characterized	13988
as a loan to the person;	13989

(f) Contributions received by a trust, plan, or other	13990
arrangement, any of which is described in section 501(a) of the	13991
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	13992
1, Subchapter (D) of the Internal Revenue Code applies;	13993

(g) Compensation, whether current or deferred, and whether in	13994
cash or in kind, received or to be received by an employee, former	13995
employee, or the employee's legal successor for services rendered	13996
to or for an employer, including reimbursements received by or for	13997
an individual for medical or education expenses, health insurance	13998
premiums, or employee expenses, or on account of a dependent care	13999
spending account, legal services plan, any cafeteria plan	14000
described in section 125 of the Internal Revenue Code, or any	14001
similar employee reimbursement;	14002

(h) Proceeds received from the issuance of the taxpayer's own	14003
stock, options, warrants, puts, or calls, or from the sale of the	14004
taxpayer's treasury stock;	14005

(i) Proceeds received on the account of payments from	14006
insurance policies, except those proceeds received for the loss of	14007
business revenue;	14008

(j) Gifts or charitable contributions received; membership	14009
dues received by trade, professional, homeowners', or condominium	14010
associations; and payments received for educational courses,	14011
meetings, meals, or similar payments to a trade, professional, or	14012
other similar association; and fundraising receipts received by	14013
any person when any excess receipts are donated or used	14014
exclusively for charitable purposes;	14015

(k) Damages received as the result of litigation in excess of	14016
amounts that, if received without litigation, would be gross	14017
receipts;	14018

(l) Property, money, and other amounts received or acquired	14019
by an agent on behalf of another in excess of the agent's	14020
commission, fee, or other remuneration;	14021

(m) Tax refunds, other tax benefit recoveries, and	14022
reimbursements for the tax imposed under this chapter made by	14023
entities that are part of the same combined taxpayer or	14024
consolidated elected taxpayer group, and reimbursements made by	14025
entities that are not members of a combined taxpayer or	14026
consolidated elected taxpayer group that are required to be made	14027
for economic parity among multiple owners of an entity whose tax	14028
obligation under this chapter is required to be reported and paid	14029
entirely by one owner, pursuant to the requirements of sections	14030
5751.011 and 5751.012 of the Revised Code;	14031

(n) Pension reversions;

14032

(o) Contributions to capital;

14033

(p) Sales or use taxes collected as a vendor or an	14034
out-of-state seller on behalf of the taxing jurisdiction from a	14035
consumer or other taxes the taxpayer is required by law to collect	14036
directly from a purchaser and remit to a local, state, or federal	14037
tax authority;	14038

(q) In the case of receipts from the sale of cigarettes or	14039
tobacco products by a wholesale dealer, retail dealer,	14040
distributor, manufacturer, or seller, all as defined in section	14041
5743.01 of the Revised Code, an amount equal to the federal and	14042
state excise taxes paid by any person on or for such cigarettes or	14043
tobacco products under subtitle E of the Internal Revenue Code or	14044
Chapter 5743. of the Revised Code;	14045

(r) In the case of receipts from the sale of motor fuel by a	14046
licensed motor fuel dealer, licensed retail dealer, or licensed	14047
permissive motor fuel dealer, all as defined in section 5735.01 of	14048
the Revised Code, an amount equal to federal and state excise	14049
taxes paid by any person on such motor fuel under section 4081 of	14050
the Internal Revenue Code or Chapter 5735. of the Revised Code;	14051

(s) In the case of receipts from the sale of beer or	14052
intoxicating liquor, as defined in section 4301.01 of the Revised	14053
Code, by a person holding a permit issued under Chapter 4301. or	14054
4303. of the Revised Code, an amount equal to federal and state	14055
excise taxes paid by any person on or for such beer or	14056
intoxicating liquor under subtitle E of the Internal Revenue Code	14057
or Chapter 4301. or 4305. of the Revised Code;	14058

(t) Receipts realized by a new motor vehicle dealer or used	14059
motor vehicle dealer, as defined in section 4517.01 of the Revised	14060
Code, from the sale or other transfer of a motor vehicle, as	14061
defined in that section, to another motor vehicle dealer for the	14062
purpose of resale by the transferee motor vehicle dealer, but only	14063
if the sale or other transfer was based upon the transferee's need	14064
to meet a specific customer's preference for a motor vehicle;	14065

(u) Receipts from a financial institution described in	14066
division (E)(3) of this section for services provided to the	14067
financial institution in connection with the issuance, processing,	14068
servicing, and management of loans or credit accounts, if such	14069
financial institution and the recipient of such receipts have at	14070
least fifty per cent of their ownership interests owned or	14071
controlled, directly or constructively through related interests,	14072
by common owners;	14073

(v) Receipts realized from administering anti-neoplastic	14074
drugs and other cancer chemotherapy, biologicals, therapeutic	14075
agents, and supportive drugs in a physician's office to patients	14076
with cancer;	14077

(w) Funds received or used by a mortgage broker that is not a	14078
dealer in intangibles, other than fees or other consideration,	14079
pursuant to a table-funding mortgage loan or warehouse-lending	14080
mortgage loan. Terms used in division (F)(2)(w) of this section	14081
have the same meanings as in section 1322.01 of the Revised Code,	14082
except "mortgage broker" means a person assisting a buyer in	14083
obtaining a mortgage loan for a fee or other consideration paid by	14084
the buyer or a lender, or a person engaged in table-funding or	14085
warehouse-lending mortgage loans that are first lien mortgage	14086
loans.	14087

(x) Property, money, and other amounts received by a	14088
professional employer organization, as defined in section 4125.01	14089
of the Revised Code, from a client employer, as defined in that	14090
section, in excess of the administrative fee charged by the	14091
professional employer organization to the client employer;	14092

(y) In the case of amounts retained as commissions by a	14093
permit holder under Chapter 3769. of the Revised Code, an amount	14094
equal to the amounts specified under that chapter that must be	14095
paid to or collected by the tax commissioner as a tax and the	14096
amounts specified under that chapter to be used as purse money;	14097

(z) Qualifying distribution center receipts.

14098

(i) For purposes of division (F)(2)(z) of this section:

14099

(I) "Qualifying distribution center receipts" means receipts	14100
of a supplier from qualified property that is delivered to a	14101
qualified distribution center, multiplied by a quantity that	14102
equals one minus the Ohio delivery percentage. If the qualified	14103
distribution center is a refining facility, "supplier" includes	14104
all dealers, brokers, processors, sellers, vendors, cosigners, and	14105
distributors of qualified property.	14106

(II) "Qualified property" means tangible personal property	14107
delivered to a qualified distribution center that is shipped to	14108
that qualified distribution center solely for further shipping by	14109
the qualified distribution center to another location in this	14110
state or elsewhere or, in the case of gold, silver, platinum, or	14111
palladium delivered to a refining facility solely for refining to	14112
a grade and fineness acceptable for delivery to a registered	14113
commodities exchange. "Further shipping" includes storing and	14114
repackaging property into smaller or larger bundles, so long as	14115
the property is not subject to further manufacturing or	14116
processing. "Refining" is limited to extracting impurities from	14117
gold, silver, platinum, or palladium through smelting or some	14118
other process at a refining facility.	14119

(III) "Qualified distribution center" means a warehouse, a	14120
facility similar to a warehouse, or a refining facility in this	14121
state that, for the qualifying year, is operated by a person that	14122
is not part of a combined taxpayer group and that has a qualifying	14123
certificate. All warehouses or facilities similar to warehouses	14124
that are operated by persons in the same taxpayer group and that	14125
are located within one mile of each other shall be treated as one	14126
qualified distribution center. All refining facilities that are	14127
operated by persons in the same taxpayer group and that are	14128
located in the same or adjacent counties may be treated as one	14129
qualified distribution center.	14130

(IV) "Qualifying year" means the calendar year to which the	14131
qualifying certificate applies.	14132

(V) "Qualifying period" means the period of the first day of	14133
July of the second year preceding the qualifying year through the	14134
thirtieth day of June of the year preceding the qualifying year.	14135

(VI) "Qualifying certificate" means the certificate issued by	14136
the tax commissioner after the operator of a distribution center	14137
files an annual application with the commissioner. The application	14138
and annual fee shall be filed and paid for each qualified	14139
distribution center on or before the first day of September before	14140
the qualifying year or within forty-five days after the	14141
distribution center opens, whichever is later.	14142

The applicant must substantiate to the commissioner's	14143
satisfaction that, for the qualifying period, all persons	14144
operating the distribution center have more than fifty per cent of	14145
the cost of the qualified property shipped to a location such that	14146
it would be sitused outside this state under the provisions of	14147
division (E) of section 5751.033 of the Revised Code. The	14148
applicant must also substantiate that the distribution center	14149
cumulatively had costs from its suppliers equal to or exceeding	14150
five hundred million dollars during the qualifying period. (For	14151
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	14152
excludes any person that is part of the consolidated elected	14153
taxpayer group, if applicable, of the operator of the qualified	14154
distribution center.) The commissioner may require the applicant	14155
to have an independent certified public accountant certify that	14156
the calculation of the minimum thresholds required for a qualified	14157
distribution center by the operator of a distribution center has	14158
been made in accordance with generally accepted accounting	14159
principles. The commissioner shall issue or deny the issuance of a	14160
certificate within sixty days after the receipt of the	14161
application. A denial is subject to appeal under section 5717.02	14162
of the Revised Code. If the operator files a timely appeal under	14163
section 5717.02 of the Revised Code, the operator shall be granted	14164
a qualifying certificate, provided that the operator is liable for	14165
any tax, interest, or penalty upon amounts claimed as qualifying	14166
distribution center receipts, other than those receipts exempt	14167
under division (C)(1) of section 5751.011 of the Revised Code,	14168
that would have otherwise not been owed by its suppliers if the	14169
qualifying certificate was valid.	14170

(VII) "Ohio delivery percentage" means the proportion of the	14171
total property delivered to a destination inside Ohio from the	14172
qualified distribution center during the qualifying period	14173
compared with total deliveries from such distribution center	14174
everywhere during the qualifying period.	14175

(VIII) "Refining facility" means one or more buildings	14176
located in a county in the Appalachian region of this state as	14177
defined by section 107.21 of the Revised Code and utilized for	14178
refining or smelting gold, silver, platinum, or palladium to a	14179
grade and fineness acceptable for delivery to a registered	14180
commodities exchange.	14181

(IX) "Registered commodities exchange" means a board of	14182
trade, such as New York mercantile exchange, inc. or commodity	14183
exchange, inc., designated as a contract market by the commodity	14184
futures trading commission under the "Commodity Exchange Act," 7	14185
U.S.C. 1 et seq., as amended.	14186

(ii) If the distribution center is new and was not open for	14187
the entire qualifying period, the operator of the distribution	14188
center may request that the commissioner grant a qualifying	14189
certificate. If the certificate is granted and it is later	14190
determined that more than fifty per cent of the qualified property	14191
during that year was not shipped to a location such that it would	14192
be sitused outside of this state under the provisions of division	14193
(E) of section 5751.033 of the Revised Code or if it is later	14194
determined that the person that operates the distribution center	14195
had average monthly costs from its suppliers of less than forty	14196
million dollars during that year, then the operator of the	14197
distribution center shall be liable for any tax, interest, or	14198
penalty upon amounts claimed as qualifying distribution center	14199
receipts, other than those receipts exempt under division (C)(1)	14200
of section 5751.011 of the Revised Code, that would have not	14201
otherwise been owed by its suppliers during the qualifying year if	14202
the qualifying certificate was valid. (For purposes of division	14203
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	14204
is part of the consolidated elected taxpayer group, if applicable,	14205
of the operator of the qualified distribution center.)	14206

(iii) When filing an application for a qualifying certificate	14207
under division (F)(2)(z)(i)(VI) of this section, the operator of a	14208
qualified distribution center also shall provide documentation, as	14209
the commissioner requires, for the commissioner to ascertain the	14210
Ohio delivery percentage. The commissioner, upon issuing the	14211
qualifying certificate, also shall certify the Ohio delivery	14212
percentage. The operator of the qualified distribution center may	14213
appeal the commissioner's certification of the Ohio delivery	14214
percentage in the same manner as an appeal is taken from the	14215
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	14216
of this section.	14217

Within thirty days after all appeals have been exhausted, the	14218
operator of the qualified distribution center shall notify the	14219
affected suppliers of qualified property that such suppliers are	14220
required to file, within sixty days after receiving notice from	14221
the operator of the qualified distribution center, amended reports	14222
for the impacted calendar quarter or quarters or calendar year,	14223
whichever the case may be. Any additional tax liability or tax	14224
overpayment shall be subject to interest but shall not be subject	14225
to the imposition of any penalty so long as the amended returns	14226
are timely filed. The supplier of tangible personal property	14227
delivered to the qualified distribution center shall include in	14228
its report of taxable gross receipts the receipts from the total	14229
sales of property delivered to the qualified distribution center	14230
for the calendar quarter or calendar year, whichever the case may	14231
be, multiplied by the Ohio delivery percentage for the qualifying	14232
year. Nothing in division (F)(2)(z)(iii) of this section shall be	14233
construed as imposing liability on the operator of a qualified	14234
distribution center for the tax imposed by this chapter arising	14235
from any change to the Ohio delivery percentage.	14236

(iv) In the case where the distribution center is new and not	14237
open for the entire qualifying period, the operator shall make a	14238
good faith estimate of an Ohio delivery percentage for use by	14239
suppliers in their reports of taxable gross receipts for the	14240
remainder of the qualifying period. The operator of the facility	14241
shall disclose to the suppliers that such Ohio delivery percentage	14242
is an estimate and is subject to recalculation. By the due date of	14243
the next application for a qualifying certificate, the operator	14244
shall determine the actual Ohio delivery percentage for the	14245
estimated qualifying period and proceed as provided in division	14246
(F)(2)(z)(iii) of this section with respect to the calculation and	14247
recalculation of the Ohio delivery percentage. The supplier is	14248
required to file, within sixty days after receiving notice from	14249
the operator of the qualified distribution center, amended reports	14250
for the impacted calendar quarter or quarters or calendar year,	14251
whichever the case may be. Any additional tax liability or tax	14252
overpayment shall be subject to interest but shall not be subject	14253
to the imposition of any penalty so long as the amended returns	14254
are timely filed.	14255

(v) Qualifying certificates and Ohio delivery percentages	14256
issued by the commissioner shall be open to public inspection and	14257
shall be timely published by the commissioner. A supplier relying	14258
in good faith on a certificate issued under this division shall	14259
not be subject to tax on the qualifying distribution center	14260
receipts under division (F)(2)(z) of this section. A person	14261
receiving a qualifying certificate is responsible for paying the	14262
tax, interest, and penalty upon amounts claimed as qualifying	14263
distribution center receipts that would not otherwise have been	14264
owed by the supplier if the qualifying certificate were available	14265
when it is later determined that the qualifying certificate should	14266
not have been issued because the statutory requirements were in	14267
fact not met.	14268

(vi) The annual fee for a qualifying certificate shall be one	14269
hundred thousand dollars for each qualified distribution center.	14270
If a qualifying certificate is not issued, the annual fee is	14271
subject to refund after the exhaustion of all appeals provided for	14272
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	14273
under this division may be assessed in the same manner as the tax	14274
imposed under this chapter. The first one hundred thousand dollars	14275
of the annual application fees collected each calendar year shall	14276
be credited to the revenue enhancement fund. The remainder of the	14277
annual application fees collected shall be distributed in the same	14278
manner required under section 5751.20 of the Revised Code.	14279

(vii) The tax commissioner may require that adequate security	14280
be posted by the operator of the distribution center on appeal	14281
when the commissioner disagrees that the applicant has met the	14282
minimum thresholds for a qualified distribution center as set	14283
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	14284
section.	14285

(aa) Receipts of an employer from payroll deductions relating	14286
to the reimbursement of the employer for advancing moneys to an	14287
unrelated third party on an employee's behalf;	14288

(bb) Cash discounts allowed and taken;

14289

(cc) Returns and allowances;

14290

(dd) Bad debts from receipts on the basis of which the tax	14291
imposed by this chapter was paid in a prior quarterly tax payment	14292
period. For the purpose of this division, "bad debts" means any	14293
debts that have become worthless or uncollectible between the	14294
preceding and current quarterly tax payment periods, have been	14295
uncollected for at least six months, and that may be claimed as a	14296
deduction under section 166 of the Internal Revenue Code and the	14297
regulations adopted under that section, or that could be claimed	14298
as such if the taxpayer kept its accounts on the accrual basis.	14299
"Bad debts" does not include repossessed property, uncollectible	14300
amounts on property that remains in the possession of the taxpayer	14301
until the full purchase price is paid, or expenses in attempting	14302
to collect any account receivable or for any portion of the debt	14303
recovered;	14304

(ee) Any amount realized from the sale of an account	14305
receivable to the extent the receipts from the underlying	14306
transaction giving rise to the account receivable were included in	14307
the gross receipts of the taxpayer;	14308

(ff) Any receipts directly attributed ~~to providing public~~	14309
~~services pursuant to sections 126.60 to 126.605 of the Revised~~	14310
~~Code, or any receipts directly attributed~~ to a transfer agreement	14311
or to the enterprise transferred under that agreement under	14312
section 4313.02 of the Revised Code.	14313

(gg)(i) As used in this division:

14314

(I) "Qualified uranium receipts" means receipts from the	14315
sale, exchange, lease, loan, production, processing, or other	14316
disposition of uranium within a uranium enrichment zone certified	14317
by the tax commissioner under division (F)(2)(gg)(ii) of this	14318
section. "Qualified uranium receipts" does not include any	14319
receipts with a situs in this state outside a uranium enrichment	14320
zone certified by the tax commissioner under division	14321
(F)(2)(gg)(ii) of this section.	14322

(II) "Uranium enrichment zone" means all real property that	14323
is part of a uranium enrichment facility licensed by the United	14324
States nuclear regulatory commission and that was or is owned or	14325
controlled by the United States department of energy or its	14326
successor.	14327

(ii) Any person that owns, leases, or operates real or	14328
tangible personal property constituting or located within a	14329
uranium enrichment zone may apply to the tax commissioner to have	14330
the uranium enrichment zone certified for the purpose of excluding	14331
qualified uranium receipts under division (F)(2)(gg) of this	14332
section. The application shall include such information that the	14333
tax commissioner prescribes. Within sixty days after receiving the	14334
application, the tax commissioner shall certify the zone for that	14335
purpose if the commissioner determines that the property qualifies	14336
as a uranium enrichment zone as defined in division (F)(2)(gg) of	14337
this section, or, if the tax commissioner determines that the	14338
property does not qualify, the commissioner shall deny the	14339
application or request additional information from the applicant.	14340
If the tax commissioner denies an application, the commissioner	14341
shall state the reasons for the denial. The applicant may appeal	14342
the denial of an application to the board of tax appeals pursuant	14343
to section 5717.02 of the Revised Code. If the applicant files a	14344
timely appeal, the tax commissioner shall conditionally certify	14345
the applicant's property. The conditional certification shall	14346
expire when all of the applicant's appeals are exhausted. Until	14347
final resolution of the appeal, the applicant shall retain the	14348
applicant's records in accordance with section 5751.12 of the	14349
Revised Code, notwithstanding any time limit on the preservation	14350
of records under that section.	14351

(hh) Amounts realized by licensed motor fuel dealers or	14352
licensed permissive motor fuel dealers from the exchange of	14353
petroleum products, including motor fuel, between such dealers,	14354
provided that delivery of the petroleum products occurs at a	14355
refinery, terminal, pipeline, or marine vessel and that the	14356
exchanging dealers agree neither dealer shall require monetary	14357
compensation from the other for the value of the exchanged	14358
petroleum products other than such compensation for differences in	14359
product location or grade. Division (F)(2)(hh) of this section	14360
does not apply to amounts realized as a result of differences in	14361
location or grade of exchanged petroleum products or from	14362
handling, lubricity, dye, or other additive injections fees,	14363
pipeline security fees, or similar fees. As used in this division,	14364
"motor fuel," "licensed motor fuel dealer," "licensed permissive	14365
motor fuel dealer," and "terminal" have the same meanings as in	14366
section 5735.01 of the Revised Code.	14367

(ii) In the case of amounts collected by a licensed casino	14368
operator from casino gaming, amounts in excess of the casino	14369
operator's gross casino revenue. In this division, "casino	14370
operator" and "casino gaming" have the meanings defined in section	14371
3772.01 of the Revised Code, and "gross casino revenue" has the	14372
meaning defined in section 5753.01 of the Revised Code.	14373

(jj) Any receipts for which the tax imposed by this chapter	14374
is prohibited by the constitution or laws of the United States or	14375
the constitution of this state.	14376

(3) In the case of a taxpayer when acting as a real estate	14377
broker, "gross receipts" includes only the portion of any fee for	14378
the service of a real estate broker, or service of a real estate	14379
salesperson associated with that broker, that is retained by the	14380
broker and not paid to an associated real estate salesperson or	14381
another real estate broker. For the purposes of this division,	14382
"real estate broker" and "real estate salesperson" have the same	14383
meanings as in section 4735.01 of the Revised Code.	14384

(4) A taxpayer's method of accounting for gross receipts for	14385
a tax period shall be the same as the taxpayer's method of	14386
accounting for federal income tax purposes for the taxpayer's	14387
federal taxable year that includes the tax period. If a taxpayer's	14388
method of accounting for federal income tax purposes changes, its	14389
method of accounting for gross receipts under this chapter shall	14390
be changed accordingly.	14391

(G) "Taxable gross receipts" means gross receipts sitused to	14392
this state under section 5751.033 of the Revised Code.	14393

(H) A person has "substantial nexus with this state" if any	14394
of the following applies. The person:	14395

(1) Owns or uses a part or all of its capital in this state;

14396

(2) Holds a certificate of compliance with the laws of this	14397
state authorizing the person to do business in this state;	14398

(3) Has bright-line presence in this state;

14399

(4) Otherwise has nexus with this state to an extent that the	14400
person can be required to remit the tax imposed under this chapter	14401
under the Constitution of the United States.	14402

(I) A person has "bright-line presence" in this state for a	14403
reporting period and for the remaining portion of the calendar	14404
year if any of the following applies. The person:	14405

(1) Has at any time during the calendar year property in this	14406
state with an aggregate value of at least fifty thousand dollars.	14407
For the purpose of division (I)(1) of this section, owned property	14408
is valued at original cost and rented property is valued at eight	14409
times the net annual rental charge.	14410

(2) Has during the calendar year payroll in this state of at	14411
least fifty thousand dollars. Payroll in this state includes all	14412
of the following:	14413

(a) Any amount subject to withholding by the person under	14414
section 5747.06 of the Revised Code;	14415

(b) Any other amount the person pays as compensation to an	14416
individual under the supervision or control of the person for work	14417
done in this state; and	14418

(c) Any amount the person pays for services performed in this	14419
state on its behalf by another.	14420

(3) Has during the calendar year taxable gross receipts of at	14421
least five hundred thousand dollars.	14422

(4) Has at any time during the calendar year within this	14423
state at least twenty-five per cent of the person's total	14424
property, total payroll, or total gross receipts.	14425

(5) Is domiciled in this state as an individual or for	14426
corporate, commercial, or other business purposes.	14427

(J) "Tangible personal property" has the same meaning as in	14428
section 5739.01 of the Revised Code.	14429

(K) "Internal Revenue Code" means the Internal Revenue Code	14430
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	14431
this chapter that is not otherwise defined has the same meaning as	14432
when used in a comparable context in the laws of the United States	14433
relating to federal income taxes unless a different meaning is	14434
clearly required. Any reference in this chapter to the Internal	14435
Revenue Code includes other laws of the United States relating to	14436
federal income taxes.	14437

(L) "Calendar quarter" means a three-month period ending on	14438
the thirty-first day of March, the thirtieth day of June, the	14439
thirtieth day of September, or the thirty-first day of December.	14440

(M) "Tax period" means the calendar quarter or calendar year	14441
on the basis of which a taxpayer is required to pay the tax	14442
imposed under this chapter.	14443

