As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 51

Representatives McGregor, Patmon

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

A BILL

To amend sections 9.33, 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,

2913.01, 2913.02, 2913.51, 2937.221, 3354.13,

3355.10, 3357.12, 3705.242, 3791.12, 3791.13,

3791.99, 4501.01, 4501.03, 4501.04, 4501.041,

4501.042, 4501.043, 4501.06, 4503.03, 4503.04,

4503.042, 4503.07, 4503.103, 4503.11, 4503.19,

4503.191, 4503.22, 4503.42, 4503.45, 4503.49,

4504.19, 4504.21, 4505.11, 4506.08, 4506.09,

4507.011, 4507.05, 4507.23, 4511.01, 4511.13,

4511.21, 4511.61, 4513.263, 4513.34, 4513.53,

4513.66, 4517.021, 4561.01, 4561.06, 4561.07,

4561.08, 4561.09, 4561.12, 4561.21, 4582.06,

4737.04, 4737.99, 4743.05, 4765.02, 4765.03,

4765.04, 4765.05, 4765.06, 4765.07, 4765.08,

4765.09, 4765.10, 4765.101, 4765.102, 4765.11,

4765.111, 4765.112, 4765.113, 4765.114, 4765.115,

4765.116, 4765.12, 4765.15, 4765.16, 4765.17,

4765.18, 4765.22, 4765.23, 4765.28, 4765.29,

4765.30, 4765.31, 4765.32, 4765.33, 4765.37,

4765.38, 4765.39, 4765.40, 4765.42, 4765.48,

4765.49, 4765.55, 4765.56, 4766.01, 4766.03,

4766.04, 4766.05, 4766.07, 4766.08, 4766.09,

4766.10, 4766.11, 4766.12, 4766.13, 4766.15,

4766.22, 5501.03, 5501.17, 5501.31, 5501.73,

5501.77, 5502.01, 5503.01, 5503.03, 5503.04,

5503.31, 5503.32, 5513.01, 5517.02, 5525.01,

5525.16, 5526.01, 5533.121, 5533.31, 5537.01,

5537.02, 5537.03, 5537.04, 5537.05, 5537.051,

5537.06, 5537.07, 5537.08, 5537.09, 5537.11,

5537.12, 5537.13, 5537.14, 5537.15, 5537.16,

5537.17, 5537.19, 5537.20, 5537.21, 5537.22,

5537.24, 5537.25, 5537.26, 5537.27, 5537.28,

5537.30, 5577.05, 5728.01, 5735.05, 5735.23,

5739.02, 5747.01, 5747.08, 5747.98, 5751.01,

5751.02, 5751.051, and 5751.20; to enact sections

4501.031, 4503.192, 4503.83, 4582.171, 4765.59,

5517.021, 5537.18, 5553.051, 5577.044, and

5747.053; and to repeal sections 126.60, 126.601,

126.602, 126.603, 126.604, 126.605, 3791.11,

4766.02, 4766.20, 4981.36, 4981.361, and 5540.151

of the Revised Code; to amend Section 10 of Am.

Sub. H.B. 386 of the 129th General Assembly; and

to amend Sections 203.80 and 203.83 of Sub. H.B.

482 of the 129th General Assembly; to amend the

versions of sections 4501.01, 4503.04, 4503.22,

4507.05, and 4511.01 of the Revised Code that are

scheduled to take effect January 1, 2017, to

continue the amendments by this act on and after

that effective date; to make appropriations for

programs related to transportation and public

safety for the biennium beginning July 1, 2013,

and ending June 30, 2015, and to provide

authorization and conditions for the operation of

those programs.

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

Section 101.01. That sections 9.33, 123.21, 126.06, 126.503,	57
127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37,	58
505.375, 505.44, 505.72, 718.01, 2913.01, 2913.02, 2913.51,	59
2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 3791.12, 3791.13,	60
3791.99, 4501.01, 4501.03, 4501.04, 4501.041, 4501.042, 4501.043,	61
4501.06, 4503.03, 4503.04, 4503.042, 4503.07, 4503.103, 4503.11,	62
4503.19, 4503.191, 4503.22, 4503.42, 4503.45, 4503.49, 4504.19,	63
4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 4507.05, 4507.23,	64
4511.01, 4511.13, 4511.21, 4511.61, 4513.263, 4513.34, 4513.53,	65
4513.66, 4517.021, 4561.01, 4561.06, 4561.07, 4561.08, 4561.09,	66
4561.12, 4561.21, 4582.06, 4737.04, 4737.99, 4743.05, 4765.02,	67
4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09,	68
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	69
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	70
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	71
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	72
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	73
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	74
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31,	75
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31,	76
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.121,	77
5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051,	78
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13,	79
5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21,	80
5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30,	81
5577.05, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01, 5747.08,	82
5747.98, 5751.01, 5751.02, 5751.051, and 5751.20 be amended, and	83
sections 4501.031, 4503.192, 4503.83, 4582.171, 4765.59, 5517.021,	84
5537.18, 5553.051, 5577.044, and 5747.053 of the Revised Code be	85
enacted to read as follows:	86

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	87
Code:	88

(A) "Construction manager" means a person with substantial	89
discretion and authority to plan, coordinate, manage, and direct	90
all phases of a project for the construction, demolition,	91
alteration, repair, or reconstruction of any public building,	92
structure, or other improvement, but does not mean the person who	93
provides the professional design services or who actually performs	94
the construction, demolition, alteration, repair, or	95
reconstruction work on the project.	96

(B)(1) "Construction manager at risk" means a person with	97
substantial discretion and authority to plan, coordinate, manage,	98
direct, and construct all phases of a project for the	99
construction, demolition, alteration, repair, or reconstruction of	100
any public building, structure, or other improvement and who	101
provides the public authority a guaranteed maximum price as	102
determined in section 9.334 of the Revised Code.	103

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

104

(a) "Construct" includes performing, or subcontracting for	105
performing, construction, demolition, alteration, repair, or	106
reconstruction.	107

(b) "Manage" includes approving bidders and awarding	108
subcontracts for furnishing materials regarding, or for	109
performing, construction, demolition, alteration, repair, or	110
reconstruction.	111

(C) "Construction management contract" means a contract	112
between a public authority and another person obligating the	113
person to provide construction management services.	114

(D) "Construction management services" or "management	115
services" means the range of services that either a construction	116
manager or a construction manager at risk may provide.	117

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

118

(1) Competence to perform the required management services as	119
indicated by the technical training, education, and experience of	120
the construction manager's or construction manager at risk's	121
personnel, especially the technical training, education, and	122
experience of the construction manager's or construction manager	123
at risk's employees who would be assigned to perform the services;	124

(2) Ability in terms of workload and the availability of	125
qualified personnel, equipment, and facilities to perform the	126
required management services competently and expeditiously;	127

(3) Past performance as reflected by the evaluations of	128
previous clients with respect to factors such as control of costs,	129
quality of work, and meeting of deadlines;	130

(4) Financial responsibility as evidenced by the capability	131
to provide a letter of credit pursuant to Chapter 1305. of the	132
Revised Code, a surety bond, certified check, or cashier's check	133
in an amount equal to the value of the construction management	134
contract, or by other means acceptable to the public authority;	135

(5) Other similar factors.

136

(F)(1) "Public authority" means the state, any state	137
institution of higher education as defined in section 3345.011 of	138
the Revised Code, any county, township, municipal corporation,	139
school district, or other political subdivision, or any public	140
agency, authority, board, commission, instrumentality, or special	141
purpose district of the state or of a political subdivision.	142

(2) "Public authority" does not include ~~the Ohio turnpike~~	143
~~commission~~the director of transportation when exercising the	144
director's authority to prepare plans for, acquire rights-of-way	145
for, construct, or maintain roads, highways, bridges, or any other	146
department of transportation facilities.	147

(G) "Open book pricing method" means a method in which a	148
construction manager at risk provides the public authority, at the	149
public authority's request, all books, records, documents, and	150
other data in its possession pertaining to the bidding, pricing,	151
or performance of a construction management contract awarded to	152
the construction manager at risk.	153

Sec. 123.21. (A) The Ohio facilities construction commission	154
may perform any act and ensure the performance of any function	155
necessary or appropriate to carry out the purposes of, and	156
exercise the powers granted under this chapter or any other	157
provision of the Revised Code, including any of the following:	158

(1) Prepare, or contract to be prepared, by licensed	159
engineers or architects, surveys, general and detailed plans,	160
specifications, bills of materials, and estimates of cost for any	161
projects, improvements, or public buildings to be constructed by	162
state agencies that may be authorized by legislative	163
appropriations or any other funds made available therefor,	164
provided that the construction of the projects, improvements, or	165
public buildings is a statutory duty of the commission. This	166
section does not require the independent employment of an	167
architect or engineer as provided by section 153.01 of the Revised	168
Code in the cases to which section 153.01 of the Revised Code	169
applies. This section does not affect or alter the existing powers	170
of the director of transportation.	171

(2) Have general supervision over the construction of any	172
projects, improvements, or public buildings constructed for a	173
state agency and over the inspection of materials prior to their	174
incorporation into those projects, improvements, or buildings.	175

(3) Make contracts for and supervise the design and	176
construction of any projects and improvements or the construction	177
and repair of buildings under the control of a state agency. All	178
such contracts may be based in whole or in part on the unit price	179
or maximum estimated cost, with payment computed and made upon	180
actual quantities or units.	181

(4) Adopt, amend, and rescind rules pertaining to the	182
administration of the construction of the public works of the	183
state as required by law, in accordance with Chapter 119. of the	184
Revised Code.	185

(5) Contract with, retain the services of, or designate, and	186
fix the compensation of, such agents, accountants, consultants,	187
advisers, and other independent contractors as may be necessary or	188
desirable to carry out the programs authorized under this chapter,	189
or authorize the executive director to perform such powers and	190
duties.	191

(6) Receive and accept any gifts, grants, donations, and	192
pledges, and receipts therefrom, to be used for the programs	193
authorized under this chapter.	194

(7) Make and enter into all contracts, commitments, and	195
agreements, and execute all instruments, necessary or incidental	196
to the performance of its duties and the execution of its rights	197
and powers under this chapter, or authorize the executive director	198
to perform such powers and duties.	199

(8) Debar a contractor as provided in section 153.02 of the	200
Revised Code.	201

(B) The commission shall appoint, with the advice and consent	202
of the senate, and fix the compensation of an executive director	203
who shall serve at the pleasure of the commission. The executive	204
director shall exercise all powers that the commission possesses,	205
supervise the operations of the commission, and perform such other	206
duties as delegated by the commission. The executive director also	207
shall employ and fix the compensation of such employees as will	208
facilitate the activities and purposes of the commission, who	209
shall serve at the pleasure of the executive director. The	210
employees of the commission are exempt from Chapter 4117. of the	211
Revised Code and are not considered public employees as defined in	212
section 4117.01 of the Revised Code. Any agreement entered into	213
prior to July 1, 2012, between the office of collective bargaining	214
and the exclusive representative for employees of the commission	215
is binding and shall continue to have effect.	216

(C) The attorney general shall serve as the legal	217
representative for the commission and may appoint other counsel as	218
necessary for that purpose in accordance with section 109.07 of	219
the Revised Code.	220

Sec. 126.06. The total operating fund consists of all funds	221
in the state treasury except the auto registration distribution	222
fund, local motor vehicle license tax fund, development bond	223
retirement fund, facilities establishment fund, gasoline excise	224
tax fund, higher education improvement fund, highway improvement	225
bond retirement fund, highway obligations bond retirement fund,	226
highway capital improvement fund, improvements bond retirement	227
fund, mental health facilities improvement fund, parks and	228
recreation improvement fund, public improvements bond retirement	229
fund, school district income tax fund, state agency facilities	230
improvement fund, state and local government highway distribution	231
fund, state highway safety fund, Vietnam conflict compensation	232
fund, any other fund determined by the director of budget and	233
management to be a bond fund or bond retirement fund, and such	234
portion of the highway operating fund as is determined by the	235
director of budget and management and the director of	236
transportation to be restricted by Section 5a of Article XII, Ohio	237
Constitution.	238

When determining the availability of money in the total	239
operating fund to pay claims chargeable to a fund contained within	240
the total operating fund, the director of budget and management	241
shall use the same procedures and criteria the director employs in	242
determining the availability of money in a fund contained within	243
the total operating fund. The director may establish limits on the	244
negative cash balance of the general revenue fund within the total	245
operating fund, but in no case shall the negative cash balance of	246
the general revenue fund exceed ten per cent of the total revenue	247
of the general revenue fund in the preceding fiscal year.	248

Sec. 126.503. All state agencies shall control ~~nonessential~~	249
travel expenses by doing all of the following:	250

(A) Complying with any travel directives issued by the	251
director of budget and management;	252

(B) Using, when possible, the online travel authorization and	253
expense reimbursement process;	254

(C) Conducting meetings, whenever possible and in compliance	255
with section 121.22 of the Revised Code, using conference calls,	256
teleconferences, webinars, or other technology tools;	257

(D) Using fleet vehicles for official state travel whenever	258
possible; and	259

(E) Following restrictions set by the department of	260
administrative services regarding mileage reimbursement pursuant	261
to section 125.832 of the Revised Code.	262

In addition to the methods of travel expense control listed	263
above, a state agency may use a state-contracted rental vehicle	264
provider for employee vehicle travel exceeding one hundred miles.	265

The director of budget and management shall not reimburse any	266
state agency employee for unauthorized travel expenses.	267

Sec. 127.14. The controlling board may, at the request of	268
any state agency or the director of budget and management,	269
authorize, with respect to the provisions of any appropriation	270
act:	271

(A) Transfers of all or part of an appropriation within but	272
not between state agencies, except such transfers as the director	273
of budget and management is authorized by law to make, provided	274
that no transfer shall be made by the director for the purpose of	275
effecting new or changed levels of program service not authorized	276
by the general assembly;	277

(B) Transfers of all or part of an appropriation from one	278
fiscal year to another;	279

(C) Transfers of all or part of an appropriation within or	280
between state agencies made necessary by administrative	281
reorganization or by the abolition of an agency or part of an	282
agency;	283

(D) Transfers of all or part of cash balances in excess of	284
needs from any fund of the state to the general revenue fund or to	285
such other fund of the state to which the money would have been	286
credited in the absence of the fund from which the transfers are	287
authorized to be made, except that the controlling board may not	288
authorize such transfers from the accrued leave liability fund,	289
auto registration distribution fund, local motor vehicle license	290
tax fund, budget stabilization fund, development bond retirement	291
fund, facilities establishment fund, gasoline excise tax fund,	292
general revenue fund, higher education improvement fund, highway	293
improvement bond retirement fund, highway obligations bond	294
retirement fund, highway capital improvement fund, highway	295
operating fund, horse racing tax fund, improvements bond	296
retirement fund, public library fund, liquor control fund, local	297
government fund, local transportation improvement program fund,	298
mental health facilities improvement fund, Ohio fairs fund, parks	299
and recreation improvement fund, public improvements bond	300
retirement fund, school district income tax fund, state agency	301
facilities improvement fund, state and local government highway	302
distribution fund, state highway safety fund, state lottery fund,	303
undivided liquor permit fund, Vietnam conflict compensation bond	304
retirement fund, volunteer fire fighters' dependents fund,	305
waterways safety fund, wildlife fund, workers' compensation fund,	306
or any fund not specified in this division that the director of	307
budget and management determines to be a bond fund or bond	308
retirement fund;	309

(E) Transfers of all or part of those appropriations included	310
in the emergency purposes account of the controlling board;	311

(F) Temporary transfers of all or part of an appropriation or	312
other moneys into and between existing funds, or new funds, as may	313
be established by law when needed for capital outlays for which	314
notes or bonds will be issued;	315

(G) Transfer or release of all or part of an appropriation to	316
a state agency requiring controlling board approval of such	317
transfer or release as provided by law;	318

(H) Temporary transfer of funds included in the emergency	319
purposes appropriation of the controlling board. Such temporary	320
transfers may be made subject to conditions specified by the	321
controlling board at the time temporary transfers are authorized.	322
No transfers shall be made under this division for the purpose of	323
effecting new or changed levels of program service not authorized	324
by the general assembly.	325

As used in this section, "request" means an application by a	326
state agency or the director of budget and management seeking some	327
action by the controlling board.	328

When authorizing the transfer of all or part of an	329
appropriation under this section, the controlling board may	330
authorize the transfer to an existing appropriation item and the	331
creation of and transfer to a new appropriation item.	332

Whenever there is a transfer of all or part of funds included	333
in the emergency purposes appropriation by the controlling board,	334
pursuant to division (E) of this section, the state agency or the	335
director of budget and management receiving such transfer shall	336
keep a detailed record of the use of the transferred funds. At the	337
earliest scheduled meeting of the controlling board following the	338
accomplishment of the purposes specified in the request originally	339
seeking the transfer, or following the total expenditure of the	340
transferred funds for the specified purposes, the state agency or	341
the director of budget and management shall submit a report on the	342
expenditure of such funds to the board. The portion of any	343
appropriation so transferred which is not required to accomplish	344
the purposes designated in the original request to the controlling	345
board shall be returned to the proper appropriation of the	346
controlling board at this time.	347

Notwithstanding any provisions of law providing for the	348
deposit of revenues received by a state agency to the credit of a	349
particular fund in the state treasury, whenever there is a	350
temporary transfer of funds included in the emergency purposes	351
appropriation of the controlling board pursuant to division (H) of	352
this section, revenues received by any state agency receiving such	353
a temporary transfer of funds shall, as directed by the	354
controlling board, be transferred back to the emergency purposes	355
appropriation.	356

The board may delegate to the director of budget and	357
management authority to approve transfers among items of	358
appropriation under division (A) of this section.	359

Sec. 153.01. (A) Whenever any building or structure for the	360
use of the state or any institution supported in whole or in part	361
by the state or in or upon the public works of the state that is	362
administered by the Ohio facilities construction commission or by	363
any other state officer or state agency authorized by law to	364
administer a project, including an educational institution listed	365
in section 3345.50 of the Revised Code, is to be erected or	366
constructed, whenever additions, alterations, or structural or	367
other improvements are to be made, or whenever heating, cooling,	368
or ventilating plants or other equipment is to be installed or	369
material supplied therefor, the estimated cost of which amounts to	370
two hundred thousand dollars or more, or the amount determined	371
pursuant to section 153.53 of the Revised Code or more, each	372
officer, board, or other authority upon which devolves the duty of	373
constructing, erecting, altering, or installing the same, referred	374
to in sections 153.01 to 153.60 of the Revised Code as the public	375
authority, shall cause to be made, by an architect or engineer	376
whose contract of employment shall be prepared and approved by the	377
attorney general, the following:	378

(1) Full and accurate plans, suitable for the use of	379
mechanics and other builders in the construction, improvement,	380
addition, alteration, or installation;	381

(2) Details to scale and full-sized, so drawn and represented	382
as to be easily understood;	383

(3) Definite and complete specifications of the work to be	384
performed, together with directions that will enable a competent	385
mechanic or other builder to carry them out and afford bidders all	386
needful information;	387

(4) A full and accurate estimate of each item of expense and	388
the aggregate cost of those items of expense;	389

(5) A life-cycle cost analysis;

390

(6) Further data as may be required by the Ohio facilities	391
construction commission.	392

(B)(1) Division (A) of this section shall not be required	393
with respect to a construction management contract entered into	394
with a construction manager at risk as described in section 9.334	395
of the Revised Code or a design-build contract entered into with a	396
design-build firm as described in section 153.693 of the Revised	397
Code.	398

(2) Nothing in this chapter shall interfere with the power of	399
the director of transportation to prepare plans for, acquire	400
rights-of-way for, construct, or maintain roads, highways,	401
bridges, or any other department of transportation facilities, or	402
to let contracts for those purposes.	403

Sec. 153.65. As used in sections 153.65 to 153.73 of the	404
Revised Code:	405

(A)(1) "Public authority" means the state, a state	406
institution of higher education as defined in section 3345.011 of	407
the Revised Code, a county, township, municipal corporation,	408
school district, or other political subdivision, or any public	409
agency, authority, board, commission, instrumentality, or special	410
purpose district of the state or of a political subdivision.	411

(2) "Public authority" does not include ~~the Ohio turnpike~~	412
~~commission~~the director of transportation when exercising the	413
director's authority to prepare plans for, acquire rights-of-way	414
for, construct, or maintain roads, highways, bridges, or any other	415
department of transportation facilities.	416

(B) "Professional design firm" means any person legally	417
engaged in rendering professional design services.	418

(C) "Professional design services" means services within the	419
scope of practice of an architect or landscape architect	420
registered under Chapter 4703. of the Revised Code or a	421
professional engineer or surveyor registered under Chapter 4733.	422
of the Revised Code.	423

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

424

(1)(a) For a professional design firm, competence to perform	425
the required professional design services as indicated by the	426
technical training, education, and experience of the firm's	427
personnel, especially the technical training, education, and	428
experience of the employees within the firm who would be assigned	429
to perform the services;	430

(b) For a design-build firm, competence to perform the	431
required design-build services as indicated by the technical	432
training, education, and experience of the design-build firm's	433
personnel and key consultants, especially the technical training,	434
education, and experience of the employees and consultants of the	435
design-build firm who would be assigned to perform the services,	436
including the proposed architect or engineer of record.	437

(2) Ability of the firm in terms of its workload and the	438
availability of qualified personnel, equipment, and facilities to	439
perform the required professional design services or design-build	440
services competently and expeditiously;	441

(3) Past performance of the firm as reflected by the	442
evaluations of previous clients with respect to such factors as	443
control of costs, quality of work, and meeting of deadlines;	444

(4) Any other relevant factors as determined by the public	445
authority;	446

(5) With respect to a design-build firm, compliance with	447
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	448
including the use of a licensed design professional for all design	449
services.	450

(E) "Design-build contract" means a contract between a public	451
authority and another person that obligates the person to provide	452
design-build services.	453

(F) "Design-build firm" means a person capable of providing	454
design-build services.	455

(G) "Design-build services" means services that form an	456
integrated delivery system for which a person is responsible to a	457
public authority for both the design and construction, demolition,	458
alteration, repair, or reconstruction of a public improvement.	459

(H) "Architect or engineer of record" means the architect or	460
engineer that serves as the final signatory on the plans and	461
specifications for the design-build project.	462

(I) "Criteria architect or engineer" means the architect or	463
engineer retained by a public authority to prepare conceptual	464
plans and specifications, to assist the public authority in	465
connection with the establishment of the design criteria for a	466
design-build project, and, if requested by the public authority,	467
to serve as the representative of the public authority and	468
provide, during the design-build project, other design and	469
construction administration services on behalf of the public	470
authority, including but not limited to, confirming that the	471
design prepared by the design-build firm reflects the original	472
design intent established in the design criteria package.	473

(J) "Open book pricing method" means a method in which a	474
design-build firm provides the public authority, at the public	475
authority's request, all books, records, documents, contracts,	476
subcontracts, purchase orders, and other data in its possession	477
pertaining to the bidding, pricing, or performance of a contract	478
for design-build services awarded to the design-build firm.	479

Sec. 164.05. (A) The director of the Ohio public works	480
commission shall do all of the following:	481

(1) Approve requests for financial assistance from district	482
public works integrating committees and enter into agreements with	483
one or more local subdivisions to provide loans, grants, and local	484
debt support and credit enhancements for a capital improvement	485
project if the director determines that:	486

(a) The project is an eligible project pursuant to this	487
chapter;	488

(b) The financial assistance for the project has been	489
properly approved and requested by the district committee of the	490
district which includes the recipient of the loan or grant;	491

(c) The amount of the financial assistance, when added to all	492
other financial assistance provided during the fiscal year for	493
projects within the district, does not exceed that district's	494
allocation of money from the state capital improvements fund for	495
that fiscal year;	496

(d) The district committee has provided such documentation	497
and other evidence as the director may require that the district	498
committee has satisfied the requirements of section 164.06 or	499
164.14 of the Revised Code;	500

(e) The portion of a district's annual allocation which the	501
director approves in the form of loans and local debt support and	502
credit enhancements for eligible projects is consistent with	503
divisions (E) and (F) of this section.	504

(2) Authorize payments to local subdivisions or their	505
contractors for costs incurred for capital improvement projects	506
which have been approved pursuant to this chapter. All requests	507
for payments shall be submitted to the director on forms and in	508
accordance with procedures specified in rules adopted by the	509
director pursuant to division (A)(4) of this section.	510

(3) Retain the services of or employ financial consultants,	511
engineers, accountants, attorneys, and such other employees as the	512
director determines are necessary to carry out the director's	513
duties under this chapter and fix the compensation for their	514
services;. From among these employees, the director shall appoint	515
a deputy with the necessary qualifications to act as the director	516
when the director is absent or temporarily unable to carry out the	517
duties of office.	518

(4) Adopt rules establishing the procedures for making	519
applications, reviewing, approving, and rejecting projects for	520
which assistance is authorized under this chapter, and any other	521
rules needed to implement the provisions of this chapter. Such	522
rules shall be adopted under Chapter 119. of the Revised Code.	523

(5) Provide information and other assistance to local	524
subdivisions and district public works integrating committees in	525
developing their requests for financial assistance for capital	526
improvements under this chapter and encourage cooperation and	527
coordination of requests and the development of multisubdivision	528
and multidistrict projects in order to maximize the benefits that	529
may be derived by districts from each year's allocation;	530

(6) Require local subdivisions, to the extent practicable, to	531
use Ohio products, materials, services, and labor in connection	532
with any capital improvement project financed in whole or in part	533
under this chapter;	534

(7) Notify the director of budget and management of all	535
approved projects, and supply all information necessary to track	536
approved projects through the state accounting system;	537

(8) Appoint the administrator of the Ohio small government	538
capital improvements commission;	539

(9) Do all other acts, enter into contracts, and execute all	540
instruments necessary or appropriate to carry out this chapter;	541

(10) Develop a standardized methodology for evaluating	542
capital improvement needs which will be used by local subdivisions	543
in preparing the plans required by division (C) of section 164.06	544
of the Revised Code. The director shall develop this methodology	545
not later than July 1, 1991.	546

(11) Establish a program to provide local subdivisions with	547
technical assistance in preparing project applications. The	548
program shall be designed to assist local subdivisions that lack	549
the financial or technical resources to prepare project	550
applications on their own.	551

(B) When the director of the Ohio public works commission	552
decides to conditionally approve or disapprove projects, the	553
director's decisions and the reasons for which they are made shall	554
be made in writing. These written decisions shall be conclusive	555
for the purposes of the validity and enforceability of such	556
determinations.	557

(C) Fees, charges, rates of interest, times of payment of	558
interest and principal, and other terms, conditions, and	559
provisions of and security for financial assistance provided	560
pursuant to the provisions of this chapter shall be such as the	561
director determines to be appropriate. If any payments required by	562
a loan agreement entered into pursuant to this chapter are not	563
paid, the funds which would otherwise be apportioned to the local	564
subdivision from the county undivided local government fund,	565
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	566
at the direction of the director of the Ohio public works	567
commission, be reduced by the amount payable. The county treasurer	568
shall, at the direction of the director, pay the amount of such	569
reductions to the state capital improvements revolving loan fund.	570
The director may renegotiate a loan repayment schedule with a	571
local subdivision whose payments from the county undivided local	572
government fund could be reduced pursuant to this division, but	573
such a renegotiation may occur only one time with respect to any	574
particular loan agreement.	575

(D) Grants approved for the repair and replacement of	576
existing infrastructure pursuant to this chapter shall not exceed	577
ninety per cent of the estimated total cost of the capital	578
improvement project. Grants approved for new or expanded	579
infrastructure shall not exceed fifty per cent of the estimated	580
cost of the new or expansion elements of the capital improvement	581
project. A local subdivision share of the estimated cost of a	582
capital improvement may consist of any of the following:	583

(1) The reasonable value, as determined by the director or	584
the administrator, of labor, materials, and equipment that will be	585
contributed by the local subdivision in performing the capital	586
improvement project;	587

(2) Moneys received by the local subdivision in any form from	588
an authority, commission, or agency of the United States for use	589
in performing the capital improvement project;	590

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

591

(4) Engineering costs incurred by the local subdivision in	592
performing engineering activities related to the project.	593

A local subdivision share of the cost of a capital	594
improvement shall not include any amounts awarded to it from the	595
local transportation improvement program fund created in section	596
164.14 of the Revised Code.	597

(E) The following portion of a district public works	598
integrating committee's annual allocation share pursuant to	599
section 164.08 of the Revised Code may be awarded to subdivisions	600
only in the form of interest-free, low-interest, market rate of	601
interest, or blended-rate loans:	602

YEAR IN WHICH	PORTION USED FOR	603
MONEYS ARE ALLOCATED	LOANS	604
Year 1	0%	605
Year 2	0%	606
Year 3	10%	607
Year 4	12%	608
Year 5	15%	609
Year 6	20%	610
Year 7, 8, 9, and 10	22%	611

(F) The following portion of a district public works	612
integrating committee's annual allocation pursuant to section	613
164.08 of the Revised Code shall be awarded to subdivisions in the	614
form of local debt supported and credit enhancements:	615

	PORTIONS USED FOR	616
YEAR IN WHICH	LOCAL DEBT SUPPORT	617
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	618
Year 1	0%	619
Year 2	0%	620
Year 3	3%	621
Year 4	5%	622
Year 5	5%	623
Year 6	7%	624
Year 7	7%	625
Year 8	8%	626
Year 9	8%	627
Year 10	8%	628

(G) For the period commencing on March 29, 1988, and ending	629
on June 30, 1993, for the period commencing July 1, 1993, and	630
ending June 30, 1999, and for each five-year period thereafter,	631
the total amount of financial assistance awarded under sections	632
164.01 to 164.08 of the Revised Code for capital improvement	633
projects located wholly or partially within a county shall be	634
equal to at least thirty per cent of the amount of what the county	635
would have been allocated from the obligations authorized to be	636
sold under this chapter during each period, if such amounts had	637
been allocable to each county on a per capita basis.	638

(H) The amount of the annual allocations made pursuant to	639
divisions (B)(1) and (5) of section 164.08 of the Revised Code	640
which can be used for new or expanded infrastructure is limited as	641
follows:	642

	PORTION WHICH MAY	643
YEAR IN WHICH	BE USED FOR NEW OR	644
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	645
Year 1	5%	646
Year 2	5%	647
Year 3	10%	648
Year 4	10%	649
Year 5	10%	650
Year 6	15%	651
Year 7	15%	652
Year 8	20%	653
Year 9	20%	654
Year 10 and each year		655
thereafter	20%	656

(I) The following portion of a district public works	657
integrating committee's annual allocation share pursuant to	658
section 164.08 of the Revised Code shall be awarded to	659
subdivisions in the form of interest-free, low-interest, market	660
rate of interest, or blended-rate loans, or local debt support and	661
credit enhancements:	662

	PORTION USED FOR LOANS	663
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	664
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	665
Year 11 and each year		666
thereafter	20%	667

(J) No project shall be approved under this section unless	668
the project is designed to have a useful life of at least seven	669
years. In addition, the average useful life of all projects for	670
which grants or loans are awarded in each district during a	671
program year shall not be less than twenty years.	672

Sec. 307.05. As used in this section, "emergency medical	673
service organization" has the same meaning as in section 4765.01	674
of the Revised Code.	675

A board of county commissioners may operate an ambulance	676
service organization or emergency medical service organization,	677
or, in counties with a population of forty thousand or less, may	678
operate a nonemergency patient transport service organization, or	679
may enter into a contract with one or more counties, townships,	680
municipal corporations, nonprofit corporations, joint emergency	681
medical services districts, fire and ambulance districts, or	682
private ambulance owners, regardless of whether such counties,	683
townships, municipal corporations, nonprofit corporations, joint	684
emergency medical services districts, fire and ambulance	685
districts, or private ambulance owners are located within or	686
without the state, in order to furnish or obtain the services of	687
ambulance service organizations, to furnish or obtain additional	688
services from ambulance service organizations in times of	689
emergency, to furnish or obtain the services of emergency medical	690
service organizations, or, in counties with a population of forty	691
thousand or less, to furnish or obtain services of nonemergency	692
patient transport service organizations, or may enter into a	693
contract with any such entity to furnish or obtain the interchange	694
of services from ambulance or emergency medical service	695
organizations, or, within counties with a population of forty	696
thousand or less, to furnish or obtain the interchange of services	697
from nonemergency patient transport service organizations, within	698
the territories of the contracting subdivisions. Except in the	699
case of a contract with a joint emergency medical services	700
district to obtain the services of emergency medical service	701
organizations, such contracts shall not be entered into with a	702
public agency or nonprofit corporation that receives more than	703
half of its operating funds from governmental entities with the	704
intention of directly competing with the operation of other	705
ambulance service organizations, nonemergency patient transport	706
service organizations, or emergency medical service organizations	707
in the county unless the public agency or nonprofit corporation is	708
awarded the contract after submitting the lowest and best bid to	709
the board of county commissioners. Any county wishing to commence	710
operation of a nonemergency patient transport service organization	711
or wishing to enter into a contract for the first time to furnish	712
or obtain services from a nonemergency patient transport service	713
organization on or after March 1, 1993, including a county in	714
which a private provider has been providing the service, shall	715
demonstrate the need for public funding for the service to, and	716
obtain approval from, the state board of emergency medical, fire,	717
and transportation services or its immediate successor board prior	718
to operating or funding the organization.	719

When such an organization is operated by the board, the	720
organization may be administered by the board, by the county	721
sheriff, or by another county officer or employee designated by	722
the board. All rules, including the determining of reasonable	723
rates, necessary for the establishment, operation, and maintenance	724
of such an organization shall be adopted by the board.	725

A contract for services of an ambulance service, nonemergency	726
patient transport service, or emergency medical service	727
organization shall include the terms, conditions, and stipulations	728
as agreed to by the parties to the contract. It may provide for a	729
fixed annual charge to be paid at the times agreed upon and	730
stipulated in the contract, or for compensation based upon a	731
stipulated price for each run, call, or emergency or the number of	732
persons or pieces of apparatus employed, or the elapsed time of	733
service required in such run, call, or emergency, or any	734
combination thereof.	735

Sec. 307.051. As used in this section, "emergency medical	736
service organization" has the same meaning as in section 4766.01	737
of the Revised Code.	738

A board of county commissioners, by adoption of an	739
appropriate resolution, may choose to have the ~~Ohio~~state board of	740
emergency medical, fire, and transportation ~~board~~services license	741
any emergency medical service organization it operates. If a board	742
adopts such a resolution, Chapter 4766. of the Revised Code,	743
except for sections 4766.06 and 4766.99 of the Revised Code,	744
applies to the county emergency medical service organization. All	745
rules adopted under the applicable sections of that chapter also	746
apply to the organization. A board, by adoption of an appropriate	747
resolution, may remove its emergency medical service organization	748
from the jurisdiction of the ~~Ohio~~state board of emergency	749
medical, fire, and transportation ~~board~~services.	750

Sec. 307.055. (A) Subject to the terms and conditions of the	751
joint resolution creating it, each joint emergency medical	752
services district may furnish ambulance services and emergency	753
medical services by one of the following methods:	754

(1) By operating an emergency medical service organization as	755
defined in section 4765.01 of the Revised Code;	756

(2) By contracting for the operation of one or more	757
facilities pursuant to division (C) or (D) of this section;	758

(3) By providing necessary services and equipment to the	759
district either directly or under a contract entered into pursuant	760
to division (B) of this section;	761

(4) By providing service through any combination of methods	762
described in divisions (A)(1) to (3) of this section.	763

(B) In order to obtain ambulance service, to obtain	764
additional ambulance service in times of emergency, or to obtain	765
emergency medical services, a joint emergency medical services	766
district may enter into a contract, for a period not to exceed	767
three years, with one or more counties, townships, municipal	768
corporations, joint fire districts, other governmental units that	769
provide ambulance service or emergency medical services, nonprofit	770
corporations, or private ambulance owners, regardless of whether	771
the entities contracted with are located within or outside this	772
state, upon such terms as are agreed to, to furnish or receive	773
ambulance services or the interchange of ambulance services or	774
emergency medical services within the several territories of the	775
contracting subdivisions, if the contract is first authorized by	776
all boards of trustees and legislative authorities in the	777
territories to be served.	778

Such a contract may provide for a fixed annual charge to be	779
paid at the times agreed upon and stipulated in the contract; or	780
for compensation based on a stipulated price for each run, call,	781
or emergency or based on the elapsed time of service required for	782
each run, call, or emergency, or based on any combination of	783
these.	784

Expenditures of a district for ambulance service or emergency	785
medical service, whether pursuant to contract or otherwise, are	786
lawful expenditures, regardless of whether the district or the	787
party with which it contracts charges an additional fee to users	788
of the service.	789

(C) The board of trustees may enter into a contract with any	790
person, municipal corporation, township, or other political	791
subdivision, and any political subdivision may contract with the	792
board, for the operation and maintenance of emergency medical	793
services facilities regardless of whether the facilities used are	794
owned or leased by the district, by another political subdivision,	795
or by the contractor.	796

(D) The district may purchase, lease, and maintain all	797
materials, buildings, land, and equipment, including vehicles, the	798
board considers necessary for the district.	799

When the board finds, by resolution, that the district has	800
personal property that is not needed for public use, or is	801
obsolete or unfit for the use for which it was acquired, the board	802
may dispose of the property in the same manner as provided in	803
section 307.12 of the Revised Code.	804

(E) Except in the case of a contract with a board of county	805
commissioners for the provision of services of an emergency	806
medical service organization, any contract entered into by a joint	807
emergency medical services district shall conform to the same	808
bidding requirements that apply to county contracts under sections	809
307.86 to 307.92 of the Revised Code.	810

(F) A county participating in a joint district may contribute	811
any of its rights or interests in real or personal property,	812
including money, and may contribute services to the district. Any	813
such contributions shall be made by a written agreement between	814
the contributing county and the district, specifying the	815
contribution as well as the rights of the participating counties	816
in the contributed property. Written agreements shall also be	817
prepared specifying the rights of participating counties in	818
property acquired by the district other than by contribution of a	819
participating county. Written agreements required by this division	820
may be amended only by written agreement of all parties to the	821
original agreement.	822

(G) A district's board of trustees, by adoption of an	823
appropriate resolution, may choose to have the ~~Ohio~~state board of	824
emergency medical, fire, and transportation ~~board~~services license	825
any emergency medical service organization the district operates.	826
If a board adopts such a resolution, Chapter 4766. of the Revised	827
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	828
applies to the district emergency medical service organization.	829
All rules adopted under the applicable sections of that chapter	830
also apply to the organization. A board, by adoption of an	831
appropriate resolution, may remove the district emergency medical	832
service organization from the jurisdiction of the ~~Ohio~~state board	833
of emergency medical, fire, and transportation ~~board~~services.	834

Sec. 505.37. (A) The board of township trustees may	835
establish all necessary rules to guard against the occurrence of	836
fires and to protect the property and lives of the citizens	837
against damage and accidents, and may, with the approval of the	838
specifications by the prosecuting attorney or, if the township has	839
adopted limited home rule government under Chapter 504. of the	840
Revised Code, with the approval of the specifications by the	841
township's law director, purchase, lease, lease with an option to	842
purchase, or otherwise provide any fire apparatus, mechanical	843
resuscitators, or other equipment, appliances, materials, fire	844
hydrants, and water supply for fire-fighting purposes that seems	845
advisable to the board. The board shall provide for the care and	846
maintenance of fire equipment, and, for these purposes, may	847
purchase, lease, lease with an option to purchase, or construct	848
and maintain necessary buildings, and it may establish and	849
maintain lines of fire-alarm communications within the limits of	850
the township. The board may employ one or more persons to maintain	851
and operate fire-fighting equipment, or it may enter into an	852
agreement with a volunteer fire company for the use and operation	853
of fire-fighting equipment. The board may compensate the members	854
of a volunteer fire company on any basis and in any amount that it	855
considers equitable.	856

When the estimated cost to purchase fire apparatus,	857
mechanical resuscitators, other equipment, appliances, materials,	858
fire hydrants, buildings, or fire-alarm communications equipment	859
or services exceeds fifty thousand dollars, the contract shall be	860
let by competitive bidding. When competitive bidding is required,	861
the board shall advertise once a week for not less than two	862
consecutive weeks in a newspaper of general circulation within the	863
township. The board may also cause notice to be inserted in trade	864
papers or other publications designated by it or to be distributed	865
by electronic means, including posting the notice on the board's	866
internet web site. If the board posts the notice on its web site,	867
it may eliminate the second notice otherwise required to be	868
published in a newspaper of general circulation within the	869
township, provided that the first notice published in such	870
newspaper meets all of the following requirements:	871

(1) It is published at least two weeks before the opening of	872
bids.	873

(2) It includes a statement that the notice is posted on the	874
board's internet web site.	875

(3) It includes the internet address of the board's internet	876
web site.	877

(4) It includes instructions describing how the notice may be	878
accessed on the board's internet web site.	879

The advertisement shall include the time, date, and place	880
where the clerk of the township, or the clerk's designee, will	881
read bids publicly. The time, date, and place of bid openings may	882
be extended to a later date by the board of township trustees,	883
provided that written or oral notice of the change shall be given	884
to all persons who have received or requested specifications not	885
later than ninety-six hours prior to the original time and date	886
fixed for the opening. The board may reject all the bids or accept	887
the lowest and best bid, provided that the successful bidder meets	888
the requirements of section 153.54 of the Revised Code when the	889
contract is for the construction, demolition, alteration, repair,	890
or reconstruction of an improvement.	891

(B) The boards of township trustees of any two or more	892
townships, or the legislative authorities of any two or more	893
political subdivisions, or any combination of these, may, through	894
joint action, unite in the joint purchase, lease, lease with an	895
option to purchase, maintenance, use, and operation of	896
fire-fighting equipment, or for any other purpose designated in	897
sections 505.37 to 505.42 of the Revised Code, and may prorate the	898
expense of the joint action on any terms that are mutually agreed	899
upon.	900

(C) The board of township trustees of any township may, by	901
resolution, whenever it is expedient and necessary to guard	902
against the occurrence of fires or to protect the property and	903
lives of the citizens against damages resulting from their	904
occurrence, create a fire district of any portions of the township	905
that it considers necessary. The board may purchase, lease, lease	906
with an option to purchase, or otherwise provide any fire	907
apparatus, appliances, materials, fire hydrants, and water supply	908
for fire-fighting purposes, or may contract for the fire	909
protection for the fire district as provided in section 9.60 of	910
the Revised Code. The fire district so created shall be given a	911
separate name by which it shall be known.	912

Additional unincorporated territory of the township may be	913
added to a fire district upon the board's adoption of a resolution	914
authorizing the addition. A municipal corporation that is within	915
or adjoining the township may be added to a fire district upon the	916
board's adoption of a resolution authorizing the addition and the	917
municipal legislative authority's adoption of a resolution or	918
ordinance requesting the addition of the municipal corporation to	919
the fire district.	920

If the township fire district imposes a tax, additional	921
unincorporated territory of the township or a municipal	922
corporation that is within or adjoining the township shall become	923
part of the fire district only after all of the following have	924
occurred:	925

(1) Adoption by the board of township trustees of a	926
resolution approving the expansion of the territorial limits of	927
the district and, if the resolution proposes to add a municipal	928
corporation, adoption by the municipal legislative authority of a	929
resolution or ordinance requesting the addition of the municipal	930
corporation to the district;	931

(2) Adoption by the board of township trustees of a	932
resolution recommending the extension of the tax to the additional	933
territory;	934

(3) Approval of the tax by the electors of the territory	935
proposed for addition to the district.	936

Each resolution of the board adopted under division (C)(2) of	937
this section shall state the name of the fire district, a	938
description of the territory to be added, and the rate and	939
termination date of the tax, which shall be the rate and	940
termination date of the tax currently in effect in the fire	941
district.	942

The board of trustees shall certify each resolution adopted	943
under division (C)(2) of this section to the board of elections in	944
accordance with section 5705.19 of the Revised Code. The election	945
required under division (C)(3) of this section shall be held,	946
canvassed, and certified in the manner provided for the submission	947
of tax levies under section 5705.25 of the Revised Code, except	948
that the question appearing on the ballot shall read:	949

"Shall the territory within ........................	950
(description of the proposed territory to be added) be added to	951
........................ (name) fire district, and a property tax	952
at a rate of taxation not exceeding ...... (here insert tax rate)	953
be in effect for .......... (here insert the number of years the	954
tax is to be in effect or "a continuing period of time," as	955
applicable)?"	956

If the question is approved by at least a majority of the	957
electors voting on it, the joinder shall be effective as of the	958
first day of July of the year following approval, and on that	959
date, the township fire district tax shall be extended to the	960
taxable property within the territory that has been added. If the	961
territory that has been added is a municipal corporation and if it	962
had adopted a tax levy for fire purposes, the levy is terminated	963
on the effective date of the joinder.	964

Any municipal corporation may withdraw from a township fire	965
district created under division (C) of this section by the	966
adoption by the municipal legislative authority of a resolution or	967
ordinance ordering withdrawal. On the first day of July of the	968
year following the adoption of the resolution or ordinance of	969
withdrawal, the municipal corporation withdrawing ceases to be a	970
part of the district, and the power of the fire district to levy a	971
tax upon taxable property in the withdrawing municipal corporation	972
terminates, except that the fire district shall continue to levy	973
and collect taxes for the payment of indebtedness within the	974
territory of the fire district as it was composed at the time the	975
indebtedness was incurred.	976

Upon the withdrawal of any municipal corporation from a	977
township fire district created under division (C) of this section,	978
the county auditor shall ascertain, apportion, and order a	979
division of the funds on hand, moneys and taxes in the process of	980
collection except for taxes levied for the payment of	981
indebtedness, credits, and real and personal property, either in	982
money or in kind, on the basis of the valuation of the respective	983
tax duplicates of the withdrawing municipal corporation and the	984
remaining territory of the fire district.	985

A board of township trustees may remove unincorporated	986
territory of the township from the fire district upon the adoption	987
of a resolution authorizing the removal. On the first day of July	988
of the year following the adoption of the resolution, the	989
unincorporated township territory described in the resolution	990
ceases to be a part of the district, and the power of the fire	991
district to levy a tax upon taxable property in that territory	992
terminates, except that the fire district shall continue to levy	993
and collect taxes for the payment of indebtedness within the	994
territory of the fire district as it was composed at the time the	995
indebtedness was incurred.	996

(D) The board of township trustees of any township, the board	997
of fire district trustees of a fire district created under section	998
505.371 of the Revised Code, or the legislative authority of any	999
municipal corporation may purchase, lease, or lease with an option	1000
to purchase the necessary fire-fighting equipment, buildings, and	1001
sites for the township, fire district, or municipal corporation	1002
and issue securities for that purpose with maximum maturities as	1003
provided in section 133.20 of the Revised Code. The board of	1004
township trustees, board of fire district trustees, or legislative	1005
authority may also construct any buildings necessary to house	1006
fire-fighting equipment and issue securities for that purpose with	1007
maximum maturities as provided in section 133.20 of the Revised	1008
Code.	1009

The board of township trustees, board of fire district	1010
trustees, or legislative authority may issue the securities of the	1011
township, fire district, or municipal corporation, signed by the	1012
board or designated officer of the municipal corporation and	1013
attested by the signature of the township fiscal officer, fire	1014
district clerk, or municipal clerk, covering any deferred payments	1015
and payable at the times provided, which securities shall bear	1016
interest not to exceed the rate determined as provided in section	1017
9.95 of the Revised Code, and shall not be subject to Chapter 133.	1018
of the Revised Code. The legislation authorizing the issuance of	1019
the securities shall provide for levying and collecting annually	1020
by taxation, amounts sufficient to pay the interest on and	1021
principal of the securities. The securities shall be offered for	1022
sale on the open market or given to the vendor or contractor if no	1023
sale is made.	1024

Section 505.40 of the Revised Code does not apply to any	1025
securities issued, or any lease with an option to purchase entered	1026
into, in accordance with this division.	1027

(E) A board of township trustees of any township or a board	1028
of fire district trustees of a fire district created under section	1029
505.371 of the Revised Code may purchase a policy or policies of	1030
liability insurance for the officers, employees, and appointees of	1031
the fire department, fire district, or joint fire district	1032
governed by the board that includes personal injury liability	1033
coverage as to the civil liability of those officers, employees,	1034
and appointees for false arrest, detention, or imprisonment,	1035
malicious prosecution, libel, slander, defamation or other	1036
violation of the right of privacy, wrongful entry or eviction, or	1037
other invasion of the right of private occupancy, arising out of	1038
the performance of their duties.	1039

When a board of township trustees cannot, by deed of gift or	1040
by purchase and upon terms it considers reasonable, procure land	1041
for a township fire station that is needed in order to respond in	1042
reasonable time to a fire or medical emergency, the board may	1043
appropriate land for that purpose under sections 163.01 to 163.22	1044
of the Revised Code. If it is necessary to acquire additional	1045
adjacent land for enlarging or improving the fire station, the	1046
board may purchase, appropriate, or accept a deed of gift for the	1047
land for these purposes.	1048

(F) As used in this division, "emergency medical service	1049
organization" has the same meaning as in section 4766.01 of the	1050
Revised Code.	1051

A board of township trustees, by adoption of an appropriate	1052
resolution, may choose to have the ~~Ohio~~state board of emergency	1053
medical, fire, and transportation ~~board~~services license any	1054
emergency medical service organization it operates. If the board	1055
adopts such a resolution, Chapter 4766. of the Revised Code,	1056
except for sections 4766.06 and 4766.99 of the Revised Code,	1057
applies to the organization. All rules adopted under the	1058
applicable sections of that chapter also apply to the	1059
organization. A board of township trustees, by adoption of an	1060
appropriate resolution, may remove its emergency medical service	1061
organization from the jurisdiction of the ~~Ohio~~state board of	1062
emergency medical, fire, and transportation ~~board~~services.	1063

Sec. 505.375. (A)(1)(a) The boards of township trustees of	1064
one or more townships and the legislative authorities of one or	1065
more municipal corporations, or the legislative authorities of two	1066
or more municipal corporations, or the boards of township trustees	1067
of two or more townships, may negotiate an agreement to form a	1068
fire and ambulance district for the delivery of both fire and	1069
ambulance services. The agreement shall be ratified by the	1070
adoption of a joint resolution by a majority of the members of	1071
each board of township trustees involved and a majority of the	1072
members of the legislative authority of each municipal corporation	1073
involved. The joint resolution shall specify a date on which the	1074
fire and ambulance district shall come into being.	1075

(b) If a joint fire district created under section 505.371 of	1076
the Revised Code or a joint ambulance district created under	1077
section 505.71 of the Revised Code is dissolved to facilitate the	1078
creation of a fire and ambulance district under division (A)(1)(a)	1079
of this section, the townships and municipal corporations forming	1080
the fire and ambulance district may transfer to the fire and	1081
ambulance district any of the funds on hand, moneys and taxes in	1082
the process of collection, credits, and real and personal property	1083
apportioned to them under division (D) of section 505.371 of the	1084
Revised Code or section 505.71 of the Revised Code, as applicable,	1085
for use by the fire and ambulance district in accordance with this	1086
section.	1087

(2)(a) The board of trustees of a joint ambulance district	1088
created under section 505.71 of the Revised Code and the board of	1089
fire district trustees of a joint fire district created under	1090
section 505.371 of the Revised Code may negotiate to combine their	1091
two joint districts into a single fire and ambulance district for	1092
the delivery of both fire and ambulance services, if the	1093
geographic area covered by the combining joint districts is	1094
exactly the same. Both boards shall adopt a joint resolution	1095
ratifying the agreement and setting a date on which the fire and	1096
ambulance district shall come into being.	1097

(b) On that date, the joint fire district and the joint	1098
ambulance district shall cease to exist, and the power of each to	1099
levy a tax upon taxable property shall terminate, except that any	1100
levy of a tax for the payment of indebtedness within the territory	1101
of the joint fire or joint ambulance district as it was composed	1102
at the time the indebtedness was incurred shall continue to be	1103
collected by the successor fire and ambulance district if the	1104
indebtedness remains unpaid. All funds and other property of the	1105
joint districts shall become the property of the fire and	1106
ambulance district, unless otherwise provided in the negotiated	1107
agreement. The agreement shall provide for the settlement of all	1108
debts and obligations of the joint districts.	1109

(B)(1) The governing body of a fire and ambulance district	1110
created under division (A)(1) or (2) of this section shall be a	1111
board of trustees of at least three but no more than nine members,	1112
appointed as provided in the agreement creating the district.	1113
Members of the board may be compensated at a rate not to exceed	1114
thirty dollars per meeting for not more than fifteen meetings per	1115
year, and may be reimbursed for all necessary expenses incurred,	1116
as provided in the agreement creating the district.	1117

(2) The board shall employ a clerk and other employees as it	1118
considers best, including a fire chief or fire prevention	1119
officers, and shall fix their compensation. Neither this section	1120
nor any other section of the Revised Code requires, or shall be	1121
construed to require, that the fire chief of a fire and ambulance	1122
district be a resident of the district.	1123

Before entering upon the duties of office, the clerk shall	1124
execute a bond, in the amount and with surety to be approved by	1125
the board, payable to the state, conditioned for the faithful	1126
performance of all of the clerk's official duties. The clerk shall	1127
deposit the bond with the presiding officer of the board, who	1128
shall file a copy of it, certified by the presiding officer, with	1129
the county auditor of the county containing the most territory in	1130
the district.	1131

The board also shall provide for the appointment of a fiscal	1132
officer for the district and may enter into agreements with	1133
volunteer fire companies for the use and operation of	1134
fire-fighting equipment. Volunteer firefighters acting under such	1135
an agreement are subject to the requirements for volunteer	1136
firefighters set forth in division (A) of section 505.38 of the	1137
Revised Code.	1138

(3) Employees of the district shall not be removed from	1139
office except as provided by sections 733.35 to 733.39 of the	1140
Revised Code, except that, to initiate removal proceedings, the	1141
board shall designate a private citizen or, if the employee is	1142
employed as a firefighter, the board may designate the fire chief,	1143
to investigate, conduct the proceedings, and prepare the necessary	1144
charges in conformity with those sections, and except that the	1145
board shall perform the functions and duties specified for the	1146
municipal legislative authority under those sections. The board	1147
may pay reasonable compensation to any private citizen hired for	1148
services rendered in the matter.	1149

(4) No person shall be appointed as a permanent full-time	1150
paid member of the district whose duties include fire fighting, or	1151
be appointed as a volunteer firefighter, unless that person has	1152
received a certificate issued under former section 3303.07 or	1153
section 4765.55 of the Revised Code evidencing satisfactory	1154
completion of a firefighter training program. The board may send	1155
its officers and firefighters to schools of instruction designed	1156
to promote the efficiency of firefighters and, if authorized in	1157
advance, may pay their necessary expenses from the funds used for	1158
the maintenance and operation of the district.	1159

The board may choose, by adoption of an appropriate	1160
resolution, to have the ~~Ohio~~state board of emergency medical,	1161
fire, and transportation ~~board~~services license any emergency	1162
medical service organization it operates. If the board adopts such	1163
a resolution, Chapter 4766. of the Revised Code, except for	1164
sections 4766.06 and 4766.99 of the Revised Code, applies to the	1165
organization. All rules adopted under the applicable sections of	1166
that chapter also apply to the organization. The board may remove,	1167
by resolution, its emergency medical service organization from the	1168
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	1169
and transportation ~~board~~services.	1170

(C) The board of trustees of a fire and ambulance district	1171
created under division (A)(1) or (2) of this section may exercise	1172
the following powers:	1173