(N) "Calendar year taxpayer" means a taxpayer for which the	14444
tax period is a calendar year.	14445

(O) "Calendar quarter taxpayer" means a taxpayer for which	14446
the tax period is a calendar quarter.	14447

(P) "Agent" means a person authorized by another person to	14448
act on its behalf to undertake a transaction for the other,	14449
including any of the following:	14450

(1) A person receiving a fee to sell financial instruments;

14451

(2) A person retaining only a commission from a transaction	14452
with the other proceeds from the transaction being remitted to	14453
another person;	14454

(3) A person issuing licenses and permits under section	14455
1533.13 of the Revised Code;	14456

(4) A lottery sales agent holding a valid license issued	14457
under section 3770.05 of the Revised Code;	14458

(5) A person acting as an agent of the division of liquor	14459
control under section 4301.17 of the Revised Code.	14460

(Q) "Received" includes amounts accrued under the accrual	14461
method of accounting.	14462

(R) "Reporting person" means a person in a consolidated	14463
elected taxpayer or combined taxpayer group that is designated by	14464
that group to legally bind the group for all filings and tax	14465
liabilities and to receive all legal notices with respect to	14466
matters under this chapter, or, for the purposes of section	14467
5751.04 of the Revised Code, a separate taxpayer that is not a	14468
member of such a group.	14469

Sec. 5751.02. (A) For the purpose of funding the needs of	14470
this state and its local governments ~~beginning with the tax period~~	14471
~~that commences July 1, 2005, and continuing for every tax period~~	14472
~~thereafter~~and providing revenue to the commercial activity tax	14473
motor fuel receipts fund, there is hereby levied a commercial	14474
activity tax on each person with taxable gross receipts for the	14475
privilege of doing business in this state. For the purposes of	14476
this chapter, "doing business" means engaging in any activity,	14477
whether legal or illegal, that is conducted for, or results in,	14478
gain, profit, or income, at any time during ~~the~~a calendar year.	14479
Persons on which the commercial activity tax is levied include,	14480
but are not limited to, persons with substantial nexus with this	14481
state. The tax imposed under this section is not a transactional	14482
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	14483
tax imposed under this section is in addition to any other taxes	14484
or fees imposed under the Revised Code. The tax levied under this	14485
section is imposed on the person receiving the gross receipts and	14486
is not a tax imposed directly on a purchaser. The tax imposed by	14487
this section is an annual privilege tax for the calendar year	14488
that, in the case of calendar year taxpayers, is the annual tax	14489
period and, in the case of calendar quarter taxpayers, contains	14490
all quarterly tax periods in the calendar year. A taxpayer is	14491
subject to the annual privilege tax for doing business during any	14492
portion of such calendar year.	14493

(B) The tax imposed by this section is a tax on the taxpayer	14494
and shall not be billed or invoiced to another person. Even if the	14495
tax or any portion thereof is billed or invoiced and separately	14496
stated, such amounts remain part of the price for purposes of the	14497
sales and use taxes levied under Chapters 5739. and 5741. of the	14498
Revised Code. Nothing in division (B) of this section prohibits:	14499

(1) A person from including in the price charged for a good	14500
or service an amount sufficient to recover the tax imposed by this	14501
section; or	14502

(2) A lessor from including an amount sufficient to recover	14503
the tax imposed by this section in a lease payment charged, or	14504
from including such an amount on a billing or invoice pursuant to	14505
the terms of a written lease agreement providing for the recovery	14506
of the lessor's tax costs. The recovery of such costs shall be	14507
based on an estimate of the total tax cost of the lessor during	14508
the tax period, as the tax liability of the lessor cannot be	14509
calculated until the end of that period.	14510

Sec. 5751.051. (A)(1) Not later than the tenth day of the	14511
second month after the end of each calendar quarter, every	14512
taxpayer other than a calendar year taxpayer shall file with the	14513
tax commissioner a tax return in such form as the commissioner	14514
prescribes. The return shall include, but is not limited to, the	14515
amount of the taxpayer's taxable gross receipts for the calendar	14516
quarter and shall indicate the amount of tax due under section	14517
5751.03 of the Revised Code for the calendar quarter. The taxpayer	14518
shall indicate on the return the portion of the taxpayer's	14519
receipts attributable to motor fuel used for propelling vehicles	14520
on public highways.	14521

(2)(a) Subject to division (C) of section 5751.05 of the	14522
Revised Code, a calendar quarter taxpayer shall report the taxable	14523
gross receipts for that calendar quarter.	14524

(b) With respect to taxable gross receipts incorrectly	14525
reported in a calendar quarter that has a lower tax rate, the tax	14526
shall be computed at the tax rate in effect for the quarterly	14527
return in which such receipts should have been reported. Nothing	14528
in division (A)(2)(b) of this section prohibits a taxpayer from	14529
filing an application for refund under section 5751.08 of the	14530
Revised Code with regard to the incorrect reporting of taxable	14531
gross receipts discovered after filing the annual return described	14532
in division (A)(3) of this section.	14533

A tax return shall not be deemed to be an incorrect reporting	14534
of taxable gross receipts for the purposes of division (A)(2)(b)	14535
of this section if the return reflects between ninety-five and one	14536
hundred five per cent of the actual taxable gross receipts for the	14537
calendar quarter.	14538

(3) For the purposes of division (A)(2)(b) of this section,	14539
the tax return filed for the fourth calendar quarter of a calendar	14540
year is the annual return for the privilege tax imposed by this	14541
chapter. Such return shall report any additional taxable gross	14542
receipts not previously reported in the calendar year and shall	14543
adjust for any over-reported taxable gross receipts in the	14544
calendar year. If the taxpayer ceases to be a taxpayer before the	14545
end of the calendar year, the last return the taxpayer is required	14546
to file shall be the annual return for the taxpayer and the	14547
taxpayer shall report any additional taxable gross receipts not	14548
previously reported in the calendar year and shall adjust for any	14549
over-reported taxable gross receipts in the calendar year.	14550
Taxpayers reporting taxable gross receipts attributable to motor	14551
fuel used for propelling vehicles on public highways may not	14552
utilize the statutory estimation procedure provided in divisions	14553
(A)(2) and (3) of this section.	14554

(4) Because the tax imposed by this chapter is a privilege	14555
tax, the tax rate with respect to taxable gross receipts for a	14556
calendar quarter is not fixed until the end of the measurement	14557
period for each calendar quarter. Subject to division (A)(2)(b) of	14558
this section, the total amount of taxable gross receipts reported	14559
for a given calendar quarter shall be subject to the tax rate in	14560
effect in that quarter.	14561

(5) Not later than the tenth day of May following the end of	14562
each calendar year, every calendar year taxpayer shall file with	14563
the tax commissioner a tax return in such form as the commissioner	14564
prescribes. The return shall include, but is not limited to, the	14565
amount of the taxpayer's taxable gross receipts for the calendar	14566
year and shall indicate the amount of tax due under section	14567
5751.03 of the Revised Code for the calendar year. The taxpayer	14568
shall indicate on the return the portion of the taxpayer's	14569
receipts attributable to motor fuel used for propelling vehicles	14570
on public highways.	14571

(B)(1) A person that first becomes subject to the tax imposed	14572
under this chapter shall pay the minimum tax imposed under	14573
division (B) of section 5751.03 of the Revised Code on or before	14574
the day the return is required to be filed for that quarter under	14575
division (A)(1) of this section, regardless of whether the person	14576
registers as a calendar year taxpayer under section 5751.05 of the	14577
Revised Code.	14578

(2) The amount of the minimum tax for a person subject to	14579
division (B)(1) of this section shall be reduced to seventy-five	14580
dollars if the registration is timely filed after the first day of	14581
May and before the first day of January of the following calendar	14582
year.	14583

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	14584
the Revised Code:	14585

(1) "School district," "joint vocational school district,"	14586
"local taxing unit," "recognized valuation," "fixed-rate levy,"	14587
and "fixed-sum levy" have the same meanings as used in section	14588
5727.84 of the Revised Code.	14589

(2) "State education aid" for a school district means the	14590
following:	14591

(a) For fiscal years prior to fiscal year 2010, the sum of	14592
state aid amounts computed for the district under the following	14593
provisions, as they existed for the applicable fiscal year:	14594
division (A) of section 3317.022 of the Revised Code, including	14595
the amounts calculated under sections 3317.029 and 3317.0217 of	14596
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	14597
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	14598
divisions (L) and (N) of section 3317.024; section 3317.0216; and	14599
any unit payments for gifted student services paid under sections	14600
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	14601
for fiscal years 2008 and 2009, the amount computed for the	14602
district under Section 269.20.80 of H.B. 119 of the 127th general	14603
assembly and as that section subsequently may be amended shall be	14604
substituted for the amount computed under division (D) of section	14605
3317.022 of the Revised Code, and the amount computed under	14606
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	14607
that section subsequently may be amended shall be included.	14608

(b) For fiscal years 2010 and 2011, the sum of the amounts	14609
computed under former sections 3306.052, 3306.12, 3306.13,	14610
3306.19, 3306.191, and 3306.192 of the Revised Code;	14611

(c) For fiscal years 2012 and 2013, the sum of the amounts	14612
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	14613
153 of the 129th general assembly.	14614

(3) "State education aid" for a joint vocational school	14615
district means the following:	14616

(a) For fiscal years prior to fiscal year 2010, the sum of	14617
the state aid computed for the district under division (N) of	14618
section 3317.024 and section 3317.16 of the Revised Code, except	14619
that, for fiscal years 2008 and 2009, the amount computed under	14620
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	14621
that section subsequently may be amended shall be included.	14622

(b) For fiscal years 2010 and 2011, the amount paid in	14623
accordance with Section 265.30.50 of H.B. 1 of the 128th general	14624
assembly.	14625

(c) For fiscal years 2012 and 2013, the amount paid in	14626
accordance with Section 267.30.60 of H.B. 153 of the 129th general	14627
assembly.	14628

(4) "State education aid offset" means the amount determined	14629
for each school district or joint vocational school district under	14630
division (A)(1) of section 5751.21 of the Revised Code.	14631

(5) "Machinery and equipment property tax value loss" means	14632
the amount determined under division (C)(1) of this section.	14633

(6) "Inventory property tax value loss" means the amount	14634
determined under division (C)(2) of this section.	14635

(7) "Furniture and fixtures property tax value loss" means	14636
the amount determined under division (C)(3) of this section.	14637

(8) "Machinery and equipment fixed-rate levy loss" means the	14638
amount determined under division (D)(1) of this section.	14639

(9) "Inventory fixed-rate levy loss" means the amount	14640
determined under division (D)(2) of this section.	14641

(10) "Furniture and fixtures fixed-rate levy loss" means the	14642
amount determined under division (D)(3) of this section.	14643

(11) "Total fixed-rate levy loss" means the sum of the	14644
machinery and equipment fixed-rate levy loss, the inventory	14645
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	14646
loss, and the telephone company fixed-rate levy loss.	14647

(12) "Fixed-sum levy loss" means the amount determined under	14648
division (E) of this section.	14649

(13) "Machinery and equipment" means personal property	14650
subject to the assessment rate specified in division (F) of	14651
section 5711.22 of the Revised Code.	14652

(14) "Inventory" means personal property subject to the	14653
assessment rate specified in division (E) of section 5711.22 of	14654
the Revised Code.	14655

(15) "Furniture and fixtures" means personal property subject	14656
to the assessment rate specified in division (G) of section	14657
5711.22 of the Revised Code.	14658

(16) "Qualifying levies" are levies in effect for tax year	14659
2004 or applicable to tax year 2005 or approved at an election	14660
conducted before September 1, 2005. For the purpose of determining	14661
the rate of a qualifying levy authorized by section 5705.212 or	14662
5705.213 of the Revised Code, the rate shall be the rate that	14663
would be in effect for tax year 2010.	14664

(17) "Telephone property" means tangible personal property of	14665
a telephone, telegraph, or interexchange telecommunications	14666
company subject to an assessment rate specified in section	14667
5727.111 of the Revised Code in tax year 2004.	14668

(18) "Telephone property tax value loss" means the amount	14669
determined under division (C)(4) of this section.	14670

(19) "Telephone property fixed-rate levy loss" means the	14671
amount determined under division (D)(4) of this section.	14672

(20) "Taxes charged and payable" means taxes charged and	14673
payable after the reduction required by section 319.301 of the	14674
Revised Code but before the reductions required by sections	14675
319.302 and 323.152 of the Revised Code.	14676

(21) "Median estate tax collections" means, in the case of a	14677
municipal corporation to which revenue from the taxes levied in	14678
Chapter 5731. of the Revised Code was distributed in each of	14679
calendar years 2006, 2007, 2008, and 2009, the median of those	14680
distributions. In the case of a municipal corporation to which no	14681
distributions were made in one or more of those years, "median	14682
estate tax collections" means zero.	14683

(22) "Total resources," in the case of a school district,	14684
means the sum of the amounts in divisions (A)(22)(a) to (h) of	14685
this section less any reduction required under division (A)(32) or	14686
(33) of this section.	14687

(a) The state education aid for fiscal year 2010;

14688

(b) The sum of the payments received by the school district	14689
in fiscal year 2010 for current expense levy losses pursuant to	14690
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	14691
section 5751.21 of the Revised Code, excluding the portion of such	14692
payments attributable to levies for joint vocational school	14693
district purposes;	14694

(c) The sum of fixed-sum levy loss payments received by the	14695
school district in fiscal year 2010 pursuant to division (E)(1) of	14696
section 5727.85 and division (E)(1) of section 5751.21 of the	14697
Revised Code for fixed-sum levies charged and payable for a	14698
purpose other than paying debt charges;	14699

(d) Fifty per cent of the school district's taxes charged and	14700
payable against all property on the tax list of real and public	14701
utility property for current expense purposes for tax year 2008,	14702
including taxes charged and payable from emergency levies charged	14703
and payable under section 5709.194 of the Revised Code and	14704
excluding taxes levied for joint vocational school district	14705
purposes;	14706

(e) Fifty per cent of the school district's taxes charged and	14707
payable against all property on the tax list of real and public	14708
utility property for current expenses for tax year 2009, including	14709
taxes charged and payable from emergency levies and excluding	14710
taxes levied for joint vocational school district purposes;	14711

(f) The school district's taxes charged and payable against	14712
all property on the general tax list of personal property for	14713
current expenses for tax year 2009, including taxes charged and	14714
payable from emergency levies;	14715

(g) The amount certified for fiscal year 2010 under division	14716
(A)(2) of section 3317.08 of the Revised Code;	14717

(h) Distributions received during calendar year 2009 from	14718
taxes levied under section 718.09 of the Revised Code.	14719

(23) "Total resources," in the case of a joint vocational	14720
school district, means the sum of amounts in divisions (A)(23)(a)	14721
to (g) of this section less any reduction required under division	14722
(A)(32) of this section.	14723

(a) The state education aid for fiscal year 2010;

14724

(b) The sum of the payments received by the joint vocational	14725
school district in fiscal year 2010 for current expense levy	14726
losses pursuant to division (C)(2) of section 5727.85 and	14727
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	14728

(c) Fifty per cent of the joint vocational school district's	14729
taxes charged and payable against all property on the tax list of	14730
real and public utility property for current expense purposes for	14731
tax year 2008;	14732

(d) Fifty per cent of the joint vocational school district's	14733
taxes charged and payable against all property on the tax list of	14734
real and public utility property for current expenses for tax year	14735
2009;	14736

(e) Fifty per cent of a city, local, or exempted village	14737
school district's taxes charged and payable against all property	14738
on the tax list of real and public utility property for current	14739
expenses of the joint vocational school district for tax year	14740
2008;	14741

(f) Fifty per cent of a city, local, or exempted village	14742
school district's taxes charged and payable against all property	14743
on the tax list of real and public utility property for current	14744
expenses of the joint vocational school district for tax year	14745
2009;	14746

(g) The joint vocational school district's taxes charged and	14747
payable against all property on the general tax list of personal	14748
property for current expenses for tax year 2009.	14749

(24) "Total resources," in the case of county mental health	14750
and disability related functions, means the sum of the amounts in	14751
divisions (A)(24)(a) and (b) of this section less any reduction	14752
required under division (A)(32) of this section.	14753

(a) The sum of the payments received by the county for mental	14754
health and developmental disability related functions in calendar	14755
year 2010 under division (A)(1) of section 5727.86 and divisions	14756
(A)(1) and (2) of section 5751.22 of the Revised Code as they	14757
existed at that time;	14758

(b) With respect to taxes levied by the county for mental	14759
health and developmental disability related purposes, the taxes	14760
charged and payable for such purposes against all property on the	14761
tax list of real and public utility property for tax year 2009.	14762

(25) "Total resources," in the case of county senior services	14763
related functions, means the sum of the amounts in divisions	14764
(A)(25)(a) and (b) of this section less any reduction required	14765
under division (A)(32) of this section.	14766

(a) The sum of the payments received by the county for senior	14767
services related functions in calendar year 2010 under division	14768
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	14769
5751.22 of the Revised Code as they existed at that time;	14770

(b) With respect to taxes levied by the county for senior	14771
services related purposes, the taxes charged and payable for such	14772
purposes against all property on the tax list of real and public	14773
utility property for tax year 2009.	14774

(26) "Total resources," in the case of county children's	14775
services related functions, means the sum of the amounts in	14776
divisions (A)(26)(a) and (b) of this section less any reduction	14777
required under division (A)(32) of this section.	14778

(a) The sum of the payments received by the county for	14779
children's services related functions in calendar year 2010 under	14780
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	14781
section 5751.22 of the Revised Code as they existed at that time;	14782

(b) With respect to taxes levied by the county for children's	14783
services related purposes, the taxes charged and payable for such	14784
purposes against all property on the tax list of real and public	14785
utility property for tax year 2009.	14786

(27) "Total resources," in the case of county public health	14787
related functions, means the sum of the amounts in divisions	14788
(A)(27)(a) and (b) of this section less any reduction required	14789
under division (A)(32) of this section.	14790

(a) The sum of the payments received by the county for public	14791
health related functions in calendar year 2010 under division	14792
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	14793
5751.22 of the Revised Code as they existed at that time;	14794

(b) With respect to taxes levied by the county for public	14795
health related purposes, the taxes charged and payable for such	14796
purposes against all property on the tax list of real and public	14797
utility property for tax year 2009.	14798

(28) "Total resources," in the case of all county functions	14799
not included in divisions (A)(24) to (27) of this section, means	14800
the sum of the amounts in divisions (A)(28)(a) to (d) of this	14801
section less any reduction required under division (A)(32) or (33)	14802
of this section.	14803

(a) The sum of the payments received by the county for all	14804
other purposes in calendar year 2010 under division (A)(1) of	14805
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	14806
the Revised Code as they existed at that time;	14807

(b) The county's percentage share of county undivided local	14808
government fund allocations as certified to the tax commissioner	14809
for calendar year 2010 by the county auditor under division (J) of	14810
section 5747.51 of the Revised Code or division (F) of section	14811
5747.53 of the Revised Code multiplied by the total amount	14812
actually distributed in calendar year 2010 from the county	14813
undivided local government fund;	14814

(c) With respect to taxes levied by the county for all other	14815
purposes, the taxes charged and payable for such purposes against	14816
all property on the tax list of real and public utility property	14817
for tax year 2009, excluding taxes charged and payable for the	14818
purpose of paying debt charges;	14819

(d) The sum of the amounts distributed to the county in	14820
calendar year 2010 for the taxes levied pursuant to sections	14821
5739.021 and 5741.021 of the Revised Code.	14822

(29) "Total resources," in the case of a municipal	14823
corporation, means the sum of the amounts in divisions (A)(29)(a)	14824
to (g) of this section less any reduction required under division	14825
(A)(32) or (33) of this section.	14826

(a) The sum of the payments received by the municipal	14827
corporation in calendar year 2010 for current expense levy losses	14828
under division (A)(1) of section 5727.86 and divisions (A)(1) and	14829
(2) of section 5751.22 of the Revised Code as they existed at that	14830
time;	14831

(b) The municipal corporation's percentage share of county	14832
undivided local government fund allocations as certified to the	14833
tax commissioner for calendar year 2010 by the county auditor	14834
under division (J) of section 5747.51 of the Revised Code or	14835
division (F) of section 5747.53 of the Revised Code multiplied by	14836
the total amount actually distributed in calendar year 2010 from	14837
the county undivided local government fund;	14838

(c) The sum of the amounts distributed to the municipal	14839
corporation in calendar year 2010 pursuant to section 5747.50 of	14840
the Revised Code;	14841

(d) With respect to taxes levied by the municipal	14842
corporation, the taxes charged and payable against all property on	14843
the tax list of real and public utility property for current	14844
expenses, defined in division (A)(35) of this section, for tax	14845
year 2009;	14846

(e) The amount of admissions tax collected by the municipal	14847
corporation in calendar year 2008, or if such information has not	14848
yet been reported to the tax commissioner, in the most recent year	14849
before 2008 for which the municipal corporation has reported data	14850
to the commissioner;	14851

(f) The amount of income taxes collected by the municipal	14852
corporation in calendar year 2008, or if such information has not	14853
yet been reported to the tax commissioner, in the most recent year	14854
before 2008 for which the municipal corporation has reported data	14855
to the commissioner;	14856

(g) The municipal corporation's median estate tax	14857
collections.	14858

(30) "Total resources," in the case of a township, means the	14859
sum of the amounts in divisions (A)(30)(a) to (c) of this section	14860
less any reduction required under division (A)(32) or (33) of this	14861
section.	14862

(a) The sum of the payments received by the township in	14863
calendar year 2010 pursuant to division (A)(1) of section 5727.86	14864
of the Revised Code and divisions (A)(1) and (2) of section	14865
5751.22 of the Revised Code as they existed at that time,	14866
excluding payments received for debt purposes;	14867

(b) The township's percentage share of county undivided local	14868
government fund allocations as certified to the tax commissioner	14869
for calendar year 2010 by the county auditor under division (J) of	14870
section 5747.51 of the Revised Code or division (F) of section	14871
5747.53 of the Revised Code multiplied by the total amount	14872
actually distributed in calendar year 2010 from the county	14873
undivided local government fund;	14874

(c) With respect to taxes levied by the township, the taxes	14875
charged and payable against all property on the tax list of real	14876
and public utility property for tax year 2009 excluding taxes	14877
charged and payable for the purpose of paying debt charges.	14878

(31) "Total resources," in the case of a local taxing unit	14879
that is not a county, municipal corporation, or township, means	14880
the sum of the amounts in divisions (A)(31)(a) to (e) of this	14881
section less any reduction required under division (A)(32) of this	14882
section.	14883

(a) The sum of the payments received by the local taxing unit	14884
in calendar year 2010 pursuant to division (A)(1) of section	14885
5727.86 of the Revised Code and divisions (A)(1) and (2) of	14886
section 5751.22 of the Revised Code as they existed at that time;	14887

(b) The local taxing unit's percentage share of county	14888
undivided local government fund allocations as certified to the	14889
tax commissioner for calendar year 2010 by the county auditor	14890
under division (J) of section 5747.51 of the Revised Code or	14891
division (F) of section 5747.53 of the Revised Code multiplied by	14892
the total amount actually distributed in calendar year 2010 from	14893
the county undivided local government fund;	14894

(c) With respect to taxes levied by the local taxing unit,	14895
the taxes charged and payable against all property on the tax list	14896
of real and public utility property for tax year 2009 excluding	14897
taxes charged and payable for the purpose of paying debt charges;	14898

(d) The amount received from the tax commissioner during	14899
calendar year 2010 for sales or use taxes authorized under	14900
sections 5739.023 and 5741.022 of the Revised Code;	14901

(e) For institutions of higher education receiving tax	14902
revenue from a local levy, as identified in section 3358.02 of the	14903
Revised Code, the final state share of instruction allocation for	14904
fiscal year 2010 as calculated by the board of regents and	14905
reported to the state controlling board.	14906