(1) Purchase or otherwise provide any fire apparatus,	1174
mechanical resuscitators, or other fire or ambulance equipment,	1175
appliances, or materials; fire hydrants; and water supply for	1176
firefighting purposes that seems advisable to the board;	1177

(2) Provide for the care and maintenance of equipment and,	1178
for that purpose, purchase, lease, lease with an option to	1179
purchase, or construct and maintain necessary buildings;	1180

(3) Establish and maintain lines of fire-alarm communications	1181
within the limits of the district;	1182

(4) Appropriate land for a fire station or medical emergency	1183
unit needed in order to respond in reasonable time to a fire or	1184
medical emergency, in accordance with Chapter 163. of the Revised	1185
Code;	1186

(5) Purchase, appropriate, or accept a deed or gift of land	1187
to enlarge or improve a fire station or medical emergency unit;	1188

(6) Purchase, lease, lease with an option to purchase,	1189
maintain, and use all materials, equipment, vehicles, buildings,	1190
and land necessary to perform its duties;	1191

(7) Contract for a period not to exceed three years with one	1192
or more townships, municipal corporations, counties, joint fire	1193
districts, joint ambulance districts, governmental agencies,	1194
nonprofit corporations, or private ambulance owners located either	1195
within or outside the state, to furnish or receive ambulance	1196
services or emergency medical services within the several	1197
territories of the contracting parties, if the contract is first	1198
authorized by all boards of trustees and legislative authorities	1199
concerned;	1200

(8) Establish reasonable charges for the use of ambulance or	1201
emergency medical services under the same conditions under which a	1202
board of fire district trustees may establish those charges under	1203
section 505.371 of the Revised Code;	1204

(9) Establish all necessary rules to guard against the	1205
occurrence of fires and to protect property and lives against	1206
damage and accidents;	1207

(10) Adopt a standard code pertaining to fire, fire hazards,	1208
and fire prevention prepared and promulgated by the state or by a	1209
public or private organization that publishes a model or standard	1210
code;	1211

(11) Provide for charges for false alarms at commercial	1212
establishments in the same manner as joint fire districts are	1213
authorized to do under section 505.391 of the Revised Code;	1214

(12) Issue bonds and other evidences of indebtedness, subject	1215
to Chapter 133. of the Revised Code, but only after approval by a	1216
vote of the electors of the district as provided by section 133.18	1217
of the Revised Code;	1218

(13) To provide the services and equipment it considers	1219
necessary, levy a sufficient tax, subject to Chapter 5705. of the	1220
Revised Code, on all the taxable property in the district.	1221

(D) Any municipal corporation or township may join an	1222
existing fire and ambulance district, whether created under	1223
division (A)(1) or (2) of this section, by its legislative	1224
authority's adoption of a resolution requesting the membership and	1225
upon approval of the board of trustees of the district. Any	1226
municipal corporation or township may withdraw from a district,	1227
whether created under division (A)(1) or (2) of this section, by	1228
its legislative authority's adoption of a resolution ordering	1229
withdrawal. Upon its withdrawal, the municipal corporation or	1230
township ceases to be a part of the district, and the district's	1231
power to levy a tax on taxable property in the withdrawing	1232
township or municipal corporation terminates, except that the	1233
district shall continue to levy and collect taxes for the payment	1234
of indebtedness within the territory of the district as it was	1235
composed at the time the indebtedness was incurred.	1236

Upon the withdrawal of any township or municipal corporation	1237
from a district, the county auditor of the county containing the	1238
most territory in the district shall ascertain, apportion, and	1239
order a division of the funds on hand, including funds in the	1240
ambulance and emergency medical services fund, moneys and taxes in	1241
the process of collection, except for taxes levied for the payment	1242
of indebtedness, credits, and real and personal property on the	1243
basis of the valuation of the respective tax duplicates of the	1244
withdrawing municipal corporation or township and the remaining	1245
territory of the district.	1246

(E) As used in this section:

1247

(1) "Governmental agency" includes all departments, boards,	1248
offices, commissions, agencies, colleges, universities,	1249
institutions, and other instrumentalities of this or another	1250
state.	1251

(2) "Emergency medical service organization" has the same	1252
meaning as in section 4766.01 of the Revised Code.	1253

Sec. 505.44. As used in this section:

1254

(A) "Emergency medical service organization" has the same	1255
meaning as in section 4765.01 of the Revised Code.	1256

(B) "State agency" means all departments, boards, offices,	1257
commissions, agencies, colleges, universities, institutions, and	1258
other instrumentalities of this or another state.	1259

In order to obtain the services of ambulance service	1260
organizations, to obtain additional services from ambulance	1261
service organizations in times of emergency, to obtain the	1262
services of emergency medical service organizations, or, if the	1263
township is located in a county with a population of forty	1264
thousand or less, to obtain the services of nonemergency patient	1265
transport service organizations, a township may enter into a	1266
contract with one or more state agencies, townships, municipal	1267
corporations, counties, nonprofit corporations, joint emergency	1268
medical services districts, fire and ambulance districts, or	1269
private ambulance owners, regardless of whether such state	1270
agencies, townships, municipal corporations, counties, nonprofit	1271
corporations, joint emergency medical services districts, fire and	1272
ambulance districts, or private ambulance owners are located	1273
within or outside the state, upon such terms as are agreed to by	1274
them, to furnish or receive services from ambulance or emergency	1275
medical service organizations or, if the township is located in a	1276
county with a population of forty thousand or less, to furnish or	1277
receive services from nonemergency patient transport service	1278
organizations, or may enter into a contract for the interchange of	1279
services from ambulance or emergency medical service organizations	1280
or, if the township is located in a county with a population of	1281
forty thousand or less, the interchange of services from	1282
nonemergency patient transport service organizations, within the	1283
several territories of the contracting parties, if the contract is	1284
first authorized by the respective boards of township trustees,	1285
the other legislative bodies, or the officer or body authorized to	1286
contract on behalf of the state agency. Such contracts shall not	1287
be entered into with a state agency or nonprofit corporation that	1288
receives more than half of its operating funds from governmental	1289
entities with the intention of directly competing with the	1290
operation of other ambulance, emergency medical, or nonemergency	1291
patient transport service organizations in the township unless the	1292
state agency or nonprofit corporation is awarded the contract	1293
after submitting the lowest and best bid to the board of township	1294
trustees.	1295

The contract may provide for compensation upon such terms as	1296
the parties may agree.	1297

Any township wishing to commence providing or wishing to	1298
enter into a contract for the first time to furnish or obtain	1299
services from nonemergency patient transport service organizations	1300
on or after March 1, 1993, including a township in which a private	1301
provider has been providing the service, shall demonstrate the	1302
need for public funding for the service to, and obtain approval	1303
from, the state board of emergency medical, fire, and	1304
transportation services or its immediate successor board prior to	1305
the establishment of a township-operated or township-funded	1306
service.	1307

Sec. 505.72. (A) The board of trustees of a joint ambulance	1308
district shall provide for the employment of such employees as it	1309
considers best, and shall fix their compensation. Such employees	1310
shall continue in office until removed as provided by sections	1311
733.35 to 733.39 of the Revised Code. To initiate removal	1312
proceedings, and for such purpose, the board shall designate a	1313
private citizen to investigate the conduct and prepare the	1314
necessary charges in conformity with sections 733.35 to 733.39 of	1315
the Revised Code. The board may pay reasonable compensation to	1316
such person for the person's services.	1317

In case of the removal of an employee of the district, an	1318
appeal may be had from the decision of the board to the court of	1319
common pleas of the county in which such district, or part of it,	1320
is situated, to determine the sufficiency of the cause of removal.	1321
Such appeal from the findings of the board shall be taken within	1322
ten days.	1323

(B) As used in this division, "emergency medical service	1324
organization" has the same meaning as in section 4765.01 of the	1325
Revised Code.	1326

(1) In order to obtain the services of ambulance service	1327
organizations, to obtain additional services from ambulance	1328
service organizations in times of emergency, or to obtain the	1329
services of emergency medical service organizations, a district	1330
may enter into a contract, for a period not to exceed three years,	1331
with one or more townships, municipal corporations, joint fire	1332
districts, nonprofit corporations, any other governmental unit	1333
that provides ambulance services or emergency medical services, or	1334
with private ambulance owners, regardless of whether such	1335
townships, municipal corporations, joint fire districts, nonprofit	1336
corporations, governmental unit, or private ambulance owners are	1337
located within or without this state, upon such terms as are	1338
agreed to, to furnish or receive services from ambulance or	1339
emergency medical service organizations or the interchange of	1340
services from ambulance or emergency medical service organizations	1341
within the several territories of the contracting subdivisions, if	1342
such contract is first authorized by all boards of trustees and	1343
legislative authorities concerned.	1344

The contract may provide for a fixed annual charge to be paid	1345
at the times agreed upon and stipulated in the contract, or for	1346
compensation based upon a stipulated price for each run, call, or	1347
emergency, or the elapsed time of service required in such run,	1348
call, or emergency, or any combination thereof.	1349

(2) Expenditures of a district for the services of ambulance	1350
service organizations or emergency medical service organizations,	1351
whether pursuant to contract or otherwise, are lawful	1352
expenditures, regardless of whether the district or the party with	1353
which it contracts charges additional fees to users of the	1354
services.	1355

(3) A district's board of trustees, by adoption of an	1356
appropriate resolution, may choose to have the ~~Ohio~~state board of	1357
emergency medical, fire, and transportation ~~board~~services license	1358
any emergency medical service organization the district operates.	1359
If a board adopts such a resolution, Chapter 4766. of the Revised	1360
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1361
applies to the district emergency medical service organization.	1362
All rules adopted under the applicable sections of that chapter	1363
also apply to the organization. A board, by adoption of an	1364
appropriate resolution, may remove the district emergency medical	1365
service organization from the jurisdiction of the ~~Ohio~~state board	1366
of emergency medical, fire, and transportation ~~board~~services.	1367

(C) Ambulance services or emergency medical services rendered	1368
for a joint ambulance district under this section and section	1369
505.71 of the Revised Code shall be deemed services of the	1370
district. These sections do not authorize suits against a district	1371
or any township or municipal corporation providing or receiving,	1372
or contracting to provide or receive, such services under these	1373
sections for damages for injury or loss to persons or property or	1374
for wrongful death caused by persons providing such services.	1375

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

1376

(1) "Adjusted federal taxable income" means a C corporation's	1377
federal taxable income before net operating losses and special	1378
deductions as determined under the Internal Revenue Code, adjusted	1379
as follows:	1380

(a) Deduct intangible income to the extent included in	1381
federal taxable income. The deduction shall be allowed regardless	1382
of whether the intangible income relates to assets used in a trade	1383
or business or assets held for the production of income.	1384

(b) Add an amount equal to five per cent of intangible income	1385
deducted under division (A)(1)(a) of this section, but excluding	1386
that portion of intangible income directly related to the sale,	1387
exchange, or other disposition of property described in section	1388
1221 of the Internal Revenue Code;	1389

(c) Add any losses allowed as a deduction in the computation	1390
of federal taxable income if the losses directly relate to the	1391
sale, exchange, or other disposition of an asset described in	1392
section 1221 or 1231 of the Internal Revenue Code;	1393

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	1394
section, deduct income and gain included in federal taxable income	1395
to the extent the income and gain directly relate to the sale,	1396
exchange, or other disposition of an asset described in section	1397
1221 or 1231 of the Internal Revenue Code;	1398

(ii) Division (A)(1)(d)(i) of this section does not apply to	1399
the extent the income or gain is income or gain described in	1400
section 1245 or 1250 of the Internal Revenue Code.	1401

(e) Add taxes on or measured by net income allowed as a	1402
deduction in the computation of federal taxable income;	1403

(f) In the case of a real estate investment trust and	1404
regulated investment company, add all amounts with respect to	1405
dividends to, distributions to, or amounts set aside for or	1406
credited to the benefit of investors and allowed as a deduction in	1407
the computation of federal taxable income;	1408

(g) Deduct, to the extent not otherwise deducted or excluded	1409
in computing federal taxable income, any income ~~derived from~~	1410
~~providing public services under a contract through a project owned~~	1411
~~by the state, as described in section 126.604 of the Revised Code~~	1412
or derived from a transfer agreement or from the enterprise	1413
transferred under that agreement under section 4313.02 of the	1414
Revised Code.	1415

If the taxpayer is not a C corporation and is not an	1416
individual, the taxpayer shall compute adjusted federal taxable	1417
income as if the taxpayer were a C corporation, except guaranteed	1418
payments and other similar amounts paid or accrued to a partner,	1419
former partner, member, or former member shall not be allowed as a	1420
deductible expense; amounts paid or accrued to a qualified	1421
self-employed retirement plan with respect to an owner or	1422
owner-employee of the taxpayer, amounts paid or accrued to or for	1423
health insurance for an owner or owner-employee, and amounts paid	1424
or accrued to or for life insurance for an owner or owner-employee	1425
shall not be allowed as a deduction.	1426

Nothing in division (A)(1) of this section shall be construed	1427
as allowing the taxpayer to add or deduct any amount more than	1428
once or shall be construed as allowing any taxpayer to deduct any	1429
amount paid to or accrued for purposes of federal self-employment	1430
tax.	1431

Nothing in this chapter shall be construed as limiting or	1432
removing the ability of any municipal corporation to administer,	1433
audit, and enforce the provisions of its municipal income tax.	1434

(2) "Internal Revenue Code" means the Internal Revenue Code	1435
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1436

(3) "Schedule C" means internal revenue service schedule C	1437
filed by a taxpayer pursuant to the Internal Revenue Code.	1438

(4) "Form 2106" means internal revenue service form 2106	1439
filed by a taxpayer pursuant to the Internal Revenue Code.	1440

(5) "Intangible income" means income of any of the following	1441
types: income yield, interest, capital gains, dividends, or other	1442
income arising from the ownership, sale, exchange, or other	1443
disposition of intangible property including, but not limited to,	1444
investments, deposits, money, or credits as those terms are	1445
defined in Chapter 5701. of the Revised Code, and patents,	1446
copyrights, trademarks, tradenames, investments in real estate	1447
investment trusts, investments in regulated investment companies,	1448
and appreciation on deferred compensation. "Intangible income"	1449
does not include prizes, awards, or other income associated with	1450
any lottery winnings or other similar games of chance.	1451

(6) "S corporation" means a corporation that has made an	1452
election under subchapter S of Chapter 1 of Subtitle A of the	1453
Internal Revenue Code for its taxable year.	1454

(7) For taxable years beginning on or after January 1, 2004,	1455
"net profit" for a taxpayer other than an individual means	1456
adjusted federal taxable income and "net profit" for a taxpayer	1457
who is an individual means the individual's profit required to be	1458
reported on schedule C, schedule E, or schedule F, other than any	1459
amount allowed as a deduction under division (E)(2) or (3) of this	1460
section or amounts described in division (H) of this section.	1461

(8) "Taxpayer" means a person subject to a tax on income	1462
levied by a municipal corporation. Except as provided in division	1463
(L) of this section, "taxpayer" does not include any person that	1464
is a disregarded entity or a qualifying subchapter S subsidiary	1465
for federal income tax purposes, but "taxpayer" includes any other	1466
person who owns the disregarded entity or qualifying subchapter S	1467
subsidiary.	1468

(9) "Taxable year" means the corresponding tax reporting	1469
period as prescribed for the taxpayer under the Internal Revenue	1470
Code.	1471

(10) "Tax administrator" means the individual charged with	1472
direct responsibility for administration of a tax on income levied	1473
by a municipal corporation and includes:	1474

(a) The central collection agency and the regional income tax	1475
agency and their successors in interest, and other entities	1476
organized to perform functions similar to those performed by the	1477
central collection agency and the regional income tax agency;	1478

(b) A municipal corporation acting as the agent of another	1479
municipal corporation; and	1480

(c) Persons retained by a municipal corporation to administer	1481
a tax levied by the municipal corporation, but only if the	1482
municipal corporation does not compensate the person in whole or	1483
in part on a contingency basis.	1484

(11) "Person" includes individuals, firms, companies,	1485
business trusts, estates, trusts, partnerships, limited liability	1486
companies, associations, corporations, governmental entities, and	1487
any other entity.	1488

(12) "Schedule E" means internal revenue service schedule E	1489
filed by a taxpayer pursuant to the Internal Revenue Code.	1490

(13) "Schedule F" means internal revenue service schedule F	1491
filed by a taxpayer pursuant to the Internal Revenue Code.	1492

(B) No municipal corporation shall tax income at other than a	1493
uniform rate.	1494

(C) No municipal corporation shall levy a tax on income at a	1495
rate in excess of one per cent without having obtained the	1496
approval of the excess by a majority of the electors of the	1497
municipality voting on the question at a general, primary, or	1498
special election. The legislative authority of the municipal	1499
corporation shall file with the board of elections at least ninety	1500
days before the day of the election a copy of the ordinance	1501
together with a resolution specifying the date the election is to	1502
be held and directing the board of elections to conduct the	1503
election. The ballot shall be in the following form: "Shall the	1504
Ordinance providing for a ... per cent levy on income for (Brief	1505
description of the purpose of the proposed levy) be passed?	1506

1507

		FOR THE INCOME TAX			1508
		AGAINST THE INCOME TAX	"		1509

1510

In the event of an affirmative vote, the proceeds of the levy	1511
may be used only for the specified purpose.	1512

(D)(1) Except as otherwise provided in this section, no	1513
municipal corporation shall exempt from a tax on income	1514
compensation for personal services of individuals over eighteen	1515
years of age or the net profit from a business or profession.	1516

(2)(a) For taxable years beginning on or after January 1,	1517
2004, no municipal corporation shall tax the net profit from a	1518
business or profession using any base other than the taxpayer's	1519
adjusted federal taxable income.	1520

(b) Division (D)(2)(a) of this section does not apply to any	1521
taxpayer required to file a return under section 5745.03 of the	1522
Revised Code or to the net profit from a sole proprietorship.	1523

(E)(1) The legislative authority of a municipal corporation	1524
may, by ordinance or resolution, exempt from withholding and from	1525
a tax on income the following:	1526

(a) Compensation arising from the sale, exchange, or other	1527
disposition of a stock option, the exercise of a stock option, or	1528
the sale, exchange, or other disposition of stock purchased under	1529
a stock option; or	1530

(b) Compensation attributable to a nonqualified deferred	1531
compensation plan or program described in section 3121(v)(2)(C) of	1532
the Internal Revenue Code.	1533

(2) The legislative authority of a municipal corporation may	1534
adopt an ordinance or resolution that allows a taxpayer who is an	1535
individual to deduct, in computing the taxpayer's municipal income	1536
tax liability, an amount equal to the aggregate amount the	1537
taxpayer paid in cash during the taxable year to a health savings	1538
account of the taxpayer, to the extent the taxpayer is entitled to	1539
deduct that amount on internal revenue service form 1040.	1540

(3) The legislative authority of a municipal corporation may	1541
adopt an ordinance or resolution that allows a taxpayer who has a	1542
net profit from a business or profession that is operated as a	1543
sole proprietorship to deduct from that net profit the amount that	1544
the taxpayer paid during the taxable year for medical care	1545
insurance premiums for the taxpayer, the taxpayer's spouse, and	1546
dependents as defined in section 5747.01 of the Revised Code. The	1547
deduction shall be allowed to the same extent the taxpayer is	1548
entitled to deduct the premiums on internal revenue service form	1549
1040. The deduction allowed under this division shall be net of	1550
any related premium refunds, related premium reimbursements, or	1551
related insurance premium dividends received by the taxpayer	1552
during the taxable year.	1553

(F) If an individual's taxable income includes income against	1554
which the taxpayer has taken a deduction for federal income tax	1555
purposes as reportable on the taxpayer's form 2106, and against	1556
which a like deduction has not been allowed by the municipal	1557
corporation, the municipal corporation shall deduct from the	1558
taxpayer's taxable income an amount equal to the deduction shown	1559
on such form allowable against such income, to the extent not	1560
otherwise so allowed as a deduction by the municipal corporation.	1561

(G)(1) In the case of a taxpayer who has a net profit from a	1562
business or profession that is operated as a sole proprietorship,	1563
no municipal corporation may tax or use as the base for	1564
determining the amount of the net profit that shall be considered	1565
as having a taxable situs in the municipal corporation, an amount	1566
other than the net profit required to be reported by the taxpayer	1567
on schedule C or F from such sole proprietorship for the taxable	1568
year.	1569

(2) In the case of a taxpayer who has a net profit from	1570
rental activity required to be reported on schedule E, no	1571
municipal corporation may tax or use as the base for determining	1572
the amount of the net profit that shall be considered as having a	1573
taxable situs in the municipal corporation, an amount other than	1574
the net profit from rental activities required to be reported by	1575
the taxpayer on schedule E for the taxable year.	1576

(H) A municipal corporation shall not tax any of the	1577
following:	1578

(1) The military pay or allowances of members of the armed	1579
forces of the United States and of members of their reserve	1580
components, including the Ohio national guard;	1581

(2) The income of religious, fraternal, charitable,	1582
scientific, literary, or educational institutions to the extent	1583
that such income is derived from tax-exempt real estate,	1584
tax-exempt tangible or intangible property, or tax-exempt	1585
activities;	1586

(3) Except as otherwise provided in division (I) of this	1587
section, intangible income;	1588

(4) Compensation paid under section 3501.28 or 3501.36 of the	1589
Revised Code to a person serving as a precinct election official,	1590
to the extent that such compensation does not exceed one thousand	1591
dollars annually. Such compensation in excess of one thousand	1592
dollars may be subjected to taxation by a municipal corporation. A	1593
municipal corporation shall not require the payer of such	1594
compensation to withhold any tax from that compensation.	1595

(5) Compensation paid to an employee of a transit authority,	1596
regional transit authority, or regional transit commission created	1597
under Chapter 306. of the Revised Code for operating a transit bus	1598
or other motor vehicle for the authority or commission in or	1599
through the municipal corporation, unless the bus or vehicle is	1600
operated on a regularly scheduled route, the operator is subject	1601
to such a tax by reason of residence or domicile in the municipal	1602
corporation, or the headquarters of the authority or commission is	1603
located within the municipal corporation;	1604

(6) The income of a public utility, when that public utility	1605
is subject to the tax levied under section 5727.24 or 5727.30 of	1606
the Revised Code, except a municipal corporation may tax the	1607
following, subject to Chapter 5745. of the Revised Code:	1608

(a) Beginning January 1, 2002, the income of an electric	1609
company or combined company;	1610

(b) Beginning January 1, 2004, the income of a telephone	1611
company.	1612

As used in division (H)(6) of this section, "combined	1613
company," "electric company," and "telephone company" have the	1614
same meanings as in section 5727.01 of the Revised Code.	1615

(7) On and after January 1, 2003, items excluded from federal	1616
gross income pursuant to section 107 of the Internal Revenue Code;	1617

(8) On and after January 1, 2001, compensation paid to a	1618
nonresident individual to the extent prohibited under section	1619
718.011 of the Revised Code;	1620

(9)(a) Except as provided in ~~division~~divisions (H)(9)(b) and	1621
(c) of this section, an S corporation shareholder's distributive	1622
share of net profits of the S corporation, other than any part of	1623
the distributive share of net profits that represents wages as	1624
defined in section 3121(a) of the Internal Revenue Code or net	1625
earnings from self-employment as defined in section 1402(a) of the	1626
Internal Revenue Code.	1627

(b) If, pursuant to division (H) of former section 718.01 of	1628
the Revised Code as it existed before March 11, 2004, a majority	1629
of the electors of a municipal corporation voted in favor of the	1630
question at an election held on November 4, 2003, the municipal	1631
corporation may continue after 2002 to tax an S corporation	1632
shareholder's distributive share of net profits of an S	1633
corporation.	1634

(c) If, on December 6, 2002, a municipal corporation was	1635
imposing, assessing, and collecting a tax on an S corporation	1636
shareholder's distributive share of net profits of the S	1637
corporation to the extent the distributive share would be	1638
allocated or apportioned to this state under divisions (B)(1) and	1639
(2) of section 5733.05 of the Revised Code if the S corporation	1640
were a corporation subject to taxes imposed under Chapter 5733. of	1641
the Revised Code, the municipal corporation may continue to impose	1642
the tax on such distributive shares to the extent such shares	1643
would be so allocated or apportioned to this state only until	1644
December 31, 2004, unless a majority of the electors of the	1645
municipal corporation voting on the question of continuing to tax	1646
such shares after that date vote in favor of that question at an	1647
election held November 2, 2004. If a majority of those electors	1648
vote in favor of the question, the municipal corporation may	1649
continue after December 31, 2004, to impose the tax on such	1650
distributive shares only to the extent such shares would be so	1651
allocated or apportioned to this state.	1652

(d) For the purposes of division (D) of section 718.14 of the	1653
Revised Code, a municipal corporation shall be deemed to have	1654
elected to tax S corporation shareholders' distributive shares of	1655
net profits of the S corporation in the hands of the shareholders	1656
if a majority of the electors of a municipal corporation vote in	1657
favor of a question at an election held under division (H)(9)(b)	1658
or (c) of this section. The municipal corporation shall specify by	1659
ordinance or rule that the tax applies to the distributive share	1660
of a shareholder of an S corporation in the hands of the	1661
shareholder of the S corporation.	1662

(10) Employee compensation that is not "qualifying wages" as	1663
defined in section 718.03 of the Revised Code;	1664

(11) Beginning August 1, 2007, compensation paid to a person	1665
employed within the boundaries of a United States air force base	1666
under the jurisdiction of the United States air force that is used	1667
for the housing of members of the United States air force and is a	1668
center for air force operations, unless the person is subject to	1669
taxation because of residence or domicile. If the compensation is	1670
subject to taxation because of residence or domicile, municipal	1671
income tax shall be payable only to the municipal corporation of	1672
residence or domicile.	1673

(12) Compensation paid to a person for personal services	1674
performed for a political subdivision on property owned by the	1675
political subdivision, regardless of whether the compensation is	1676
received by an employee of the subdivision or another person	1677
performing services for the subdivision under a contract with the	1678
subdivision, if the property on which services are performed is	1679
annexed to a municipal corporation pursuant to section 709.023 of	1680
the Revised Code on or after ~~the effective date of the amendment~~	1681
~~of this section~~March 27, 2013, unless the person is subject to	1682
such taxation because of residence or domicile. If the	1683
compensation is subject to taxation because of residence or	1684
domicile, municipal income tax shall be payable only to the	1685
municipal corporation of residence or domicile.	1686

(I) Any municipal corporation that taxes any type of	1687
intangible income on March 29, 1988, pursuant to Section 3 of	1688
Amended Substitute Senate Bill No. 238 of the 116th general	1689
assembly, may continue to tax that type of income after 1988 if a	1690
majority of the electors of the municipal corporation voting on	1691
the question of whether to permit the taxation of that type of	1692
intangible income after 1988 vote in favor thereof at an election	1693
held on November 8, 1988.	1694

(J) Nothing in this section or section 718.02 of the Revised	1695
Code shall authorize the levy of any tax on income that a	1696
municipal corporation is not authorized to levy under existing	1697
laws or shall require a municipal corporation to allow a deduction	1698
from taxable income for losses incurred from a sole proprietorship	1699
or partnership.	1700

(K)(1) Nothing in this chapter prohibits a municipal	1701
corporation from allowing, by resolution or ordinance, a net	1702
operating loss carryforward.	1703

(2) Nothing in this chapter requires a municipal corporation	1704
to allow a net operating loss carryforward.	1705

(L)(1) A single member limited liability company that is a	1706
disregarded entity for federal tax purposes may elect to be a	1707
separate taxpayer from its single member in all Ohio municipal	1708
corporations in which it either filed as a separate taxpayer or	1709
did not file for its taxable year ending in 2003, if all of the	1710
following conditions are met:	1711

(a) The limited liability company's single member is also a	1712
limited liability company;	1713

(b) The limited liability company and its single member were	1714
formed and doing business in one or more Ohio municipal	1715
corporations for at least five years before January 1, 2004;	1716

(c) Not later than December 31, 2004, the limited liability	1717
company and its single member each make an election to be treated	1718
as a separate taxpayer under division (L) of this section;	1719

(d) The limited liability company was not formed for the	1720
purpose of evading or reducing Ohio municipal corporation income	1721
tax liability of the limited liability company or its single	1722
member;	1723

(e) The Ohio municipal corporation that is the primary place	1724
of business of the sole member of the limited liability company	1725
consents to the election.	1726

(2) For purposes of division (L)(1)(e) of this section, a	1727
municipal corporation is the primary place of business of a	1728
limited liability company if, for the limited liability company's	1729
taxable year ending in 2003, its income tax liability is greater	1730
in that municipal corporation than in any other municipal	1731
corporation in Ohio, and that tax liability to that municipal	1732
corporation for its taxable year ending in 2003 is at least four	1733
hundred thousand dollars.	1734

Sec. 2913.01. As used in this chapter, unless the context	1735
requires that a term be given a different meaning:	1736

(A) "Deception" means knowingly deceiving another or causing	1737
another to be deceived by any false or misleading representation,	1738
by withholding information, by preventing another from acquiring	1739
information, or by any other conduct, act, or omission that	1740
creates, confirms, or perpetuates a false impression in another,	1741
including a false impression as to law, value, state of mind, or	1742
other objective or subjective fact.	1743

(B) "Defraud" means to knowingly obtain, by deception, some	1744
benefit for oneself or another, or to knowingly cause, by	1745
deception, some detriment to another.	1746

1747

(1) Withhold property of another permanently, or for a period	1748
that appropriates a substantial portion of its value or use, or	1749
with purpose to restore it only upon payment of a reward or other	1750
consideration;	1751

(2) Dispose of property so as to make it unlikely that the	1752
owner will recover it;	1753

(3) Accept, use, or appropriate money, property, or services,	1754
with purpose not to give proper consideration in return for the	1755
money, property, or services, and without reasonable justification	1756
or excuse for not giving proper consideration.	1757

(D) "Owner" means, unless the context requires a different	1758
meaning, any person, other than the actor, who is the owner of,	1759
who has possession or control of, or who has any license or	1760
interest in property or services, even though the ownership,	1761
possession, control, license, or interest is unlawful.	1762

(E) "Services" include labor, personal services, professional	1763
services, rental services, public utility services including	1764
wireless service as defined in division (F)(1) of section 5507.01	1765
of the Revised Code, common carrier services, and food, drink,	1766
transportation, entertainment, and cable television services and,	1767
for purposes of section 2913.04 of the Revised Code, include cable	1768
services as defined in that section.	1769

(F) "Writing" means any computer software, document, letter,	1770
memorandum, note, paper, plate, data, film, or other thing having	1771
in or upon it any written, typewritten, or printed matter, and any	1772
token, stamp, seal, credit card, badge, trademark, label, or other	1773
symbol of value, right, privilege, license, or identification.	1774

(G) "Forge" means to fabricate or create, in whole or in part	1775
and by any means, any spurious writing, or to make, execute,	1776
alter, complete, reproduce, or otherwise purport to authenticate	1777
any writing, when the writing in fact is not authenticated by that	1778
conduct.	1779

(H) "Utter" means to issue, publish, transfer, use, put or	1780
send into circulation, deliver, or display.	1781

(I) "Coin machine" means any mechanical or electronic device	1782
designed to do both of the following:	1783

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

1784

(2) In return for the insertion or deposit of a coin, bill,	1785
or token, automatically dispense property, provide a service, or	1786
grant a license.	1787

(J) "Slug" means an object that, by virtue of its size,	1788
shape, composition, or other quality, is capable of being inserted	1789
or deposited in a coin machine as an improper substitute for a	1790
genuine coin, bill, or token made for that purpose.	1791

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

1792

(1) A violation of section 2911.01, 2911.02, 2911.11,	1793
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	1794
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	1795
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	1796
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	1797
2913.51, 2915.05, or 2921.41~~, or division (B)(2) of section~~	1798
~~4737.04~~ of the Revised Code;	1799

(2) A violation of an existing or former municipal ordinance	1800
or law of this or any other state, or of the United States,	1801
substantially equivalent to any section listed in division (K)(1)	1802
of this section or a violation of section 2913.41, 2913.81, or	1803
2915.06 of the Revised Code as it existed prior to July 1, 1996;	1804

(3) An offense under an existing or former municipal	1805
ordinance or law of this or any other state, or of the United	1806
States, involving robbery, burglary, breaking and entering, theft,	1807
embezzlement, wrongful conversion, forgery, counterfeiting,	1808
deceit, or fraud;	1809

(4) A conspiracy or attempt to commit, or complicity in	1810
committing, any offense under division (K)(1), (2), or (3) of this	1811
section.	1812

(L) "Computer services" includes, but is not limited to, the	1813
use of a computer system, computer network, computer program, data	1814
that is prepared for computer use, or data that is contained	1815
within a computer system or computer network.	1816

(M) "Computer" means an electronic device that performs	1817
logical, arithmetic, and memory functions by the manipulation of	1818
electronic or magnetic impulses. "Computer" includes, but is not	1819
limited to, all input, output, processing, storage, computer	1820
program, or communication facilities that are connected, or	1821
related, in a computer system or network to an electronic device	1822
of that nature.	1823

(N) "Computer system" means a computer and related devices,	1824
whether connected or unconnected, including, but not limited to,	1825
data input, output, and storage devices, data communications	1826
links, and computer programs and data that make the system capable	1827
of performing specified special purpose data processing tasks.	1828

(O) "Computer network" means a set of related and remotely	1829
connected computers and communication facilities that includes	1830
more than one computer system that has the capability to transmit	1831
among the connected computers and communication facilities through	1832
the use of computer facilities.	1833

(P) "Computer program" means an ordered set of data	1834
representing coded instructions or statements that, when executed	1835
by a computer, cause the computer to process data.	1836

(Q) "Computer software" means computer programs, procedures,	1837
and other documentation associated with the operation of a	1838
computer system.	1839

(R) "Data" means a representation of information, knowledge,	1840
facts, concepts, or instructions that are being or have been	1841
prepared in a formalized manner and that are intended for use in a	1842
computer, computer system, or computer network. For purposes of	1843
section 2913.47 of the Revised Code, "data" has the additional	1844
meaning set forth in division (A) of that section.	1845

(S) "Cable television service" means any services provided by	1846
or through the facilities of any cable television system or other	1847
similar closed circuit coaxial cable communications system, or any	1848
microwave or similar transmission service used in connection with	1849
any cable television system or other similar closed circuit	1850
coaxial cable communications system.	1851

(T) "Gain access" means to approach, instruct, communicate	1852
with, store data in, retrieve data from, or otherwise make use of	1853
any resources of a computer, computer system, or computer network,	1854
or any cable service or cable system both as defined in section	1855
2913.04 of the Revised Code.	1856

(U) "Credit card" includes, but is not limited to, a card,	1857
code, device, or other means of access to a customer's account for	1858
the purpose of obtaining money, property, labor, or services on	1859
credit, or for initiating an electronic fund transfer at a	1860
point-of-sale terminal, an automated teller machine, or a cash	1861
dispensing machine. It also includes a county procurement card	1862
issued under section 301.29 of the Revised Code.	1863

(V) "Electronic fund transfer" has the same meaning as in 92	1864
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	1865

(W) "Rented property" means personal property in which the	1866
right of possession and use of the property is for a short and	1867
possibly indeterminate term in return for consideration; the	1868
rentee generally controls the duration of possession of the	1869
property, within any applicable minimum or maximum term; and the	1870
amount of consideration generally is determined by the duration of	1871
possession of the property.	1872

(X) "Telecommunication" means the origination, emission,	1873
dissemination, transmission, or reception of data, images,	1874
signals, sounds, or other intelligence or equivalence of	1875
intelligence of any nature over any communications system by any	1876
method, including, but not limited to, a fiber optic, electronic,	1877
magnetic, optical, digital, or analog method.	1878

(Y) "Telecommunications device" means any instrument,	1879
equipment, machine, or other device that facilitates	1880
telecommunication, including, but not limited to, a computer,	1881
computer network, computer chip, computer circuit, scanner,	1882
telephone, cellular telephone, pager, personal communications	1883
device, transponder, receiver, radio, modem, or device that	1884
enables the use of a modem.	1885

(Z) "Telecommunications service" means the providing,	1886
allowing, facilitating, or generating of any form of	1887
telecommunication through the use of a telecommunications device	1888
over a telecommunications system.	1889

(AA) "Counterfeit telecommunications device" means a	1890
telecommunications device that, alone or with another	1891
telecommunications device, has been altered, constructed,	1892
manufactured, or programmed to acquire, intercept, receive, or	1893
otherwise facilitate the use of a telecommunications service or	1894
information service without the authority or consent of the	1895
provider of the telecommunications service or information service.	1896
"Counterfeit telecommunications device" includes, but is not	1897
limited to, a clone telephone, clone microchip, tumbler telephone,	1898
or tumbler microchip; a wireless scanning device capable of	1899
acquiring, intercepting, receiving, or otherwise facilitating the	1900
use of telecommunications service or information service without	1901
immediate detection; or a device, equipment, hardware, or software	1902
designed for, or capable of, altering or changing the electronic	1903
serial number in a wireless telephone.	1904

(BB)(1) "Information service" means, subject to division	1905
(BB)(2) of this section, the offering of a capability for	1906
generating, acquiring, storing, transforming, processing,	1907
retrieving, utilizing, or making available information via	1908
telecommunications, including, but not limited to, electronic	1909
publishing.	1910

(2) "Information service" does not include any use of a	1911
capability of a type described in division (BB)(1) of this section	1912
for the management, control, or operation of a telecommunications	1913
system or the management of a telecommunications service.	1914

(CC) "Elderly person" means a person who is sixty-five years	1915
of age or older.	1916

(DD) "Disabled adult" means a person who is eighteen years of	1917
age or older and has some impairment of body or mind that makes	1918
the person unable to work at any substantially remunerative	1919
employment that the person otherwise would be able to perform and	1920
that will, with reasonable probability, continue for a period of	1921
at least twelve months without any present indication of recovery	1922
from the impairment, or who is eighteen years of age or older and	1923
has been certified as permanently and totally disabled by an	1924
agency of this state or the United States that has the function of	1925
so classifying persons.	1926

(EE) "Firearm" and "dangerous ordnance" have the same	1927
meanings as in section 2923.11 of the Revised Code.	1928

(FF) "Motor vehicle" has the same meaning as in section	1929
4501.01 of the Revised Code.	1930

(GG) "Dangerous drug" has the same meaning as in section	1931
4729.01 of the Revised Code.	1932

(HH) "Drug abuse offense" has the same meaning as in section	1933
2925.01 of the Revised Code.	1934

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

1935

(a) Gaining access or attempting to gain access to all or	1936
part of a computer, computer system, or a computer network without	1937
express or implied authorization with the intent to defraud or	1938
with intent to commit a crime;	1939

(b) Misusing computer or network services including, but not	1940
limited to, mail transfer programs, file transfer programs, proxy	1941
servers, and web servers by performing functions not authorized by	1942
the owner of the computer, computer system, or computer network or	1943
other person authorized to give consent. As used in this division,	1944
"misuse of computer and network services" includes, but is not	1945
limited to, the unauthorized use of any of the following:	1946

(i) Mail transfer programs to send mail to persons other than	1947
the authorized users of that computer or computer network;	1948

(ii) File transfer program proxy services or proxy servers to	1949
access other computers, computer systems, or computer networks;	1950

(iii) Web servers to redirect users to other web pages or web	1951
servers.	1952

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	1953
using a group of computer programs commonly known as "port	1954
scanners" or "probes" to intentionally access any computer,	1955
computer system, or computer network without the permission of the	1956
owner of the computer, computer system, or computer network or	1957
other person authorized to give consent. The group of computer	1958
programs referred to in this division includes, but is not limited	1959
to, those computer programs that use a computer network to access	1960
a computer, computer system, or another computer network to	1961
determine any of the following: the presence or types of computers	1962
or computer systems on a network; the computer network's	1963
facilities and capabilities; the availability of computer or	1964
network services; the presence or versions of computer software	1965
including, but not limited to, operating systems, computer	1966
services, or computer contaminants; the presence of a known	1967
computer software deficiency that can be used to gain unauthorized	1968
access to a computer, computer system, or computer network; or any	1969
other information about a computer, computer system, or computer	1970
network not necessary for the normal and lawful operation of the	1971
computer initiating the access.	1972

(ii) The group of computer programs referred to in division	1973
(II)(1)(c)(i) of this section does not include standard computer	1974
software used for the normal operation, administration,	1975
management, and test of a computer, computer system, or computer	1976
network including, but not limited to, domain name services, mail	1977
transfer services, and other operating system services, computer	1978
programs commonly called "ping," "tcpdump," and "traceroute" and	1979
other network monitoring and management computer software, and	1980
computer programs commonly known as "nslookup" and "whois" and	1981
other systems administration computer software.	1982

(d) The intentional use of a computer, computer system, or a	1983
computer network in a manner that exceeds any right or permission	1984
granted by the owner of the computer, computer system, or computer	1985
network or other person authorized to give consent.	1986

(2) "Computer hacking" does not include the introduction of a	1987
computer contaminant, as defined in section 2909.01 of the Revised	1988
Code, into a computer, computer system, computer program, or	1989
computer network.	1990

(JJ) "Police dog or horse" has the same meaning as in section	1991
2921.321 of the Revised Code.	1992

(KK) "Anhydrous ammonia" is a compound formed by the	1993
combination of two gaseous elements, nitrogen and hydrogen, in the	1994
manner described in this division. Anhydrous ammonia is one part	1995
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	1996
weight is fourteen parts nitrogen to three parts hydrogen, which	1997
is approximately eighty-two per cent nitrogen to eighteen per cent	1998
hydrogen.	1999

(LL) "Assistance dog" has the same meaning as in section	2000
955.011 of the Revised Code.	2001

(MM) "Federally licensed firearms dealer" has the same	2002
meaning as in section 5502.63 of the Revised Code.	2003

Sec. 2913.02. (A) No person, with purpose to deprive the	2004
owner of property or services, shall knowingly obtain or exert	2005
control over either the property or services in any of the	2006
following ways:	2007

(1) Without the consent of the owner or person authorized to	2008
give consent;	2009

(2) Beyond the scope of the express or implied consent of the	2010
owner or person authorized to give consent;	2011

(3) By deception;

2012

(4) By threat;

2013

(5) By intimidation.

2014

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

2015

(2) Except as otherwise provided in this division or division	2016
(B)(3), (4), (5), (6), (7), or (8), or (9) of this section, a	2017
violation of this section is petty theft, a misdemeanor of the	2018
first degree. If the value of the property or services stolen is	2019
one thousand dollars or more and is less than seven thousand five	2020
hundred dollars or if the property stolen is any of the property	2021
listed in section 2913.71 of the Revised Code, a violation of this	2022
section is theft, a felony of the fifth degree. If the value of	2023
the property or services stolen is seven thousand five hundred	2024
dollars or more and is less than one hundred fifty thousand	2025
dollars, a violation of this section is grand theft, a felony of	2026
the fourth degree. If the value of the property or services stolen	2027
is one hundred fifty thousand dollars or more and is less than	2028
seven hundred fifty thousand dollars, a violation of this section	2029
is aggravated theft, a felony of the third degree. If the value of	2030
the property or services is seven hundred fifty thousand dollars	2031
or more and is less than one million five hundred thousand	2032
dollars, a violation of this section is aggravated theft, a felony	2033
of the second degree. If the value of the property or services	2034
stolen is one million five hundred thousand dollars or more, a	2035
violation of this section is aggravated theft of one million five	2036
hundred thousand dollars or more, a felony of the first degree.	2037

(3) Except as otherwise provided in division (B)(4), (5),	2038
(6), (7), or (8), or (9) of this section, if the victim of the	2039
offense is an elderly person or disabled adult, a violation of	2040
this section is theft from an elderly person or disabled adult,	2041
and division (B)(3) of this section applies. Except as otherwise	2042
provided in this division, theft from an elderly person or	2043
disabled adult is a felony of the fifth degree. If the value of	2044
the property or services stolen is one thousand dollars or more	2045
and is less than seven thousand five hundred dollars, theft from	2046
an elderly person or disabled adult is a felony of the fourth	2047
degree. If the value of the property or services stolen is seven	2048
thousand five hundred dollars or more and is less than	2049
thirty-seven thousand five hundred dollars, theft from an elderly	2050
person or disabled adult is a felony of the third degree. If the	2051
value of the property or services stolen is thirty-seven thousand	2052
five hundred dollars or more and is less than one hundred fifty	2053
thousand dollars, theft from an elderly person or disabled adult	2054
is a felony of the second degree. If the value of the property or	2055
services stolen is one hundred fifty thousand dollars or more,	2056
theft from an elderly person or disabled adult is a felony of the	2057
first degree.	2058

(4) If the property stolen is a firearm or dangerous	2059
ordnance, a violation of this section is grand theft. Except as	2060
otherwise provided in this division, grand theft when the property	2061
stolen is a firearm or dangerous ordnance is a felony of the third	2062
degree, and there is a presumption in favor of the court imposing	2063
a prison term for the offense. If the firearm or dangerous	2064
ordnance was stolen from a federally licensed firearms dealer,	2065
grand theft when the property stolen is a firearm or dangerous	2066
ordnance is a felony of the first degree. The offender shall serve	2067
a prison term imposed for grand theft when the property stolen is	2068
a firearm or dangerous ordnance consecutively to any other prison	2069
term or mandatory prison term previously or subsequently imposed	2070
upon the offender.	2071

(5) If the property stolen is a motor vehicle, a violation of	2072
this section is grand theft of a motor vehicle, a felony of the	2073
fourth degree.	2074

(6) If the property stolen is any dangerous drug, a violation	2075
of this section is theft of drugs, a felony of the fourth degree,	2076
or, if the offender previously has been convicted of a felony drug	2077
abuse offense, a felony of the third degree.	2078

(7) If the property stolen is a police dog or horse or an	2079
assistance dog and the offender knows or should know that the	2080
property stolen is a police dog or horse or an assistance dog, a	2081
violation of this section is theft of a police dog or horse or an	2082
assistance dog, a felony of the third degree.	2083

(8) If the property stolen is anhydrous ammonia, a violation	2084
of this section is theft of anhydrous ammonia, a felony of the	2085
third degree.	2086

(9) Except as provided in division (B)(2) of this section	2087
with respect to property with a value of seven thousand five	2088
hundred dollars or more and division (B)(3) of this section with	2089
respect to property with a value of one thousand dollars or more,	2090
if the property stolen is a special purpose article as defined in	2091
section 4737.04 of the Revised Code or is a bulk merchandise	2092
container as defined in section 4737.012 of the Revised Code, a	2093
violation of this section is theft of a special purpose article or	2094
articles or theft of a bulk merchandise container or containers, a	2095
felony of the fifth degree.	2096

(10) In addition to the penalties described in division	2097
(B)(2) of this section, if the offender committed the violation by	2098
causing a motor vehicle to leave the premises of an establishment	2099
at which gasoline is offered for retail sale without the offender	2100
making full payment for gasoline that was dispensed into the fuel	2101
tank of the motor vehicle or into another container, the court may	2102
do one of the following:	2103

(a) Unless division (B)~~(9)~~(10)(b) of this section applies,	2104
suspend for not more than six months the offender's driver's	2105
license, probationary driver's license, commercial driver's	2106
license, temporary instruction permit, or nonresident operating	2107
privilege;	2108

(b) If the offender's driver's license, probationary driver's	2109
license, commercial driver's license, temporary instruction	2110
permit, or nonresident operating privilege has previously been	2111
suspended pursuant to division (B)~~(9)~~(10)(a) of this section,	2112
impose a class seven suspension of the offender's license, permit,	2113
or privilege from the range specified in division (A)(7) of	2114
section 4510.02 of the Revised Code, provided that the suspension	2115
shall be for at least six months.	2116

(c) The court, in lieu of suspending the offender's driver's	2117
or commercial driver's license, probationary driver's license,	2118
temporary instruction permit, or nonresident operating privilege	2119
pursuant to division (B)~~(9)~~(10)(a) or (b) of this section, instead	2120
may require the offender to perform community service for a number	2121
of hours determined by the court.	2122

~~(10)~~(11) In addition to the penalties described in division	2123
(B)(2) of this section, if the offender committed the violation by	2124
stealing rented property or rental services, the court may order	2125
that the offender make restitution pursuant to section 2929.18 or	2126
2929.28 of the Revised Code. Restitution may include, but is not	2127
limited to, the cost of repairing or replacing the stolen	2128
property, or the cost of repairing the stolen property and any	2129
loss of revenue resulting from deprivation of the property due to	2130
theft of rental services that is less than or equal to the actual	2131
value of the property at the time it was rented. Evidence of	2132
intent to commit theft of rented property or rental services shall	2133
be determined pursuant to the provisions of section 2913.72 of the	2134
Revised Code.	2135

(C) The sentencing court that suspends an offender's license,	2136
permit, or nonresident operating privilege under division	2137
(B)~~(9)~~(10) of this section may grant the offender limited driving	2138
privileges during the period of the suspension in accordance with	2139
Chapter 4510. of the Revised Code.	2140

Sec. 2913.51. (A) No person shall receive, retain, or	2141
dispose of property of another knowing or having reasonable cause	2142
to believe that the property has been obtained through commission	2143
of a theft offense.	2144

(B) It is not a defense to a charge of receiving stolen	2145
property in violation of this section that the property was	2146
obtained by means other than through the commission of a theft	2147
offense if the property was explicitly represented to the accused	2148
person as being obtained through the commission of a theft	2149
offense.	2150

(C) Whoever violates this section is guilty of receiving	2151
stolen property. Except as otherwise provided in this division or	2152
division (D) of this section, receiving stolen property is a	2153
misdemeanor of the first degree. If the value of the property	2154
involved is one thousand dollars or more and is less than seven	2155
thousand five hundred dollars, if the property involved is any of	2156
the property listed in section 2913.71 of the Revised Code,	2157
receiving stolen property is a felony of the fifth degree. If the	2158
property involved is a motor vehicle, as defined in section	2159
4501.01 of the Revised Code, if the property involved is a	2160
dangerous drug, as defined in section 4729.01 of the Revised Code,	2161
if the value of the property involved is seven thousand five	2162
hundred dollars or more and is less than one hundred fifty	2163
thousand dollars, or if the property involved is a firearm or	2164
dangerous ordnance, as defined in section 2923.11 of the Revised	2165
Code, receiving stolen property is a felony of the fourth degree.	2166
If the value of the property involved is one hundred fifty	2167
thousand dollars or more, receiving stolen property is a felony of	2168
the third degree.	2169

(D) Except as provided in division (C) of this section with	2170
respect to property involved in a violation of this section with a	2171
value of seven thousand five hundred dollars or more, if the	2172
property involved in violation of this section is a special	2173
purchase article as defined in section 4737.04 of the Revised Code	2174
or a bulk merchandise container as defined in section 4737.012 of	2175
the Revised Code, a violation of this section is receiving a	2176
stolen special purchase article or articles or receiving a stolen	2177
bulk merchandise container or containers, a felony of the fifth	2178
degree.	2179

Sec. 2937.221. (A) A person arrested without warrant for any	2180
violation listed in division (B) of this section, and having a	2181
current valid Ohio driver's or commercial driver's license, if the	2182
person has been notified of the possible consequences of the	2183
person's actions as required by division (C) of this section, may	2184
post bond by depositing the license with the arresting officer if	2185
the officer and person so choose, or with the local court having	2186
jurisdiction if the court and person so choose. The license may be	2187
used as bond only during the period for which it is valid.	2188

When an arresting officer accepts the driver's or commercial	2189
driver's license as bond, the officer shall note the date, time,	2190
and place of the court appearance on "the violator's notice to	2191
appear," and the notice shall serve as a valid Ohio driver's or	2192
commercial driver's license until the date and time appearing	2193
thereon. The arresting officer immediately shall forward the	2194
license to the appropriate court.	2195

When a local court accepts the license as bond or continues	2196
the case to another date and time, it shall provide the person	2197
with a card in a form approved by the registrar of motor vehicles	2198
setting forth the license number, name, address, the date and time	2199
of the court appearance, and a statement that the license is being	2200
held as bond. The card shall serve as a valid license until the	2201
date and time contained in the card.	2202

The court may accept other bond at any time and return the	2203
license to the person. The court shall return the license to the	2204
person when judgment is satisfied, including, but not limited to,	2205
compliance with any court orders, unless a suspension or	2206
cancellation is part of the penalty imposed.	2207

Neither "the violator's notice to appear" nor a court-	2208
granted card shall continue driving privileges beyond the	2209
expiration date of the license.	2210

If the person arrested fails to appear in court at the date	2211
and time set by the court or fails to satisfy the judgment of the	2212
court, including, but not limited to, compliance with all court	2213
orders within the time allowed by the court, the court may declare	2214
the forfeiture of the person's license. Thirty days after the	2215
declaration of the forfeiture, the court shall forward the	2216
person's license to the registrar. The court also shall enter	2217
information relative to the forfeiture on a form approved and	2218
furnished by the registrar and send the form to the registrar. The	2219
registrar shall suspend the person's license and send written	2220
notification of the suspension to the person at the person's last	2221
known address. No valid driver's or commercial driver's license	2222
shall be granted to the person until the court having jurisdiction	2223
orders that the forfeiture be terminated. The court shall inform	2224
the registrar of the termination of the forfeiture by entering	2225
information relative to the termination on a form approved and	2226
furnished by the registrar and sending the form to the registrar.	2227
Upon the termination, the person shall pay to the bureau of motor	2228
vehicles a reinstatement fee of fifteen dollars to cover the costs	2229
of the bureau in administering this section. The registrar shall	2230
deposit the fees so paid into the state bureau of motor vehicles	2231
fund created by section 4501.25 of the Revised Code.	2232

In addition, upon receipt from the court of the copy of the	2233
declaration of forfeiture, neither the registrar nor any deputy	2234
registrar shall accept any application for the registration or	2235
transfer of registration of any motor vehicle owned by or leased	2236
in the name of the person named in the declaration of forfeiture	2237
until the court having jurisdiction over the offense that led to	2238
the suspension issues an order terminating the forfeiture.	2239
However, for a motor vehicle leased in the name of a person named	2240
in a declaration of forfeiture, the registrar shall not implement	2241
the preceding sentence until the registrar adopts procedures for	2242
that implementation under section 4503.39 of the Revised Code.	2243
Upon receipt by the registrar of such an order, the registrar also	2244
shall take the measures necessary to permit the person to register	2245
a motor vehicle the person owns or leases or to transfer the	2246
registration of a motor vehicle the person owns or leases if the	2247
person later makes a proper application and otherwise is eligible	2248
to be issued or to transfer a motor vehicle registration.	2249

(B) Division (A) of this section applies to persons arrested	2250
for violation of:	2251

(1) Any of the provisions of Chapter 4511. or 4513. of the	2252
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	2253
4513.36 of the Revised Code;	2254

(2) Any municipal ordinance substantially similar to a	2255
section included in division (B)(1) of this section;	2256

(3) Any bylaw, rule, or regulation of the Ohio turnpike and	2257
infrastructure commission substantially similar to a section	2258
included in division (B)(1) of this section.	2259

Division (A) of this section does not apply to those persons	2260
issued a citation for the commission of a minor misdemeanor under	2261
section 2935.26 of the Revised Code.	2262