(32) If a fixed-rate levy that is a qualifying levy is not	14907
charged and payable in any year after tax year 2010, "total	14908
resources" used to compute payments to be made under division	14909
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	14910
5751.22 of the Revised Code in the tax years following the last	14911
year the levy is charged and payable shall be reduced to the	14912
extent that the payments are attributable to the fixed-rate levy	14913
loss of that levy as would be computed under division (C)(2) of	14914
section 5727.85, division (A)(1) of section 5727.85, divisions	14915
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	14916
5751.22 of the Revised Code.	14917

(33) In the case of a county, municipal corporation, school	14918
district, or township with fixed-rate levy losses attributable to	14919
a tax levied under section 5705.23 of the Revised Code, "total	14920
resources" used to compute payments to be made under division	14921
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	14922
division (C)(12) of section 5751.21, or division (A)(1)(c) of	14923
section 5751.22 of the Revised Code shall be reduced by the	14924
amounts described in divisions (A)(34)(a) to (c) of this section	14925
to the extent that those amounts were included in calculating the	14926
"total resources" of the school district or local taxing unit	14927
under division (A)(22), (28), (29), or (30) of this section.	14928

(34) "Total library resources," in the case of a county,	14929
municipal corporation, school district, or township public library	14930
that receives the proceeds of a tax levied under section 5705.23	14931
of the Revised Code, means the sum of the amounts in divisions	14932
(A)(34)(a) to (c) of this section less any reduction required	14933
under division (A)(32) of this section.	14934

(a) The sum of the payments received by the county, municipal	14935
corporation, school district, or township public library in	14936
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	14937
Revised Code, as they existed at that time, for fixed-rate levy	14938
losses attributable to a tax levied under section 5705.23 of the	14939
Revised Code for the benefit of the public library;	14940

(b) The public library's percentage share of county undivided	14941
local government fund allocations as certified to the tax	14942
commissioner for calendar year 2010 by the county auditor under	14943
division (J) of section 5747.51 of the Revised Code or division	14944
(F) of section 5747.53 of the Revised Code multiplied by the total	14945
amount actually distributed in calendar year 2010 from the county	14946
undivided local government fund;	14947

(c) With respect to a tax levied pursuant to section 5705.23	14948
of the Revised Code for the benefit of the public library, the	14949
amount of such tax that is charged and payable against all	14950
property on the tax list of real and public utility property for	14951
tax year 2009 excluding any tax that is charged and payable for	14952
the purpose of paying debt charges.	14953

(35) "Municipal current expense property tax levies" means	14954
all property tax levies of a municipality, except those with the	14955
following levy names: airport resurfacing; bond or any levy name	14956
including the word "bond"; capital improvement or any levy name	14957
including the word "capital"; debt or any levy name including the	14958
word "debt"; equipment or any levy name including the word	14959
"equipment," unless the levy is for combined operating and	14960
equipment; employee termination fund; fire pension or any levy	14961
containing the word "pension," including police pensions;	14962
fireman's fund or any practically similar name; sinking fund; road	14963
improvements or any levy containing the word "road"; fire truck or	14964
apparatus; flood or any levy containing the word "flood";	14965
conservancy district; county health; note retirement; sewage, or	14966
any levy containing the words "sewage" or "sewer"; park	14967
improvement; parkland acquisition; storm drain; street or any levy	14968
name containing the word "street"; lighting, or any levy name	14969
containing the word "lighting"; and water.	14970

(36) "Current expense TPP allocation" means, in the case of a	14971
school district or joint vocational school district, the sum of	14972
the payments received by the school district in fiscal year 2011	14973
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	14974
Revised Code to the extent paid for current expense levies. In the	14975
case of a municipal corporation, "current expense TPP allocation"	14976
means the sum of the payments received by the municipal	14977
corporation in calendar year 2010 pursuant to divisions (A)(1) and	14978
(2) of section 5751.22 of the Revised Code to the extent paid for	14979
municipal current expense property tax levies as defined in	14980
division (A)(35) of this section, excluding any such payments	14981
received for current expense levy losses attributable to a tax	14982
levied under section 5705.23 of the Revised Code. If a fixed-rate	14983
levy that is a qualifying levy is not charged and payable in any	14984
year after tax year 2010, "current expense TPP allocation" used to	14985
compute payments to be made under division (C)(12) of section	14986
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	14987
Revised Code in the tax years following the last year the levy is	14988
charged and payable shall be reduced to the extent that the	14989
payments are attributable to the fixed-rate levy loss of that levy	14990
as would be computed under divisions (C)(10) and (11) of section	14991
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	14992

(37) "TPP allocation" means the sum of payments received by a	14993
local taxing unit in calendar year 2010 pursuant to divisions	14994
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	14995
any such payments received for fixed-rate levy losses attributable	14996
to a tax levied under section 5705.23 of the Revised Code. If a	14997
fixed-rate levy that is a qualifying levy is not charged and	14998
payable in any year after tax year 2010, "TPP allocation" used to	14999
compute payments to be made under division (A)(1)(b) or (c) of	15000
section 5751.22 of the Revised Code in the tax years following the	15001
last year the levy is charged and payable shall be reduced to the	15002
extent that the payments are attributable to the fixed-rate levy	15003
loss of that levy as would be computed under division (A)(1) of	15004
that section.	15005

(38) "Total TPP allocation" means, in the case of a school	15006
district or joint vocational school district, the sum of the	15007
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	15008
and (11) and (D) of section 5751.21 of the Revised Code. In the	15009
case of a local taxing unit, "total TPP allocation" means the sum	15010
of payments received by the unit in calendar year 2010 pursuant to	15011
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	15012
Code. If a fixed-rate levy that is a qualifying levy is not	15013
charged and payable in any year after tax year 2010, "total TPP	15014
allocation" used to compute payments to be made under division	15015
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	15016
5751.22 of the Revised Code in the tax years following the last	15017
year the levy is charged and payable shall be reduced to the	15018
extent that the payments are attributable to the fixed-rate levy	15019
loss of that levy as would be computed under divisions (C)(10) and	15020
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	15021
the Revised Code.	15022

(39) "Non-current expense TPP allocation" means the	15023
difference of total TPP allocation minus the sum of current	15024
expense TPP allocation and the portion of total TPP allocation	15025
constituting reimbursement for debt levies, pursuant to division	15026
(D) of section 5751.21 of the Revised Code in the case of a school	15027
district or joint vocational school district and pursuant to	15028
division (A)(3) of section 5751.22 of the Revised Code in the case	15029
of a municipal corporation.	15030

(40) "TPP allocation for library purposes" means the sum of	15031
payments received by a county, municipal corporation, school	15032
district, or township public library in calendar year 2010	15033
pursuant to section 5751.22 of the Revised Code for fixed-rate	15034
levy losses attributable to a tax levied under section 5705.23 of	15035
the Revised Code. If a fixed-rate levy authorized under section	15036
5705.23 of the Revised Code that is a qualifying levy is not	15037
charged and payable in any year after tax year 2010, "TPP	15038
allocation for library purposes" used to compute payments to be	15039
made under division (A)(1)(d) of section 5751.22 of the Revised	15040
Code in the tax years following the last year the levy is charged	15041
and payable shall be reduced to the extent that the payments are	15042
attributable to the fixed-rate levy loss of that levy as would be	15043
computed under division (A)(1) of section 5751.22 of the Revised	15044
Code.	15045

(41) "Threshold per cent" means, in the case of a school	15046
district or joint vocational school district, two per cent for	15047
fiscal year 2012 and four per cent for fiscal years 2013 and	15048
thereafter. In the case of a local taxing unit or public library	15049
that receives the proceeds of a tax levied under section 5705.23	15050
of the Revised Code, "threshold per cent" means two per cent for	15051
tax year 2011, four per cent for tax year 2012, and six per cent	15052
for tax years 2013 and thereafter.	15053

(B)(1) The commercial activities tax receipts fund is hereby	15054
created in the state treasury and shall consist of money arising	15055
from the tax imposed under this chapter. Eighty-five	15056
one-hundredths of one per cent of the money credited to that fund	15057
shall be credited to the revenue enhancement fund and shall be	15058
used to defray the costs incurred by the department of taxation in	15059
administering the tax imposed by this chapter and in implementing	15060
tax reform measures. The remainder of the money in the commercial	15061
activities tax receipts fund shall first be credited ~~for each~~	15062
~~fiscal year~~to the commercial activity tax motor fuel receipts	15063
fund, pursuant to division (B)(2) of this section, and the	15064
remainder shall be credited in the following percentages each	15065
fiscal year to the general revenue fund, to the school district	15066
tangible property tax replacement fund, which is hereby created in	15067
the state treasury for the purpose of making the payments	15068
described in section 5751.21 of the Revised Code, and to the local	15069
government tangible property tax replacement fund, which is hereby	15070
created in the state treasury for the purpose of making the	15071
payments described in section 5751.22 of the Revised Code, in the	15072
following percentages:	15073

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	15074
2006	67.7%	22.6%	9.7%	15075
2007	0%	70.0%	30.0%	15076
2008	0%	70.0%	30.0%	15077
2009	0%	70.0%	30.0%	15078
2010	0%	70.0%	30.0%	15079
2011	0%	70.0%	30.0%	15080
2012	25.0%	52.5%	22.5%	15081
2013 and thereafter	50.0%	35.0%	15.0%	15082

(2) Not later than the twentieth day of February, May,	15083
August, and November of each year, the commissioner shall provide	15084
for payment from the commercial activities tax receipts fund to	15085
the commercial activity tax motor fuel receipts fund an amount	15086
that bears the same ratio to the balance in the commercial	15087
activities tax receipts fund that (a) the taxable gross receipts	15088
attributed to motor fuel used for propelling vehicles on public	15089
highways as indicated by returns filed by the tenth day of that	15090
month for a liability that is due and payable on or after July 1,	15091
2013, bears to (b) all taxable gross receipts as indicated by	15092
those returns for such liabilities.	15093

(C) Not later than September 15, 2005, the tax commissioner	15094
shall determine for each school district, joint vocational school	15095
district, and local taxing unit its machinery and equipment,	15096
inventory property, furniture and fixtures property, and telephone	15097
property tax value losses, which are the applicable amounts	15098
described in divisions (C)(1), (2), (3), and (4) of this section,	15099
except as provided in division (C)(5) of this section:	15100

(1) Machinery and equipment property tax value loss is the	15101
taxable value of machinery and equipment property as reported by	15102
taxpayers for tax year 2004 multiplied by:	15103

(a) For tax year 2006, thirty-three and eight-tenths per	15104
cent;	15105

(b) For tax year 2007, sixty-one and three-tenths per cent;

15106

15107

(d) For tax year 2009 and thereafter, one hundred per cent.

15108

(2) Inventory property tax value loss is the taxable value of	15109
inventory property as reported by taxpayers for tax year 2004	15110
multiplied by:	15111

(a) For tax year 2006, a fraction, the numerator of which is	15112
five and three-fourths and the denominator of which is	15113
twenty-three;	15114

(b) For tax year 2007, a fraction, the numerator of which is	15115
nine and one-half and the denominator of which is twenty-three;	15116

(c) For tax year 2008, a fraction, the numerator of which is	15117
thirteen and one-fourth and the denominator of which is	15118
twenty-three;	15119

(d) For tax year 2009 and thereafter a fraction, the	15120
numerator of which is seventeen and the denominator of which is	15121
twenty-three.	15122

(3) Furniture and fixtures property tax value loss is the	15123
taxable value of furniture and fixture property as reported by	15124
taxpayers for tax year 2004 multiplied by:	15125

(a) For tax year 2006, twenty-five per cent;

15126

(b) For tax year 2007, fifty per cent;

15127

15128

(d) For tax year 2009 and thereafter, one hundred per cent.

15129

The taxable value of property reported by taxpayers used in	15130
divisions (C)(1), (2), and (3) of this section shall be such	15131
values as determined to be final by the tax commissioner as of	15132
August 31, 2005. Such determinations shall be final except for any	15133
correction of a clerical error that was made prior to August 31,	15134
2005, by the tax commissioner.	15135

(4) Telephone property tax value loss is the taxable value of	15136
telephone property as taxpayers would have reported that property	15137
for tax year 2004 if the assessment rate for all telephone	15138
property for that year were twenty-five per cent, multiplied by:	15139

(a) For tax year 2006, zero per cent;

15140

(b) For tax year 2007, zero per cent;

15141

15142

(d) For tax year 2009, sixty per cent;

15143

(e) For tax year 2010, eighty per cent;

15144

(f) For tax year 2011 and thereafter, one hundred per cent.

15145

(5) Division (C)(5) of this section applies to any school	15146
district, joint vocational school district, or local taxing unit	15147
in a county in which is located a facility currently or formerly	15148
devoted to the enrichment or commercialization of uranium or	15149
uranium products, and for which the total taxable value of	15150
property listed on the general tax list of personal property for	15151
any tax year from tax year 2001 to tax year 2004 was fifty per	15152
cent or less of the taxable value of such property listed on the	15153
general tax list of personal property for the next preceding tax	15154
year.	15155

In computing the fixed-rate levy losses under divisions	15156
(D)(1), (2), and (3) of this section for any school district,	15157
joint vocational school district, or local taxing unit to which	15158
division (C)(5) of this section applies, the taxable value of such	15159
property as listed on the general tax list of personal property	15160
for tax year 2000 shall be substituted for the taxable value of	15161
such property as reported by taxpayers for tax year 2004, in the	15162
taxing district containing the uranium facility, if the taxable	15163
value listed for tax year 2000 is greater than the taxable value	15164
reported by taxpayers for tax year 2004. For the purpose of making	15165
the computations under divisions (D)(1), (2), and (3) of this	15166
section, the tax year 2000 valuation is to be allocated to	15167
machinery and equipment, inventory, and furniture and fixtures	15168
property in the same proportions as the tax year 2004 values. For	15169
the purpose of the calculations in division (A) of section 5751.21	15170
of the Revised Code, the tax year 2004 taxable values shall be	15171
used.	15172

To facilitate the calculations required under division (C) of	15173
this section, the county auditor, upon request from the tax	15174
commissioner, shall provide by August 1, 2005, the values of	15175
machinery and equipment, inventory, and furniture and fixtures for	15176
all single-county personal property taxpayers for tax year 2004.	15177

(D) Not later than September 15, 2005, the tax commissioner	15178
shall determine for each tax year from 2006 through 2009 for each	15179
school district, joint vocational school district, and local	15180
taxing unit its machinery and equipment, inventory, and furniture	15181
and fixtures fixed-rate levy losses, and for each tax year from	15182
2006 through 2011 its telephone property fixed-rate levy loss.	15183
Except as provided in division (F) of this section, such losses	15184
are the applicable amounts described in divisions (D)(1), (2),	15185
(3), and (4) of this section:	15186

(1) The machinery and equipment fixed-rate levy loss is the	15187
machinery and equipment property tax value loss multiplied by the	15188
sum of the tax rates of fixed-rate qualifying levies.	15189

(2) The inventory fixed-rate loss is the inventory property	15190
tax value loss multiplied by the sum of the tax rates of	15191
fixed-rate qualifying levies.	15192

(3) The furniture and fixtures fixed-rate levy loss is the	15193
furniture and fixture property tax value loss multiplied by the	15194
sum of the tax rates of fixed-rate qualifying levies.	15195

(4) The telephone property fixed-rate levy loss is the	15196
telephone property tax value loss multiplied by the sum of the tax	15197
rates of fixed-rate qualifying levies.	15198

(E) Not later than September 15, 2005, the tax commissioner	15199
shall determine for each school district, joint vocational school	15200
district, and local taxing unit its fixed-sum levy loss. The	15201
fixed-sum levy loss is the amount obtained by subtracting the	15202
amount described in division (E)(2) of this section from the	15203
amount described in division (E)(1) of this section:	15204

(1) The sum of the machinery and equipment property tax value	15205
loss, the inventory property tax value loss, and the furniture and	15206
fixtures property tax value loss, and, for 2008 through 2010, the	15207
telephone property tax value loss of the district or unit	15208
multiplied by the sum of the fixed-sum tax rates of qualifying	15209
levies. For 2006 through 2010, this computation shall include all	15210
qualifying levies remaining in effect for the current tax year and	15211
any school district levies charged and payable under section	15212
5705.194 or 5705.213 of the Revised Code that are qualifying	15213
levies not remaining in effect for the current year. For 2011	15214
through 2017 in the case of school district levies charged and	15215
payable under section 5705.194 or 5705.213 of the Revised Code and	15216
for all years after 2010 in the case of other fixed-sum levies,	15217
this computation shall include only qualifying levies remaining in	15218
effect for the current year. For purposes of this computation, a	15219
qualifying school district levy charged and payable under section	15220
5705.194 or 5705.213 of the Revised Code remains in effect in a	15221
year after 2010 only if, for that year, the board of education	15222
levies a school district levy charged and payable under section	15223
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	15224
an annual sum at least equal to the annual sum levied by the board	15225
in tax year 2004 less the amount of the payment certified under	15226
this division for 2006.	15227

(2) The total taxable value in tax year 2004 less the sum of	15228
the machinery and equipment, inventory, furniture and fixtures,	15229
and telephone property tax value losses in each school district,	15230
joint vocational school district, and local taxing unit multiplied	15231
by one-half of one mill per dollar.	15232

(3) For the calculations in divisions (E)(1) and (2) of this	15233
section, the tax value losses are those that would be calculated	15234
for tax year 2009 under divisions (C)(1), (2), and (3) of this	15235
section and for tax year 2011 under division (C)(4) of this	15236
section.	15237

(4) To facilitate the calculation under divisions (D) and (E)	15238
of this section, not later than September 1, 2005, any school	15239
district, joint vocational school district, or local taxing unit	15240
that has a qualifying levy that was approved at an election	15241
conducted during 2005 before September 1, 2005, shall certify to	15242
the tax commissioner a copy of the county auditor's certificate of	15243
estimated property tax millage for such levy as required under	15244
division (B) of section 5705.03 of the Revised Code, which is the	15245
rate that shall be used in the calculations under such divisions.	15246

If the amount determined under division (E) of this section	15247
for any school district, joint vocational school district, or	15248
local taxing unit is greater than zero, that amount shall equal	15249
the reimbursement to be paid pursuant to division (E) of section	15250
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	15251
and the one-half of one mill that is subtracted under division	15252
(E)(2) of this section shall be apportioned among all contributing	15253
fixed-sum levies in the proportion that each levy bears to the sum	15254
of all fixed-sum levies within each school district, joint	15255
vocational school district, or local taxing unit.	15256

(F) If a school district levies a tax under section 5705.219	15257
of the Revised Code, the fixed-rate levy loss for qualifying	15258
levies, to the extent repealed under that section, shall equal the	15259
sum of the following amounts in lieu of the amounts computed for	15260
such levies under division (D) of this section:	15261

(1) The sum of the rates of qualifying levies to the extent	15262
so repealed multiplied by the sum of the machinery and equipment,	15263
inventory, and furniture and fixtures tax value losses for 2009 as	15264
determined under that division;	15265

(2) The sum of the rates of qualifying levies to the extent	15266
so repealed multiplied by the telephone property tax value loss	15267
for 2011 as determined under that division.	15268

The fixed-rate levy losses for qualifying levies to the	15269
extent not repealed under section 5705.219 of the Revised Code	15270
shall be as determined under division (D) of this section. The	15271
revised fixed-rate levy losses determined under this division and	15272
division (D) of this section first apply in the year following the	15273
first year the district levies the tax under section 5705.219 of	15274
the Revised Code.	15275

(G) Not later than October 1, 2005, the tax commissioner	15276
shall certify to the department of education for every school	15277
district and joint vocational school district the machinery and	15278
equipment, inventory, furniture and fixtures, and telephone	15279
property tax value losses determined under division (C) of this	15280
section, the machinery and equipment, inventory, furniture and	15281
fixtures, and telephone fixed-rate levy losses determined under	15282
division (D) of this section, and the fixed-sum levy losses	15283
calculated under division (E) of this section. The calculations	15284
under divisions (D) and (E) of this section shall separately	15285
display the levy loss for each levy eligible for reimbursement.	15286

(H) Not later than October 1, 2005, the tax commissioner	15287
shall certify the amount of the fixed-sum levy losses to the	15288
county auditor of each county in which a school district, joint	15289
vocational school district, or local taxing unit with a fixed-sum	15290
levy loss reimbursement has territory.	15291

(I) Not later than the twenty-eighth day of February each	15292
year beginning in 2011 and ending in 2014, the tax commissioner	15293
shall certify to the department of education for each school	15294
district first levying a tax under section 5705.219 of the Revised	15295
Code in the preceding year the revised fixed-rate levy losses	15296
determined under divisions (D) and (F) of this section.	15297

(J) There is hereby created in the state treasury the	15298
commercial activity tax motor fuel receipts fund.	15299

Section 101.02. That existing sections 9.33, 123.21, 126.06,	15300
126.503, 127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055,	15301
505.37, 505.375, 505.44, 505.72, 718.01, 2937.221, 3354.13,	15302
3355.10, 3357.12, 3705.242, 3791.12, 3791.13, 3791.99, 4501.01,	15303
4501.03, 4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.03,	15304
4503.04, 4503.042, 4503.07, 4503.103, 4503.11, 4503.19, 4503.191,	15305
4503.22, 4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4505.11,	15306
4506.08, 4506.09, 4507.011, 4507.05, 4507.23, 4511.01, 4511.13,	15307
4511.21, 4511.61, 4513.263, 4513.34, 4513.53, 4513.66, 4517.021,	15308
4561.01, 4561.06, 4561.07, 4561.08, 4561.09, 4561.12, 4561.21,	15309
4743.05, 4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07,	15310
4765.08, 4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111,	15311
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 4765.12,	15312
4765.15, 4765.16, 4765.17, 4765.18, 4765.22, 4765.23, 4765.28,	15313
4765.29, 4765.30, 4765.31, 4765.32, 4765.33, 4765.37, 4765.38,	15314
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 4765.55, 4765.56,	15315
4766.01, 4766.03, 4766.04, 4766.05, 4766.07, 4766.08, 4766.09,	15316
4766.10, 4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 5501.03,	15317
5501.17, 5501.31, 5501.73, 5501.77, 5502.01, 5503.01, 5503.03,	15318
5503.04, 5503.31, 5503.32, 5513.01, 5517.02, 5525.01, 5525.16,	15319
5526.01, 5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05,	15320
5537.051, 5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12,	15321
5537.13, 5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20,	15322
5537.21, 5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28,	15323
5537.30, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01, 5751.01,	15324
5751.02, 5751.051, and 5751.20 and sections 126.60, 126.601,	15325
126.602, 126.603, 126.604, 126.605, 3791.11, 4766.02, 4766.20,	15326
4981.36, and 4981.361 of the Revised Code are hereby repealed.	15327

Section 110.10. That the versions of sections 4501.01,	15328
4503.04, 4503.22, 4507.05, and 4511.01 of the Revised Code that	15329
are scheduled to take effect January 1, 2017, be amended to read	15330
as follows:	15331

Sec. 4501.01. As used in this chapter and Chapters 4503.,	15332
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	15333
Revised Code, and in the penal laws, except as otherwise provided:	15334

(A) "Vehicles" means everything on wheels or runners,	15335
including motorized bicycles, but does not mean electric personal	15336
assistive mobility devices, vehicles that are operated exclusively	15337
on rails or tracks or from overhead electric trolley wires, and	15338
vehicles that belong to any police department, municipal fire	15339
department, or volunteer fire department, or that are used by such	15340
a department in the discharge of its functions.	15341

(B) "Motor vehicle" means any vehicle, including mobile homes	15342
and recreational vehicles, that is propelled or drawn by power	15343
other than muscular power or power collected from overhead	15344
electric trolley wires. "Motor vehicle" does not include utility	15345
vehicles as defined in division (VV) of this section, under-speed	15346
vehicles as defined in division (XX) of this section, mini-trucks	15347
as defined in division (BBB) of this section, motorized bicycles,	15348
road rollers, traction engines, power shovels, power cranes, and	15349
other equipment used in construction work and not designed for or	15350
employed in general highway transportation, well-drilling	15351
machinery, ditch-digging machinery, farm machinery, and trailers	15352
that are designed and used exclusively to transport a boat between	15353
a place of storage and a marina, or in and around a marina, when	15354
drawn or towed on a public road or highway for a distance of no	15355
more than ten miles and at a speed of twenty-five miles per hour	15356
or less.	15357