(C) No license shall be accepted as bond by an arresting	2263
officer or by a court under this section until the officer or	2264
court has notified the person that, if the person deposits the	2265
license with the officer or court and either does not appear on	2266
the date and at the time set by the officer or the court, if the	2267
court sets a time, or does not satisfy any judgment rendered,	2268
including, but not limited to, compliance with all court orders,	2269
the license will be suspended, and the person will not be eligible	2270
for reissuance of the license or issuance of a new license, or the	2271
issuance of a certificate of registration for a motor vehicle	2272
owned or leased by the person until the person appears and	2273
complies with any order issued by the court. The person also is	2274
subject to any criminal penalties that may apply to the person.	2275

(D) The registrar shall not restore the person's driving or	2276
vehicle registration privileges until the person pays the	2277
reinstatement fee as provided in this section.	2278

Sec. 3354.13. The ownership of a community college created	2279
and established pursuant to provisions of sections 3354.02 and	2280
3354.04 of the Revised Code, including all right, title, and	2281
interest in and to all property, both real and personal,	2282
pertaining thereto, shall be vested in the board of trustees of	2283
the community college district in which such college is situated,	2284
except as may be provided in a contract entered into under the	2285
authority of division (A) of section 3354.09 of the Revised Code.	2286
The board may acquire by appropriation any land, rights, rights of	2287
way, franchises, easements, or other property necessary or proper	2288
for the construction or the efficient operation of any facility of	2289
the community college district, pursuant to the procedure provided	2290
in section 5537.06 of the Revised Code, with respect to the Ohio	2291
turnpike and infrastructure commission, and insofar as such	2292
procedure is applicable.	2293

Any instrument by which real property is acquired pursuant to	2294
this section shall identify the agency of the state that has the	2295
use and benefit of the real property as specified in section	2296
5301.012 of the Revised Code.	2297

Sec. 3355.10. The ownership of the university branch campus,	2298
created and established pursuant to sections 3355.01 to 3355.14 of	2299
the Revised Code, including all right, title, and interest in and	2300
to all property, both real and personal, pertaining thereto, shall	2301
be vested in the managing authority of the university branch	2302
district. The board may acquire by appropriation any land, rights,	2303
rights of way, franchises, easements, or other property necessary	2304
or proper for the construction or the efficient operation of any	2305
facility of the university branch district, pursuant to section	2306
5537.06 of the Revised Code, with respect to the Ohio turnpike and	2307
infrastructure commission, and insofar as such procedure is	2308
applicable.	2309

University branch district bonds, issued pursuant to section	2310
3355.08 of the Revised Code, are lawful investments of banks,	2311
savings banks, trust companies, trustees, boards of trustees of	2312
sinking funds of municipal corporations, school districts,	2313
counties, the administrator of workers' compensation, the state	2314
teachers retirement system, the public employees retirement	2315
system, and the school employees retirement system, and also are	2316
acceptable as security for the deposit of public moneys.	2317

Any instrument by which real property is acquired pursuant to	2318
this section shall identify the agency of the state that has the	2319
use and benefit of the real property as specified in section	2320
5301.012 of the Revised Code.	2321

Sec. 3357.12. The ownership of a technical college, created	2322
and established pursuant to section 3357.07 of the Revised Code,	2323
including all right, title, and interest in and to all property,	2324
both real and personal, pertaining thereto, shall be vested in the	2325
board of trustees of the technical college district in which such	2326
college is situated. The board may acquire by appropriation any	2327
land, rights, rights-of-way, franchises, easements, or other	2328
property necessary or proper for the construction or the efficient	2329
operation of any facility of the technical college district,	2330
pursuant to the procedure provided in section 5537.06 of the	2331
Revised Code, with respect to the Ohio turnpike and infrastructure	2332
commission, and insofar as such procedure is applicable.	2333

Any instrument by which real property is acquired pursuant to	2334
this section shall identify the agency of the state that has the	2335
use and benefit of the real property as specified in section	2336
5301.012 of the Revised Code.	2337

Sec. 3705.242. (A)(1) The director of health, a person	2338
authorized by the director, a local commissioner of health, or a	2339
local registrar of vital statistics shall charge and collect a fee	2340
of one dollar and fifty cents for each certified copy of a birth	2341
record, each certification of birth, and each copy of a death	2342
record. The fee is in addition to the fee imposed by section	2343
3705.24 or any other section of the Revised Code. A local	2344
commissioner of health or local registrar of vital statistics may	2345
retain an amount of each additional fee collected, not to exceed	2346
three per cent of the amount of the additional fee, to be used for	2347
costs directly related to the collection of the fee and the	2348
forwarding of the fee to the department of health.	2349

The additional fees collected by the director of health or a	2350
person authorized by the director and the additional fees	2351
collected but not retained by a local commissioner of health or a	2352
local registrar of vital statistics shall be forwarded to the	2353
department of health not later than thirty days following the end	2354
of each quarter. Not later than two days after the fees are	2355
forwarded to the department each quarter, the department shall pay	2356
the collected fees to the treasurer of state in accordance with	2357
rules adopted by the treasurer of state under section 113.08 of	2358
the Revised Code.	2359

(2) On the filing of a divorce decree under section 3105.10	2360
or a decree of dissolution under section 3105.65 of the Revised	2361
Code, a court of common pleas shall charge and collect a fee of	2362
five dollars and fifty cents. The fee is in addition to any other	2363
court costs or fees. The county clerk of courts may retain an	2364
amount of each additional fee collected, not to exceed three per	2365
cent of the amount of the additional fee, to be used for costs	2366
directly related to the collection of the fee and the forwarding	2367
of the fee to the treasurer of state. The additional fees	2368
collected, but not retained, under division (A)(2) of this section	2369
shall be forwarded to the treasurer of state not later than twenty	2370
days following the end of each month.	2371

(B) The treasurer of state shall deposit the fees paid or	2372
forwarded under this section in the state treasury to the credit	2373
of the family violence prevention fund, which is hereby created. A	2374
person or government entity that fails to pay or forward the fees	2375
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	2376
described in this section, shall send to the ~~treasurer of state,~~	2377
~~in addition to the fees,~~department of public safety a penalty	2378
equal to ten per cent of the fees. The department of public safety	2379
shall forward all collected late fees to the treasurer of state	2380
for deposit into the family violence prevention fund in accordance	2381
with rules adopted by the treasurer of state under section 113.08	2382
of the Revised Code.	2383

The treasurer of state shall invest the moneys in the fund.	2384
All earnings resulting from investment of the fund shall be	2385
credited to the fund, except that actual administration costs	2386
incurred by the treasurer of state in administering the fund may	2387
be deducted from the earnings resulting from investments. The	2388
amount that may be deducted shall not exceed three per cent of the	2389
total amount of fees credited to the fund in each fiscal year. The	2390
balance of the investment earnings shall be credited to the fund.	2391

(C) The director of public safety shall use money credited to	2392
the fund to provide grants to family violence shelters in Ohio and	2393
to operate the division of criminal justice services.	2394

Sec. 3791.12. (A) As used in this section and section	2395
3791.13 of the Revised Code:	2396

(1) "Service station" means any facility designed and	2397
constructed primarily for use in the retail sale of gasoline,	2398
other petroleum products, and related accessories; except that	2399
"service station" does not include any such facility that has been	2400
converted for use for another bona fide business purpose, on and	2401
after the date of commencement of such other use.	2402

(2) "Abandoned service station" means any service station	2403
that has not been used for the retail sale of gasoline, other	2404
petroleum products, and related accessories for a continuous	2405
period of six months, whenever failure to reasonably secure	2406
station buildings from ready access by unauthorized persons and to	2407
reasonably maintain the station's premises has resulted in	2408
conditions that endanger the public health, welfare, safety, or	2409
morals; provided, that such conditions include, but are not	2410
limited to, the presence of defective or deteriorated electrical	2411
wiring, heating apparatus, and gas connections, or of unprotected	2412
gasoline storage tanks, piping, and valves, or any combination of	2413
the foregoing; and provided further that the casual and	2414
intermittent use of a service station for the retail sale of any	2415
item described in division (A)(1) of this section during such	2416
six-month period shall not be held to prevent the station from	2417
being determined an abandoned service station if it meets the	2418
other qualifications of this division.	2419

(B) The executive authority of each municipal corporation and	2420
the board of county commissioners of each county shall designate a	2421
suitable person to make inspections, within their respective	2422
territorial jurisdictions, of any service stations that are, or	2423
appear to be, no longer in use for the purposes described in	2424
division (A)(1) of this section ~~3791.11 of the Revised Code~~, or	2425
for any other bona fide business purpose. Inspections of service	2426
stations under this section shall be made at the order of the	2427
executive authority or board, or upon the complaint of any person	2428
claiming to be adversely affected by the condition of a service	2429
station. Any inspector designated under this section shall have	2430
the right to enter upon and inspect any service station that is,	2431
or appears to be, no longer in use as described in this section.	2432
No inspector, while in the lawful pursuit of official duties for	2433
such purpose, shall be subject to arrest for trespass while so	2434
engaged or for such cause thereafter.	2435

~~(B)~~(C) Whenever an inspector, upon inspecting a service	2436
station as provided in this section, has reasonable cause to	2437
believe that it qualifies as an abandoned service station, the	2438
inspector shall prepare a written report of the condition of the	2439
station's buildings and premises. The report shall be filed	2440
immediately with the executive authority or board. Upon receipt of	2441
the report, the executive authority or board shall fix a place and	2442
time, not less than thirty days nor more than sixty days after	2443
receipt of the report, for a hearing to determine whether the	2444
service station is an abandoned service station. The executive	2445
authority or board shall send written notice of the place and date	2446
of the hearing, together with a copy of the inspector's report and	2447
information that the service station may be ordered repaired or	2448
removed if determined to be abandoned, to all persons listed in	2449
the ~~bond filed under division (C) of section 3791.11 of the~~	2450
~~Revised Code~~records of the county recorder as an owner of the	2451
affected property, and to all persons listed in the records of the	2452
county recorder or county clerk of courts as holding a lien on the	2453
affected property. Such notice shall be sent by certified mail to	2454
the address shown on such records.	2455

~~(C)~~(D) In hearing the matter and deciding the issue, the	2456
executive authority or board shall consider the testimony of any	2457
persons appearing pursuant to the notice or their authorized	2458
representatives, the testimony of any witnesses appearing on	2459
behalf of such persons, the inspector's report or testimony, or	2460
both, and any other evidence pertinent to the matter. If the	2461
executive authority or board thereupon determines that the service	2462
station is an abandoned service station in such condition as to	2463
constitute a danger to the public health, welfare, safety, or	2464
morals, it shall order the satisfactory repair, or removal, of the	2465
service station and its appurtenances, and restoration of the	2466
property, within such period of time, not less than thirty days,	2467
as the executive authority or board thereupon determines	2468
reasonable. Notice of the findings and order shall be sent to all	2469
persons required to be notified by division ~~(B)~~(C) of this section	2470
in the same manner as provided in that division.	2471

~~(D)~~(E) If an abandoned service station is not satisfactorily	2472
repaired or removed within the period of time provided in an order	2473
made under division ~~(C)~~(D) of this section, the municipal	2474
corporation or county may enter the land and complete the repair,	2475
if repair was ordered, or remove the service station and its	2476
appurtenances, if removal was ordered, and restore the property.	2477

~~(E)~~(F) Any person aggrieved by an order of an executive	2478
authority or board made under division ~~(C)~~(D) of this section, may	2479
appeal as provided in Chapter 2506. of the Revised Code within	2480
thirty days of the mailing of notice of the order.	2481

~~(F)~~(G) In the event that no persons notified as provided in	2482
division ~~(B)~~(C) of this section, or their authorized	2483
representatives, appear at the hearing, respond to an order of the	2484
executive authority or board, or appeal within thirty days of the	2485
mailing of notice of the order as provided in division ~~(E)~~(F) of	2486
this section, the municipal corporation or county may proceed as	2487
provided in division ~~(D)~~(E) of this section.	2488

Sec. 3791.13. (A) When a municipal corporation or county	2489
enters and repairs or removes an abandoned service station and its	2490
appurtenances and restores the property as provided in division	2491
~~(D)~~(E) or ~~(F)~~(G) of section 3791.12 of the Revised Code, it may	2492
bring an action ~~on the bond filed pursuant to division (C) of~~	2493
~~section 3791.11 of the Revised Code~~ to recover the costs of repair	2494
or removal and restoration, plus the costs of the suit. ~~If the~~	2495
~~costs of repair or removal and restoration exceed the amount~~	2496
~~collected on the bond, the~~The owner of the property and any	2497
lessee, other than a person leasing and operating the service	2498
station pursuant to a contract with a supplier of gasoline and	2499
other petroleum products, shall be jointly and severally liable	2500
for the ~~deficiency~~costs.	2501

(B) Sections ~~3791.11,~~ 3791.12, 3791.13 and 3791.99 of the	2502
Revised Code shall be an alternative remedy for the removal of	2503
abandoned service stations and shall not invalidate municipal	2504
ordinances regulating the use, requiring maintenance or repair, or	2505
providing for the removal of service stations.	2506

Sec. 3791.99. (A) Whoever violates ~~division (B) of section~~	2507
~~3791.11 or~~ division (D) of section 3791.21 of the Revised Code is	2508
guilty of a minor misdemeanor, and each day the violation	2509
continues constitutes a separate offense.	2510

(B) Whoever violates this chapter or any rule adopted or	2511
order issued pursuant to it that relates to the construction,	2512
alteration, or repair of any building, and the violation is not	2513
detrimental to the health, safety, or welfare of any person, shall	2514
be fined not more than one hundred dollars.	2515

(C) Whoever violates this chapter or any rule adopted or	2516
order issued pursuant to it that relates to the construction,	2517
alteration, or repair of any building, and the violation is	2518
detrimental to the health, safety, or welfare of any person, is	2519
guilty of a minor misdemeanor.	2520

Sec. 4501.01. As used in this chapter and Chapters 4503.,	2521
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	2522
Revised Code, and in the penal laws, except as otherwise provided:	2523

(A) "Vehicles" means everything on wheels or runners,	2524
including motorized bicycles, but does not mean electric personal	2525
assistive mobility devices, vehicles that are operated exclusively	2526
on rails or tracks or from overhead electric trolley wires, and	2527
vehicles that belong to any police department, municipal fire	2528
department, or volunteer fire department, or that are used by such	2529
a department in the discharge of its functions.	2530

(B) "Motor vehicle" means any vehicle, including mobile homes	2531
and recreational vehicles, that is propelled or drawn by power	2532
other than muscular power or power collected from overhead	2533
electric trolley wires. "Motor vehicle" does not include utility	2534
vehicles as defined in division (VV) of this section, motorized	2535
bicycles, road rollers, traction engines, power shovels, power	2536
cranes, and other equipment used in construction work and not	2537
designed for or employed in general highway transportation,	2538
well-drilling machinery, ditch-digging machinery, farm machinery,	2539
and trailers that are designed and used exclusively to transport a	2540
boat between a place of storage and a marina, or in and around a	2541
marina, when drawn or towed on a public road or highway for a	2542
distance of no more than ten miles and at a speed of twenty-five	2543
miles per hour or less.	2544

(C) "Agricultural tractor" and "traction engine" mean any	2545
self-propelling vehicle that is designed or used for drawing other	2546
vehicles or wheeled machinery, but has no provisions for carrying	2547
loads independently of such other vehicles, and that is used	2548
principally for agricultural purposes.	2549

(D) "Commercial tractor," except as defined in division (C)	2550
of this section, means any motor vehicle that has motive power and	2551
either is designed or used for drawing other motor vehicles, or is	2552
designed or used for drawing another motor vehicle while carrying	2553
a portion of the other motor vehicle or its load, or both.	2554

(E) "Passenger car" means any motor vehicle that is designed	2555
and used for carrying not more than nine persons and includes any	2556
motor vehicle that is designed and used for carrying not more than	2557
fifteen persons in a ridesharing arrangement.	2558

(F) "Collector's vehicle" means any motor vehicle or	2559
agricultural tractor or traction engine that is of special	2560
interest, that has a fair market value of one hundred dollars or	2561
more, whether operable or not, and that is owned, operated,	2562
collected, preserved, restored, maintained, or used essentially as	2563
a collector's item, leisure pursuit, or investment, but not as the	2564
owner's principal means of transportation. "Licensed collector's	2565
vehicle" means a collector's vehicle, other than an agricultural	2566
tractor or traction engine, that displays current, valid license	2567
tags issued under section 4503.45 of the Revised Code, or a	2568
similar type of motor vehicle that displays current, valid license	2569
tags issued under substantially equivalent provisions in the laws	2570
of other states.	2571

(G) "Historical motor vehicle" means any motor vehicle that	2572
is over twenty-five years old and is owned solely as a collector's	2573
item and for participation in club activities, exhibitions, tours,	2574
parades, and similar uses, but that in no event is used for	2575
general transportation.	2576

(H) "Noncommercial motor vehicle" means any motor vehicle,	2577
including a farm truck as defined in section 4503.04 of the	2578
Revised Code, that is designed by the manufacturer to carry a load	2579
of no more than one ton and is used exclusively for purposes other	2580
than engaging in business for profit.	2581

(I) "Bus" means any motor vehicle that has motor power and is	2582
designed and used for carrying more than nine passengers, except	2583
any motor vehicle that is designed and used for carrying not more	2584
than fifteen passengers in a ridesharing arrangement.	2585

(J) "Commercial car" or "truck" means any motor vehicle that	2586
has motor power and is designed and used for carrying merchandise	2587
or freight, or that is used as a commercial tractor.	2588

(K) "Bicycle" means every device, other than a ~~tricycle~~	2589
device that is designed solely for use as a play vehicle by a	2590
child, that is propelled solely by human power upon which ~~any~~a	2591
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	2592
~~wheel in front and two wheels in the rear, or two wheels in the~~	2593
~~front and one wheel in the rear,~~ any of which is more than	2594
fourteen inches in diameter.	2595

(L) "Motorized bicycle" means any vehicle that either has two	2596
tandem wheels or one wheel in the front and two wheels in the	2597
rear, that is capable of being pedaled, and that is equipped with	2598
a helper motor of not more than fifty cubic centimeters piston	2599
displacement that produces no more than one brake horsepower and	2600
is capable of propelling the vehicle at a speed of no greater than	2601
twenty miles per hour on a level surface.	2602

(M) "Trailer" means any vehicle without motive power that is	2603
designed or used for carrying property or persons wholly on its	2604
own structure and for being drawn by a motor vehicle, and includes	2605
any such vehicle that is formed by or operated as a combination of	2606
a semitrailer and a vehicle of the dolly type such as that	2607
commonly known as a trailer dolly, a vehicle used to transport	2608
agricultural produce or agricultural production materials between	2609
a local place of storage or supply and the farm when drawn or	2610
towed on a public road or highway at a speed greater than	2611
twenty-five miles per hour, and a vehicle that is designed and	2612
used exclusively to transport a boat between a place of storage	2613
and a marina, or in and around a marina, when drawn or towed on a	2614
public road or highway for a distance of more than ten miles or at	2615
a speed of more than twenty-five miles per hour. "Trailer" does	2616
not include a manufactured home or travel trailer.	2617

(N) "Noncommercial trailer" means any trailer, except a	2618
travel trailer or trailer that is used to transport a boat as	2619
described in division (B) of this section, but, where applicable,	2620
includes a vehicle that is used to transport a boat as described	2621
in division (M) of this section, that has a gross weight of no	2622
more than ten thousand pounds, and that is used exclusively for	2623
purposes other than engaging in business for a profit, such as the	2624
transportation of personal items for personal or recreational	2625
purposes.	2626

(O) "Mobile home" means a building unit or assembly of closed	2627
construction that is fabricated in an off-site facility, is more	2628
than thirty-five body feet in length or, when erected on site, is	2629
three hundred twenty or more square feet, is built on a permanent	2630
chassis, is transportable in one or more sections, and does not	2631
qualify as a manufactured home as defined in division (C)(4) of	2632
section 3781.06 of the Revised Code or as an industrialized unit	2633
as defined in division (C)(3) of section 3781.06 of the Revised	2634
Code.	2635

(P) "Semitrailer" means any vehicle of the trailer type that	2636
does not have motive power and is so designed or used with another	2637
and separate motor vehicle that in operation a part of its own	2638
weight or that of its load, or both, rests upon and is carried by	2639
the other vehicle furnishing the motive power for propelling	2640
itself and the vehicle referred to in this division, and includes,	2641
for the purpose only of registration and taxation under those	2642
chapters, any vehicle of the dolly type, such as a trailer dolly,	2643
that is designed or used for the conversion of a semitrailer into	2644
a trailer.	2645

(Q) "Recreational vehicle" means a vehicular portable	2646
structure that meets all of the following conditions:	2647

(1) It is designed for the sole purpose of recreational	2648
travel.	2649

(2) It is not used for the purpose of engaging in business	2650
for profit.	2651

(3) It is not used for the purpose of engaging in intrastate	2652
commerce.	2653

(4) It is not used for the purpose of commerce as defined in	2654
49 C.F.R. 383.5, as amended.	2655

(5) It is not regulated by the public utilities commission	2656
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	2657

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

2658

(a) "Travel trailer" means a nonself-propelled recreational	2659
vehicle that does not exceed an overall length of thirty-five	2660
feet, exclusive of bumper and tongue or coupling, and contains	2661
less than three hundred twenty square feet of space when erected	2662
on site. "Travel trailer" includes a tent-type fold-out camping	2663
trailer as defined in section 4517.01 of the Revised Code.	2664

(b) "Motor home" means a self-propelled recreational vehicle	2665
that has no fifth wheel and is constructed with permanently	2666
installed facilities for cold storage, cooking and consuming of	2667
food, and for sleeping.	2668

(c) "Truck camper" means a nonself-propelled recreational	2669
vehicle that does not have wheels for road use and is designed to	2670
be placed upon and attached to a motor vehicle. "Truck camper"	2671
does not include truck covers that consist of walls and a roof,	2672
but do not have floors and facilities enabling them to be used as	2673
a dwelling.	2674

(d) "Fifth wheel trailer" means a vehicle that is of such	2675
size and weight as to be movable without a special highway permit,	2676
that has a gross trailer area of four hundred square feet or less,	2677
that is constructed with a raised forward section that allows a	2678
bi-level floor plan, and that is designed to be towed by a vehicle	2679
equipped with a fifth-wheel hitch ordinarily installed in the bed	2680
of a truck.	2681

(e) "Park trailer" means a vehicle that is commonly known as	2682
a park model recreational vehicle, meets the American national	2683
standard institute standard A119.5 (1988) for park trailers, is	2684
built on a single chassis, has a gross trailer area of four	2685
hundred square feet or less when set up, is designed for seasonal	2686
or temporary living quarters, and may be connected to utilities	2687
necessary for the operation of installed features and appliances.	2688

(R) "Pneumatic tires" means tires of rubber and fabric or	2689
tires of similar material, that are inflated with air.	2690

(S) "Solid tires" means tires of rubber or similar elastic	2691
material that are not dependent upon confined air for support of	2692
the load.	2693

(T) "Solid tire vehicle" means any vehicle that is equipped	2694
with two or more solid tires.	2695

(U) "Farm machinery" means all machines and tools that are	2696
used in the production, harvesting, and care of farm products, and	2697
includes trailers that are used to transport agricultural produce	2698
or agricultural production materials between a local place of	2699
storage or supply and the farm, agricultural tractors, threshing	2700
machinery, hay-baling machinery, corn shellers, hammermills, and	2701
machinery used in the production of horticultural, agricultural,	2702
and vegetable products.	2703

(V) "Owner" includes any person or firm, other than a	2704
manufacturer or dealer, that has title to a motor vehicle, except	2705
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	2706
includes in addition manufacturers and dealers.	2707

(W) "Manufacturer" and "dealer" include all persons and firms	2708
that are regularly engaged in the business of manufacturing,	2709
selling, displaying, offering for sale, or dealing in motor	2710
vehicles, at an established place of business that is used	2711
exclusively for the purpose of manufacturing, selling, displaying,	2712
offering for sale, or dealing in motor vehicles. A place of	2713
business that is used for manufacturing, selling, displaying,	2714
offering for sale, or dealing in motor vehicles shall be deemed to	2715
be used exclusively for those purposes even though snowmobiles or	2716
all-purpose vehicles are sold or displayed for sale thereat, even	2717
though farm machinery is sold or displayed for sale thereat, or	2718
even though repair, accessory, gasoline and oil, storage, parts,	2719
service, or paint departments are maintained thereat, or, in any	2720
county having a population of less than seventy-five thousand at	2721
the last federal census, even though a department in a place of	2722
business is used to dismantle, salvage, or rebuild motor vehicles	2723
by means of used parts, if such departments are operated for the	2724
purpose of furthering and assisting in the business of	2725
manufacturing, selling, displaying, offering for sale, or dealing	2726
in motor vehicles. Places of business or departments in a place of	2727
business used to dismantle, salvage, or rebuild motor vehicles by	2728
means of using used parts are not considered as being maintained	2729
for the purpose of assisting or furthering the manufacturing,	2730
selling, displaying, and offering for sale or dealing in motor	2731
vehicles.	2732

(X) "Operator" includes any person who drives or operates a	2733
motor vehicle upon the public highways.	2734

(Y) "Chauffeur" means any operator who operates a motor	2735
vehicle, other than a taxicab, as an employee for hire; or any	2736
operator whether or not the owner of a motor vehicle, other than a	2737
taxicab, who operates such vehicle for transporting, for gain,	2738
compensation, or profit, either persons or property owned by	2739
another. Any operator of a motor vehicle who is voluntarily	2740
involved in a ridesharing arrangement is not considered an	2741
employee for hire or operating such vehicle for gain,	2742
compensation, or profit.	2743

(Z) "State" includes the territories and federal districts of	2744
the United States, and the provinces of Canada.	2745

(AA) "Public roads and highways" for vehicles includes all	2746
public thoroughfares, bridges, and culverts.	2747

(BB) "Manufacturer's number" means the manufacturer's	2748
original serial number that is affixed to or imprinted upon the	2749
chassis or other part of the motor vehicle.	2750

(CC) "Motor number" means the manufacturer's original number	2751
that is affixed to or imprinted upon the engine or motor of the	2752
vehicle.	2753

(DD) "Distributor" means any person who is authorized by a	2754
motor vehicle manufacturer to distribute new motor vehicles to	2755
licensed motor vehicle dealers at an established place of business	2756
that is used exclusively for the purpose of distributing new motor	2757
vehicles to licensed motor vehicle dealers, except when the	2758
distributor also is a new motor vehicle dealer, in which case the	2759
distributor may distribute at the location of the distributor's	2760
licensed dealership.	2761

(EE) "Ridesharing arrangement" means the transportation of	2762
persons in a motor vehicle where the transportation is incidental	2763
to another purpose of a volunteer driver and includes ridesharing	2764
arrangements known as carpools, vanpools, and buspools.	2765

(FF) "Apportionable vehicle" means any vehicle that is used	2766
or intended for use in two or more international registration plan	2767
member jurisdictions that allocate or proportionally register	2768
vehicles, that is used for the transportation of persons for hire	2769
or designed, used, or maintained primarily for the transportation	2770
of property, and that meets any of the following qualifications:	2771

(1) Is a power unit having a gross vehicle weight in excess	2772
of twenty-six thousand pounds;	2773

(2) Is a power unit having three or more axles, regardless of	2774
the gross vehicle weight;	2775

(3) Is a combination vehicle with a gross vehicle weight in	2776
excess of twenty-six thousand pounds.	2777

"Apportionable vehicle" does not include recreational	2778
vehicles, vehicles displaying restricted plates, city pick-up and	2779
delivery vehicles, buses used for the transportation of chartered	2780
parties, or vehicles owned and operated by the United States, this	2781
state, or any political subdivisions thereof.	2782

(GG) "Chartered party" means a group of persons who contract	2783
as a group to acquire the exclusive use of a passenger-carrying	2784
motor vehicle at a fixed charge for the vehicle in accordance with	2785
the carrier's tariff, lawfully on file with the United States	2786
department of transportation, for the purpose of group travel to a	2787
specified destination or for a particular itinerary, either agreed	2788
upon in advance or modified by the chartered group after having	2789
left the place of origin.	2790