(C) "Agricultural tractor" and "traction engine" mean any	15358
self-propelling vehicle that is designed or used for drawing other	15359
vehicles or wheeled machinery, but has no provisions for carrying	15360
loads independently of such other vehicles, and that is used	15361
principally for agricultural purposes.	15362

(D) "Commercial tractor," except as defined in division (C)	15363
of this section, means any motor vehicle that has motive power and	15364
either is designed or used for drawing other motor vehicles, or is	15365
designed or used for drawing another motor vehicle while carrying	15366
a portion of the other motor vehicle or its load, or both.	15367

(E) "Passenger car" means any motor vehicle that is designed	15368
and used for carrying not more than nine persons and includes any	15369
motor vehicle that is designed and used for carrying not more than	15370
fifteen persons in a ridesharing arrangement.	15371

(F) "Collector's vehicle" means any motor vehicle or	15372
agricultural tractor or traction engine that is of special	15373
interest, that has a fair market value of one hundred dollars or	15374
more, whether operable or not, and that is owned, operated,	15375
collected, preserved, restored, maintained, or used essentially as	15376
a collector's item, leisure pursuit, or investment, but not as the	15377
owner's principal means of transportation. "Licensed collector's	15378
vehicle" means a collector's vehicle, other than an agricultural	15379
tractor or traction engine, that displays current, valid license	15380
tags issued under section 4503.45 of the Revised Code, or a	15381
similar type of motor vehicle that displays current, valid license	15382
tags issued under substantially equivalent provisions in the laws	15383
of other states.	15384

(G) "Historical motor vehicle" means any motor vehicle that	15385
is over twenty-five years old and is owned solely as a collector's	15386
item and for participation in club activities, exhibitions, tours,	15387
parades, and similar uses, but that in no event is used for	15388
general transportation.	15389

(H) "Noncommercial motor vehicle" means any motor vehicle,	15390
including a farm truck as defined in section 4503.04 of the	15391
Revised Code, that is designed by the manufacturer to carry a load	15392
of no more than one ton and is used exclusively for purposes other	15393
than engaging in business for profit.	15394

(I) "Bus" means any motor vehicle that has motor power and is	15395
designed and used for carrying more than nine passengers, except	15396
any motor vehicle that is designed and used for carrying not more	15397
than fifteen passengers in a ridesharing arrangement.	15398

(J) "Commercial car" or "truck" means any motor vehicle that	15399
has motor power and is designed and used for carrying merchandise	15400
or freight, or that is used as a commercial tractor.	15401

(K) "Bicycle" means every device, other than a ~~tricycle~~	15402
device that is designed solely for use as a play vehicle by a	15403
child, that is propelled solely by human power upon which ~~any~~a	15404
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	15405
~~wheel in front and two wheels in the rear, or two wheels in the~~	15406
~~front and one wheel in the rear,~~ any of which is more than	15407
fourteen inches in diameter.	15408

(L) "Motorized bicycle" or "moped" means any vehicle that	15409
either has two tandem wheels or one wheel in the front and two	15410
wheels in the rear, that may be pedaled, and that is equipped with	15411
a helper motor of not more than fifty cubic centimeters piston	15412
displacement that produces no more than one brake horsepower and	15413
is capable of propelling the vehicle at a speed of no greater than	15414
twenty miles per hour on a level surface.	15415

(M) "Trailer" means any vehicle without motive power that is	15416
designed or used for carrying property or persons wholly on its	15417
own structure and for being drawn by a motor vehicle, and includes	15418
any such vehicle that is formed by or operated as a combination of	15419
a semitrailer and a vehicle of the dolly type such as that	15420
commonly known as a trailer dolly, a vehicle used to transport	15421
agricultural produce or agricultural production materials between	15422
a local place of storage or supply and the farm when drawn or	15423
towed on a public road or highway at a speed greater than	15424
twenty-five miles per hour, and a vehicle that is designed and	15425
used exclusively to transport a boat between a place of storage	15426
and a marina, or in and around a marina, when drawn or towed on a	15427
public road or highway for a distance of more than ten miles or at	15428
a speed of more than twenty-five miles per hour. "Trailer" does	15429
not include a manufactured home or travel trailer.	15430

(N) "Noncommercial trailer" means any trailer, except a	15431
travel trailer or trailer that is used to transport a boat as	15432
described in division (B) of this section, but, where applicable,	15433
includes a vehicle that is used to transport a boat as described	15434
in division (M) of this section, that has a gross weight of no	15435
more than ten thousand pounds, and that is used exclusively for	15436
purposes other than engaging in business for a profit, such as the	15437
transportation of personal items for personal or recreational	15438
purposes.	15439

(O) "Mobile home" means a building unit or assembly of closed	15440
construction that is fabricated in an off-site facility, is more	15441
than thirty-five body feet in length or, when erected on site, is	15442
three hundred twenty or more square feet, is built on a permanent	15443
chassis, is transportable in one or more sections, and does not	15444
qualify as a manufactured home as defined in division (C)(4) of	15445
section 3781.06 of the Revised Code or as an industrialized unit	15446
as defined in division (C)(3) of section 3781.06 of the Revised	15447
Code.	15448

(P) "Semitrailer" means any vehicle of the trailer type that	15449
does not have motive power and is so designed or used with another	15450
and separate motor vehicle that in operation a part of its own	15451
weight or that of its load, or both, rests upon and is carried by	15452
the other vehicle furnishing the motive power for propelling	15453
itself and the vehicle referred to in this division, and includes,	15454
for the purpose only of registration and taxation under those	15455
chapters, any vehicle of the dolly type, such as a trailer dolly,	15456
that is designed or used for the conversion of a semitrailer into	15457
a trailer.	15458

(Q) "Recreational vehicle" means a vehicular portable	15459
structure that meets all of the following conditions:	15460

(1) It is designed for the sole purpose of recreational	15461
travel.	15462

(2) It is not used for the purpose of engaging in business	15463
for profit.	15464

(3) It is not used for the purpose of engaging in intrastate	15465
commerce.	15466

(4) It is not used for the purpose of commerce as defined in	15467
49 C.F.R. 383.5, as amended.	15468

(5) It is not regulated by the public utilities commission	15469
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	15470

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

15471

(a) "Travel trailer" or "house vehicle" means a	15472
nonself-propelled recreational vehicle that does not exceed an	15473
overall length of forty feet, exclusive of bumper and tongue or	15474
coupling. "Travel trailer" includes a tent-type fold-out camping	15475
trailer as defined in section 4517.01 of the Revised Code.	15476

(b) "Motor home" means a self-propelled recreational vehicle	15477
that has no fifth wheel and is constructed with permanently	15478
installed facilities for cold storage, cooking and consuming of	15479
food, and for sleeping.	15480

(c) "Truck camper" means a nonself-propelled recreational	15481
vehicle that does not have wheels for road use and is designed to	15482
be placed upon and attached to a motor vehicle. "Truck camper"	15483
does not include truck covers that consist of walls and a roof,	15484
but do not have floors and facilities enabling them to be used as	15485
a dwelling.	15486

(d) "Fifth wheel trailer" means a vehicle that is of such	15487
size and weight as to be movable without a special highway permit,	15488
that is constructed with a raised forward section that allows a	15489
bi-level floor plan, and that is designed to be towed by a vehicle	15490
equipped with a fifth-wheel hitch ordinarily installed in the bed	15491
of a truck.	15492

(e) "Park trailer" means a vehicle that is commonly known as	15493
a park model recreational vehicle, meets the American national	15494
standard institute standard A119.5 (1988) for park trailers, is	15495
built on a single chassis, has a gross trailer area of four	15496
hundred square feet or less when set up, is designed for seasonal	15497
or temporary living quarters, and may be connected to utilities	15498
necessary for the operation of installed features and appliances.	15499

(R) "Pneumatic tires" means tires of rubber and fabric or	15500
tires of similar material, that are inflated with air.	15501

(S) "Solid tires" means tires of rubber or similar elastic	15502
material that are not dependent upon confined air for support of	15503
the load.	15504

(T) "Solid tire vehicle" means any vehicle that is equipped	15505
with two or more solid tires.	15506

(U) "Farm machinery" means all machines and tools that are	15507
used in the production, harvesting, and care of farm products, and	15508
includes trailers that are used to transport agricultural produce	15509
or agricultural production materials between a local place of	15510
storage or supply and the farm, agricultural tractors, threshing	15511
machinery, hay-baling machinery, corn shellers, hammermills, and	15512
machinery used in the production of horticultural, agricultural,	15513
and vegetable products.	15514

(V) "Owner" includes any person or firm, other than a	15515
manufacturer or dealer, that has title to a motor vehicle, except	15516
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	15517
includes in addition manufacturers and dealers.	15518

(W) "Manufacturer" and "dealer" include all persons and firms	15519
that are regularly engaged in the business of manufacturing,	15520
selling, displaying, offering for sale, or dealing in motor	15521
vehicles, at an established place of business that is used	15522
exclusively for the purpose of manufacturing, selling, displaying,	15523
offering for sale, or dealing in motor vehicles. A place of	15524
business that is used for manufacturing, selling, displaying,	15525
offering for sale, or dealing in motor vehicles shall be deemed to	15526
be used exclusively for those purposes even though snowmobiles or	15527
all-purpose vehicles are sold or displayed for sale thereat, even	15528
though farm machinery is sold or displayed for sale thereat, or	15529
even though repair, accessory, gasoline and oil, storage, parts,	15530
service, or paint departments are maintained thereat, or, in any	15531
county having a population of less than seventy-five thousand at	15532
the last federal census, even though a department in a place of	15533
business is used to dismantle, salvage, or rebuild motor vehicles	15534
by means of used parts, if such departments are operated for the	15535
purpose of furthering and assisting in the business of	15536
manufacturing, selling, displaying, offering for sale, or dealing	15537
in motor vehicles. Places of business or departments in a place of	15538
business used to dismantle, salvage, or rebuild motor vehicles by	15539
means of using used parts are not considered as being maintained	15540
for the purpose of assisting or furthering the manufacturing,	15541
selling, displaying, and offering for sale or dealing in motor	15542
vehicles.	15543

(X) "Operator" includes any person who drives or operates a	15544
motor vehicle upon the public highways.	15545

(Y) "Chauffeur" means any operator who operates a motor	15546
vehicle, other than a taxicab, as an employee for hire; or any	15547
operator whether or not the owner of a motor vehicle, other than a	15548
taxicab, who operates such vehicle for transporting, for gain,	15549
compensation, or profit, either persons or property owned by	15550
another. Any operator of a motor vehicle who is voluntarily	15551
involved in a ridesharing arrangement is not considered an	15552
employee for hire or operating such vehicle for gain,	15553
compensation, or profit.	15554

(Z) "State" includes the territories and federal districts of	15555
the United States, and the provinces of Canada.	15556

(AA) "Public roads and highways" for vehicles includes all	15557
public thoroughfares, bridges, and culverts.	15558

(BB) "Manufacturer's number" means the manufacturer's	15559
original serial number that is affixed to or imprinted upon the	15560
chassis or other part of the motor vehicle.	15561

(CC) "Motor number" means the manufacturer's original number	15562
that is affixed to or imprinted upon the engine or motor of the	15563
vehicle.	15564

(DD) "Distributor" means any person who is authorized by a	15565
motor vehicle manufacturer to distribute new motor vehicles to	15566
licensed motor vehicle dealers at an established place of business	15567
that is used exclusively for the purpose of distributing new motor	15568
vehicles to licensed motor vehicle dealers, except when the	15569
distributor also is a new motor vehicle dealer, in which case the	15570
distributor may distribute at the location of the distributor's	15571
licensed dealership.	15572

(EE) "Ridesharing arrangement" means the transportation of	15573
persons in a motor vehicle where the transportation is incidental	15574
to another purpose of a volunteer driver and includes ridesharing	15575
arrangements known as carpools, vanpools, and buspools.	15576

(FF) "Apportionable vehicle" means any vehicle that is used	15577
or intended for use in two or more international registration plan	15578
member jurisdictions that allocate or proportionally register	15579
vehicles, that is used for the transportation of persons for hire	15580
or designed, used, or maintained primarily for the transportation	15581
of property, and that meets any of the following qualifications:	15582

(1) Is a power unit having a gross vehicle weight in excess	15583
of twenty-six thousand pounds;	15584

(2) Is a power unit having three or more axles, regardless of	15585
the gross vehicle weight;	15586

(3) Is a combination vehicle with a gross vehicle weight in	15587
excess of twenty-six thousand pounds.	15588

"Apportionable vehicle" does not include recreational	15589
vehicles, vehicles displaying restricted plates, city pick-up and	15590
delivery vehicles, buses used for the transportation of chartered	15591
parties, or vehicles owned and operated by the United States, this	15592
state, or any political subdivisions thereof.	15593

(GG) "Chartered party" means a group of persons who contract	15594
as a group to acquire the exclusive use of a passenger-carrying	15595
motor vehicle at a fixed charge for the vehicle in accordance with	15596
the carrier's tariff, lawfully on file with the United States	15597
department of transportation, for the purpose of group travel to a	15598
specified destination or for a particular itinerary, either agreed	15599
upon in advance or modified by the chartered group after having	15600
left the place of origin.	15601

(HH) "International registration plan" means a reciprocal	15602
agreement of member jurisdictions that is endorsed by the American	15603
association of motor vehicle administrators, and that promotes and	15604
encourages the fullest possible use of the highway system by	15605
authorizing apportioned registration of fleets of vehicles and	15606
recognizing registration of vehicles apportioned in member	15607
jurisdictions.	15608

(II) "Restricted plate" means a license plate that has a	15609
restriction of time, geographic area, mileage, or commodity, and	15610
includes license plates issued to farm trucks under division (J)	15611
of section 4503.04 of the Revised Code.	15612

(JJ) "Gross vehicle weight," with regard to any commercial	15613
car, trailer, semitrailer, or bus that is taxed at the rates	15614
established under section 4503.042 or 4503.65 of the Revised Code,	15615
means the unladen weight of the vehicle fully equipped plus the	15616
maximum weight of the load to be carried on the vehicle.	15617

(KK) "Combined gross vehicle weight" with regard to any	15618
combination of a commercial car, trailer, and semitrailer, that is	15619
taxed at the rates established under section 4503.042 or 4503.65	15620
of the Revised Code, means the total unladen weight of the	15621
combination of vehicles fully equipped plus the maximum weight of	15622
the load to be carried on that combination of vehicles.	15623

(LL) "Chauffeured limousine" means a motor vehicle that is	15624
designed to carry nine or fewer passengers and is operated for	15625
hire on an hourly basis pursuant to a prearranged contract for the	15626
transportation of passengers on public roads and highways along a	15627
route under the control of the person hiring the vehicle and not	15628
over a defined and regular route. "Prearranged contract" means an	15629
agreement, made in advance of boarding, to provide transportation	15630
from a specific location in a chauffeured limousine at a fixed	15631
rate per hour or trip. "Chauffeured limousine" does not include	15632
any vehicle that is used exclusively in the business of funeral	15633
directing.	15634

(MM) "Manufactured home" has the same meaning as in division	15635
(C)(4) of section 3781.06 of the Revised Code.	15636

(NN) "Acquired situs," with respect to a manufactured home or	15637
a mobile home, means to become located in this state by the	15638
placement of the home on real property, but does not include the	15639
placement of a manufactured home or a mobile home in the inventory	15640
of a new motor vehicle dealer or the inventory of a manufacturer,	15641
remanufacturer, or distributor of manufactured or mobile homes.	15642

(OO) "Electronic" includes electrical, digital, magnetic,	15643
optical, electromagnetic, or any other form of technology that	15644
entails capabilities similar to these technologies.	15645

(PP) "Electronic record" means a record generated,	15646
communicated, received, or stored by electronic means for use in	15647
an information system or for transmission from one information	15648
system to another.	15649

(QQ) "Electronic signature" means a signature in electronic	15650
form attached to or logically associated with an electronic	15651
record.	15652

(RR) "Financial transaction device" has the same meaning as	15653
in division (A) of section 113.40 of the Revised Code.	15654

(SS) "Electronic motor vehicle dealer" means a motor vehicle	15655
dealer licensed under Chapter 4517. of the Revised Code whom the	15656
registrar of motor vehicles determines meets the criteria	15657
designated in section 4503.035 of the Revised Code for electronic	15658
motor vehicle dealers and designates as an electronic motor	15659
vehicle dealer under that section.	15660

(TT) "Electric personal assistive mobility device" means a	15661
self-balancing two non-tandem wheeled device that is designed to	15662
transport only one person, has an electric propulsion system of an	15663
average of seven hundred fifty watts, and when ridden on a paved	15664
level surface by an operator who weighs one hundred seventy pounds	15665
has a maximum speed of less than twenty miles per hour.	15666

(UU) "Limited driving privileges" means the privilege to	15667
operate a motor vehicle that a court grants under section 4510.021	15668
of the Revised Code to a person whose driver's or commercial	15669
driver's license or permit or nonresident operating privilege has	15670
been suspended.	15671

(VV) "Utility vehicle" means a self-propelled vehicle	15672
designed with a bed, principally for the purpose of transporting	15673
material or cargo in connection with construction, agricultural,	15674
forestry, grounds maintenance, lawn and garden, materials	15675
handling, or similar activities.	15676

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	15677
vehicle with an attainable speed in one mile on a paved level	15678
surface of more than twenty miles per hour but not more than	15679
twenty-five miles per hour and with a gross vehicle weight rating	15680
less than three thousand pounds.	15681

(XX) "Under-speed vehicle" means a three- or four-wheeled	15682
vehicle, including a vehicle commonly known as a golf cart, with	15683
an attainable speed on a paved level surface of not more than	15684
twenty miles per hour and with a gross vehicle weight rating less	15685
than three thousand pounds.	15686

(YY) "Motor-driven cycle or motor scooter" means any vehicle	15687
designed to travel on not more than three wheels in contact with	15688
the ground, with a seat for the driver and floor pad for the	15689
driver's feet, and is equipped with a motor with a piston	15690
displacement between fifty and one hundred fifty cubic centimeters	15691
piston displacement that produces not more than five brake	15692
horsepower and is capable of propelling the vehicle at a speed	15693
greater than twenty miles per hour on a level surface.	15694

(ZZ) "Motorcycle" means a motor vehicle with motive power	15695
having a seat or saddle for the use of the operator, designed to	15696
travel on not more than three wheels in contact with the ground,	15697
and having no occupant compartment top or occupant compartment top	15698
that can be installed or removed by the user.	15699

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	15700
motive power having a seat or saddle for the use of the operator,	15701
designed to travel on not more than three wheels in contact with	15702
the ground, and having an occupant compartment top or an occupant	15703
compartment top that can be installed or removed by the user.	15704

(BBB) "Mini-truck" means a vehicle that has four wheels, is	15705
propelled by an electric motor with a rated power of seven	15706
thousand five hundred watts or less or an internal combustion	15707
engine with a piston displacement capacity of six hundred sixty	15708
cubic centimeters or less, has a total dry weight of nine hundred	15709
to two thousand two hundred pounds, contains an enclosed cabin and	15710
a seat for the vehicle operator, resembles a pickup truck or van	15711
with a cargo area or bed located at the rear of the vehicle, and	15712
was not originally manufactured to meet federal motor vehicle	15713
safety standards.	15714

Sec. 4503.04. Except as provided in sections 4503.042 and	15715
4503.65 of the Revised Code for the registration of commercial	15716
cars, trailers, semitrailers, and certain buses, the rates of the	15717
taxes imposed by section 4503.02 of the Revised Code shall be as	15718
follows:	15719

(A)(1) For motor vehicles having three wheels or less, the	15720
license tax is:	15721

(a) For each motorized bicycle or moped, ten dollars;

15722

(b) For each motorcycle, cab-enclosed motorcycle,	15723
motor-driven cycle, or motor scooter, fourteen dollars.	15724

(2) For each low-speed, under-speed, and utility vehicle, and	15725
each mini-truck, ten dollars.	15726

(B) For each passenger car, twenty dollars;

15727

(C) For each manufactured home, each mobile home, and each	15728
travel trailer or house vehicle, ten dollars;	15729

(D) For each noncommercial motor vehicle designed by the	15730
manufacturer to carry a load of no more than three-quarters of one	15731
ton and for each motor home, thirty-five dollars; for each	15732
noncommercial motor vehicle designed by the manufacturer to carry	15733
a load of more than three-quarters of one ton, but not more than	15734
one ton, seventy dollars;	15735

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

15736

(1) Eighty-five cents for each one hundred pounds or part	15737
thereof for the first two thousand pounds or part thereof of	15738
weight of vehicle fully equipped;	15739

(2) One dollar and forty cents for each one hundred pounds or	15740
part thereof in excess of two thousand pounds up to and including	15741
ten thousand pounds.	15742

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

15743

(1) Vehicle equipped, owned, and used by a charitable or	15744
nonprofit corporation exclusively for the purpose of administering	15745
chest x-rays or receiving blood donations;	15746

(2) Van used principally for the transportation of	15747
handicapped persons that has been modified by being equipped with	15748
adaptive equipment to facilitate the movement of such persons into	15749
and out of the van;	15750

(3) Bus used principally for the transportation of	15751
handicapped persons or persons sixty-five years of age or older.	15752

(G) Notwithstanding its weight, twenty dollars for any bus	15753
used principally for the transportation of persons in a	15754
ridesharing arrangement.	15755

(H) For each transit bus having motor power the license tax	15756
is twelve dollars.	15757

"Transit bus" means either a motor vehicle having a seating	15758
capacity of more than seven persons which is operated and used by	15759
any person in the rendition of a public mass transportation	15760
service primarily in a municipal corporation or municipal	15761
corporations and provided at least seventy-five per cent of the	15762
annual mileage of such service and use is within such municipal	15763
corporation or municipal corporations or a motor vehicle having a	15764
seating capacity of more than seven persons which is operated	15765
solely for the transportation of persons associated with a	15766
charitable or nonprofit corporation, but does not mean any motor	15767
vehicle having a seating capacity of more than seven persons when	15768
such vehicle is used in a ridesharing capacity or any bus	15769
described by division (F)(3) of this section.	15770

The application for registration of such transit bus shall be	15771
accompanied by an affidavit prescribed by the registrar of motor	15772
vehicles and signed by the person or an agent of the firm or	15773
corporation operating such bus stating that the bus has a seating	15774
capacity of more than seven persons, and that it is either to be	15775
operated and used in the rendition of a public mass transportation	15776
service and that at least seventy-five per cent of the annual	15777
mileage of such operation and use shall be within one or more	15778
municipal corporations or that it is to be operated solely for the	15779
transportation of persons associated with a charitable or	15780
nonprofit corporation.	15781

The form of the license plate, and the manner of its	15782
attachment to the vehicle, shall be prescribed by the registrar of	15783
motor vehicles.	15784

(I) Except as otherwise provided in division (A) or (J) of	15785
this section, the minimum tax for any vehicle having motor power	15786
is ten dollars and eighty cents, and for each noncommercial	15787
trailer, five dollars.	15788

(J)(1) Except as otherwise provided in division (J) of this	15789
section, for each farm truck, except a noncommercial motor	15790
vehicle, that is owned, controlled, or operated by one or more	15791
farmers exclusively in farm use as defined in this section, and	15792
not for commercial purposes, and provided that at least	15793
seventy-five per cent of such farm use is by or for the one or	15794
more owners, controllers, or operators of the farm in the	15795
operation of which a farm truck is used, the license tax is five	15796
dollars plus:	15797

(a) Fifty cents per one hundred pounds or part thereof for	15798
the first three thousand pounds;	15799

(b) Seventy cents per one hundred pounds or part thereof in	15800
excess of three thousand pounds up to and including four thousand	15801
pounds;	15802

(c) Ninety cents per one hundred pounds or part thereof in	15803
excess of four thousand pounds up to and including six thousand	15804
pounds;	15805

(d) Two dollars for each one hundred pounds or part thereof	15806
in excess of six thousand pounds up to and including ten thousand	15807
pounds;	15808

(e) Two dollars and twenty-five cents for each one hundred	15809
pounds or part thereof in excess of ten thousand pounds;	15810

(f) The minimum license tax for any farm truck shall be	15811
twelve dollars.	15812

(2) The owner of a farm truck may register the truck for a	15813
period of one-half year by paying one-half the registration tax	15814
imposed on the truck under this chapter and one-half the amount of	15815
any tax imposed on the truck under Chapter 4504. of the Revised	15816
Code.	15817

(3) A farm bus may be registered for a period of ~~ninety~~two	15818
hundred ten days from the date of issue of the license plates for	15819
the bus, for a fee of ten dollars, provided such license plates	15820
shall not be issued for more than ~~any two ninety-day periods~~one	15821
such period in any calendar year. Such use does not include the	15822
operation of trucks by commercial processors of agricultural	15823
products.	15824

(4) License plates for farm trucks and for farm buses shall	15825
have some distinguishing marks, letters, colors, or other	15826
characteristics to be determined by the director of public safety.	15827

(5) Every person registering a farm truck or bus under this	15828
section shall furnish an affidavit certifying that the truck or	15829
bus licensed to that person is to be so used as to meet the	15830
requirements necessary for the farm truck or farm bus	15831
classification.	15832

Any farmer may use a truck owned by the farmer for commercial	15833
purposes by paying the difference between the commercial truck	15834
registration fee and the farm truck registration fee for the	15835
remaining part of the registration period for which the truck is	15836
registered. Such remainder shall be calculated from the beginning	15837
of the semiannual period in which application for such commercial	15838
license is made.	15839

Taxes at the rates provided in this section are in lieu of	15840
all taxes on or with respect to the ownership of such motor	15841
vehicles, except as provided in section 4503.042 and section	15842
4503.06 of the Revised Code.	15843

(K) Other than trucks registered under the international	15844
registration plan in another jurisdiction and for which this state	15845
has received an apportioned registration fee, the license tax for	15846
each truck which is owned, controlled, or operated by a	15847
nonresident, and licensed in another state, and which is used	15848
exclusively for the transportation of nonprocessed agricultural	15849
products intrastate, from the place of production to the place of	15850
processing, is twenty-four dollars.	15851

"Truck," as used in this division, means any pickup truck,	15852
straight truck, semitrailer, or trailer other than a travel	15853
trailer. Nonprocessed agricultural products, as used in this	15854
division, does not include livestock or grain.	15855

A license issued under this division shall be issued for a	15856
period of one hundred thirty days in the same manner in which all	15857
other licenses are issued under this section, provided that no	15858
truck shall be so licensed for more than one	15859
one-hundred-thirty-day period during any calendar year.	15860

The license issued pursuant to this division shall consist of	15861
a windshield decal to be designed by the director of public	15862
safety.	15863

Every person registering a truck under this division shall	15864
furnish an affidavit certifying that the truck licensed to the	15865
person is to be used exclusively for the purposes specified in	15866
this division.	15867

(L) Every person registering a motor vehicle as a	15868
noncommercial motor vehicle as defined in section 4501.01 of the	15869
Revised Code, or registering a trailer as a noncommercial trailer	15870
as defined in that section, shall furnish an affidavit certifying	15871
that the motor vehicle or trailer so licensed to the person is to	15872
be so used as to meet the requirements necessary for the	15873
noncommercial vehicle classification.	15874

(M) Every person registering a van or bus as provided in	15875
divisions (F)(2) and (3) of this section shall furnish a notarized	15876
statement certifying that the van or bus licensed to the person is	15877
to be used for the purposes specified in those divisions. The form	15878
of the license plate issued for such motor vehicles shall be	15879
prescribed by the registrar.	15880

(N) Every person registering as a passenger car a motor	15881
vehicle designed and used for carrying more than nine but not more	15882
than fifteen passengers, and every person registering a bus as	15883
provided in division (G) of this section, shall furnish an	15884
affidavit certifying that the vehicle so licensed to the person is	15885
to be used in a ridesharing arrangement and that the person will	15886
have in effect whenever the vehicle is used in a ridesharing	15887
arrangement a policy of liability insurance with respect to the	15888
motor vehicle in amounts and coverages no less than those required	15889
by section 4509.79 of the Revised Code. The form of the license	15890
plate issued for such a motor vehicle shall be prescribed by the	15891
registrar.	15892

(O)(1) Commencing on October 1, 2009, if an application for	15893
registration renewal is not applied for prior to the expiration	15894
date of the registration or within ~~seven~~thirty days after that	15895
date, the registrar or deputy registrar shall collect a fee of	15896
~~twenty~~ten dollars for the issuance of the vehicle registration.	15897
For any motor vehicle that is used on a seasonal basis, whether	15898
used for general transportation or not, and that has not been used	15899
on the public roads or highways since the expiration of the	15900
registration, the registrar or deputy registrar shall waive the	15901
fee established under this division if the application is	15902
accompanied by supporting evidence of seasonal use as the	15903
registrar may require. The registrar or deputy registrar may waive	15904
the fee for other good cause shown if the application is	15905
accompanied by supporting evidence as the registrar may require.	15906
The fee shall be in addition to all other fees established by this	15907
section. A deputy registrar shall retain fifty cents of the fee	15908
and shall transmit the remaining amount to the registrar at the	15909
time and in the manner provided by section 4503.10 of the Revised	15910
Code. The registrar shall deposit all moneys received under this	15911
division into the state highway safety fund established in section	15912
4501.06 of the Revised Code.	15913

(2) Division (O)(1) of this section does not apply to a farm	15914
truck or farm bus registered under division (J) of this section.	15915

(P) As used in this section:

15916

(1) "Van" means any motor vehicle having a single rear axle	15917
and an enclosed body without a second seat.	15918

(2) "Handicapped person" means any person who has lost the	15919
use of one or both legs, or one or both arms, or is blind, deaf,	15920
or so severely disabled as to be unable to move about without the	15921
aid of crutches or a wheelchair.	15922

(3) "Farm truck" means a truck used in the transportation	15923
from the farm of products of the farm, including livestock and its	15924
products, poultry and its products, floricultural and	15925
horticultural products, and in the transportation to the farm of	15926
supplies for the farm, including tile, fence, and every other	15927
thing or commodity used in agricultural, floricultural,	15928
horticultural, livestock, and poultry production and livestock,	15929
poultry, and other animals and things used for breeding, feeding,	15930
or other purposes connected with the operation of the farm.	15931

(4) "Farm bus" means a bus used only for the transportation	15932
of agricultural employees and used only in the transportation of	15933
such employees as are necessary in the operation of the farm.	15934

(5) "Farm supplies" includes fuel used exclusively in the	15935
operation of a farm, including one or more homes located on and	15936
used in the operation of one or more farms, and furniture and	15937
other things used in and around such homes.	15938

Sec. 4503.22. The identification license plate shall consist	15939
of a placard upon the face of which shall appear the distinctive	15940
number assigned to the motor vehicle as provided in section	15941
4503.19 of the Revised Code, in Arabic numerals or letters, or	15942
both. The dimensions of the numerals or letters and of each stroke	15943
shall be determined by the director of public safety. The license	15944
placard also shall contain the name of this state and the slogan	15945
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	15946
aluminum, plastic, or any other suitable material, and the	15947
background shall be treated with a reflective material that shall	15948
provide effective and dependable reflective brightness during the	15949
service period required of the placard. Specifications for the	15950
reflective and other materials and the design of the placard, the	15951
county identification stickers as provided by section 4503.19 of	15952
the Revised Code, and validation stickers as provided by section	15953
4503.191 of the Revised Code, shall be adopted by the director as	15954
rules under sections 119.01 to 119.13 of the Revised Code. The	15955
identification license plate of motorized bicycles or mopeds,	15956
motor-driven cycles or motor scooters, cab-enclosed motorcycles,	15957
and motorcycles shall consist of a single placard, the size of	15958
which shall be prescribed by the director. The identification	15959
plate of a vehicle registered in accordance with the international	15960
registration plan shall contain the word "apportioned." The	15961
director may prescribe the type of placard, or means of fastening	15962
the placard, or both; the placard or means of fastening may be so	15963
designed and constructed as to render difficult the removal of the	15964
placard after it has been fastened to a motor vehicle.	15965

Sec. 4507.05. (A) The registrar of motor vehicles, or a	15966
deputy registrar, upon receiving an application for a temporary	15967
instruction permit and a temporary instruction permit	15968
identification card for a driver's license from any person who is	15969
at least fifteen years six months of age, may issue such a permit	15970
and identification card entitling the applicant to drive a motor	15971
vehicle, other than a commercial motor vehicle, upon the highways	15972
under the following conditions:	15973

(1) If the permit is issued to a person who is at least	15974
fifteen years six months of age, but less than sixteen years of	15975
age:	15976

(a) The permit and identification card are in the holder's	15977
immediate possession;	15978

(b) The holder is accompanied by an eligible adult who	15979
actually occupies the seat beside the permit holder and does not	15980
have a prohibited concentration of alcohol in the whole blood,	15981
blood serum or plasma, breath, or urine as provided in division	15982
(A) of section 4511.19 of the Revised Code;	15983

(c) The total number of occupants of the vehicle does not	15984
exceed the total number of occupant restraining devices originally	15985
installed in the motor vehicle by its manufacturer, and each	15986
occupant of the vehicle is wearing all of the available elements	15987
of a properly adjusted occupant restraining device.	15988

(2) If the permit is issued to a person who is at least	15989
sixteen years of age:	15990

(a) The permit and identification card are in the holder's	15991
immediate possession;	15992

(b) The holder is accompanied by a licensed operator who is	15993
at least twenty-one years of age, is actually occupying a seat	15994
beside the driver, and does not have a prohibited concentration of	15995
alcohol in the whole blood, blood serum or plasma, breath, or	15996
urine as provided in division (A) of section 4511.19 of the	15997
Revised Code;	15998

(c) The total number of occupants of the vehicle does not	15999
exceed the total number of occupant restraining devices originally	16000
installed in the motor vehicle by its manufacturer, and each	16001
occupant of the vehicle is wearing all of the available elements	16002
of a properly adjusted occupant restraining device.	16003

(B) The registrar or a deputy registrar, upon receiving from	16004
any person an application for a temporary instruction permit and	16005
temporary instruction permit identification card to operate a	16006
motorcycle, motor-driven cycle or motor scooter, or motorized	16007
bicycle, may issue such a permit and identification card entitling	16008
the applicant, while having the permit and identification card in	16009
the applicant's immediate possession, to drive a motorcycle or	16010
motor-driven cycle or motor scooter, under the restrictions	16011
prescribed in section 4511.53 of the Revised Code, or to drive a	16012
motorized bicycle under restrictions determined by the registrar.	16013
A temporary instruction permit and temporary instruction permit	16014
identification card to operate a motorized bicycle may be issued	16015
to a person fourteen or fifteen years old.	16016

(C) Any permit and identification card issued under this	16017
section shall be issued in the same manner as a driver's license,	16018
upon a form to be furnished by the registrar. A temporary	16019
instruction permit to drive a motor vehicle other than a	16020
commercial motor vehicle shall be valid for a period of one year.	16021

(D) Any person having in the person's possession a valid and	16022
current driver's license or motorcycle operator's license or	16023
endorsement issued to the person by another jurisdiction	16024
recognized by this state is exempt from obtaining a temporary	16025
instruction permit for a driver's license~~, but shall submit~~and	16026
from submitting to the examination for a temporary instruction	16027
permit and the regular examination infor obtaining a driver's	16028
license or motorcycle operator's endorsement in this state if the	16029
person does all of the following:	16030

(1) Submits to and passes vision screening as provided in	16031
section 4507.12 of the Revised Code;	16032

(2) Surrenders to the registrar or deputy registrar the	16033
person's driver's license issued by the other jurisdiction; and	16034

(3) Complies with all other applicable requirements for	16035
issuance by this state of a driver's license, driver's license	16036
with a motorcycle operator's endorsement, or restricted license to	16037
operate a motorcycle.	16038

If the person does not comply with all the requirements of	16039
this division, the person shall submit to the regular examination	16040
for obtaining a driver's license or motorcycle operator's	16041
endorsement in this state in order to obtain such a license or	16042
endorsement.	16043

(E) The registrar may adopt rules governing the use of	16044
temporary instruction permits and temporary instruction permit	16045
identification cards.	16046

(F)(1) No holder of a permit issued under division (A) of	16047
this section shall operate a motor vehicle upon a highway or any	16048
public or private property used by the public for purposes of	16049
vehicular travel or parking in violation of the conditions	16050
established under division (A) of this section.	16051

(2) Except as provided in division (F)(2) of this section, no	16052
holder of a permit that is issued under division (A) of this	16053
section and that is issued on or after July 1, 1998, and who has	16054
not attained the age of eighteen years, shall operate a motor	16055
vehicle upon a highway or any public or private property used by	16056
the public for purposes of vehicular travel or parking between the	16057
hours of midnight and six a.m.	16058

The holder of a permit issued under division (A) of this	16059
section on or after July 1, 1998, who has not attained the age of	16060
eighteen years, may operate a motor vehicle upon a highway or any	16061
public or private property used by the public for purposes of	16062
vehicular travel or parking between the hours of midnight and six	16063
a.m. if, at the time of such operation, the holder is accompanied	16064
by the holder's parent, guardian, or custodian, and the parent,	16065
guardian, or custodian holds a current valid driver's or	16066
commercial driver's license issued by this state, is actually	16067
occupying a seat beside the permit holder, and does not have a	16068
prohibited concentration of alcohol in the whole blood, blood	16069
serum or plasma, breath, or urine as provided in division (A) of	16070
section 4511.19 of the Revised Code.	16071

(G)(1) Notwithstanding any other provision of law to the	16072
contrary, no law enforcement officer shall cause the operator of a	16073
motor vehicle being operated on any street or highway to stop the	16074
motor vehicle for the sole purpose of determining whether each	16075
occupant of the motor vehicle is wearing all of the available	16076
elements of a properly adjusted occupant restraining device as	16077
required by division (A) of this section, or for the sole purpose	16078
of issuing a ticket, citation, or summons if the requirement in	16079
that division has been or is being violated, or for causing the	16080
arrest of or commencing a prosecution of a person for a violation	16081
of that requirement.	16082

(2) Notwithstanding any other provision of law to the	16083
contrary, no law enforcement officer shall cause the operator of a	16084
motor vehicle being operated on any street or highway to stop the	16085
motor vehicle for the sole purpose of determining whether a	16086
violation of division (F)(2) of this section has been or is being	16087
committed or for the sole purpose of issuing a ticket, citation,	16088
or summons for such a violation or for causing the arrest of or	16089
commencing a prosecution of a person for such violation.	16090

(H) As used in this section:

16091

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

16092

(a) An instructor of a driver training course approved by the	16093
department of public safety;	16094

(b) Any of the following persons who holds a current valid	16095
driver's or commercial driver's license issued by this state:	16096

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

16097

(ii) A person twenty-one years of age or older who acts in	16098
loco parentis of the permit holder.	16099

(2) "Occupant restraining device" has the same meaning as in	16100
section 4513.263 of the Revised Code.	16101

(I) Whoever violates division (F)(1) or (2) of this section	16102
is guilty of a minor misdemeanor.	16103

Sec. 4511.01. As used in this chapter and in Chapter 4513.	16104
of the Revised Code:	16105

(A) "Vehicle" means every device, including a motorized	16106
bicycle, in, upon, or by which any person or property may be	16107
transported or drawn upon a highway, except that "vehicle" does	16108
not include any motorized wheelchair, any electric personal	16109
assistive mobility device, any device that is moved by power	16110
collected from overhead electric trolley wires or that is used	16111
exclusively upon stationary rails or tracks, or any device, other	16112
than a bicycle, that is moved by human power.	16113

(B) "Motor vehicle" means every vehicle propelled or drawn by	16114
power other than muscular power or power collected from overhead	16115
electric trolley wires, except motorized bicycles, road rollers,	16116
traction engines, power shovels, power cranes, and other equipment	16117
used in construction work and not designed for or employed in	16118
general highway transportation, hole-digging machinery,	16119
well-drilling machinery, ditch-digging machinery, farm machinery,	16120
and trailers designed and used exclusively to transport a boat	16121
between a place of storage and a marina, or in and around a	16122
marina, when drawn or towed on a street or highway for a distance	16123
of no more than ten miles and at a speed of twenty-five miles per	16124
hour or less.	16125

(C) "Motorcycle" means every motor vehicle, other than a	16126
tractor, having a seat or saddle for the use of the operator and	16127
designed to travel on not more than three wheels in contact with	16128
the ground, including, but not limited to, motor vehicles known as	16129
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"	16130
or "motorcycle" without regard to weight or brake horsepower.	16131

(D) "Emergency vehicle" means emergency vehicles of	16132
municipal, township, or county departments or public utility	16133
corporations when identified as such as required by law, the	16134
director of public safety, or local authorities, and motor	16135
vehicles when commandeered by a police officer.	16136

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

16137

(1) Ambulances, including private ambulance companies under	16138
contract to a municipal corporation, township, or county, and	16139
private ambulances and nontransport vehicles bearing license	16140
plates issued under section 4503.49 of the Revised Code;	16141

(2) Motor vehicles used by public law enforcement officers or	16142
other persons sworn to enforce the criminal and traffic laws of	16143
the state;	16144

(3) Any motor vehicle when properly identified as required by	16145
the director of public safety, when used in response to fire	16146
emergency calls or to provide emergency medical service to ill or	16147
injured persons, and when operated by a duly qualified person who	16148
is a member of a volunteer rescue service or a volunteer fire	16149
department, and who is on duty pursuant to the rules or directives	16150
of that service. The state fire marshal shall be designated by the	16151
director of public safety as the certifying agency for all public	16152
safety vehicles described in division (E)(3) of this section.	16153

(4) Vehicles used by fire departments, including motor	16154
vehicles when used by volunteer fire fighters responding to	16155
emergency calls in the fire department service when identified as	16156
required by the director of public safety.	16157

Any vehicle used to transport or provide emergency medical	16158
service to an ill or injured person, when certified as a public	16159
safety vehicle, shall be considered a public safety vehicle when	16160
transporting an ill or injured person to a hospital regardless of	16161
whether such vehicle has already passed a hospital.	16162

(5) Vehicles used by the motor carrier enforcement unit for	16163
the enforcement of orders and rules of the public utilities	16164
commission as specified in section 5503.34 of the Revised Code.	16165

(F) "School bus" means every bus designed for carrying more	16166
than nine passengers that is owned by a public, private, or	16167
governmental agency or institution of learning and operated for	16168
the transportation of children to or from a school session or a	16169
school function, or owned by a private person and operated for	16170
compensation for the transportation of children to or from a	16171
school session or a school function, provided "school bus" does	16172
not include a bus operated by a municipally owned transportation	16173
system, a mass transit company operating exclusively within the	16174
territorial limits of a municipal corporation, or within such	16175
limits and the territorial limits of municipal corporations	16176
immediately contiguous to such municipal corporation, nor a common	16177
passenger carrier certified by the public utilities commission	16178
unless such bus is devoted exclusively to the transportation of	16179
children to and from a school session or a school function, and	16180
"school bus" does not include a van or bus used by a licensed	16181
child day-care center or type A family day-care home to transport	16182
children from the child day-care center or type A family day-care	16183
home to a school if the van or bus does not have more than fifteen	16184
children in the van or bus at any time.	16185

(G) "Bicycle" means every device, other than a ~~tricycle~~	16186
device that is designed solely for use as a play vehicle by a	16187
child, that is propelled solely by human power upon which ~~any~~a	16188
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	16189
~~or one wheel in the front and two wheels in the rear, or two~~	16190
~~wheels in the front and one wheel in the rear,~~ any of which is	16191
more than fourteen inches in diameter.	16192

(H) "Motorized bicycle" or "moped" means any vehicle having	16193
either two tandem wheels or one wheel in the front and two wheels	16194
in the rear, that may be pedaled, and that is equipped with a	16195
helper motor of not more than fifty cubic centimeters piston	16196
displacement that produces no more than one brake horsepower and	16197
is capable of propelling the vehicle at a speed of no greater than	16198
twenty miles per hour on a level surface.	16199

(I) "Commercial tractor" means every motor vehicle having	16200
motive power designed or used for drawing other vehicles and not	16201
so constructed as to carry any load thereon, or designed or used	16202
for drawing other vehicles while carrying a portion of such other	16203
vehicles, or load thereon, or both.	16204

(J) "Agricultural tractor" means every self-propelling	16205
vehicle designed or used for drawing other vehicles or wheeled	16206
machinery but having no provision for carrying loads independently	16207
of such other vehicles, and used principally for agricultural	16208
purposes.	16209

(K) "Truck" means every motor vehicle, except trailers and	16210
semitrailers, designed and used to carry property.	16211

(L) "Bus" means every motor vehicle designed for carrying	16212
more than nine passengers and used for the transportation of	16213
persons other than in a ridesharing arrangement, and every motor	16214
vehicle, automobile for hire, or funeral car, other than a taxicab	16215
or motor vehicle used in a ridesharing arrangement, designed and	16216
used for the transportation of persons for compensation.	16217

(M) "Trailer" means every vehicle designed or used for	16218
carrying persons or property wholly on its own structure and for	16219
being drawn by a motor vehicle, including any such vehicle when	16220
formed by or operated as a combination of a "semitrailer" and a	16221
vehicle of the dolly type, such as that commonly known as a	16222
"trailer dolly," a vehicle used to transport agricultural produce	16223
or agricultural production materials between a local place of	16224
storage or supply and the farm when drawn or towed on a street or	16225
highway at a speed greater than twenty-five miles per hour, and a	16226
vehicle designed and used exclusively to transport a boat between	16227
a place of storage and a marina, or in and around a marina, when	16228
drawn or towed on a street or highway for a distance of more than	16229
ten miles or at a speed of more than twenty-five miles per hour.	16230

(N) "Semitrailer" means every vehicle designed or used for	16231
carrying persons or property with another and separate motor	16232
vehicle so that in operation a part of its own weight or that of	16233
its load, or both, rests upon and is carried by another vehicle.	16234

(O) "Pole trailer" means every trailer or semitrailer	16235
attached to the towing vehicle by means of a reach, pole, or by	16236
being boomed or otherwise secured to the towing vehicle, and	16237
ordinarily used for transporting long or irregular shaped loads	16238
such as poles, pipes, or structural members capable, generally, of	16239
sustaining themselves as beams between the supporting connections.	16240

(P) "Railroad" means a carrier of persons or property	16241
operating upon rails placed principally on a private right-of-way.	16242

(Q) "Railroad train" means a steam engine or an electric or	16243
other motor, with or without cars coupled thereto, operated by a	16244
railroad.	16245

(R) "Streetcar" means a car, other than a railroad train, for	16246
transporting persons or property, operated upon rails principally	16247
within a street or highway.	16248

(S) "Trackless trolley" means every car that collects its	16249
power from overhead electric trolley wires and that is not	16250
operated upon rails or tracks.	16251

(T) "Explosives" means any chemical compound or mechanical	16252
mixture that is intended for the purpose of producing an explosion	16253
that contains any oxidizing and combustible units or other	16254
ingredients in such proportions, quantities, or packing that an	16255
ignition by fire, by friction, by concussion, by percussion, or by	16256
a detonator of any part of the compound or mixture may cause such	16257
a sudden generation of highly heated gases that the resultant	16258
gaseous pressures are capable of producing destructive effects on	16259
contiguous objects, or of destroying life or limb. Manufactured	16260
articles shall not be held to be explosives when the individual	16261
units contain explosives in such limited quantities, of such	16262
nature, or in such packing, that it is impossible to procure a	16263
simultaneous or a destructive explosion of such units, to the	16264
injury of life, limb, or property by fire, by friction, by	16265
concussion, by percussion, or by a detonator, such as fixed	16266
ammunition for small arms, firecrackers, or safety fuse matches.	16267

(U) "Flammable liquid" means any liquid that has a flash	16268
point of seventy degrees fahrenheit, or less, as determined by a	16269
tagliabue or equivalent closed cup test device.	16270

(V) "Gross weight" means the weight of a vehicle plus the	16271
weight of any load thereon.	16272

(W) "Person" means every natural person, firm,	16273
co-partnership, association, or corporation.	16274

(X) "Pedestrian" means any natural person afoot.