(HH) "International registration plan" means a reciprocal	2791
agreement of member jurisdictions that is endorsed by the American	2792
association of motor vehicle administrators, and that promotes and	2793
encourages the fullest possible use of the highway system by	2794
authorizing apportioned registration of fleets of vehicles and	2795
recognizing registration of vehicles apportioned in member	2796
jurisdictions.	2797

(II) "Restricted plate" means a license plate that has a	2798
restriction of time, geographic area, mileage, or commodity, and	2799
includes license plates issued to farm trucks under division (J)	2800
of section 4503.04 of the Revised Code.	2801

(JJ) "Gross vehicle weight," with regard to any commercial	2802
car, trailer, semitrailer, or bus that is taxed at the rates	2803
established under section 4503.042 or 4503.65 of the Revised Code,	2804
means the unladen weight of the vehicle fully equipped plus the	2805
maximum weight of the load to be carried on the vehicle.	2806

(KK) "Combined gross vehicle weight" with regard to any	2807
combination of a commercial car, trailer, and semitrailer, that is	2808
taxed at the rates established under section 4503.042 or 4503.65	2809
of the Revised Code, means the total unladen weight of the	2810
combination of vehicles fully equipped plus the maximum weight of	2811
the load to be carried on that combination of vehicles.	2812

(LL) "Chauffeured limousine" means a motor vehicle that is	2813
designed to carry nine or fewer passengers and is operated for	2814
hire on an hourly basis pursuant to a prearranged contract for the	2815
transportation of passengers on public roads and highways along a	2816
route under the control of the person hiring the vehicle and not	2817
over a defined and regular route. "Prearranged contract" means an	2818
agreement, made in advance of boarding, to provide transportation	2819
from a specific location in a chauffeured limousine at a fixed	2820
rate per hour or trip. "Chauffeured limousine" does not include	2821
any vehicle that is used exclusively in the business of funeral	2822
directing.	2823

(MM) "Manufactured home" has the same meaning as in division	2824
(C)(4) of section 3781.06 of the Revised Code.	2825

(NN) "Acquired situs," with respect to a manufactured home or	2826
a mobile home, means to become located in this state by the	2827
placement of the home on real property, but does not include the	2828
placement of a manufactured home or a mobile home in the inventory	2829
of a new motor vehicle dealer or the inventory of a manufacturer,	2830
remanufacturer, or distributor of manufactured or mobile homes.	2831

(OO) "Electronic" includes electrical, digital, magnetic,	2832
optical, electromagnetic, or any other form of technology that	2833
entails capabilities similar to these technologies.	2834

(PP) "Electronic record" means a record generated,	2835
communicated, received, or stored by electronic means for use in	2836
an information system or for transmission from one information	2837
system to another.	2838

(QQ) "Electronic signature" means a signature in electronic	2839
form attached to or logically associated with an electronic	2840
record.	2841

(RR) "Financial transaction device" has the same meaning as	2842
in division (A) of section 113.40 of the Revised Code.	2843

(SS) "Electronic motor vehicle dealer" means a motor vehicle	2844
dealer licensed under Chapter 4517. of the Revised Code whom the	2845
registrar of motor vehicles determines meets the criteria	2846
designated in section 4503.035 of the Revised Code for electronic	2847
motor vehicle dealers and designates as an electronic motor	2848
vehicle dealer under that section.	2849

(TT) "Electric personal assistive mobility device" means a	2850
self-balancing two non-tandem wheeled device that is designed to	2851
transport only one person, has an electric propulsion system of an	2852
average of seven hundred fifty watts, and when ridden on a paved	2853
level surface by an operator who weighs one hundred seventy pounds	2854
has a maximum speed of less than twenty miles per hour.	2855

(UU) "Limited driving privileges" means the privilege to	2856
operate a motor vehicle that a court grants under section 4510.021	2857
of the Revised Code to a person whose driver's or commercial	2858
driver's license or permit or nonresident operating privilege has	2859
been suspended.	2860

(VV) "Utility vehicle" means a self-propelled vehicle	2861
designed with a bed, principally for the purpose of transporting	2862
material or cargo in connection with construction, agricultural,	2863
forestry, grounds maintenance, lawn and garden, materials	2864
handling, or similar activities. "Utility vehicle" includes a	2865
vehicle with a maximum attainable speed of twenty miles per hour	2866
or less that is used exclusively within the boundaries of state	2867
parks by state park employees or volunteers for the operation or	2868
maintenance of state park facilities.	2869

Sec. 4501.03. The registrar of motor vehicles shall open an	2870
account with each county and district of registration in the	2871
state, and may assign each county and district of registration in	2872
the state a unique code for identification purposes. Except as	2873
provided in section 4501.044 or division (A)(1) of section	2874
4501.045 of the Revised Code, the registrar shall pay all moneys	2875
the registrar receives under sections 4503.02,and 4503.12~~, and~~	2876
~~4504.09~~ of the Revised Code into the state treasury to the credit	2877
of the auto registration distribution fund, which is hereby	2878
created, for distribution in the manner provided for in this	2879
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	2880
~~4501.043~~ of the Revised Code. All other moneys received by the	2881
registrar shall be deposited in the state bureau of motor vehicles	2882
fund established in section 4501.25 of the Revised Code for the	2883
purposes enumerated in that section, unless otherwise provided by	2884
law.	2885

All moneys credited to the auto registration distribution	2886
fund shall be distributed to the counties and districts of	2887
registration, ~~except for funds received by the registrar under~~	2888
~~section 4504.09 of the Revised Code,~~ after receipt of	2889
certifications from the commissioners of the sinking fund	2890
certifying, as required by sections 5528.15 and 5528.35 of the	2891
Revised Code, that there are sufficient moneys to the credit of	2892
the highway improvement bond retirement fund created by section	2893
5528.12 of the Revised Code to meet in full all payments of	2894
interest, principal, and charges for the retirement of bonds and	2895
other obligations issued pursuant to Section 2g of Article VIII,	2896
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2897
Code due and payable during the current calendar year, and that	2898
there are sufficient moneys to the credit of the highway	2899
obligations bond retirement fund created by section 5528.32 of the	2900
Revised Code to meet in full all payments of interest, principal,	2901
and charges for the retirement of highway obligations issued	2902
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2903
sections 5528.30 and 5528.31 of the Revised Code due and payable	2904
during the current calendar year, in the manner provided in	2905
section 4501.04 of the Revised Code.	2906

The treasurer of state may invest any portion of the moneys	2907
credited to the auto registration distribution fund, in the same	2908
manner and subject to all the laws with respect to the investment	2909
of state funds by the treasurer of state, and all investment	2910
earnings of the fund shall be credited to the fund.	2911

Once each month the registrar shall prepare vouchers in favor	2912
of the county auditor of each county for the amount of the tax	2913
collection pursuant to sections 4503.02 and 4503.12 of the Revised	2914
Code apportioned to the county and to the districts of	2915
registration located wholly or in part in the county auditor's	2916
county. The county auditor shall distribute the proceeds of the	2917
tax collections due the county and the districts of registration	2918
in the manner provided in section 4501.04 of the Revised Code.	2919

~~Once each month the registrar also shall prepare vouchers in~~	2920
~~favor of the county auditor of each county levying a county motor~~	2921
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	2922
~~4504.16 of the Revised Code and of each county in which is located~~	2923
~~one or more townships levying a township motor vehicle license tax~~	2924
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	2925
~~the tax due the county or townships in the county.~~	2926

All moneys received by the registrar under sections 4503.02,	2927
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	2928
to counties, townships, and municipal corporations within thirty	2929
days of the expiration of the registration year, except that a sum	2930
equal to five per cent of the total amount received under sections	2931
4503.02 and 4503.12 of the Revised Code may be reserved to make	2932
final adjustments in accordance with the formula for distribution	2933
set forth in section 4501.04 of the Revised Code. If amounts set	2934
aside to make the adjustments are inadequate, necessary	2935
adjustments shall be made immediately out of funds available for	2936
distribution for the following two registration years.	2937

Sec. 4501.031. All moneys received under section 4504.09 of	2938
the Revised Code shall be paid into the state treasury to the	2939
credit of the local motor vehicle license tax fund, which is	2940
hereby created, for distribution in the manner provided for in	2941
this chapter. The treasurer of state may invest any portion of the	2942
moneys credited to the fund in the same manner and subject to all	2943
the laws governing the investment of state funds by the treasurer	2944
of state. All investment earnings of the fund shall be credited to	2945
the fund.	2946

The registrar of motor vehicles shall open an account with	2947
each county and district of registration in the state, and may	2948
assign each county and district a code for identification	2949
purposes. The code for a county or district may be the same as the	2950
code assigned to the county or district by the registrar under	2951
section 4501.03 of the Revised Code.	2952

Once each month the registrar shall prepare vouchers in favor	2953
of the county auditor of each county levying a county motor	2954
vehicle license tax pursuant to section 4504.02, 4504.15, or	2955
4504.16 of the Revised Code and of each county in which is located	2956
one or more townships levying a township motor vehicle license tax	2957
pursuant to section 4504.18 of the Revised Code for the amount of	2958
the tax due the county or townships in the county.	2959

All moneys received by the registrar under section 4504.09 of	2960
the Revised Code shall be distributed to counties, townships, and	2961
municipal corporations within thirty days of the expiration of the	2962
registration year. Necessary adjustments shall be made immediately	2963
out of funds available for distribution for the following two	2964
registration years.	2965

Sec. 4501.04. All moneys paid into the auto registration	2966
distribution fund under section 4501.03 of the Revised Code,	2967
except ~~moneys received under section 4504.09 of the Revised Code~~	2968
~~and~~ moneys received under section 4503.02 of the Revised Code in	2969
accordance with section 4501.13 of the Revised Code, and except	2970
moneys paid for costs of audits under section 4501.03 of the	2971
Revised Code, after receipt by the treasurer of state of	2972
certifications from the commissioners of the sinking fund	2973
certifying, as required by sections 5528.15 and 5528.35 of the	2974
Revised Code, that there are sufficient moneys to the credit of	2975
the highway improvement bond retirement fund created by section	2976
5528.12 of the Revised Code to meet in full all payments of	2977
interest, principal, and charges for the retirement of bonds and	2978
other obligations issued pursuant to Section 2g of Article VIII,	2979
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	2980
Code, due and payable during the current calendar year, and that	2981
there are sufficient moneys to the credit of the highway	2982
obligations bond retirement fund created by section 5528.32 of the	2983
Revised Code to meet in full all payments of interest, principal,	2984
and charges for the retirement of highway obligations issued	2985
pursuant to Section 2i of Article VIII, Ohio Constitution, and	2986
sections 5528.30 and 5528.31 of the Revised Code due and payable	2987
during the current calendar year, shall be distributed as follows:	2988

(A) Thirty-four per cent of all such moneys are for the use	2989
of the municipal corporation or county which constitutes the	2990
district of registration. The portion of such money due to the	2991
municipal corporation shall be paid into its treasury forthwith	2992
upon receipt by the county auditor, and shall be used to plan,	2993
construct, reconstruct, repave, widen, maintain, repair, clear,	2994
and clean public highways, roads, and streets; to maintain and	2995
repair bridges and viaducts; to purchase, erect, and maintain	2996
street and traffic signs and markers; to purchase, erect, and	2997
maintain traffic lights and signals; to pay the principal,	2998
interest, and charges on bonds and other obligations issued	2999
pursuant to Chapter 133. of the Revised Code or incurred pursuant	3000
to section 5531.09 of the Revised Code for the purpose of	3001
acquiring or constructing roads, highways, bridges, or viaducts,	3002
or acquiring or making other highway improvements for which the	3003
municipal corporation may issue bonds; and to supplement revenue	3004
already available for such purposes.	3005

The county portion of such funds shall be retained in the	3006
county treasury and shall be used for the planning, maintenance,	3007
repair, construction, and repaving of public streets, and	3008
maintaining and repairing bridges and viaducts; the payment of	3009
principal, interest, and charges on bonds and other obligations	3010
issued pursuant to Chapter 133. of the Revised Code or incurred	3011
pursuant to section 5531.09 of the Revised Code for the purpose of	3012
acquiring or constructing roads, highways, bridges, or viaducts or	3013
acquiring or making other highway improvements for which the board	3014
of county commissioners may issue bonds under such chapter; and	3015
for no other purpose.	3016

(B) Five per cent of all such moneys, together with interest	3017
earned by the treasurer of state as provided in section 4501.03 of	3018
the Revised Code, shall constitute a fund for the use of the	3019
several counties for the purposes specified in division (C) of	3020
this section. The moneys shall be divided equally among all the	3021
counties in the state and shall be paid out by the registrar of	3022
motor vehicles in equal proportions to the county auditor of each	3023
county within the state.	3024

(C) Forty-seven per cent of all such moneys shall be for the	3025
use of the county in which the owner resides or in which the place	3026
is located at which the established business or branch business in	3027
connection with which the motor vehicle registered is used, for	3028
the planning, construction, reconstruction, improvement,	3029
maintenance, and repair of roads and highways; maintaining and	3030
repairing bridges and viaducts; and the payment of principal,	3031
interest, and charges on bonds and other obligations issued	3032
pursuant to Chapter 133. of the Revised Code or incurred pursuant	3033
to section 5531.09 of the Revised Code for the purpose of	3034
acquiring or constructing roads, highways, bridges, or viaducts or	3035
acquiring or making other highway improvements for which the board	3036
of county commissioners may issue bonds under such chapter.	3037

(D) Nine per cent of all such moneys shall be for the use of	3038
the several counties for the purposes specified in division (C) of	3039
this section and shall be distributed to the several counties in	3040
the ratio which the total number of miles of county roads under	3041
the jurisdiction of each board of county commissioners in each	3042
county bears to the total number of miles of county roads in the	3043
state, as determined by the director of transportation. Before	3044
such distribution is made each board of county commissioners shall	3045
certify in writing to the director the actual number of miles	3046
under its statutory jurisdiction which are used by and maintained	3047
for the public.	3048

(E) Five per cent of all such moneys shall be for the use of	3049
the several townships and shall be distributed to the several	3050
townships in the ratio which the total number of miles of township	3051
roads under the jurisdiction of each board of township trustees in	3052
each township bears to the total number of miles of township roads	3053
in the state, as determined by the director of transportation.	3054
Before such distribution is made each board of township trustees	3055
shall certify in writing to the director the actual number of	3056
miles under its statutory jurisdiction which are used by and	3057
maintained for the public.	3058

Sec. 4501.041. Except as provided in section 4501.042 of the	3059
Revised Code, all moneys received under section 4504.09 of the	3060
Revised Code with respect to counties levying county motor vehicle	3061
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	3062
the Revised Code and paid into the state treasury under section	3063
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	3064
respective counties levying such taxes for allocation and	3065
distribution as provided in section 4504.05 of the Revised Code.	3066

Sec. 4501.042. All moneys received under section 4504.09 of	3067
the Revised Code from municipal motor vehicle license taxes levied	3068
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	3069
Revised Code, and any part of the moneys received from county	3070
motor vehicle license taxes levied pursuant to section 4504.15 of	3071
the Revised Code which is to be distributed to municipal	3072
corporations, shall be paid ~~directly~~ into the state treasury to	3073
the credit of the local motor vehicle license tax fund created	3074
under section 4501.031 of the Revised Code and shall be	3075
distributed to the treasuries of the municipal corporations	3076
levying or entitled to such tax moneys.	3077

Sec. 4501.043. All moneys received under section 4504.09 of	3078
the Revised Code with respect to townships levying township	3079
license taxes pursuant to section 4504.18 of the Revised Code and	3080
paid into the state treasury under section ~~4501.03~~4501.031 of the	3081
Revised Code shall be distributed to the respective townships	3082
levying such taxes for allocation and distribution as provided in	3083
section 4504.19 of the Revised Code.	3084

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	3085
referred to in division (O) of section 4503.04, division (E) of	3086
section 4503.042, division (B) of section 4503.07, division (C)(1)	3087
of section 4503.10, division (D) of section 4503.182, division (A)	3088
of section 4503.19, division (D)(2) of section 4507.24, division	3089
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	3090
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	3091
of the Revised Code, and the taxes charged in section 4503.65 that	3092
are distributed in accordance with division (A)(2) of section	3093
4501.044 of the Revised Code unless otherwise designated by law,	3094
shall be deposited in the state treasury to the credit of the	3095
state highway safety fund, which is hereby created~~, and~~. Money	3096
credited to the fund shall, after receipt of certifications from	3097
the commissioners of the sinking fund certifying that there are	3098
sufficient moneys to the credit of the highway obligations bond	3099
retirement fund created by section 5528.32 of the Revised Code to	3100
meet in full all payments of interest, principal, and charges for	3101
the retirement of highway obligations issued pursuant to Section	3102
2i of Article VIII, Ohio Constitution, and sections 5528.30 and	3103
5528.31 of the Revised Code due and payable during the current	3104
calendar year, be used for the purpose of enforcing and paying the	3105
expenses of administering the law relative to the registration and	3106
operation of motor vehicles on the public roads or highways.	3107
Amounts credited to the fund may also be used to pay the expenses	3108
of administering and enforcing the laws under which such fees were	3109
collected. All investment earnings of the state highway safety	3110
fund shall be credited to the fund.	3111

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	3112
designate the county auditor in each county a deputy registrar. If	3113
the population of a county is forty thousand or less according to	3114
the last federal census and if the county auditor is designated by	3115
the registrar as a deputy registrar, no other person need be	3116
designated in the county to act as a deputy registrar.	3117

(b) The registrar may designate a clerk of a court of common	3118
pleas as a deputy registrar if the population of the county is	3119
forty thousand or less according to the last federal census. In a	3120
county with a population greater than forty thousand but not more	3121
than fifty thousand according to the last federal census, the	3122
clerk of a court of common pleas is eligible to act as a deputy	3123
registrar and may participate in the competitive selection process	3124
for the award of a deputy registrar contract by applying in the	3125
same manner as any other person. All fees collected and retained	3126
by a clerk for conducting deputy registrar services shall be paid	3127
into the county treasury to the credit of the certificate of title	3128
administration fund created under section 325.33 of the Revised	3129
Code.	3130

(c) In all other instances, the registrar shall contract with	3131
one or more other persons in each county to act as deputy	3132
registrars. Notwithstanding the county population restrictions in	3133
division (A)(1)(b) of this section, if no person applies to act	3134
under contract as a deputy registrar in a county and the county	3135
auditor is not designated as a deputy registrar, the registrar may	3136
ask the clerk of a court of common pleas to serve as the deputy	3137
registrar for that county.	3138

(2) Deputy registrars shall accept applications for the	3139
annual license tax for any vehicle not taxed under section 4503.63	3140
of the Revised Code and shall assign distinctive numbers in the	3141
same manner as the registrar. Such deputies shall be located in	3142
such locations in the county as the registrar sees fit. There	3143
shall be at least one deputy registrar in each county.	3144

Deputy registrar contracts are subject to the provisions of	3145
division (B) of section 125.081 of the Revised Code.	3146

(B) The registrar shall not contract with any person to act	3147
as a deputy registrar if the person or, where applicable, the	3148
person's spouse or a member of the person's immediate family has	3149
made, within the current calendar year or any one of the previous	3150
three calendar years, one or more contributions totaling in excess	3151
of one hundred dollars to any person or entity included in	3152
division (A)(2) of section 4503.033 of the Revised Code. As used	3153
in this division, "immediate family" has the same meaning as in	3154
division (D) of section 102.01 of the Revised Code, and "entity"	3155
includes any political party and any "continuing association" as	3156
defined in division (B)(4) of section 3517.01 of the Revised Code	3157
or "political action committee" as defined in division (B)(8) of	3158
that section that is primarily associated with that political	3159
party. For purposes of this division, contributions to any	3160
continuing association or any political action committee that is	3161
primarily associated with a political party shall be aggregated	3162
with contributions to that political party.	3163

The contribution limitations contained in this division do	3164
not apply to any county auditor or clerk of a court of common	3165
pleas. A county auditor or clerk of a court of common pleas is not	3166
required to file the disclosure statement or pay the filing fee	3167
required under section 4503.033 of the Revised Code. The	3168
limitations of this division also do not apply to a deputy	3169
registrar who, subsequent to being awarded a deputy registrar	3170
contract, is elected to an office of a political subdivision.	3171

The registrar shall not contract with either of the following	3172
to act as a deputy registrar:	3173

(1) Any elected public official other than a county auditor	3174
or, as authorized by division (A)(1)(b) of this section, a clerk	3175
of a court of common pleas, acting in an official capacity, except	3176
that, the registrar shall continue and may renew a contract with	3177
any deputy registrar who, subsequent to being awarded a deputy	3178
registrar contract, is elected to an office of a political	3179
subdivision;	3180

(2) Any person holding a current, valid contract to conduct	3181
motor vehicle inspections under section 3704.14 of the Revised	3182
Code.	3183

As used in division (B) of this section, "political	3184
subdivision" has the same meaning as in section 3501.01 of the	3185
Revised Code.	3186

(C)(1) Except as provided in division (C)(2) of this section,	3187
deputy registrars are independent contractors and neither they nor	3188
their employees are employees of this state, except that nothing	3189
in this section shall affect the status of county auditors or	3190
clerks of courts of common pleas as public officials, nor the	3191
status of their employees as employees of any of the counties of	3192
this state, which are political subdivisions of this state. Each	3193
deputy registrar shall be responsible for the payment of all	3194
unemployment compensation premiums, all workers' compensation	3195
premiums, social security contributions, and any and all taxes for	3196
which the deputy registrar is legally responsible. Each deputy	3197
registrar shall comply with all applicable federal, state, and	3198
local laws requiring the withholding of income taxes or other	3199
taxes from the compensation of the deputy registrar's employees.	3200
Each deputy registrar shall maintain during the entire term of the	3201
deputy registrar's contract a policy of business liability	3202
insurance satisfactory to the registrar and shall hold the	3203
department of public safety, the director of public safety, the	3204
bureau of motor vehicles, and the registrar harmless upon any and	3205
all claims for damages arising out of the operation of the deputy	3206
registrar agency.	3207

(2) For purposes of Chapter 4141. of the Revised Code,	3208
determinations concerning the employment of deputy registrars and	3209
their employees shall be made under Chapter 4141. of the Revised	3210
Code.	3211

(D)(1) With the approval of the director, the registrar shall	3212
adopt rules governing the terms of the contract between the	3213
registrar and each deputy registrar and specifications for the	3214
services to be performed. The rules shall include specifications	3215
relating to the amount of bond to be given as provided in this	3216
section; the size and location of the deputy's office; and the	3217
leasing of equipment necessary to conduct the vision screenings	3218
required under section 4507.12 of the Revised Code and training in	3219
the use of the equipment. The specifications shall permit and	3220
encourage every deputy registrar to inform the public of the	3221
location of the deputy registrar's office and hours of operation	3222
by means of public service announcements and allow any deputy	3223
registrar to advertise in regard to the operation of the deputy	3224
registrar's office. The rules also shall include specifications	3225
for the hours the deputy's office is to be open to the public and	3226
shall require as a minimum that one deputy's office in each county	3227
be open to the public for at least four hours each weekend,	3228
provided that if only one deputy's office is located within the	3229
boundary of the county seat, that office is the office that shall	3230
be open for the four-hour period each weekend~~, and that every~~	3231
~~deputy's office in each county shall be open to the public until~~	3232
~~six-thirty p.m. on at least one weeknight each week~~. The rules	3233
also shall include specifications providing that every deputy in	3234
each county, upon request, provide any person with information	3235
about the location and office hours of all deputy registrars in	3236
the county and that every deputy prominently display within the	3237
deputy's office, the toll-free telephone number of the bureau. The	3238
rules shall not prohibit the award of a deputy registrar contract	3239
to a nonprofit corporation formed under the laws of this state.	3240
The rules shall prohibit any deputy registrar from operating more	3241
than one such office at any time, except that the rules may permit	3242
a nonprofit corporation formed for the purposes of providing	3243
automobile-related services to its members or the public and that	3244
provides such services from more than one location in this state	3245
to operate a deputy registrar office at any such location,	3246
provided that the nonprofit corporation operates no more than one	3247
deputy registrar office in any one county. The rules may include	3248
such other specifications as the registrar and director consider	3249
necessary to provide a high level of service.	3250

The rules shall establish procedures for a deputy registrar	3251
who requests such authority to collect reinstatement fees under	3252
sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,	3253
4510.72, and 4511.191 of the Revised Code and to transmit the	3254
reinstatement fees and two dollars of the service fee collected	3255
under those sections. The registrar shall ensure that, not later	3256
than January 1, 2012, at least one deputy registrar in each county	3257
has the necessary equipment and is able to accept reinstatement	3258
fees. The registrar shall deposit the service fees received from a	3259
deputy registrar under those sections into the state bureau of	3260
motor vehicles fund created in section 4501.25 of the Revised Code	3261
and shall use the money for deputy registrar equipment necessary	3262
in connection with accepting reinstatement fees.	3263

(2) As a daily adjustment, the bureau of motor vehicles shall	3264
credit to a deputy registrar three dollars and fifty cents for	3265
each damaged license plate or validation sticker the deputy	3266
registrar replaces as a service to a member of the public.	3267

(3)(a) With the prior approval of the registrar, each deputy	3268
registrar may conduct at the location of the deputy registrar's	3269
office any business that is consistent with the functions of a	3270
deputy registrar and that is not specifically mandated or	3271
authorized by this or another chapter of the Revised Code or by	3272
implementing rules of the registrar.	3273

(b) In accordance with guidelines the director of public	3274
safety shall establish, a deputy registrar may operate or contract	3275
for the operation of a vending machine at a deputy registrar	3276
location if products of the vending machine are consistent with	3277
the functions of a deputy registrar.	3278

(c) A deputy registrar may enter into an agreement with the	3279
Ohio turnpike and infrastructure commission pursuant to division	3280
(A)(11) of section 5537.04 of the Revised Code for the purpose of	3281
allowing the general public to acquire from the deputy registrar	3282
the electronic toll collection devices that are used under the	3283
multi-jurisdiction electronic toll collection agreement between	3284
the Ohio turnpike and infrastructure commission and any other	3285
entities or agencies that participate in such an agreement. The	3286
approval of the registrar is not necessary if a deputy registrar	3287
engages in this activity.	3288

(4) As used in this section and in section 4507.01 of the	3289
Revised Code, "nonprofit corporation" has the same meaning as in	3290
section 1702.01 of the Revised Code.	3291

(E) Unless otherwise terminated and except for interim	3292
contracts of less than one year, contracts with deputy registrars	3293
shall be for a term of at least two years, but no more than three	3294
years, and all contracts effective on or after July 1, 1996, shall	3295
be for a term of more than two years, but not more than three	3296
years. All contracts with deputy registrars shall expire on the	3297
last Saturday of June in the year of their expiration. The auditor	3298
of state may examine the accounts, reports, systems, and other	3299
data of each deputy registrar at least every two years. The	3300
registrar, with the approval of the director, shall immediately	3301
remove a deputy who violates any provision of the Revised Code	3302
related to the duties as a deputy, any rule adopted by the	3303
registrar, or a term of the deputy's contract with the registrar.	3304
The registrar also may remove a deputy who, in the opinion of the	3305
registrar, has engaged in any conduct that is either unbecoming to	3306
one representing this state or is inconsistent with the efficient	3307
operation of the deputy's office.	3308

If the registrar, with the approval of the director,	3309
determines that there is good cause to believe that a deputy	3310
registrar or a person proposing for a deputy registrar contract	3311
has engaged in any conduct that would require the denial or	3312
termination of the deputy registrar contract, the registrar may	3313
require the production of books, records, and papers as the	3314
registrar determines are necessary, and may take the depositions	3315
of witnesses residing within or outside the state in the same	3316
manner as is prescribed by law for the taking of depositions in	3317
civil actions in the court of common pleas, and for that purpose	3318
the registrar may issue a subpoena for any witness or a subpoena	3319
duces tecum to compel the production of any books, records, or	3320
papers, directed to the sheriff of the county where the witness	3321
resides or is found. Such a subpoena shall be served and returned	3322
in the same manner as a subpoena in a criminal case is served and	3323
returned. The fees of the sheriff shall be the same as that	3324
allowed in the court of common pleas in criminal cases. Witnesses	3325
shall be paid the fees and mileage provided for under section	3326
119.094 of the Revised Code. The fees and mileage shall be paid	3327
from the fund in the state treasury for the use of the agency in	3328
the same manner as other expenses of the agency are paid.	3329

In any case of disobedience or neglect of any subpoena served	3330
on any person or the refusal of any witness to testify to any	3331
matter regarding which the witness lawfully may be interrogated,	3332
the court of common pleas of any county where the disobedience,	3333
neglect, or refusal occurs or any judge of that court, on	3334
application by the registrar, shall compel obedience by attachment	3335
proceedings for contempt, as in the case of disobedience of the	3336
requirements of a subpoena issued from that court, or a refusal to	3337
testify in that court.	3338

Nothing in this division shall be construed to require a	3339
hearing of any nature prior to the termination of any deputy	3340
registrar contract by the registrar, with the approval of the	3341
director, for cause.	3342

(F) Except as provided in section 2743.03 of the Revised	3343
Code, no court, other than the court of common pleas of Franklin	3344
county, has jurisdiction of any action against the department of	3345
public safety, the director, the bureau, or the registrar to	3346
restrain the exercise of any power or authority, or to entertain	3347
any action for declaratory judgment, in the selection and	3348
appointment of, or contracting with, deputy registrars. Neither	3349
the department, the director, the bureau, nor the registrar is	3350
liable in any action at law for damages sustained by any person	3351
because of any acts of the department, the director, the bureau,	3352
or the registrar, or of any employee of the department or bureau,	3353
in the performance of official duties in the selection and	3354
appointment of, and contracting with, deputy registrars.	3355

(G) The registrar shall assign to each deputy registrar a	3356
series of numbers sufficient to supply the demand at all times in	3357
the area the deputy registrar serves, and the registrar shall keep	3358
a record in the registrar's office of the numbers within the	3359
series assigned. Each deputy shall be required to give bond in the	3360
amount of at least twenty-five thousand dollars, or in such higher	3361
amount as the registrar determines necessary, based on a uniform	3362
schedule of bond amounts established by the registrar and	3363
determined by the volume of registrations handled by the deputy.	3364
The form of the bond shall be prescribed by the registrar. The	3365
bonds required of deputy registrars, in the discretion of the	3366
registrar, may be individual or schedule bonds or may be included	3367
in any blanket bond coverage carried by the department.	3368

(H) Each deputy registrar shall keep a file of each	3369
application received by the deputy and shall register that motor	3370
vehicle with the name and address of its owner.	3371

(I) Upon request, a deputy registrar shall make the physical	3372
inspection of a motor vehicle and issue the physical inspection	3373
certificate required in section 4505.061 of the Revised Code.	3374

(J) Each deputy registrar shall file a report ~~semi-annually~~	3375
semiannually with the registrar of motor vehicles listing the	3376
number of applicants for licenses the deputy has served, the	3377
number of voter registration applications the deputy has completed	3378
and transmitted to the board of elections, and the number of voter	3379
registration applications declined.	3380

Sec. 4503.04. Except as provided in sections 4503.042 and	3381
4503.65 of the Revised Code for the registration of commercial	3382
cars, trailers, semitrailers, and certain buses, the rates of the	3383
taxes imposed by section 4503.02 of the Revised Code shall be as	3384
follows:	3385

(A) For motor vehicles having three wheels or less, the	3386
license tax is:	3387

(1) For each motorized bicycle, ten dollars;

3388

(2) For each motorcycle, fourteen dollars.