16275

(Y) "Driver or operator" means every person who drives or is	16276
in actual physical control of a vehicle, trackless trolley, or	16277
streetcar.	16278

(Z) "Police officer" means every officer authorized to direct	16279
or regulate traffic, or to make arrests for violations of traffic	16280
regulations.	16281

(AA) "Local authorities" means every county, municipal, and	16282
other local board or body having authority to adopt police	16283
regulations under the constitution and laws of this state.	16284

(BB) "Street" or "highway" means the entire width between the	16285
boundary lines of every way open to the use of the public as a	16286
thoroughfare for purposes of vehicular travel.	16287

(CC) "Controlled-access highway" means every street or	16288
highway in respect to which owners or occupants of abutting lands	16289
and other persons have no legal right of access to or from the	16290
same except at such points only and in such manner as may be	16291
determined by the public authority having jurisdiction over such	16292
street or highway.	16293

(DD) "Private road or driveway" means every way or place in	16294
private ownership used for vehicular travel by the owner and those	16295
having express or implied permission from the owner but not by	16296
other persons.	16297

(EE) "Roadway" means that portion of a highway improved,	16298
designed, or ordinarily used for vehicular travel, except the berm	16299
or shoulder. If a highway includes two or more separate roadways	16300
the term "roadway" means any such roadway separately but not all	16301
such roadways collectively.	16302

(FF) "Sidewalk" means that portion of a street between the	16303
curb lines, or the lateral lines of a roadway, and the adjacent	16304
property lines, intended for the use of pedestrians.	16305

(GG) "Laned highway" means a highway the roadway of which is	16306
divided into two or more clearly marked lanes for vehicular	16307
traffic.	16308

(HH) "Through highway" means every street or highway as	16309
provided in section 4511.65 of the Revised Code.	16310

(II) "State highway" means a highway under the jurisdiction	16311
of the department of transportation, outside the limits of	16312
municipal corporations, provided that the authority conferred upon	16313
the director of transportation in section 5511.01 of the Revised	16314
Code to erect state highway route markers and signs directing	16315
traffic shall not be modified by sections 4511.01 to 4511.79 and	16316
4511.99 of the Revised Code.	16317

(JJ) "State route" means every highway that is designated	16318
with an official state route number and so marked.	16319

(KK) "Intersection" means:

16320

(1) The area embraced within the prolongation or connection	16321
of the lateral curb lines, or, if none, the lateral boundary lines	16322
of the roadways of two highways that join one another at, or	16323
approximately at, right angles, or the area within which vehicles	16324
traveling upon different highways that join at any other angle	16325
might come into conflict. The junction of an alley or driveway	16326
with a roadway or highway does not constitute an intersection	16327
unless the roadway or highway at the junction is controlled by a	16328
traffic control device.	16329

(2) If a highway includes two roadways that are thirty feet	16330
or more apart, then every crossing of each roadway of such divided	16331
highway by an intersecting highway constitutes a separate	16332
intersection. If both intersecting highways include two roadways	16333
thirty feet or more apart, then every crossing of any two roadways	16334
of such highways constitutes a separate intersection.	16335

(3) At a location controlled by a traffic control signal,	16336
regardless of the distance between the separate intersections as	16337
described in division (KK)(2) of this section:	16338

(a) If a stop line, yield line, or crosswalk has not been	16339
designated on the roadway within the median between the separate	16340
intersections, the two intersections and the roadway and median	16341
constitute one intersection.	16342

(b) Where a stop line, yield line, or crosswalk line is	16343
designated on the roadway on the intersection approach, the area	16344
within the crosswalk and any area beyond the designated stop line	16345
or yield line constitute part of the intersection.	16346

(c) Where a crosswalk is designated on a roadway on the	16347
departure from the intersection, the intersection includes the	16348
area that extends to the far side of the crosswalk.	16349

(LL) "Crosswalk" means:

16350

(1) That part of a roadway at intersections ordinarily	16351
included within the real or projected prolongation of property	16352
lines and curb lines or, in the absence of curbs, the edges of the	16353
traversable roadway;	16354

(2) Any portion of a roadway at an intersection or elsewhere,	16355
distinctly indicated for pedestrian crossing by lines or other	16356
markings on the surface;	16357

(3) Notwithstanding divisions (LL)(1) and (2) of this	16358
section, there shall not be a crosswalk where local authorities	16359
have placed signs indicating no crossing.	16360

(MM) "Safety zone" means the area or space officially set	16361
apart within a roadway for the exclusive use of pedestrians and	16362
protected or marked or indicated by adequate signs as to be	16363
plainly visible at all times.	16364

(NN) "Business district" means the territory fronting upon a	16365
street or highway, including the street or highway, between	16366
successive intersections within municipal corporations where fifty	16367
per cent or more of the frontage between such successive	16368
intersections is occupied by buildings in use for business, or	16369
within or outside municipal corporations where fifty per cent or	16370
more of the frontage for a distance of three hundred feet or more	16371
is occupied by buildings in use for business, and the character of	16372
such territory is indicated by official traffic control devices.	16373

(OO) "Residence district" means the territory, not comprising	16374
a business district, fronting on a street or highway, including	16375
the street or highway, where, for a distance of three hundred feet	16376
or more, the frontage is improved with residences or residences	16377
and buildings in use for business.	16378

(PP) "Urban district" means the territory contiguous to and	16379
including any street or highway which is built up with structures	16380
devoted to business, industry, or dwelling houses situated at	16381
intervals of less than one hundred feet for a distance of a	16382
quarter of a mile or more, and the character of such territory is	16383
indicated by official traffic control devices.	16384

(QQ) "Traffic control device" means a flagger, sign, signal,	16385
marking, or other device used to regulate, warn, or guide traffic,	16386
placed on, over, or adjacent to a street, highway, private road	16387
open to public travel, pedestrian facility, or shared-use path by	16388
authority of a public agency or official having jurisdiction, or,	16389
in the case of a private road open to public travel, by authority	16390
of the private owner or private official having jurisdiction.	16391

(RR) "Traffic control signal" means any highway traffic	16392
signal by which traffic is alternately directed to stop and	16393
permitted to proceed.	16394

(SS) "Railroad sign or signal" means any sign, signal, or	16395
device erected by authority of a public body or official or by a	16396
railroad and intended to give notice of the presence of railroad	16397
tracks or the approach of a railroad train.	16398

(TT) "Traffic" means pedestrians, ridden or herded animals,	16399
vehicles, streetcars, trackless trolleys, and other devices,	16400
either singly or together, while using for purposes of travel any	16401
highway or private road open to public travel.	16402

(UU) "Right-of-way" means either of the following, as the	16403
context requires:	16404

(1) The right of a vehicle, streetcar, trackless trolley, or	16405
pedestrian to proceed uninterruptedly in a lawful manner in the	16406
direction in which it or the individual is moving in preference to	16407
another vehicle, streetcar, trackless trolley, or pedestrian	16408
approaching from a different direction into its or the	16409
individual's path;	16410

(2) A general term denoting land, property, or the interest	16411
therein, usually in the configuration of a strip, acquired for or	16412
devoted to transportation purposes. When used in this context,	16413
right-of-way includes the roadway, shoulders or berm, ditch, and	16414
slopes extending to the right-of-way limits under the control of	16415
the state or local authority.	16416

(VV) "Rural mail delivery vehicle" means every vehicle used	16417
to deliver United States mail on a rural mail delivery route.	16418

(WW) "Funeral escort vehicle" means any motor vehicle,	16419
including a funeral hearse, while used to facilitate the movement	16420
of a funeral procession.	16421

(XX) "Alley" means a street or highway intended to provide	16422
access to the rear or side of lots or buildings in urban districts	16423
and not intended for the purpose of through vehicular traffic, and	16424
includes any street or highway that has been declared an "alley"	16425
by the legislative authority of the municipal corporation in which	16426
such street or highway is located.	16427

(YY) "Freeway" means a divided multi-lane highway for through	16428
traffic with all crossroads separated in grade and with full	16429
control of access.	16430

(ZZ) "Expressway" means a divided arterial highway for	16431
through traffic with full or partial control of access with an	16432
excess of fifty per cent of all crossroads separated in grade.	16433

(AAA) "Thruway" means a through highway whose entire roadway	16434
is reserved for through traffic and on which roadway parking is	16435
prohibited.	16436

(BBB) "Stop intersection" means any intersection at one or	16437
more entrances of which stop signs are erected.	16438

(CCC) "Arterial street" means any United States or state	16439
numbered route, controlled access highway, or other major radial	16440
or circumferential street or highway designated by local	16441
authorities within their respective jurisdictions as part of a	16442
major arterial system of streets or highways.	16443

(DDD) "Ridesharing arrangement" means the transportation of	16444
persons in a motor vehicle where such transportation is incidental	16445
to another purpose of a volunteer driver and includes ridesharing	16446
arrangements known as carpools, vanpools, and buspools.	16447

(EEE) "Motorized wheelchair" means any self-propelled vehicle	16448
designed for, and used by, a handicapped person and that is	16449
incapable of a speed in excess of eight miles per hour.	16450

(FFF) "Child day-care center" and "type A family day-care	16451
home" have the same meanings as in section 5104.01 of the Revised	16452
Code.	16453

(GGG) "Multi-wheel agricultural tractor" means a type of	16454
agricultural tractor that has two or more wheels or tires on each	16455
side of one axle at the rear of the tractor, is designed or used	16456
for drawing other vehicles or wheeled machinery, has no provision	16457
for carrying loads independently of the drawn vehicles or	16458
machinery, and is used principally for agricultural purposes.	16459

(HHH) "Operate" means to cause or have caused movement of a	16460
vehicle, streetcar, or trackless trolley.	16461

(III) "Predicate motor vehicle or traffic offense" means any	16462
of the following:	16463

(1) A violation of section 4511.03, 4511.051, 4511.12,	16464
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	16465
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,	16466
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,	16467
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,	16468
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,	16469
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,	16470
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,	16471
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,	16472
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,	16473
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised	16474
Code;	16475

(2) A violation of division (A)(2) of section 4511.17,	16476
divisions (A) to (D) of section 4511.51, or division (A) of	16477
section 4511.74 of the Revised Code;	16478

(3) A violation of any provision of sections 4511.01 to	16479
4511.76 of the Revised Code for which no penalty otherwise is	16480
provided in the section that contains the provision violated;	16481

(4) A violation of a municipal ordinance that is	16482
substantially similar to any section or provision set forth or	16483
described in division (III)(1), (2), or (3) of this section.	16484

(JJJ) "Road service vehicle" means wreckers, utility repair	16485
vehicles, and state, county, and municipal service vehicles	16486
equipped with visual signals by means of flashing, rotating, or	16487
oscillating lights.	16488

(KKK) "Beacon" means a highway traffic signal with one or	16489
more signal sections that operate in a flashing mode.	16490

(LLL) "Hybrid beacon" means a type of beacon that is	16491
intentionally placed in a dark mode between periods of operation	16492
where no indications are displayed and, when in operation,	16493
displays both steady and flashing traffic control signal	16494
indications.	16495

(MMM) "Highway traffic signal" means a power-operated traffic	16496
control device by which traffic is warned or directed to take some	16497
specific action. "Highway traffic signal" does not include a	16498
power-operated sign, steadily illuminated pavement marker, warning	16499
light, or steady burning electric lamp.	16500

(NNN) "Median" means the area between two roadways of a	16501
divided highway, measured from edge of traveled way to edge of	16502
traveled way, but excluding turn lanes. The width of a median may	16503
be different between intersections, between interchanges, and at	16504
opposite approaches of the same intersection.	16505

(OOO) "Private road open to public travel" means a private	16506
toll road or road, including any adjacent sidewalks that generally	16507
run parallel to the road, within a shopping center, airport,	16508
sports arena, or other similar business or recreation facility	16509
that is privately owned but where the public is allowed to travel	16510
without access restrictions. "Private road open to public travel"	16511
includes a gated toll road but does not include a road within a	16512
private gated property where access is restricted at all times, a	16513
parking area, a driving aisle within a parking area, or a private	16514
grade crossing.	16515

(PPP) "Shared-use path" means a bikeway outside the traveled	16516
way and physically separated from motorized vehicular traffic by	16517
an open space or barrier and either within the highway	16518
right-of-way or within an independent alignment. A shared-use path	16519
also may be used by pedestrians, including skaters, joggers, users	16520
of manual and motorized wheelchairs, and other authorized	16521
motorized and non-motorized users.	16522

Section 110.11. That the existing versions of sections	16523
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of the Revised	16524
Code that are scheduled to take effect January 1, 2017, are hereby	16525
repealed.	16526

Section 110.12. Sections 110.10 and 110.11 of this act take	16527
effect January 1, 2017.	16528

Section 201.10. Except as otherwise provided in this act,	16529
all appropriation items in this act are appropriated out of any	16530
moneys in the state treasury to the credit of the designated fund	16531
that are not otherwise appropriated. For all appropriations made	16532
in this act, the amounts in the first column are for fiscal year	16533
2014 and the amounts in the second column are for fiscal year	16534
2015.	16535

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

16536

FUND

TITLE

FY 2014

FY 2015

16537

Highway Operating Fund Group	16538

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	16539
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	16540
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	16541
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	16542
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	16543
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	16544
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	16545
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	16546
7002	772421	Highway Construction - State	$	583,246,763	$	585,240,020	16547
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	16548
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	16549
7002	772425	Highway Construction - Turnpike	$	200,000,000	$	300,000,000	16550
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	16551
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	16552
7002	773431	Highway Maintenance - State	$	477,665,521	$	490,006,152	16553
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	16554
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	16555
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	16556
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	16557
7002	776669	Grade Crossings - Maintenance	$	7,500,000	$	7,500,000	16558
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	16559
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	16560
7002	779491	Administration - State	$	91,218,054	$	92,543,982	16561
TOTAL HOF Highway Operating							16562
Fund Group			$	2,795,280,255	$	2,912,086,567	16563

State Special Revenue Fund Group	16564

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	16565
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	16566
TOTAL SSR State Special Revenue							16567
Fund Group			$	3,495,800	$	3,495,800	16568

Infrastructure Bank Obligations Fund Group	16569

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	16570
TOTAL 045 Infrastructure Bank							16571
Obligations Fund Group			$	96,092,215	$	97,000,000	16572

Highway Capital Improvement Fund Group	16573

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	16574
TOTAL 042 Highway Capital							16575
Improvement Fund Group			$	100,294,652	$	119,617,631	16576
TOTAL ALL BUDGET FUND GROUPS			$	2,995,162,922	$	3,132,199,998	16577

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

16579

Of the foregoing appropriation item 772421, Highway	16580
Construction – State, $5,000,000 shall be used in each fiscal year	16581
for the construction, reconstruction, or maintenance of public	16582
access roads, including support features, to and within state	16583
facilities owned or operated by the Department of Natural	16584
Resources.	16585

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	16586
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	16587

Notwithstanding section 5511.06 of the Revised Code, of the	16588
foregoing appropriation item 772421, Highway Construction – State,	16589
$2,228,000 in each fiscal year shall be used for the construction,	16590
reconstruction, or maintenance of park drives or park roads within	16591
the boundaries of metropolitan parks.	16592

The Department of Transportation may use the foregoing	16593
appropriation item 772421, Highway Construction – State, to	16594
perform related road work on behalf of the Ohio Expositions	16595
Commission at the state fairgrounds, including reconstruction or	16596
maintenance of public access roads and support features to and	16597
within fairgrounds facilities, as requested by the Commission and	16598
approved by the Director of Transportation.	16599

The Department of Transportation may use the foregoing	16600
appropriation item 772421, Highway Construction – State, to	16601
perform related road work on behalf of the Ohio Historical	16602
Society, including reconstruction or maintenance of public access	16603
roads and support features to and within Historical Society	16604
facilities, as requested by the Society and approved by the	16605
Director of Transportation.	16606

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

16607

(A) Notwithstanding section 5540.151 of the Revised Code, of	16608
the foregoing appropriation item 772421, Highway Construction –	16609
State, $3,500,000 in each fiscal year shall be made available for	16610
distribution by the Director of Transportation to Transportation	16611
Improvement Districts that have facilitated funding for the cost	16612
of a project or projects in conjunction with and through other	16613
governmental agencies.	16614

(B) A Transportation Improvement District shall submit	16615
requests for project funding to the Ohio Department of	16616
Transportation not later than the first day of September in each	16617
fiscal year. The Ohio Department of Transportation shall notify	16618
the Transportation Improvement District whether the Department has	16619
approved or disapproved the project funding request within 90 days	16620
after the day the request was submitted by the Transportation	16621
Improvement District.	16622

(C) Any funding provided to a Transportation Improvement	16623
District specified in this section shall not be used for the	16624
purposes of administrative costs or administrative staffing and	16625
must be used to fund a specific project or projects within that	16626
District's area. The total amount of a specific project's cost	16627
shall not be fully funded by the amount of funds provided under	16628
this section. The total amount of funding provided for each	16629
project is limited to 10% of total project costs or $250,000 per	16630
fiscal year, whichever is greater. Transportation Improvement	16631
Districts that are co-sponsoring a specific project may	16632
individually apply for up to $250,000 for that project. However,	16633
not more than 10% of a project's total costs per biennium shall be	16634
funded through moneys provided under this section.	16635

(D) Funds provided under this section may be used for	16636
preliminary engineering, detailed design, right-of-way	16637
acquisition, and construction of the specific project and such	16638
other project costs that are defined in section 5540.01 of the	16639
Revised Code and approved by the Director of Transportation. Upon	16640
receipt of a copy of an invoice for work performed on the specific	16641
project, the Director of Transportation shall reimburse a	16642
Transportation Improvement District for the expenditures described	16643
above, subject to the requirements of this section.	16644

(E) Any Transportation Improvement District that is	16645
requesting funds under this section shall register with the	16646
Director of Transportation. The Director of Transportation shall	16647
register a Transportation Improvement District only if the	16648
district has a specific, eligible project and may cancel the	16649
registration of a Transportation Improvement District that is not	16650
eligible to receive funds under this section. The Director shall	16651
not provide funds to any Transportation Improvement District under	16652
this section if the district is not registered. The Director of	16653
Transportation shall not register a Transportation Improvement	16654
District and shall cancel the registration of a currently	16655
registered Transportation Improvement District unless at least one	16656
of the following applies:	16657

(1) The Transportation Improvement District, by a resolution	16658
or resolutions, designated a project or program of projects and	16659
facilitated, including in conjunction with and through other	16660
governmental agencies, funding for costs of a project or program	16661
of projects in an aggregate amount of not less than $10,000,000	16662
within the eight-year period commencing January 1, 2005.	16663

(2) The Transportation Improvement District, by a resolution	16664
or resolutions, designated a project or program of projects and	16665
facilitated, including in conjunction with and through other	16666
governmental agencies, funding for costs of a project or program	16667
of projects in an aggregate amount of not less than $15,000,000	16668
from the commencement date of the project or program of projects.	16669

(3) The Transportation Improvement District has designated,	16670
by a resolution or resolutions, a project or program of projects	16671
that has estimated aggregate costs in excess of $10,000,000 and	16672
the County Engineer of the county in which the Transportation	16673
Improvement District is located has attested by a sworn affidavit	16674
that the costs of the project or program of projects exceeds	16675
$10,000,000 and that the Transportation Improvement District is	16676
facilitating a portion of funding for that project or program of	16677
projects.	16678

(F) For purposes of this section:

16679

(1) "Project" shall have the same meaning as in division (D)	16680
of section 5540.01 of the Revised Code.	16681

(2) "Governmental agency" shall have the same meaning as in	16682
division (B) of section 5540.01 of the Revised Code.	16683

(3) "Cost" shall have the same meaning as in division (C) of	16684
section 5540.01 of the Revised Code.	16685

Section 203.40.10. GRADE CROSSINGS - MAINTENANCE

16686

The foregoing appropriation item 776669, Grade Crossings -	16687
Maintenance, shall be used for the maintenance of at-grade	16688
railroad highway crossings. Funds shall be used to reimburse	16689
operating railroads for grade crossing maintenance expenses in	16690
proportion to their share of at-grade railroad highway crossings	16691
in Ohio based on the Railroad Information System maintained by the	16692
Public Utilities Commission.	16693

Section 203.50. ISSUANCE OF BONDS

16694

The Treasurer of State, upon the request of the Director of	16695
Transportation, is authorized to issue and sell, in accordance	16696
with Section 2m of Article VIII, Ohio Constitution, and Chapter	16697
151. and particularly sections 151.01 and 151.06 of the Revised	16698
Code, obligations, including bonds and notes, in the aggregate	16699
amount of $220,000,000 in addition to the original issuance of	16700
obligations authorized by prior acts of the General Assembly.	16701

The obligations shall be issued and sold from time to time in	16702
amounts necessary to provide sufficient moneys to the credit of	16703
the Highway Capital Improvement Fund (Fund 7042) created by	16704
section 5528.53 of the Revised Code to pay costs charged to the	16705
fund when due as estimated by the Director of Transportation,	16706
provided, however, that such obligations shall be issued and sold	16707
at such time or times so that not more than $220,000,000 original	16708
principal amount of obligations, plus the principal amount of	16709
obligations that in prior fiscal years could have been, but were	16710
not, issued within the $220,000,000 limit, may be issued in any	16711
fiscal year, and not more than $1,200,000,000 original principal	16712
amount of such obligations are outstanding at any one time.	16713

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	16714
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	16715
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	16716
ADMINISTRATION	16717

The Director of Budget and Management may approve requests	16718
from the Director of Transportation for transfer of Highway	16719
Operating Fund (Fund 7002) appropriations for planning and	16720
research (appropriation items 771411 and 771412), highway	16721
construction and debt service (appropriation items 772421, 772422,	16722
772424, 772425, 772437, and 772438), highway maintenance	16723
(appropriation item 773431), public transportation - federal	16724
(appropriation item 775452), elderly and disabled special	16725
equipment (appropriation item 775459), rail grade crossings	16726
(appropriation item 776462), aviation (appropriation item 777475),	16727
and administration (appropriation item 779491). The Director of	16728
Budget and Management may not make transfers out of debt service	16729
appropriation items unless the Director determines that the	16730
appropriated amounts exceed the actual and projected debt service	16731
requirements. Transfers of appropriations may be made upon the	16732
written request of the Director of Transportation and with the	16733
approval of the Director of Budget and Management. The transfers	16734
shall be reported to the Controlling Board at the next regularly	16735
scheduled meeting of the board.	16736

This transfer authority is intended to provide for emergency	16737
situations and flexibility to meet unforeseen conditions that	16738
could arise during the budget period. It also is intended to allow	16739
the department to optimize the use of available resources and	16740
adjust to circumstances affecting the obligation and expenditure	16741
of federal funds.	16742

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	16743
AVIATION, AND RAIL AND LOCAL TRANSIT	16744

The Director of Budget and Management may approve written	16745
requests from the Director of Transportation for the transfer of	16746
appropriations between appropriation items 772422, Highway	16747
Construction - Federal, 775452, Public Transportation - Federal,	16748
775454, Public Transportation - Other, 775459, Elderly and	16749
Disabled Special Equipment, 776475, Federal Rail Administration,	16750
and 777472, Airport Improvements - Federal. The transfers shall be	16751
reported to the Controlling Board at its next regularly scheduled	16752
meeting.	16753

TRANSFER OF APPROPRIATIONS - ARRA

16754

The Director of Budget and Management may approve written	16755
requests from the Director of Transportation for the transfer of	16756
appropriations between appropriation items 771412, Planning and	16757
Research – Federal, 772422, Highway Construction - Federal,	16758
772424, Highway Construction – Other, 775452, Public	16759
Transportation - Federal, 776462, Grade Crossing - Federal, and	16760
777472, Airport Improvements - Federal, based upon the	16761
requirements of the American Recovery and Reinvestment Act of 2009	16762
that apply to the money appropriated. The transfers shall be	16763
reported to the Controlling Board at its next regularly scheduled	16764
meeting.	16765

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	16766
BANK	16767

The Director of Budget and Management may approve requests	16768
from the Director of Transportation for transfer of appropriations	16769
and cash of the Infrastructure Bank funds created in section	16770
5531.09 of the Revised Code, including transfers between fiscal	16771
years 2014 and 2015. The transfers shall be reported to the	16772
Controlling Board at its next regularly scheduled meeting.	16773

The Director of Budget and Management may approve requests	16774
from the Director of Transportation for transfer of appropriations	16775
and cash from the Highway Operating Fund (Fund 7002) to the	16776
Infrastructure Bank funds created in section 5531.09 of the	16777
Revised Code. The Director of Budget and Management may transfer	16778
from the Infrastructure Bank funds to the Highway Operating Fund	16779
up to the amounts originally transferred to the Infrastructure	16780
Bank funds under this section. However, the Director may not make	16781
transfers between modes or transfers between different funding	16782
sources. The transfers shall be reported to the Controlling Board	16783
at its next regularly scheduled meeting.	16784

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

16785

The Director of Budget and Management may approve requests	16786
from the Director of Transportation for transfer of appropriations	16787
and cash of the Ohio Toll Fund and any subaccounts created in	16788
section 5531.14 of the Revised Code, including transfers between	16789
fiscal years 2014 and 2015. The transfers shall be reported to the	16790
Controlling Board at its next regularly scheduled meeting.	16791

INCREASING APPROPRIATIONS: STATE FUNDS

16792

In the event that receipts or unexpended balances credited to	16793
the Highway Operating Fund (Fund 7002) exceed the estimates upon	16794
which the appropriations have been made in this act, upon the	16795
request of the Director of Transportation, the Controlling Board	16796
may increase those appropriations in the manner prescribed in	16797
section 131.35 of the Revised Code.	16798

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

16799

In the event that receipts or unexpended balances credited to	16800
the Highway Operating Fund (Fund 7002) or apportionments or	16801
allocations made available from the federal and local government	16802
exceed the estimates upon which the appropriations have been made	16803
in this act, upon the request of the Director of Transportation,	16804
the Controlling Board may increase those appropriations in the	16805
manner prescribed in section 131.35 of the Revised Code.	16806

REAPPROPRIATIONS

16807

In each fiscal year of the biennium ending June 30, 2015, the	16808
Director of Transportation may request that the Director of Budget	16809
and Management transfer any remaining unencumbered balances of	16810
prior years' appropriations to the Highway Operating Fund (Fund	16811
7002), the Highway Capital Improvement Fund (Fund 7042), and the	16812
Infrastructure Bank funds created in section 5531.09 of the	16813
Revised Code for the same purpose in the following fiscal year. In	16814
the request, the Director of Transportation shall identify the	16815
appropriate fund and appropriation item of the transfer, the	16816
requested transfer amount. The Director of Budget and Management	16817
may request additional information necessary for evaluating the	16818
transfer request, and the Director of Transportation shall provide	16819
the requested information to the Director of Budget and	16820
Management. Based on the information provided by the Director of	16821
Transportation, the Director of Budget and Management shall	16822
determine the amount to be transferred by fund and appropriation	16823
item, and those amounts are hereby reappropriated. The Director of	16824
Transportation shall report the reappropriations to the	16825
Controlling Board.	16826

Any balances of prior years' unencumbered appropriations to	16827
the Highway Operating Fund (Fund 7002), the Highway Capital	16828
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	16829
created in section 5531.09 of the Revised Code for which the	16830
Director of Transportation requests reappropriations, and for	16831
which reappropriations are approved by the Director of Budget and	16832
Management, are subject to the availability of revenue as	16833
determined by the Director of Transportation.	16834

LIQUIDATION OF UNFORESEEN LIABILITIES

16835

Any appropriation made from the Highway Operating Fund (Fund	16836
7002) not otherwise restricted by law is available to liquidate	16837
unforeseen liabilities arising from contractual agreements of	16838
prior years when the prior year encumbrance is insufficient.	16839

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

16840

The Director of Transportation may remove snow and ice and	16841
maintain, repair, improve, or provide lighting upon interstate	16842
highways that are located within the boundaries of municipal	16843
corporations, adequate to meet the requirements of federal law.	16844
When agreed in writing by the Director of Transportation and the	16845
legislative authority of a municipal corporation and	16846
notwithstanding sections 125.01 and 125.11 of the Revised Code,	16847
the Department of Transportation may reimburse a municipal	16848
corporation for all or any part of the costs, as provided by such	16849
agreement, incurred by the municipal corporation in maintaining,	16850
repairing, lighting, and removing snow and ice from the interstate	16851
system.	16852

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

16853

The Director of Transportation may use revenues from the	16854
state motor vehicle fuel tax to match approved federal grants	16855
awarded to the Department of Transportation, regional transit	16856
authorities, or eligible public transportation systems, for public	16857
transportation highway purposes, or to support local or state	16858
funded projects for public transportation highway purposes. Public	16859
transportation highway purposes include: the construction or	16860
repair of high-occupancy vehicle traffic lanes, the acquisition or	16861
construction of park-and-ride facilities, the acquisition or	16862
construction of public transportation vehicle loops, the	16863
construction or repair of bridges used by public transportation	16864
vehicles or that are the responsibility of a regional transit	16865
authority or other public transportation system, or other similar	16866
construction that is designated as an eligible public	16867
transportation highway purpose. Motor vehicle fuel tax revenues	16868
may not be used for operating assistance or for the purchase of	16869
vehicles, equipment, or maintenance facilities.	16870

Section 203.90. The federal payments made to the state for	16871
highway infrastructure or for transit agencies under Title XII of	16872
Division A of the American Recovery and Reinvestment Act of 2009	16873
shall be deposited to the credit of the Highway Operating Fund	16874
(Fund 7002), which is created in section 5735.291 of the Revised	16875
Code.	16876

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

16877

State Highway Safety Fund Group	16878

4W40	762321	Operating Expense - BMV	$	127,409,268	$	127,268,957	16879
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	16880
7036	761321	Operating Expense - Information and Education	$	6,805,066	$	6,749,331	16881
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	16882
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	16883
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	16884
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	16885
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	16886
8310	761610	Information and Education - Federal	$	300,000	$	300,000	16887
8310	764608	FARS Grant Federal	$	175,000	$	175,000	16888
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	16889
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	16890
8310	765610	EMS - Federal	$	225,000	$	225,000	16891
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	16892
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	16893
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	16894
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	16895
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	16896
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	16897
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	16898
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	16899
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	16900
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	16901
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	16902
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	16903
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	16904
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	16905
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	16906
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	16907
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	16908
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	16909
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	16910
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	16911
TOTAL HSF State Highway Safety Fund Group			$	512,050,460	$	514,034,364	16912

General Services Fund Group	16913

4P60	768601	Justice Program Services	$	900,000	$	875,000	16914
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	16915
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	16916
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	16917

Federal Special Revenue Fund Group	16918

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	16919
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	16920
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	16921
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	16922
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	16923
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	16924
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	16925
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	16926
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	16927
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	16928
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	16929
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	16930
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	16931
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	16932
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	16933

State Special Revenue Fund Group	16934

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	16935
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	16936
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	16937
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	16938
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	16939
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	16940
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	16941
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	16942
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	16943
5FL0	769634	Investigations	$	899,300	$	899,300	16944
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	16945
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	16946
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	16947
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	16948
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	16949
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	16950

Agency Fund Group	16951

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		16952
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		16953

Holding Account Redistribution Fund Group	16954

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	16955
R052	762623	Security Deposits	$	350,000	$	350,000	16956
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	16957
TOTAL ALL BUDGET FUND GROUPS			$	670,158,888	$	672,552,792	16958

MOTOR VEHICLE REGISTRATION

16959

The Registrar of Motor Vehicles may deposit revenues to meet	16960
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	16961
4W40) established in section 4501.25 of the Revised Code, obtained	16962
under sections 4503.02 and 4504.02 of the Revised Code, less all	16963
other available cash. Revenue deposited pursuant to this paragraph	16964
shall support, in part, appropriations for operating expenses and	16965
defray the cost of manufacturing and distributing license plates	16966
and license plate stickers and enforcing the law relative to the	16967
operation and registration of motor vehicles. Notwithstanding	16968
section 4501.03 of the Revised Code, the revenues shall be paid	16969
into Fund 4W40 before any revenues obtained pursuant to sections	16970
4503.02 and 4504.02 of the Revised Code are paid into any other	16971
fund. The deposit of revenues to meet the aforementioned cash	16972
needs shall be in approximately equal amounts on a monthly basis	16973
or as otherwise determined by the Director of Budget and	16974
Management pursuant to a plan submitted by the Registrar of Motor	16975
Vehicles.	16976

OPERATING EXPENSE – BMV

16977

Of the foregoing appropriation item 762321, Operating Expense	16978
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	16979
costs associated with improvements to the program to accept	16980
applications for registration transactions of apportionable	16981
vehicles electronically over the internet.	16982

LEASE RENTAL PAYMENTS

16983

The foregoing appropriation item 761401, Lease Rental	16984
Payments, shall be used for payments to the Treasurer of State for	16985
the period July 1, 2013, through June 30, 2015, under the primary	16986
leases and agreements for public safety related buildings. The	16987
appropriations are the source of funds pledged for bond service	16988
charges on obligations pursuant to Chapters 152. and 154. of the	16989
Revised Code.	16990

CASH TRANSFERS BETWEEN FUNDS

16991

Notwithstanding any provision of law to the contrary, the	16992
Director of Budget and Management, upon the written request of the	16993
Director of Public Safety, may transfer cash between the following	16994
six funds: the Trauma and Emergency Medical Services Fund (Fund	16995
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	16996
Fund (Fund 5FL0), the Emergency Management Agency Service and	16997
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	16998
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	16999
4W40).	17000

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	17001
PLATE CONTRIBUTION FUND	17002

On July 1, 2013, or as soon as possible thereafter, the	17003
Director of Budget and Management may transfer the cash balance in	17004
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	17005
Contribution Fund (Fund 5V10). Upon completion of the transfer,	17006
Fund 5JS0 is hereby abolished.	17007

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	17008
STATE HIGHWAY SAFETY FUND	17009

Not later than January 1, 2014, the Director of Budget and	17010
Management may transfer the cash balance in the Hilltop Utility	17011
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	17012
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	17013
abolished. The Director shall cancel any existing encumbrances	17014
against appropriation item 766661, Hilltop Utility Reimbursement,	17015
and reestablish them against appropriation item 761321, Operating	17016
Expense – Information and Education. The reestablished encumbrance	17017
amounts are hereby appropriated.	17018

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	17019
SAFETY FUND	17020

On July 1, 2013, or as soon as possible thereafter, the	17021
Director of Budget and Management shall transfer the cash balance	17022
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	17023
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	17024
Fund 8380 is abolished.	17025

STATE DISASTER RELIEF

17026

The State Disaster Relief Fund (Fund 5330) may accept	17027
transfers of cash and appropriations from Controlling Board	17028
appropriation items for Ohio Emergency Management Agency disaster	17029
response costs and disaster program management costs, and may also	17030
be used for the following purposes:	17031

(A) To accept transfers of cash and appropriations from	17032
Controlling Board appropriation items for Ohio Emergency	17033
Management Agency public assistance and mitigation program match	17034
costs to reimburse eligible local governments and private	17035
nonprofit organizations for costs related to disasters;	17036

(B) To accept and transfer cash to reimburse the costs	17037
associated with Emergency Management Assistance Compact (EMAC)	17038
deployments;	17039

(C) To accept disaster related reimbursement from federal,	17040
state, and local governments. The Director of Budget and	17041
Management may transfer cash from reimbursements received by this	17042
fund to other funds of the state from which transfers were	17043
originally approved by the Controlling Board.	17044

(D) To accept transfers of cash and appropriations from	17045
Controlling Board appropriation items to fund the State Disaster	17046
Relief Program, for disasters that qualify for the program by	17047
written authorization of the Governor, and the State Individual	17048
Assistance Program for disasters that have been declared by the	17049
federal Small Business Administration and that qualify for the	17050
program by written authorization of the Governor. The Ohio	17051
Emergency Management Agency shall publish and make available	17052
application packets outlining procedures for the State Disaster	17053
Relief Program and the State Individual Assistance Program.	17054

JUSTICE ASSISTANCE GRANT FUND

17055

The federal payments made to the state for the Byrne Justice	17056
Assistance Grants Program under Title II of Division A of the	17057
American Recovery and Reinvestment Act of 2009 shall be deposited	17058
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	17059
which is hereby created in the state treasury. All investment	17060
earnings of the fund shall be credited to the fund.	17061

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	17062
AGENCY SERVICE AND REIMBURSEMENT FUND	17063

On July 1 of each fiscal year, or as soon as possible	17064
thereafter, the Director of Budget and Management shall transfer	17065
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	17066
Emergency Management Agency Service and Reimbursement Fund (Fund	17067
4V30) to be distributed to the Ohio Task Force One – Urban Search	17068
and Rescue Unit, other similar urban search and rescue units	17069
around the state, and for the maintenance of the statewide fire	17070
emergency response plan by an entity recognized by the Ohio	17071
Emergency Management Agency.	17072

FAMILY VIOLENCE PREVENTION FUND

17073

Notwithstanding any provision of law to the contrary, in each	17074
of fiscal years 2014 and 2015, the first $750,000 received to the	17075
credit of the Family Violence Prevention Fund (Fund 5BK0) is	17076
appropriated to appropriation item 768689, Family Violence Shelter	17077
Programs, and the next $400,000 received to the credit of Fund	17078
5BK0 in each of those fiscal years is appropriated to	17079
appropriation item 768687, Criminal Justice Services - Operating.	17080
Any moneys received to the credit of Fund 5BK0 in excess of the	17081
aforementioned appropriated amounts in each fiscal year shall,	17082
upon the approval of the Controlling Board, be used to provide	17083
grants to family violence shelters in Ohio.	17084

SARA TITLE III HAZMAT PLANNING

17085

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	17086
entitled to receive grant funds from the Emergency Response	17087
Commission to implement the Emergency Management Agency's	17088
responsibilities under Chapter 3750. of the Revised Code.	17089

COLLECTIVE BARGAINING INCREASES

17090

Notwithstanding division (D) of section 127.14 and division	17091
(B) of section 131.35 of the Revised Code, except for the General	17092
Revenue Fund, the Controlling Board may, upon the request of	17093
either the Director of Budget and Management, or the Department of	17094
Public Safety with the approval of the Director of Budget and	17095
Management, authorize expenditures in excess of appropriations and	17096
transfer appropriations, as necessary, for any fund used by the	17097
Department of Public Safety, to assist in paying the costs of	17098
increases in employee compensation that have occurred pursuant to	17099
collective bargaining agreements under Chapter 4117. of the	17100
Revised Code and, for exempt employees, under section 124.152 of	17101
the Revised Code. Any money approved for expenditure under this	17102
paragraph is hereby appropriated.	17103

CASH BALANCE FUND REVIEW

17104

Not later than the first day of April in each fiscal year of	17105
the biennium, the Director of Budget and Management shall review	17106
the cash balances for each fund, except the State Highway Safety	17107
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	17108
4W40), in the State Highway Safety Fund Group, and shall recommend	17109
to the Controlling Board an amount to be transferred to the credit	17110
of Fund 7036 or Fund 4W40, as appropriate.	17111

AUTO REGISTRATION DISTRIBUTION FUND

17112

Notwithstanding the amendment by this act to section 4501.03	17113
of the Revised Code and the enactment by this act of section	17114
4501.031 of the Revised Code, any license tax assessed under	17115
Chapters 4503. or 4504. of the Revised Code, and derived from	17116
registrations processed on business days prior to July 1, 2013,	17117
shall be deposited to the state treasury to the credit of the Auto	17118
Registration Distribution Fund (Fund 7051) created by section	17119
4501.03 of the Revised Code, even if such deposit does not occur	17120
until on or after July 1, 2013. All license tax assessed on	17121
registrations under Chapters 4503. or 4504. of the Revised Code	17122
prior to July 1, 2013, shall be deposited, and distributed, in	17123
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	17124
4501.043 of the Revised Code as they existed prior to the	17125
amendments to those sections by this act.	17126

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

17127

State Special Revenue Fund Group	17128

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	17129
TOTAL SSR State Special Revenue							17130
Fund Group			$	15,199,900	$	15,199,900	17131
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	17132

ROADWORK DEVELOPMENT FUND

17133

The Roadwork Development Fund shall be used for road	17134
improvements associated with economic development opportunities	17135
that will retain or attract businesses for Ohio. "Road	17136
improvements" are improvements to public roadway facilities	17137
located on, or serving or capable of serving, a project site.	17138

The Department of Transportation, under the direction of the	17139
Development Services Agency, shall provide these funds in	17140
accordance with all guidelines and requirements established for	17141
Development Services Agency appropriation item 195623, Business	17142
Incentive Grants, including Controlling Board review and approval	17143
as well as the requirements for usage of gas tax revenue	17144
prescribed in Section 5a of Article XII, Ohio Constitution. Should	17145
the Development Services Agency require the assistance of the	17146
Department of Transportation to bring a project to completion, the	17147
Department of Transportation shall use its authority under Title	17148
LV of the Revised Code to provide such assistance and may enter	17149
into contracts on behalf of the Development Services Agency. In	17150
addition, these funds may be used in conjunction with	17151
appropriation item 195623, Business Incentive Grants, or any other	17152
state funds appropriated for infrastructure improvements.	17153

The Director of Budget and Management, pursuant to a plan	17154
submitted by the Director of Development Services or as otherwise	17155
determined by the Director of Budget and Management, shall set a	17156
cash transfer schedule to meet the cash needs of the Development	17157
Services Agency Roadwork Development Fund (Fund 4W00), less any	17158
other available cash. The Director shall transfer to the Roadwork	17159
Development Fund from the Highway Operating Fund (Fund 7002),	17160
established in section 5735.291 of the Revised Code, such amounts	17161
at such times as determined by the transfer schedule.	17162

Section 209.10. PWC PUBLIC WORKS COMMISSION

17163

Local Transportation Improvements Fund Group	17164

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	17165
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	17166
TOTAL 052 Local Transportation							17167
Improvements Fund Group			$	52,292,526	$	52,296,555	17168

Local Infrastructure Improvements Fund Group	17169

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	17170
TOTAL LIF Local Infrastructure							17171
Improvements Fund Group			$	902,579	$	909,665	17172
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	17173

PUBLIC WORKS OPERATING EXPENSES

17174

The forgoing appropriation item 150321, State Capital	17175
Improvements Program-Operating Expenses, shall be used by the Ohio	17176
Public Works Commission to administer the State Capital	17177
Improvement Program under sections 164.01 to 164.16 of the Revised	17178
Code.	17179

DISTRICT ADMINISTRATION COSTS

17180

The Director of the Public Works Commission is authorized to	17181
create a District Administration Costs Program from interest	17182
earnings of the Capital Improvements Fund and Local Transportation	17183
Improvement Program Fund proceeds. The program shall be used to	17184
provide for the direct costs of district administration of the	17185
nineteen public works districts. Districts choosing to participate	17186
in the program shall only expend State Capital Improvements Fund	17187
moneys for State Capital Improvements Fund costs and Local	17188
Transportation Improvement Program Fund moneys for Local	17189
Transportation Improvement Program Fund costs. The account shall	17190
not exceed $1,235,000 per fiscal year. Each public works district	17191
may be eligible for up to $65,000 per fiscal year from its	17192
district allocation as provided in sections 164.08 and 164.14 of	17193
the Revised Code.	17194

The Director, by rule, shall define allowable and	17195
nonallowable costs for the purpose of the District Administration	17196
Costs Program. Nonallowable costs include indirect costs, elected	17197
official salaries and benefits, and project-specific costs. No	17198
district public works committee may participate in the District	17199
Administration Costs Program without the approval of those costs	17200
by the district public works committee under section 164.04 of the	17201
Revised Code.	17202

REAPPROPRIATIONS

17203

All capital appropriations from the Local Transportation	17204
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	17205
129th General Assembly remaining unencumbered as of June 30, 2013,	17206
are reappropriated for use during the period July 1, 2013, through	17207
June 30, 2014, for the same purpose.	17208

Notwithstanding division (B) of section 127.14 of the Revised	17209
Code, all capital appropriations and reappropriations from the	17210
Local Transportation Improvement Program Fund (Fund 7052) in this	17211
act remaining unencumbered as of June 30, 2014, are reappropriated	17212
for use during the period July 1, 2014, through June 30, 2015, for	17213
the same purposes, subject to the availability of revenue as	17214
determined by the Director of the Public Works Commission.	17215

TEMPORARY TRANSFERS

17216

Notwithstanding section 127.14 of the Revised Code, the	17217
Director of the Public Works Commission may request the Director	17218
of Budget and Management to transfer moneys from the Local	17219
Transportation Improvement Fund (Fund 7052) to the State Capital	17220
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	17221
(Fund 7056). The Director of Budget and Management may approve	17222
temporary transfers if such transfers are needed for capital	17223
outlays for which notes or bonds will be issued. Any transfers	17224
executed under this section shall be reported to the Controlling	17225
Board by June 30 of the fiscal year in which the transfer	17226
occurred.	17227

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

17228

There is hereby appropriated, from those funds designated by	17229
or pursuant to the applicable proceedings authorizing the issuance	17230
of state obligations, amounts computed at the time to represent	17231
the portion of investment income to be rebated or amounts in lieu	17232
of or in addition to any rebate amount to be paid to the federal	17233
government in order to maintain the exclusion from gross income	17234
for federal income tax purposes of interest on those state	17235
obligations under section 148(f) of the Internal Revenue Code.	17236

Rebate payments shall be approved and vouchered by the Office	17237
of Budget and Management.	17238

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	17239
PURPOSES	17240

Appropriation item 725509, Parks Special Purposes, is hereby	17241
established in the General Revenue Fund with an appropriation of	17242
$14,000,000 in fiscal year 2013. The appropriation item shall be	17243
used by the Department of Natural Resources to facilitate the	17244
mutual termination of a lease agreement between the City of	17245
Cleveland and the Department of Natural Resources for Cleveland	17246
Lakefront Parks and to operate and conduct necessary upgrades	17247
solely and exclusively to (1) Edgewater Park; (2) East 55th/Gordon	17248
Park North of Interstate 90 and including the East 55th Street	17249
Department of Natural Resources Headquarters and the East 72nd	17250
Street Maintenance Facility; (3) Euclid Beach Park; and (4) Villa	17251
Angela/Wildwood Park. Any unexpended and unencumbered portion of	17252
the foregoing appropriation item remaining at the end of fiscal	17253
year 2013 shall be reappropriated for the same purposes in fiscal	17254
year 2014.	17255

Section 506.10. Notwithstanding division (A)(3) of section	17256
4501.044 and division (A)(1) of section 4501.045 of the Revised	17257
Code, commencing July 1, 2013, and extending through June 30,	17258
2014, the Director of Public Safety shall deposit the money	17259
otherwise deposited and distributed in accordance with those	17260
divisions into the State Highway Safety Fund (Fund 7036) created	17261
by section 4501.06 of the Revised Code until such time as the	17262
deposits equal a cumulative total of $35,000,000. At that point,	17263
the Director shall cease depositing any such money into Fund 7036	17264
and shall deposit and distribute that money as prescribed in	17265
division (A)(3) of section 4501.044 and division (A)(1) of section	17266
4501.045 of the Revised Code.	17267

Notwithstanding division (A)(3) of section 4501.044 and	17268
division (A)(1) of section 4501.045 of the Revised Code,	17269
commencing July 1, 2014, and extending through June 30, 2015, the	17270
Director of Public Safety shall deposit the money otherwise	17271
deposited and distributed in accordance with those divisions into	17272
the State Highway Safety Fund (Fund 7036) created by section	17273
4501.06 of the Revised Code until such time as the deposits equal	17274
a cumulative total of $35,000,000. At that point, the Director	17275
shall cease depositing any such money into Fund 7036 and shall	17276
deposit and distribute that money as prescribed in division (A)(3)	17277
of section 4501.044 and division (A)(1) of section 4501.045 of the	17278
Revised Code.	17279