3389

(B) For each passenger car, twenty dollars;

3390

(C) For each manufactured home, each mobile home, and each	3391
travel trailer, ten dollars;	3392

(D) For each noncommercial motor vehicle designed by the	3393
manufacturer to carry a load of no more than three-quarters of one	3394
ton and for each motor home, thirty-five dollars; for each	3395
noncommercial motor vehicle designed by the manufacturer to carry	3396
a load of more than three-quarters of one ton, but not more than	3397
one ton, seventy dollars;	3398

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

3399

(1) Eighty-five cents for each one hundred pounds or part	3400
thereof for the first two thousand pounds or part thereof of	3401
weight of vehicle fully equipped;	3402

(2) One dollar and forty cents for each one hundred pounds or	3403
part thereof in excess of two thousand pounds up to and including	3404
ten thousand pounds.	3405

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

3406

(1) Vehicle equipped, owned, and used by a charitable or	3407
nonprofit corporation exclusively for the purpose of administering	3408
chest x-rays or receiving blood donations;	3409

(2) Van used principally for the transportation of	3410
handicapped persons that has been modified by being equipped with	3411
adaptive equipment to facilitate the movement of such persons into	3412
and out of the van;	3413

(3) Bus used principally for the transportation of	3414
handicapped persons or persons sixty-five years of age or older.	3415

(G) Notwithstanding its weight, twenty dollars for any bus	3416
used principally for the transportation of persons in a	3417
ridesharing arrangement.	3418

(H) For each transit bus having motor power the license tax	3419
is twelve dollars.	3420

"Transit bus" means either a motor vehicle having a seating	3421
capacity of more than seven persons which is operated and used by	3422
any person in the rendition of a public mass transportation	3423
service primarily in a municipal corporation or municipal	3424
corporations and provided at least seventy-five per cent of the	3425
annual mileage of such service and use is within such municipal	3426
corporation or municipal corporations or a motor vehicle having a	3427
seating capacity of more than seven persons which is operated	3428
solely for the transportation of persons associated with a	3429
charitable or nonprofit corporation, but does not mean any motor	3430
vehicle having a seating capacity of more than seven persons when	3431
such vehicle is used in a ridesharing capacity or any bus	3432
described by division (F)(3) of this section.	3433

The application for registration of such transit bus shall be	3434
accompanied by an affidavit prescribed by the registrar of motor	3435
vehicles and signed by the person or an agent of the firm or	3436
corporation operating such bus stating that the bus has a seating	3437
capacity of more than seven persons, and that it is either to be	3438
operated and used in the rendition of a public mass transportation	3439
service and that at least seventy-five per cent of the annual	3440
mileage of such operation and use shall be within one or more	3441
municipal corporations or that it is to be operated solely for the	3442
transportation of persons associated with a charitable or	3443
nonprofit corporation.	3444

The form of the license plate, and the manner of its	3445
attachment to the vehicle, shall be prescribed by the registrar of	3446
motor vehicles.	3447

(I) The minimum tax for any vehicle having motor power other	3448
than a farm truck, a motorized bicycle, or motorcycle is ten	3449
dollars and eighty cents, and for each noncommercial trailer, five	3450
dollars.	3451

(J)(1) Except as otherwise provided in division (J) of this	3452
section, for each farm truck, except a noncommercial motor	3453
vehicle, that is owned, controlled, or operated by one or more	3454
farmers exclusively in farm use as defined in this section, and	3455
not for commercial purposes, and provided that at least	3456
seventy-five per cent of such farm use is by or for the one or	3457
more owners, controllers, or operators of the farm in the	3458
operation of which a farm truck is used, the license tax is five	3459
dollars plus:	3460

(a) Fifty cents per one hundred pounds or part thereof for	3461
the first three thousand pounds;	3462

(b) Seventy cents per one hundred pounds or part thereof in	3463
excess of three thousand pounds up to and including four thousand	3464
pounds;	3465

(c) Ninety cents per one hundred pounds or part thereof in	3466
excess of four thousand pounds up to and including six thousand	3467
pounds;	3468

(d) Two dollars for each one hundred pounds or part thereof	3469
in excess of six thousand pounds up to and including ten thousand	3470
pounds;	3471

(e) Two dollars and twenty-five cents for each one hundred	3472
pounds or part thereof in excess of ten thousand pounds;	3473

(f) The minimum license tax for any farm truck shall be	3474
twelve dollars.	3475

(2) The owner of a farm truck may register the truck for a	3476
period of one-half year by paying one-half the registration tax	3477
imposed on the truck under this chapter and one-half the amount of	3478
any tax imposed on the truck under Chapter 4504. of the Revised	3479
Code.	3480

(3) A farm bus may be registered for a period of ~~ninety~~two	3481
hundred ten days from the date of issue of the license plates for	3482
the bus, for a fee of ten dollars, provided such license plates	3483
shall not be issued for more than ~~any two ninety-day periods~~one	3484
such period in any calendar year. Such use does not include the	3485
operation of trucks by commercial processors of agricultural	3486
products.	3487

(4) License plates for farm trucks and for farm buses shall	3488
have some distinguishing marks, letters, colors, or other	3489
characteristics to be determined by the director of public safety.	3490

(5) Every person registering a farm truck or bus under this	3491
section shall furnish an affidavit certifying that the truck or	3492
bus licensed to that person is to be so used as to meet the	3493
requirements necessary for the farm truck or farm bus	3494
classification.	3495

Any farmer may use a truck owned by the farmer for commercial	3496
purposes by paying the difference between the commercial truck	3497
registration fee and the farm truck registration fee for the	3498
remaining part of the registration period for which the truck is	3499
registered. Such remainder shall be calculated from the beginning	3500
of the semiannual period in which application for such commercial	3501
license is made.	3502

Taxes at the rates provided in this section are in lieu of	3503
all taxes on or with respect to the ownership of such motor	3504
vehicles, except as provided in section 4503.042 and section	3505
4503.06 of the Revised Code.	3506

(K) Other than trucks registered under the international	3507
registration plan in another jurisdiction and for which this state	3508
has received an apportioned registration fee, the license tax for	3509
each truck which is owned, controlled, or operated by a	3510
nonresident, and licensed in another state, and which is used	3511
exclusively for the transportation of nonprocessed agricultural	3512
products intrastate, from the place of production to the place of	3513
processing, is twenty-four dollars.	3514

"Truck," as used in this division, means any pickup truck,	3515
straight truck, semitrailer, or trailer other than a travel	3516
trailer. Nonprocessed agricultural products, as used in this	3517
division, does not include livestock or grain.	3518

A license issued under this division shall be issued for a	3519
period of one hundred thirty days in the same manner in which all	3520
other licenses are issued under this section, provided that no	3521
truck shall be so licensed for more than one	3522
one-hundred-thirty-day period during any calendar year.	3523

The license issued pursuant to this division shall consist of	3524
a windshield decal to be designed by the director of public	3525
safety.	3526

Every person registering a truck under this division shall	3527
furnish an affidavit certifying that the truck licensed to the	3528
person is to be used exclusively for the purposes specified in	3529
this division.	3530

(L) Every person registering a motor vehicle as a	3531
noncommercial motor vehicle as defined in section 4501.01 of the	3532
Revised Code, or registering a trailer as a noncommercial trailer	3533
as defined in that section, shall furnish an affidavit certifying	3534
that the motor vehicle or trailer so licensed to the person is to	3535
be so used as to meet the requirements necessary for the	3536
noncommercial vehicle classification.	3537

(M) Every person registering a van or bus as provided in	3538
divisions (F)(2) and (3) of this section shall furnish a notarized	3539
statement certifying that the van or bus licensed to the person is	3540
to be used for the purposes specified in those divisions. The form	3541
of the license plate issued for such motor vehicles shall be	3542
prescribed by the registrar.	3543

(N) Every person registering as a passenger car a motor	3544
vehicle designed and used for carrying more than nine but not more	3545
than fifteen passengers, and every person registering a bus as	3546
provided in division (G) of this section, shall furnish an	3547
affidavit certifying that the vehicle so licensed to the person is	3548
to be used in a ridesharing arrangement and that the person will	3549
have in effect whenever the vehicle is used in a ridesharing	3550
arrangement a policy of liability insurance with respect to the	3551
motor vehicle in amounts and coverages no less than those required	3552
by section 4509.79 of the Revised Code. The form of the license	3553
plate issued for such a motor vehicle shall be prescribed by the	3554
registrar.	3555

(O)(1) Commencing on October 1, 2009, if an application for	3556
registration renewal is not applied for prior to the expiration	3557
date of the registration or within ~~seven~~thirty days after that	3558
date, the registrar or deputy registrar shall collect a fee of	3559
~~twenty~~ten dollars for the issuance of the vehicle registration.	3560
For any motor vehicle that is used on a seasonal basis, whether	3561
used for general transportation or not, and that has not been used	3562
on the public roads or highways since the expiration of the	3563
registration, the registrar or deputy registrar shall waive the	3564
fee established under this division if the application is	3565
accompanied by supporting evidence of seasonal use as the	3566
registrar may require. The registrar or deputy registrar may waive	3567
the fee for other good cause shown if the application is	3568
accompanied by supporting evidence as the registrar may require.	3569
The fee shall be in addition to all other fees established by this	3570
section. A deputy registrar shall retain fifty cents of the fee	3571
and shall transmit the remaining amount to the registrar at the	3572
time and in the manner provided by section 4503.10 of the Revised	3573
Code. The registrar shall deposit all moneys received under this	3574
division into the state highway safety fund established in section	3575
4501.06 of the Revised Code.	3576

(2) Division (O)(1) of this section does not apply to a farm	3577
truck or farm bus registered under division (J) of this section.	3578

(P) As used in this section:

3579

(1) "Van" means any motor vehicle having a single rear axle	3580
and an enclosed body without a second seat.	3581

(2) "Handicapped person" means any person who has lost the	3582
use of one or both legs, or one or both arms, or is blind, deaf,	3583
or so severely disabled as to be unable to move about without the	3584
aid of crutches or a wheelchair.	3585

(3) "Farm truck" means a truck used in the transportation	3586
from the farm of products of the farm, including livestock and its	3587
products, poultry and its products, floricultural and	3588
horticultural products, and in the transportation to the farm of	3589
supplies for the farm, including tile, fence, and every other	3590
thing or commodity used in agricultural, floricultural,	3591
horticultural, livestock, and poultry production and livestock,	3592
poultry, and other animals and things used for breeding, feeding,	3593
or other purposes connected with the operation of the farm.	3594

(4) "Farm bus" means a bus used only for the transportation	3595
of agricultural employees and used only in the transportation of	3596
such employees as are necessary in the operation of the farm.	3597

(5) "Farm supplies" includes fuel used exclusively in the	3598
operation of a farm, including one or more homes located on and	3599
used in the operation of one or more farms, and furniture and	3600
other things used in and around such homes.	3601

Sec. 4503.042. The registrar of motor vehicles shall adopt	3602
rules establishing the date, subsequent to this state's entry into	3603
membership in the international registration plan, when the rates	3604
established by this section become operative.	3605

(A) The rates of the taxes imposed by section 4503.02 of the	3606
Revised Code are as follows for commercial cars having a gross	3607
vehicle weight or combined gross vehicle weight of:	3608

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

3609

(2) More than two thousand but not more than six thousand	3610
pounds, seventy dollars;	3611

(3) More than six thousand but not more than ten thousand	3612
pounds, eighty-five dollars;	3613

(4) More than ten thousand but not more than fourteen	3614
thousand pounds, one hundred five dollars;	3615

(5) More than fourteen thousand but not more than eighteen	3616
thousand pounds, one hundred twenty-five dollars;	3617

(6) More than eighteen thousand but not more than twenty-two	3618
thousand pounds, one hundred fifty dollars;	3619

(7) More than twenty-two thousand but not more than	3620
twenty-six thousand pounds, one hundred seventy-five dollars;	3621

(8) More than twenty-six thousand but not more than thirty	3622
thousand pounds, three hundred fifty-five dollars;	3623

(9) More than thirty thousand but not more than thirty-four	3624
thousand pounds, four hundred twenty dollars;	3625

(10) More than thirty-four thousand but not more than	3626
thirty-eight thousand pounds, four hundred eighty dollars;	3627

(11) More than thirty-eight thousand but not more than	3628
forty-two thousand pounds, five hundred forty dollars;	3629

(12) More than forty-two thousand but not more than forty-six	3630
thousand pounds, six hundred dollars;	3631

(13) More than forty-six thousand but not more than fifty	3632
thousand pounds, six hundred sixty dollars;	3633

(14) More than fifty thousand but not more than fifty-four	3634
thousand pounds, seven hundred twenty-five dollars;	3635

(15) More than fifty-four thousand but not more than	3636
fifty-eight thousand pounds, seven hundred eighty-five dollars;	3637

(16) More than fifty-eight thousand but not more than	3638
sixty-two thousand pounds, eight hundred fifty-five dollars;	3639

(17) More than sixty-two thousand but not more than sixty-six	3640
thousand pounds, nine hundred twenty-five dollars;	3641

(18) More than sixty-six thousand but not more than seventy	3642
thousand pounds, nine hundred ninety-five dollars;	3643

(19) More than seventy thousand but not more than	3644
seventy-four thousand pounds, one thousand eighty dollars;	3645

(20) More than seventy-four thousand but not more than	3646
seventy-eight thousand pounds, one thousand two hundred dollars;	3647

(21) More than seventy-eight thousand pounds, one thousand	3648
three hundred forty dollars.	3649

(B) The rates of the taxes imposed by section 4503.02 of the	3650
Revised Code are as follows for buses having a gross vehicle	3651
weight or combined gross vehicle weight of:	3652

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

3653

(2) More than two thousand but not more than six thousand	3654
pounds, forty dollars;	3655

(3) More than six thousand but not more than ten thousand	3656
pounds, one hundred dollars;	3657

(4) More than ten thousand but not more than fourteen	3658
thousand pounds, one hundred eighty dollars;	3659

(5) More than fourteen thousand but not more than eighteen	3660
thousand pounds, two hundred sixty dollars;	3661

(6) More than eighteen thousand but not more than twenty-two	3662
thousand pounds, three hundred forty dollars;	3663

(7) More than twenty-two thousand but not more than	3664
twenty-six thousand pounds, four hundred twenty dollars;	3665

(8) More than twenty-six thousand but not more than thirty	3666
thousand pounds, five hundred dollars;	3667

(9) More than thirty thousand but not more than thirty-four	3668
thousand pounds, five hundred eighty dollars;	3669

(10) More than thirty-four thousand but not more than	3670
thirty-eight thousand pounds, six hundred sixty dollars;	3671

(11) More than thirty-eight thousand but not more than	3672
forty-two thousand pounds, seven hundred forty dollars;	3673

(12) More than forty-two thousand but not more than forty-six	3674
thousand pounds, eight hundred twenty dollars;	3675

(13) More than forty-six thousand but not more than fifty	3676
thousand pounds, nine hundred forty dollars;	3677

(14) More than fifty thousand but not more than fifty-four	3678
thousand pounds, one thousand dollars;	3679

(15) More than fifty-four thousand but not more than	3680
fifty-eight thousand pounds, one thousand ninety dollars;	3681

(16) More than fifty-eight thousand but not more than	3682
sixty-two thousand pounds, one thousand one hundred eighty	3683
dollars;	3684

(17) More than sixty-two thousand but not more than sixty-six	3685
thousand pounds, one thousand two hundred seventy dollars;	3686

(18) More than sixty-six thousand but not more than seventy	3687
thousand pounds, one thousand three hundred sixty dollars;	3688

(19) More than seventy thousand but not more than	3689
seventy-four thousand pounds, one thousand four hundred fifty	3690
dollars;	3691

(20) More than seventy-four thousand but not more than	3692
seventy-eight thousand pounds, one thousand five hundred forty	3693
dollars;	3694

(21) More than seventy-eight thousand pounds, one thousand	3695
six hundred thirty dollars.	3696

(C) In addition to the license taxes imposed at the rates	3697
specified in divisions (A) and (B) of this section, an	3698
administrative fee of three dollars and fifty cents, plus an	3699
appropriate amount to cover the cost of postage, shall be	3700
collected by the registrar for each international registration	3701
plan license processed by the registrar.	3702

(D) The rate of the tax for each trailer and semitrailer is	3703
twenty-five dollars.	3704

(E) Commencing on October 1, 2009, if an application for	3705
registration renewal is not applied for prior to the expiration	3706
date of the registration or within ~~seven~~thirty days after that	3707
date, the registrar or deputy registrar shall collect a fee of	3708
~~twenty~~ten dollars for the issuance of the vehicle registration,	3709
but may waive the fee for good cause shown if the application is	3710
accompanied by supporting evidence as the registrar may require.	3711
The fee shall be in addition to all other fees established by this	3712
section. A deputy registrar shall retain fifty cents of the fee	3713
and shall transmit the remaining amount to the registrar at the	3714
time and in the manner provided by section 4503.10 of the Revised	3715
Code. The registrar shall deposit all moneys received under this	3716
division into the state highway safety fund established in section	3717
4501.06 of the Revised Code.	3718

(F) The rates established by this section shall not apply to	3719
any of the following:	3720

(1) Vehicles equipped, owned, and used by a charitable or	3721
nonprofit corporation exclusively for the purpose of administering	3722
chest x-rays or receiving blood donations;	3723

(2) Vans used principally for the transportation of	3724
handicapped persons that have been modified by being equipped with	3725
adaptive equipment to facilitate the movement of such persons into	3726
and out of the vans;	3727

(3) Buses used principally for the transportation of	3728
handicapped persons or persons sixty-five years of age or older;	3729

(4) Buses used principally for the transportation of persons	3730
in a ridesharing arrangement;	3731

(5) Transit buses having motor power;

3732

(6) Noncommercial trailers, mobile homes, or manufactured	3733
homes.	3734

Sec. 4503.07. (A) In lieu of the schedule of rates for	3735
commercial cars fixed in section 4503.04 of the Revised Code, the	3736
fee shall be ten dollars for each church bus used exclusively to	3737
transport members of a church congregation to and from church	3738
services or church functions or to transport children and their	3739
authorized supervisors to and from any camping function sponsored	3740
by a nonprofit, tax-exempt, charitable or philanthropic	3741
organization. A church within the meaning of this section is an	3742
organized religious group, duly constituted with officers and a	3743
board of trustees, regularly holding religious services, and	3744
presided over or administered to by a properly accredited	3745
ecclesiastical officer, whose name and standing is published in	3746
the official publication of the officer's religious group.	3747

(B) Commencing on October 1, 2009, if an application for	3748
registration renewal is not applied for prior to the expiration	3749
date of the registration or within ~~seven~~thirty days after that	3750
date, the registrar or deputy registrar shall collect a fee of	3751
~~twenty~~ten dollars for the issuance of the vehicle registration,	3752
but may waive the fee for good cause shown if the application is	3753
accompanied by supporting evidence as the registrar may require.	3754
The fee shall be in addition to all other fees established by this	3755
section. A deputy registrar shall retain fifty cents of the fee	3756
and shall transmit the remaining amount to the registrar at the	3757
time and in the manner provided by section 4503.10 of the Revised	3758
Code. The registrar shall deposit all moneys received under this	3759
division into the state highway safety fund established in section	3760
4501.06 of the Revised Code.	3761

(C) The application for registration of such bus shall be	3762
accompanied by the following, as applicable:	3763

(1) An affidavit, prescribed by the registrar of motor	3764
vehicles and signed by either the senior pastor, minister, priest,	3765
or rabbi of the church making application or by the head of the	3766
governing body of the church making application, stating that the	3767
bus is to be used exclusively to transport members of a church	3768
congregation to and from church services or church functions or to	3769
transport children and their authorized supervisors to and from	3770
any camping function sponsored by a nonprofit, tax-exempt,	3771
charitable, or philanthropic organization;	3772

(2) A certificate from the state highway patrol stating that	3773
the bus involved is safe for operation in accordance with such	3774
standards as are prescribed by the state highway patrol if the bus	3775
meets either of the following:	3776

(a) It originally was designed by the manufacturer to	3777
transport sixteen or more passengers, including the driver;	3778

(b) It has a gross vehicle weight rating of ten thousand one	3779
pounds or more.	3780

(D) The form of the license plate and the manner of its	3781
attachment to the vehicle shall be prescribed by the registrar.	3782

Sec. 4503.103. (A)(1)~~(a)(i)~~ The registrar of motor vehicles	3783
may adopt rules to permit any person or lessee, other than a	3784
person receiving an apportioned license plate under the	3785
international registration plan, who owns or leases one or more	3786
motor vehicles to file a written application for registration for	3787
no more than five succeeding registration years. The rules adopted	3788
by the registrar may designate the classes of motor vehicles that	3789
are eligible for such registration. At the time of application,	3790
all annual taxes and fees shall be paid for each year for which	3791
the person is registering.	3792

~~(ii)~~(2)(a) Not later than ~~October 1, 2009~~December 31, 2013,	3793
the registrar shall adopt rules to permit any person or lessee who	3794
owns or leases a trailer or semitrailer that is subject to the tax	3795
rates prescribed in section 4503.042 of the Revised Code for such	3796
trailers or semitrailers to file a written application for	3797
registration for ~~not more than five~~any number of succeeding	3798
registration years, including a permanent registration. At the	3799
time of application, all annual taxes and fees shall be paid for	3800
each year for which the person is registering, provided that the	3801
annual taxes due, regardless of the number of years for which the	3802
person is registering, shall not exceed two hundred dollars. A	3803
person who registers a vehicle under division (A)~~(1)(a)(ii)~~(2) of	3804
this section shall pay for each year of registration the	3805
additional fee established under division (C)(1) of section	3806
4503.10 of the Revised Code, provided that the additional fee due,	3807
regardless of the number of years for which the person is	3808
registering, shall not exceed eighty-eight dollars. The person	3809
also shall pay one single deputy registrar service fee in the	3810
amount specified in division (D) of section 4503.10 of the Revised	3811
Code or one single bureau of motor vehicles service fee in the	3812
amount specified in division (G) of that section, as applicable,	3813
regardless of the number of years for which the person is	3814
registering.	3815

(b) In addition, each person registering a trailer or	3816
semitrailer under division (A)(2)(a) of this section shall pay any	3817
applicable local motor vehicle license tax levied under Chapter	3818
4504. of Revised Code for each year for which the person is	3819
registering, provided that not more than eight times any such	3820
annual local taxes shall be due upon registration.	3821

(c) The period of registration for a trailer or semitrailer	3822
registered under division (A)(2)(a) of this section is exclusive	3823
to the trailer or semitrailer for which that certificate of	3824
registration is issued and is not transferable to any other	3825
trailer or semitrailer.	3826

~~(b)(i)~~(3) Except as provided in division (A)~~(1)(b)(ii)~~(4) of	3827
this section, the registrar shall adopt rules to permit any person	3828
who owns a motor vehicle to file an application for registration	3829
for ~~the next two~~not more than five succeeding registration years.	3830
At the time of application, the person shall pay the annual taxes	3831
and fees for each registration year, calculated in accordance with	3832
division (C) of section 4503.11 of the Revised Code. A person who	3833
is registering a vehicle under division (A)~~(1)(b)~~(3) of this	3834
section shall pay for each year of registration the additional fee	3835
established under division (C)(1) of section 4503.10 of the	3836
Revised Code. The person shall also pay ~~one and one-half times the~~	3837
~~amount of~~ the deputy registrar service fee ~~specified in division~~	3838
~~(D) of section 4503.10 of the Revised Code~~ or the bureau of motor	3839
vehicles service fee ~~specified in division (G) of that section~~, as	3840
~~applicable~~follows:	3841

(a) For a two-year registration, the service fee is five	3842
dollars and twenty-five cents.	3843

(b) For a three-year registration, the service fee is eight	3844
dollars.	3845

(c) For a four- or five-year registration, the service fee is	3846
ten dollars.	3847

~~(ii)~~(4) Division (A)~~(1)(b)(i)~~(3) of this section does not	3848
apply to a person receiving an apportioned license plate under the	3849
international registration plan, or the owner of a commercial car	3850
used solely in intrastate commerce, or the owner of a bus as	3851
defined in section 4513.50 of the Revised Code.	3852