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	17280
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	17281

The Director of Budget and Management shall initiate and	17282
process payments from lease rental payment appropriation items	17283
during the period from July 1, 2013, to June 30, 2015, pursuant to	17284
the lease agreements for bonds or notes issued under Section 2i of	17285
Article VIII of the Ohio Constitution and Chapters 152. and 154.	17286
of the Revised Code. Payments shall be made upon certification by	17287
the Treasurer of State of the dates and amounts due on those	17288
dates.	17289

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

17290

Certain appropriations are in this act for the purpose of	17291
lease rental and other payments under leases and agreements	17292
relating to bonds or notes issued under the Ohio Constitution and	17293
acts of the General Assembly. If it is determined that additional	17294
appropriations are necessary for this purpose, such amounts are	17295
hereby appropriated.	17296

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	17297
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	17298

Upon the request of the Director of Transportation, the	17299
Director of Budget and Management may transfer cash from the	17300
Highway Operating Fund (Fund 7002) to the Highway Capital	17301
Improvement Fund (Fund 7042) created in section 5528.53 of the	17302
Revised Code. The Director of Budget and Management may transfer	17303
cash from Fund 7042 to Fund 7002 up to the amount of cash	17304
previously transferred to Fund 7042 under this section.	17305

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

17306

The Director of Budget and Management shall transfer cash in	17307
equal monthly increments totaling $171,724,944 in fiscal year 2014	17308
and in equal monthly increments totaling $173,884,776 in fiscal	17309
year 2015 from the Highway Operating Fund (Fund 7002), created in	17310
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	17311
Fund (Fund 7060) created in division (A) of section 5735.27 of the	17312
Revised Code. The monthly amounts transferred under this section	17313
shall be distributed as follows: 42.86 per cent shall be	17314
distributed among the municipal corporations within the state	17315
under division (A)(2) of section 5735.27 of the Revised Code;	17316
37.14 per cent shall be distributed among the counties within the	17317
state under division (A)(3) of section 5735.27 of the Revised	17318
Code; and 20 per cent shall be distributed among the townships	17319
within the state under division (A)(5)(b) of section 5735.27 of	17320
the Revised Code.	17321

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

17322

On July 1, 2013, and on January 1, 2014, or as soon as	17323
possible thereafter, respectively, the Director of Budget and	17324
Management shall transfer $200,000 in cash, for each period, from	17325
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	17326
General for ODOT Fund (Fund 5FA0).	17327

On July 1, 2014, and on January 1, 2015, or as soon as	17328
possible thereafter, respectively, the Director of Budget and	17329
Management shall transfer $200,000 in cash, for each period, from	17330
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	17331
General for ODOT Fund (Fund 5FA0).	17332

Should additional amounts be necessary, the Inspector	17333
General, with the consent of the Director of Budget and	17334
Management, may seek Controlling Board approval for additional	17335
transfers of cash and to increase the amount appropriated from	17336
appropriation item 965603, Deputy Inspector General for ODOT, in	17337
the amount of the additional transfers.	17338

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	17339
129th General Assembly be amended to read as follows:	17340

Sec. 10. ~~The~~To the extent that sufficient cash is available,	17341
within three months after the receipt of moneys into the Casino	17342
Operator Settlement Fund created in section 3772.34 of the Revised	17343
Code, the Director of Budget and Management shall pay one million	17344
dollars ~~by December 31, 2012,~~ to the municipal corporation or	17345
township in which each commercial racetrack is located, including	17346
a municipal corporation or township to which a racetrack is to	17347
relocate as specified in the memorandum of understanding of	17348
February 17, 2012, between the Office of the Governor, State of	17349
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	17350
transfers, but excluding the previous municipal corporation or	17351
township of each moved track and excluding a municipal corporation	17352
or township in a county with a population between 1,100,000 and	17353
1,200,000 in the most recent federal decennial census. ~~The~~	17354
~~Director shall transfer these payments, totaling six million~~	17355
~~dollars, from the Casino Operator Settlement Fund created in~~	17356
~~section 3772.34 of the Revised Code. The Director~~Additionally,	17357
within six months after the first payments made under this	17358
section, the Director of Budget and Management shall pay an	17359
additional one million dollars ~~by June 30, 2013,~~ to each of these	17360
municipal corporations and townships~~, and shall transfer these~~	17361
~~payments, totaling six million dollars, from the Casino Operator~~	17362
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	17363
municipal corporation or township receiving such a payment shall	17364
use at least fifty per cent of the funds received for	17365
infrastructure or capital improvements. If after either of the	17366
payments referenced in this section, a municipal corporation or	17367
township loses a racetrack as a result of the racetrack permit	17368
holder's decision to relocate to another municipal corporation or	17369
township, the municipal corporation or township losing the	17370
racetrack becomes eligible for a payment from the Racetrack	17371
Facility Community Economic Redevelopment Fund provided for in	17372
Sections 7 and 8 of H.B. 386 of the 129th General Assembly after	17373
all of the communities that have already lost a racetrack permit	17374
holder's racetrack at the time the first payments referenced in	17375
this section are made have each been awarded up to $3 million for	17376
the initial loss of such racetracks. Such a municipal corporation	17377
or township shall not receive more than the sum of $3 million	17378
minus any payments made by the Director of Budget and Management	17379
in accordance with this section. The Director of Budget and	17380
Management is also authorized to establish any necessary	17381
appropriation items in the appropriate funds and agencies in order	17382
to make any payments required under this section. Any funds in	17383
such items are hereby appropriated.	17384

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	17385
of the 129th General Assembly is hereby repealed.	17386

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	17387
482 of the 129th General Assembly be amended to read as follows:	17388

Sec. 203.80. The items set forth in this section are hereby	17389
appropriated out of any moneys in the state treasury to the credit	17390
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	17391
not otherwise appropriated.	17392

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	17393

C72549	ODNR Facilities Development	$	500,000	17394
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	17395
C725E1	NatureWorks Local Park Grants	$	4,790,000	17396
C725E5	Project Planning	$	400,000	17397
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	17398
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	17399
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	17400
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	17401

Sec. 203.83. The Ohio Public Facilities Commission is hereby	17403
authorized to issue and sell, in accordance with Section 2l of	17404
Article VIII, Ohio Constitution, and Chapter 151. and particularly	17405
sections 151.01 and 151.05 of the Revised Code, original	17406
obligations in an aggregate principal amount not to exceed	17407
$~~23,000,000~~53,000,000 in addition to the original issuance of	17408
obligations heretofore authorized by prior acts of the General	17409
Assembly. These authorized obligations shall be issued, subject to	17410
applicable constitutional and statutory limitations, as needed to	17411
provide sufficient moneys to the credit of the Ohio Parks and	17412
Natural Resources Fund (Fund 7031) to pay costs of capital	17413
facilities as defined in sections 151.01 and 151.05 of the Revised	17414
Code.	17415

Section 601.21. That existing Sections 203.80 and 203.83 of	17416
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	17417

Section 701.20. To the extent permitted by federal law,	17418
federal money received by the state for fiscal stabilization and	17419
recovery purposes shall be used in accordance with the preferences	17420
for products and services made or performed in the United States	17421
and Ohio established in section 125.09 of the Revised Code.	17422

Section 737.10. Notwithstanding any provision of Chapter	17423
3769. of the Revised Code and through December 31, 2013, the State	17424
Racing Commission may issue a temporary permit to conduct live	17425
horse-racing meetings at a location where other permits to conduct	17426
live horse-racing meetings have been issued. Such permits shall be	17427
issued to a permit holder for a period not to aggregate more than	17428
one year from the first date of issuance. The Commission may adopt	17429
rules under Chapter 119. of the Revised Code to effectuate this	17430
section and to establish the procedures and conditions to apply	17431
for a temporary permit under this section.	17432

Section 747.10. On the effective date of the amendments made	17433
to section 4765.02 of the Revised Code by this act, the member of	17434
the renamed State Board of Emergency Medical, Fire, and	17435
Transportation Services who is an administrator of an adult or	17436
pediatric trauma center shall cease to be a member of the Board.	17437
On the effective date of the amendments made to section 4765.02 of	17438
the Revised Code by this act, the member of the renamed State	17439
Board of Emergency Medical, Fire, and Transportation Services who	17440
is a member of the Ohio Ambulance Association shall cease to be a	17441
member of the Board. On the effective date of the amendments made	17442
to section 4765.02 of the Revised Code by this act, the member of	17443
the renamed State Board of Emergency Medical, Fire, and	17444
Transportation Services who is a physician certified by the	17445
American board of surgery, American board of osteopathic surgery,	17446
American osteopathic board of emergency medicine, or American	17447
board of emergency medicine, is chief medical officer of an air	17448
medical agency, and is currently active in providing emergency	17449
medical services shall cease to be a member of the Board. On the	17450
effective date of the amendments made to section 4765.02 of the	17451
Revised Code by this act, of the members of the renamed State	17452
Board of Emergency Medical, Fire, and Transportation Services who	17453
were EMTs, AEMTs, or paramedics and were appointed to the Board in	17454
that capacity, only the members who are designated by the Governor	17455
to continue to be members of the Board shall continue to be so;	17456
the other persons shall cease to be members of the Board. On the	17457
effective date of the amendments made to section 4765.02 of the	17458
Revised Code by this act, the member of the renamed State Board of	17459
Emergency Medical, Fire, and Transportation Services who is a	17460
registered nurse and is in the active practice of emergency	17461
nursing shall cease to be a member of the Board. Not later than	17462
sixty days after the effective date of those amendments, the	17463
Governor shall appoint to the renamed State Board of Emergency	17464
Medical, Fire, and Transportation Services an adult or pediatric	17465
trauma program manager or trauma program director who is involved	17466
in the daily management of a verified trauma center. The Governor	17467
shall appoint this member from among three persons nominated by	17468
the Ohio Nurses Association, three persons nominated by the Ohio	17469
Society of Trauma Nurse Leaders, and three persons nominated by	17470
the Ohio State Council of the Emergency Nurses Association.	17471

On the effective date of the amendments made to section	17472
4765.02 of the Revised Code by this act, all members of the former	17473
State Board of Emergency Medical Services who do not cease to be	17474
members of the renamed State Board of Emergency Medical, Fire, and	17475
Transportation Services by the terms of this act shall continue to	17476
be members of the renamed State Board of Emergency Medical, Fire,	17477
and Transportation Services, and the dates on which the terms of	17478
the continuing members expire shall be the dates on which their	17479
terms as members of the former State Board of Emergency Medical	17480
Services expired. On the effective date of the amendments made to	17481
section 4765.02 of the Revised Code by this act, the following	17482
members of the former Ohio Medical Transportation Board shall	17483
become members of the State Board of Emergency Medical, Fire, and	17484
Transportation Services, and the dates on which those members'	17485
terms on the State Board of Emergency Medical, Fire, and	17486
Transportation Services expire shall be as follows:	17487

The person who owns or operates a private emergency medical	17488
service organization operating in this state, as designated by the	17489
Governor, term ends November 12, 2014;	17490

The person who owns or operates a nonemergency medical	17491
service organization that provides only ambulette services, term	17492
ends November 12, 2014;	17493

The person who is a member of the Ohio Association of	17494
Critical Care Transport and represents air-based services, term	17495
ends November 12, 2015;	17496

The person who is a member of the Ohio Association of	17497
Critical Care Transport and represents a ground-based mobile	17498
intensive care unit organization, term ends November 12, 2015.	17499

All subsequent terms of office for these four positions on	17500
the State Board of Emergency Medical, Fire, and Transportation	17501
Services shall be for three years as provided in section 4765.02	17502
of the Revised Code.	17503

On July 1, 2013, the Medical Transportation Board and all of	17504
its functions are transferred to the Department of Public Safety.	17505
As of such date, the Medical Transportation Board shall operate	17506
under the Department of Public Safety, which shall assume all of	17507
the Board's functions. All assets, liabilities, any capital	17508
spending authority related thereto, and equipment and records,	17509
regardless of form or medium, related to the Medical	17510
Transportation Board's functions are transferred to the Department	17511
of Public Safety on July 1, 2013.	17512

No validation, cure, right, privilege, remedy, obligation, or	17513
liability is lost or impaired by reason of the transfer. All of	17514
the Medical Transportation Board's rules, orders, and	17515
determinations continue in effect as rules, orders, and	17516
determinations of the Department of Public Safety until modified	17517
or rescinded by the Department of Public Safety.	17518

No action or proceeding pending on July 1, 2013, is affected	17519
by the transfer and any action or proceeding pending on July 1,	17520
2013, shall be prosecuted or defended in the name of the	17521
Department of Public Safety or its director. In all such actions	17522
and proceedings, the Department of Public Safety or its director,	17523
upon application to the court, shall be substituted as a party.	17524

On or after July 1, 2013, notwithstanding any provision of	17525
law to the contrary, the Director of Budget and Management shall	17526
take any action with respect to budget changes made necessary by	17527
the transfer. The Director may transfer cash balances between	17528
funds. The Director may cancel encumbrances in 915604, Operating	17529
Expenses, and reestablish encumbrances or parts of encumbrances in	17530
765624, Operating - EMS, as needed in the fiscal year in the	17531
appropriate fund and appropriation item for the same purpose and	17532
to the same vendor. As determined by the Director, encumbrances	17533
reestablished in the fiscal year in a different fund or	17534
appropriation item used by an agency or between agencies are	17535
appropriated. The Director shall reduce each year's appropriation	17536
balances by the amount of the encumbrance canceled in their	17537
respective funds and appropriation item. Any unencumbered or	17538
unallocated appropriation balances from the previous fiscal year	17539
may be transferred to the appropriate appropriation item to be	17540
used for the same purposes, as determined by the Director. Any	17541
such transfers are hereby appropriated.	17542

This section is exempt from the referendum under Ohio	17543
Constitution, Article II, Section 1d and section 1.471 of the	17544
Revised Code and therefore takes effect immediately when this act	17545
becomes law.	17546

Section 755.10. The Director of Transportation may enter into	17547
agreements as provided in this section with the United States or	17548
any department or agency of the United States, including, but not	17549
limited to, the United States Army Corps of Engineers, the United	17550
States Forest Service, the United States Environmental Protection	17551
Agency, and the United States Fish and Wildlife Service. An	17552
agreement entered into pursuant to this section shall be solely	17553
for the purpose of dedicating staff to the expeditious and timely	17554
review of environmentally related documents submitted by the	17555
Director of Transportation, as necessary for the approval of	17556
federal permits. The agreements may include provisions for advance	17557
payment by the Director of Transportation for labor and all other	17558
identifiable costs of the United States or any department or	17559
agency of the United States providing the services, as may be	17560
estimated by the United States, or the department or agency of the	17561
United States. The Director shall submit a request to the	17562
Controlling Board indicating the amount of the agreement, the	17563
services to be performed by the United States or the department or	17564
agency of the United States, and the circumstances giving rise to	17565
the agreement.	17566

Section 755.20. There is hereby created the Joint Legislative	17567
Task Force on Department of Transportation Funding. The Task Force	17568
shall consist of three members of the House Finance and	17569
Appropriations Committee, two of whom shall be appointed by the	17570
Speaker of the House of Representatives and one of whom shall be	17571
appointed by the Minority Leader of the House of Representatives,	17572
and three members of the Senate Transportation Committee, two of	17573
whom shall be appointed by the President of the Senate and one of	17574
whom shall be appointed by the Minority Leader of the Senate.	17575

The Task Force shall examine the funding needs of the Ohio	17576
Department of Transportation. The Task Force also shall study	17577
specifically the issue of the elimination of the Ohio motor fuel	17578
tax. Not later than December 15, 2014, the Task Force shall issue	17579
a report containing its findings and recommendations to the	17580
President of the Senate, the Minority Leader of the Senate, the	17581
Speaker of the House of Representatives, and the Minority Leader	17582
of the House of Representatives. At that time, the Task Force	17583
shall cease to exist.	17584

Section 755.30. On July 1, 2013, and on the first day of the	17585
month for each month thereafter, the Treasurer of State, before	17586
making any of the distributions specified in sections 5735.23,	17587
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	17588
the first two per cent of the amount of motor fuel tax received	17589
for the preceding calendar month to the credit of the Highway	17590
Operating Fund (Fund 7002).	17591

Section 755.40. It is the intent of the General Assembly	17592
that the amendments to section 4511.21 of the Revised Code	17593
contained in Section 101.01 of this act are not to result in any	17594
decrease of any speed limit on any freeway that is in effect on	17595
the effective date of those amendments.	17596

Section 755.50. Not later than July 1, 2013, the Director of	17597
Transportation shall establish a turnpike mitigation program to	17598
assist political subdivisions through which a portion of the Ohio	17599
Turnpike passes and address concerns resulting from the proximity	17600
of the Ohio Turnpike. The program may provide monetary and other	17601
resources, and shall address conditions including noise	17602
mitigation, bridge embankments, drainage, bridge repair, grade	17603
separations, and other related conditions.	17604

The Director may consult with affected political subdivisions	17605
in assessing needs and in developing the program. Upon	17606
establishing the program, the Director shall notify affected	17607
subdivisions in an appropriate manner of the availability of the	17608
program.	17609

As used in this section, "Ohio turnpike" has the same meaning	17610
as in section 5537.26 of the Revised Code.	17611

Section 757.10. Notwithstanding Chapter 5735. of the Revised	17612
Code, the following shall apply for the period of July 1, 2013,	17613
through June 30, 2015:	17614

(A) For the discount under section 5735.06 of the Revised	17615
Code, if the monthly report is timely filed and the tax is timely	17616
paid, one per cent of the total number of gallons of motor fuel	17617
received by the motor fuel dealer within the state during the	17618
preceding calendar month, less the total number of gallons	17619
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	17620
the Revised Code, less one-half of one per cent of the total	17621
number of gallons of motor fuel that were sold to a retail dealer	17622
during the preceding calendar month.	17623

(B) For the semiannual periods ending December 31, 2013, June	17624
30, 2014, December 31, 2014, and June 30, 2015, the refund	17625
provided to retail dealers under section 5735.141 of the Revised	17626
Code shall be one-half of one per cent of the Ohio motor fuel	17627
taxes paid on fuel purchased during those semiannual periods.	17628

Section 757.20. (A) The Department of Taxation shall notify	17629
taxpayers of the requirement to separately identify taxable gross	17630
receipts attributable to motor fuel used for propelling vehicles	17631
on public highways as distinguished from other taxable gross	17632
receipts. The Department shall collect data from taxpayers	17633
affected by the amendments to sections 5751.02, 5751.051, and	17634
5751.20 of the Revised Code to determine which of such taxpayers'	17635
receipts received between December 7, 2012, and June 30, 2013,	17636
were attributable to motor fuel used for propelling vehicles on	17637
public highways.	17638

(B)(1) On or before June 25, 2013, the Tax Commissioner shall	17639
certify to the Director of Budget and Management an estimated	17640
amount of commercial activity tax revenue received between	17641
December 7, 2012, and June 30, 2013, derived from taxable gross	17642
receipts attributable to motor fuel used for propelling vehicles	17643
on public highways. On or before June 30, 2013, the Director shall	17644
transfer the amount so certified from the General Revenue Fund to	17645
the Commercial Activity Tax Motor Fuel Receipts Fund.	17646

(2) Before the Director of Budget and Management completes	17647
the transfer required under division (B)(2) of section 5751.20 of	17648
the Revised Code on or before November 20, 2013, the Commissioner	17649
shall certify a reconciliation of the amount described in division	17650
(B)(1) of this section to the Director based on information the	17651
Commissioner receives from taxpayers affected by the amendment by	17652
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	17653
Code. The director shall use that certified, reconciled amount to	17654
offset or augment the transfer required to be made by the Director	17655
on or before November 20, 2013.	17656

(C) The Tax Commissioner shall make the first calculation and	17657
payment required under division (B)(2) of section 5751.20 of the	17658
Revised Code, as amended by this act, on or before November 20,	17659
2013, using, for the purpose of that calculation, taxable gross	17660
receipts attributed to motor fuel used for propelling vehicles on	17661
public highways as indicated by returns due by November 10, 2013.	17662

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	17663
APPROPRIATIONS	17664

Law contained in the main operating appropriations act of the	17665
130th General Assembly that is generally applicable to the	17666
appropriations made in the main operating appropriations act also	17667
is generally applicable to the appropriations made in this act.	17668

Section 801.20. As used in the uncodified law of this act,	17669
"American Recovery and Reinvestment Act of 2009" means the	17670
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	17671
111-5, 123 Stat. 115.	17672

Section 803.10. The repeal of section 3791.11 of the Revised	17673
Code does not cancel or otherwise terminate a bond that is in	17674
effect on the effective date of the repeal. Such a bond continues	17675
in effect and expires according to its terms. Upon expiration of	17676
the bond, the depositor is not required to renew the bond and any	17677
amount posted shall be returned to the depositor.	17678

Section 806.10. The items of law contained in this act, and	17679
their applications, are severable. If any item of law contained in	17680
this act, or if any application of any item of law contained in	17681
this act, is held invalid, the invalidity does not affect other	17682
items of law contained in this act and their applications that can	17683
be given effect without the invalid item or application.	17684

Section 812.10. Except as otherwise provided in this act,	17685
the amendment, enactment, or repeal by this act of a section of	17686
law is subject to the referendum under Ohio Constitution, Article	17687
II, Section 1c and therefore takes effect on the ninety-first day	17688
after this act is filed with the Secretary of State or, if a later	17689
effective date is specified below, on that date.	17690

Section 812.20. In this section, an "appropriation" includes	17691
another provision of law in this act that relates to the subject	17692
of the appropriation.	17693

An appropriation of money made in this act is not subject to	17694
the referendum insofar as a contemplated expenditure authorized	17695
thereby is wholly to meet a current expense within the meaning of	17696
Ohio Constitution, Article II, Section 1d and section 1.471 of the	17697
Revised Code. To that extent, the appropriation takes effect	17698
immediately when this act becomes law. Conversely, the	17699
appropriation is subject to the referendum insofar as a	17700
contemplated expenditure authorized thereby is wholly or partly	17701
not to meet a current expense within the meaning of Ohio	17702
Constitution, Article II, Section 1d and section 1.471 of the	17703
Revised Code. To that extent, the appropriation takes effect on	17704
the ninety-first day after this act is filed with the Secretary of	17705
State.	17706

Section 812.20.10. The amendment or enactment by this act of	17707
division (A)(3) of section 5751.051 of the Revised Code, division	17708
(J) of section 5751.20 of the Revised Code, and Section 757.20 of	17709
this act is exempt from the referendum under Ohio Constitution,	17710
Article II, Section 1d and section 1.471 of the Revised Code, and	17711
therefore takes effect immediately when this act becomes law.	17712

Section 812.20.20. The amendment by this act of sections	17713
5751.02, 5751.051, except for division (A)(3) of that section, and	17714
5751.20 of the Revised Code, except for division (J) of that	17715
section, take effect on July 1, 2013.	17716

Section 812.30. The amendment by this act of Section 10 of	17717
Am. Sub. H.B. 386 of the 129th General Assembly goes into	17718
immediate effect.	17719

Section 815.10. The General Assembly, applying the principle	17720
stated in division (B) of section 1.52 of the Revised Code that	17721
amendments are to be harmonized if reasonably capable of	17722
simultaneous operation, finds that the following sections,	17723
presented in this act as composites of the sections as amended by	17724
the acts indicated, are the resulting versions of the sections in	17725
effect prior to the effective date of the sections as presented in	17726
this act:	17727

Section 5739.02 of the Revised Code as amended by both Am.	17728
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	17729

Section 5747.01 of the Revised Code as amended by Am. H.B.	17730
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	17731
General Assembly.	17732

Section 5751.01 of the Revised Code as amended by both Am.	17733
Sub. H.B. 472 and Am. Sub. H.B. 510 of the 129th General Assembly.	17734

Section 5751.20 of the Revised Code as amended by both Am.	17735
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	17736