~~(2)~~(B) No person applying for a multi-year registration under	3853
division (A)~~(1)~~ of this section is entitled to a refund of any	3854
taxes or fees paid.	3855

~~(3)~~(C) The registrar shall not issue to any applicant who has	3856
been issued a final, nonappealable order under division ~~(B)~~(D) of	3857
this section a multi-year registration or renewal thereof under	3858
this division or rules adopted under it for any motor vehicle that	3859
is required to be inspected under section 3704.14 of the Revised	3860
Code the district of registration of which, as determined under	3861
section 4503.10 of the Revised Code, is or is located in the	3862
county named in the order.	3863

~~(B)~~(D) Upon receipt from the director of environmental	3864
protection of a notice issued under rules adopted under section	3865
3704.14 of the Revised Code indicating that an owner of a motor	3866
vehicle that is required to be inspected under that section who	3867
obtained a multi-year registration for the vehicle under division	3868
(A) of this section or rules adopted under that division has not	3869
obtained a required inspection certificate for the vehicle, the	3870
registrar in accordance with Chapter 119. of the Revised Code	3871
shall issue an order to the owner impounding the certificate of	3872
registration and identification license plates for the vehicle.	3873
The order also shall prohibit the owner from obtaining or renewing	3874
a multi-year registration for any vehicle that is required to be	3875
inspected under that section, the district of registration of	3876
which is or is located in the same county as the county named in	3877
the order during the number of years after expiration of the	3878
current multi-year registration that equals the number of years	3879
for which the current multi-year registration was issued.	3880

An order issued under this division shall require the owner	3881
to surrender to the registrar the certificate of registration and	3882
license plates for the vehicle named in the order within five days	3883
after its issuance. If the owner fails to do so within that time,	3884
the registrar shall certify that fact to the county sheriff or	3885
local police officials who shall recover the certificate of	3886
registration and license plates for the vehicle.	3887

~~(C)~~(E) Upon the occurrence of either of the following	3888
circumstances, the registrar in accordance with Chapter 119. of	3889
the Revised Code shall issue to the owner a modified order	3890
rescinding the provisions of the order issued under division	3891
~~(B)~~(D) of this section impounding the certificate of registration	3892
and license plates for the vehicle named in that original order:	3893

(1) Receipt from the director of environmental protection of	3894
a subsequent notice under rules adopted under section 3704.14 of	3895
the Revised Code that the owner has obtained the inspection	3896
certificate for the vehicle as required under those rules;	3897

(2) Presentation to the registrar by the owner of the	3898
required inspection certificate for the vehicle.	3899

~~(D)~~(F) The owner of a motor vehicle for which the certificate	3900
of registration and license plates have been impounded pursuant to	3901
an order issued under division ~~(B)~~(D) of this section, upon	3902
issuance of a modified order under division ~~(C)~~(E) of this	3903
section, may apply to the registrar for their return. A fee of two	3904
dollars and fifty cents shall be charged for the return of the	3905
certificate of registration and license plates for each vehicle	3906
named in the application.	3907

Sec. 4503.11. (A) Except as provided by sections 4503.103,	3908
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	3909
person who is the owner or chauffeur of a motor vehicle operated	3910
or driven upon the public roads or highways shall fail to file	3911
annually the application for registration or to pay the tax	3912
therefor.	3913

(B) Except as provided by sections 4503.12 and 4503.16 of the	3914
Revised Code, the taxes payable on all applications made under	3915
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	3916
of the tax due under division (B)(1)(a) or (b) of this section	3917
plus the tax due under division (B)(2)(a) or (b) of this section:	3918

(1)(a) If the application is made before the second month of	3919
the current registration period to which the motor vehicle is	3920
assigned as provided in section 4503.101 of the Revised Code, the	3921
tax due is the full amount of the tax provided in section 4503.04	3922
of the Revised Code;	3923

(b) If the application is made during or after the second	3924
month of the current registration period to which the motor	3925
vehicle is assigned as provided in section 4503.101 of the Revised	3926
Code, and prior to the beginning of the next such registration	3927
period, the amount of the tax provided in section 4503.04 of the	3928
Revised Code shall be reduced by one-twelfth of the amount of such	3929
tax, rounded upward to the nearest cent, multiplied by the number	3930
of full months that have elapsed in the current registration	3931
period. The resulting amount shall be rounded upward to the next	3932
highest dollar and shall be the amount of tax due.	3933

(2)(a) If the application is made before the sixth month of	3934
the current registration period to which the motor vehicle is	3935
assigned as provided in section 4503.101 of the Revised Code, the	3936
amount of tax due is the full amount of local motor vehicle	3937
license taxes levied under Chapter 4504. of the Revised Code;	3938

(b) If the application is made during or after the sixth	3939
month of the current registration period to which the motor	3940
vehicle is assigned as provided in section 4503.101 of the Revised	3941
Code and prior to the beginning of the next such registration	3942
period, the amount of tax due is one-half of the amount of local	3943
motor vehicle license taxes levied under Chapter 4504. of the	3944
Revised Code.	3945

(C) The taxes payable on all applications made under division	3946
(A)~~(1)(b)~~(3) of section 4503.103 of the Revised Code shall be the	3947
sum of the tax due under division (B)(1)(a) or (b) of this section	3948
plus the tax due under division (B)(2)(a) or (b) of this section	3949
for the first year plus the full amount of the tax provided in	3950
section 4503.04 of the Revised Code and the full amount of local	3951
motor vehicle license taxes levied under Chapter 4504. of the	3952
Revised Code for ~~the second~~each succeeding year.	3953

(D) Whoever violates this section is guilty of a misdemeanor	3954
of the fourth degree.	3955

Sec. 4503.19. (A) Upon the filing of an application for	3956
registration and the payment of the tax for registration, the	3957
registrar of motor vehicles or a deputy registrar shall determine	3958
whether the owner previously has been issued license plates for	3959
the motor vehicle described in the application. If no license	3960
plates previously have been issued to the owner for that motor	3961
vehicle, the registrar or deputy registrar shall assign to the	3962
motor vehicle a distinctive number and issue and deliver to the	3963
owner in the manner that the registrar may select a certificate of	3964
registration, in the form that the registrar shall prescribe, and,	3965
except as otherwise provided in this section, two license plates,	3966
duplicates of each other, and a validation sticker, or a	3967
validation sticker alone, to be attached to the number plates as	3968
provided in section 4503.191 of the Revised Code. The registrar or	3969
deputy registrar also shall charge the owner any fees required	3970
under division (C) of section 4503.10 of the Revised Code.	3971
Trailers, manufactured homes, mobile homes, semitrailers, the	3972
manufacturer thereof, the dealer, or in transit companies therein,	3973
shall be issued one license plate only and one validation sticker,	3974
or a validation sticker alone, and the license plate and	3975
validation sticker shall be displayed only on the rear of such	3976
vehicles. A commercial tractor that does not receive an	3977
apportioned license plate under the international registration	3978
plan shall be issued two license plates and one validation	3979
sticker, and the validation sticker shall be displayed on the	3980
front of the commercial tractor. An apportioned vehicle receiving	3981
an apportioned license plate under the international registration	3982
plan shall be issued one license plate only and one validation	3983
sticker, or a validation sticker alone; the license plate shall be	3984
displayed only on the front of a semitractor and on the rear of	3985
all other vehicles. School buses shall not be issued license	3986
plates but shall bear identifying numbers in the manner prescribed	3987
by section 4511.764 of the Revised Code. The certificate of	3988
registration and license plates and validation stickers, or	3989
validation stickers alone, shall be issued and delivered to the	3990
owner in person or by mail. Chauffeured limousines shall be issued	3991
license plates, a validation sticker, and a livery sticker as	3992
provided in section 4503.24 of the Revised Code. In the event of	3993
the loss, mutilation, or destruction of any certificate of	3994
registration, or of any license plates or validation stickers, or	3995
if the owner chooses to replace license plates previously issued	3996
for a motor vehicle, or if the registration certificate and	3997
license plates have been impounded as provided by division (B)(1)	3998
of section 4507.02 and section 4507.16 of the Revised Code, the	3999
owner of a motor vehicle, or manufacturer or dealer, may obtain	4000
from the registrar, or from a deputy registrar if authorized by	4001
the registrar, a duplicate thereof or new license plates bearing a	4002
different number, if the registrar considers it advisable, upon	4003
filing an application prescribed by the registrar, and upon paying	4004
a fee of one dollar for such certificate of registration, which	4005
one dollar fee shall be deposited into the state treasury to the	4006
credit of the state bureau of motor vehicles fund created in	4007
section 4501.25 of the Revised Code. Commencing with each request	4008
made on or after October 1, 2009, or in conjunction with	4009
replacement license plates issued for renewal registrations	4010
expiring on or after October 1, 2009, a fee of seven dollars and	4011
fifty cents for each set of two license plates or six dollars and	4012
fifty cents for each single license plate or validation sticker	4013
shall be charged and collected, of which the registrar shall	4014
deposit five dollars and fifty cents of each seven dollar and	4015
fifty cent fee or each six dollar and fifty cent fee into the	4016
state treasury to the credit of the state highway safety fund	4017
created in section 4501.06 of the Revised Code and the remaining	4018
portion of each such fee into the state treasury to the credit of	4019
the state bureau of motor vehicles fund created in section 4501.25	4020
of the Revised Code. In addition, each applicant for a replacement	4021
certificate of registration, license plate, or validation sticker	4022
shall pay the fees provided in divisions (C) and (D) of section	4023
4503.10 of the Revised Code and any applicable fee under section	4024
4503.192 of the Revised Code.	4025

Additionally, the registrar and each deputy registrar who	4026
either issues license plates and a validation sticker for use on	4027
any vehicle other than a commercial tractor, semitrailer, or	4028
apportioned vehicle, or who issues a validation sticker alone for	4029
use on such a vehicle and the owner has changed the owner's county	4030
of residence since the owner last was issued county identification	4031
stickers, also shall issue and deliver to the owner either one or	4032
two county identification stickers, as appropriate, which shall be	4033
attached to the license plates in a manner prescribed by the	4034
director of public safety. The county identification stickers	4035
shall identify prominently by name or number the county in which	4036
the owner of the vehicle resides at the time of registration.	4037

(B) A certificate of registration issued under this section	4038
shall have a portion that contains all the information contained	4039
in the main portion of the certificate except for the address of	4040
the person to whom the certificate is issued. Except as provided	4041
in this division, whenever a reference is made in the Revised Code	4042
to a motor vehicle certificate of registration that is issued	4043
under this section, the reference shall be deemed to refer to	4044
either the main portion of the certificate or the portion	4045
containing all information in the main portion except the address	4046
of the person to whom the certificate is issued. If a reference is	4047
made in the Revised Code to the seizure or surrender of a motor	4048
vehicle certificate of registration that is issued under this	4049
section, the reference shall be deemed to refer to both the main	4050
portion of the certificate and the portion containing all	4051
information in the main portion except the address of the person	4052
to whom the certificate is issued.	4053

(C) Whoever violates this section is guilty of a minor	4054
misdemeanor.	4055

Sec. 4503.191. (A)(1) The identification license plate shall	4056
be issued for a multi-year period as determined by the director of	4057
public safety, and shall be accompanied by a validation sticker,	4058
to be attached to the license plate. Except as provided in	4059
division (A)(2) of this section, the validation sticker shall	4060
indicate the expiration of the registration period to which the	4061
motor vehicle for which the license plate is issued is assigned,	4062
in accordance with rules adopted by the registrar of motor	4063
vehicles. During each succeeding year of the multi-year period	4064
following the issuance of the plate and validation sticker, upon	4065
the filing of an application for registration and the payment of	4066
the tax therefor, a validation sticker alone shall be issued. The	4067
validation stickers required under this section shall be of	4068
different colors or shades each year, the new colors or shades to	4069
be selected by the director.	4070

(2)(a) Not later than October 1, 2009, the director shall	4071
develop a universal validation sticker that may be issued to any	4072
owner of two hundred fifty or more passenger vehicles, so that a	4073
sticker issued to the owner may be placed on any passenger vehicle	4074
in that owner's fleet. The director may establish and charge an	4075
additional fee of not more than one dollar per registration to	4076
compensate for necessary costs of the universal validation sticker	4077
program. The additional fee shall be credited to the state bureau	4078
of motor vehicles fund created in section 4501.25 of the Revised	4079
Code.	4080

(b) A validation sticker issued for an all-purpose vehicle	4081
that is registered under Chapter 4519. of the Revised Code or for	4082
a trailer or semitrailer that is permanently registered under	4083
division (A)~~(1)(a)(ii)~~(2) of section 4503.103 of the Revised Code	4084
or is registered for ~~a period of not more than five~~any number of	4085
succeeding registration years may indicate the expiration of the	4086
registration period, if any, by any manner determined by the	4087
registrar by rule.	4088

(B) Identification license plates shall be produced by Ohio	4089
penal industries. Validation stickers and county identification	4090
stickers shall be produced by Ohio penal industries unless the	4091
registrar adopts rules that permit the registrar or deputy	4092
registrars to print or otherwise produce them in house.	4093

Sec. 4503.192. (A)(1) Except as provided in division (B) of	4094
this section, any person who is replacing vehicle license plates,	4095
upon request and payment of a fee of ten dollars, may retain the	4096
distinctive combination of letters and numerals on license plates	4097
previously issued to that person.	4098

A person who is replacing license plates specifically created	4099
by law for which the registrar collects a contribution or	4100
additional fee, may retain the distinctive combination of letters	4101
and numerals on license plates previously issued to that person	4102
upon request and payment of a fee of ten dollars, but the person	4103
also shall be required to pay the contribution or additional fee	4104
required under the Revised Code section authorizing issuance of	4105
the license plate.	4106

(2) The registrar of motor vehicles shall charge and collect	4107
the ten-dollar fee under this section only when a new set of	4108
license plates are issued. The fee is in addition to the license	4109
tax established by this chapter and, where applicable, Chapter	4110
4504. of the Revised Code. A deputy registrar who receives an	4111
application under this section shall retain one dollar of the	4112
ten-dollar fee and shall transmit the remaining nine dollars to	4113
the registrar in a manner determined by the registrar. The	4114
registrar shall deposit the fees received under this section into	4115
the state treasury to the credit of the state bureau of motor	4116
vehicles fund created under section 4501.25 of the Revised Code	4117
and shall be used by the bureau of motor vehicles to pay the	4118
expenses of producing license plates and validation stickers,	4119
including the cost of materials, manufacturing, and administrative	4120
costs for required replacement of license plates.	4121

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

4122

(1) A person who is replacing license plates originally	4123
obtained under section 4503.40 or 4503.42 of the Revised Code.	4124
Such a person shall pay the additional fee required under the	4125
applicable section to retain the distinctive license plates	4126
previously issued.	4127

(2) A person who is replacing a single, duplicate license	4128
plate due to the loss, mutilation, or destruction of a license	4129
plate.	4130

Sec. 4503.22. The identification license plate shall consist	4131
of a placard upon the face of which shall appear the distinctive	4132
number assigned to the motor vehicle as provided in section	4133
4503.19 of the Revised Code, in Arabic numerals or letters, or	4134
both. The dimensions of the numerals or letters and of each stroke	4135
shall be determined by the director of public safety. The license	4136
placard also shall contain the name of this state and the slogan	4137
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	4138
aluminum, plastic, or any other suitable material, and the	4139
background shall be treated with a reflective material that shall	4140
provide effective and dependable reflective brightness during the	4141
service period required of the placard. Specifications for the	4142
reflective and other materials and the design of the placard, the	4143
county identification stickers as provided by section 4503.19 of	4144
the Revised Code, and validation stickers as provided by section	4145
4503.191 of the Revised Code, shall be adopted by the director as	4146
rules under sections 119.01 to 119.13 of the Revised Code. The	4147
identification license plate of motorized bicycles and of motor	4148
vehicles of the type commonly called "motorcycles" shall consist	4149
of a single placard, the size of which shall be prescribed by the	4150
director. The identification plate of a vehicle registered in	4151
accordance with the international registration plan shall contain	4152
the word "apportioned." The director may prescribe the type of	4153
placard, or means of fastening the placard, or both; the placard	4154
or means of fastening may be so designed and constructed as to	4155
render difficult the removal of the placard after it has been	4156
fastened to a motor vehicle.	4157

Sec. 4503.42. For each registration renewal with an	4158
expiration date before October 1, 2009, and for each initial	4159
application for registration received before that date the	4160
registrar of motor vehicles shall be allowed a fee not to exceed	4161
thirty-five dollars, and for each registration renewal with an	4162
expiration date on or after October 1, 2009, and for each initial	4163
application for registration received on or after that date the	4164
registrar shall be allowed a fee of fifty dollars, which shall be	4165
in addition to the regular license fee for tags as prescribed	4166
under section 4503.04 of the Revised Code and any tax levied under	4167
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	4168
each application received by the registrar for special reserved	4169
license plate numbers containing more than three letters or	4170
numerals, and the issuing of such licenses and validation stickers	4171
in the several series as the registrar may designate. Five dollars	4172
of the fee shall be for the purpose of compensating the bureau of	4173
motor vehicles for additional services required in the issuing of	4174
such licenses and validation stickers, and the remaining portion	4175
of the fee shall be deposited by the registrar into the state	4176
treasury to the credit of the state highway safety fund created by	4177
section 4501.06 of the Revised Code.	4178

This section does not apply to the issuance of reserved	4179
license plates as authorized by sections 4503.14, 4503.15, and	4180
4503.40 of the Revised Code. The types of motor vehicles for which	4181
license plate numbers containing more than three letters or	4182
numerals may be issued in accordance with this section shall	4183
include at least buses, passenger cars, and noncommercial motor	4184
vehicles.	4185

Sec. 4503.45. An owner of a collector's vehicle, upon	4186
complying with the motor vehicle laws relating to registration and	4187
licensing of motor vehicles, and upon payment of the regular	4188
license fee as prescribed under section 4503.04 of the Revised	4189
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	4190
4504. of the Revised Code, and the payment of an additional fee of	4191
five dollars, which shall be for the purpose of compensating the	4192
bureau of motor vehicles for additional services required in the	4193
issuing of such licenses, shall be issued validation stickers and	4194
license plates, or validation stickers alone when required by	4195
section 4503.191 of the Revised Code, upon which, in addition to	4196
the letters and numbers ordinarily inscribed thereon, shall be	4197
inscribed the words "collector's vehicle."	4198

Sec. 4503.49. (A) As used in this section, "ambulance,"	4199
"ambulette," "emergency medical service organization,"	4200
"nonemergency medical service organization," and "nontransport	4201
vehicle" have the same meanings as in section 4766.01 of the	4202
Revised Code.	4203

(B) Each private emergency medical service organization and	4204
each private nonemergency medical service organization shall apply	4205
to the registrar of motor vehicles for the registration of any	4206
ambulance, ambulette, or nontransport vehicle it owns or leases.	4207
The application shall be accompanied by a copy of the certificate	4208
of licensure issued to the organization by the ~~Ohio~~state board of	4209
emergency medical, fire, and transportation ~~board~~services and the	4210
following fees:	4211

(1) The regular license tax as prescribed under section	4212
4503.04 of the Revised Code;	4213

(2) Any local license tax levied under Chapter 4504. of the	4214
Revised Code;	4215

(3) An additional fee of seven dollars and fifty cents. The	4216
additional fee shall be for the purpose of compensating the bureau	4217
of motor vehicles for additional services required to be performed	4218
under this section and shall be transmitted by the registrar to	4219
the treasurer of state for deposit in the state bureau of motor	4220
vehicles fund created by section 4501.25 of the Revised Code.	4221

(C) On receipt of a complete application, the registrar shall	4222
issue to the applicant the appropriate certificate of registration	4223
for the vehicle and do one of the following:	4224

(1) Issue a set of license plates with a validation sticker	4225
and a set of stickers to be attached to the plates as an	4226
identification of the vehicle's classification as an ambulance,	4227
ambulette, or nontransport vehicle;	4228

(2) Issue a validation sticker alone when so required by	4229
section 4503.191 of the Revised Code.	4230

Sec. 4503.83. (A) Commencing January 1, 2014, the owner or	4231
lessee of a fleet of apportioned vehicles may apply to the	4232
registrar of motor vehicles for the registration of any	4233
apportioned vehicle, commercial trailer, or other vehicle of a	4234
class approved by the registrar and issuance of company logo	4235
license plates. The initial application shall be for not less than	4236
fifty eligible vehicles. The applicant shall provide the registrar	4237
the artwork for the company logo plate in a format designated by	4238
the registrar. The registrar shall approve the artwork or return	4239
the artwork for modification in accordance with any design	4240
requirements reasonably imposed by the registrar.	4241

Upon approval of the artwork and receipt of the completed	4242
application and compliance with divisions (B) and (C) of this	4243
section, the registrar shall issue to the applicant the	4244
appropriate vehicle registration and the appropriate number of	4245
company logo license plates with a validation sticker or a	4246
validation sticker alone when required by section 4503.191 of the	4247
Revised Code, except that no validation sticker shall be issued	4248
under this section for a motor vehicle for which the registration	4249
tax is specified in section 4503.042 of the Revised Code.	4250

In addition to the letters and numbers ordinarily inscribed	4251
on license plates, company logo license plates shall be inscribed	4252
with words and markings requested by the applicant and approved by	4253
the registrar.	4254

(B) A company logo license plate and a validation sticker or,	4255
when applicable, a validation sticker alone shall be issued upon	4256
payment of the regular license tax prescribed in section 4503.042	4257
of the Revised Code, any applicable fees prescribed in section	4258
4503.10 of the Revised Code, any applicable motor vehicle tax	4259
levied under Chapter 4504. of the Revised Code, a bureau of motor	4260
vehicles fee of six dollars when a company logo license plate	4261
actually is issued, and compliance with all other applicable laws	4262
relating to the registration of motor vehicles. If a company logo	4263
plate is issued to replace an existing license plate for the same	4264
vehicle, the replacement license plate fees prescribed in division	4265
(A) of section 4503.19 of the Revised Code shall not apply.	4266

(C) The registrar shall deposit the bureau of motor vehicles	4267
fee specified in division (B) of this section, the purpose of	4268
which is to compensate the bureau for the additional services	4269
required in issuing company logo license plates, in the state	4270
bureau of motor vehicles fund created in section 4501.25 of the	4271
Revised Code.	4272

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	4273
moneys pursuant to section 4501.043 of the Revised Code, the	4274
county auditor shall pay into the treasury of each township in the	4275
county levying a township motor vehicle license tax the portion of	4276
such money due the township as shown by the certificate of the	4277
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	4278
4501.031 of the Revised Code. The money shall be used by the	4279
township only for the purposes described in section 4504.18 of the	4280
Revised Code.	4281

Sec. 4504.21. (A) For the purpose of paying the costs and	4282
expenses of enforcing and administering the tax provided for in	4283
this section; for planning, constructing, reconstructing,	4284
improving, maintaining, and repairing roads, bridges, and	4285
culverts; for purchasing, erecting, and maintaining traffic signs,	4286
markers, lights, and signals; for paying debt service charges on	4287
obligations issued for those purposes; and to supplement revenue	4288
already available for those purposes, a transportation improvement	4289
district created in accordance with section 5540.02 of the Revised	4290
Code may levy an annual license tax upon the operation of motor	4291
vehicles on the public roads and highways in the territory of the	4292
district. The tax shall be levied in increments of five dollars	4293
and shall not exceed twenty dollars per motor vehicle on all motor	4294
vehicles the owners of which reside in the district and shall be	4295
in addition to all other taxes levied under this chapter, subject	4296
to reduction in the manner provided in division (B)(2) of section	4297
4503.11 of the Revised Code. The tax may be levied in all or part	4298
of the territory of the district.	4299

(B) The board of trustees of a transportation improvement	4300
district proposing to levy a motor vehicle license tax under this	4301
section shall put the question of the tax to the electors of the	4302
district or of that part of the district in which the tax would be	4303
levied. The election shall be held on the date of a primary or	4304
general election held not less than ninety days after the board of	4305
trustees certifies to the county board of elections its resolution	4306
proposing the tax. The resolution shall specify the rate of the	4307
tax. The board of elections shall submit the question of the tax	4308
to the electors at the primary or general election. The secretary	4309
of state shall prescribe the form of the ballot for the election.	4310
If approved by a majority of the electors voting on the question	4311
of the tax, the board of trustees shall levy the tax as provided	4312
in the resolution.	4313

(C) A transportation improvement district license tax levied	4314
under this section shall continue in effect until repealed, or	4315
until the dissolution of the transportation improvement district	4316
that levied it.	4317

(D) Money received by the registrar of motor vehicles	4318
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	4319
Code that consists of the taxes levied under this section shall be	4320
deposited in the ~~auto registration distribution~~local motor	4321
vehicle license tax fund created by section ~~4501.03~~4501.031 of	4322
the Revised Code and distributed to the transportation improvement	4323
district levying such tax. The registrar may assign to the	4324
transportation improvement district a unique code to facilitate	4325
the distribution of such money, which may be the same unique code	4326
assigned to a county under section 4501.03 of the Revised Code.	4327

Sec. 4505.11. This section shall also apply to all-purpose	4328
vehicles and off-highway motorcycles as defined in section 4519.01	4329
of the Revised Code.	4330

(A) Each owner of a motor vehicle and each person mentioned	4331
as owner in the last certificate of title, when the motor vehicle	4332
is dismantled, destroyed, or changed in such manner that it loses	4333
its character as a motor vehicle, or changed in such manner that	4334
it is not the motor vehicle described in the certificate of title,	4335
shall surrender the certificate of title to that motor vehicle to	4336
a clerk of a court of common pleas, and the clerk, with the	4337
consent of any holders of any liens noted on the certificate of	4338
title, then shall enter a cancellation upon the clerk's records	4339
and shall notify the registrar of motor vehicles of the	4340
cancellation.	4341

Upon the cancellation of a certificate of title in the manner	4342
prescribed by this section, any clerk and the registrar of motor	4343
vehicles may cancel and destroy all certificates and all	4344
memorandum certificates in that chain of title.	4345

(B)(1) If an Ohio certificate of title or salvage certificate	4346
of title to a motor vehicle is assigned to a salvage dealer, the	4347
dealer is not required to obtain an Ohio certificate of title or a	4348
salvage certificate of title to the motor vehicle in the dealer's	4349
own name if the dealer dismantles or destroys the motor vehicle,	4350
indicates the number of the dealer's motor vehicle salvage	4351
dealer's license on it, marks "FOR DESTRUCTION" across the face of	4352
the certificate of title or salvage certificate of title, and	4353
surrenders the certificate of title or salvage certificate of	4354
title to a clerk of a court of common pleas as provided in	4355
division (A) of this section. If the salvage dealer retains the	4356
motor vehicle for resale, the dealer shall make application for a	4357
salvage certificate of title to the motor vehicle in the dealer's	4358
own name as provided in division (C)(1) of this section.	4359

(2) At the time any salvage motor vehicle is sold at auction	4360
or through a pool, the salvage motor vehicle auction or salvage	4361
motor vehicle pool shall give a copy of the salvage certificate of	4362
title or a copy of the certificate of title marked "FOR	4363
DESTRUCTION" to the purchaser.	4364

(C)(1) When an insurance company declares it economically	4365
impractical to repair such a motor vehicle and has paid an agreed	4366
price for the purchase of the motor vehicle to any insured or	4367
claimant owner, the insurance company shall proceed as follows:	4368

(a) If an insurance company receives the certificate of title	4369
and the motor vehicle, within thirty business days, the insurance	4370
company shall deliver the certificate of title to a clerk of a	4371
court of common pleas and shall make application for a salvage	4372
certificate of title.	4373

(b) If an insurance company obtains possession of the motor	4374
vehicle but is unable to obtain the properly endorsed certificate	4375
of title for the motor vehicle, within thirty business days	4376
following the vehicle's owner or lienholder's acceptance of the	4377
insurance company's payment for the vehicle, the insurance company	4378
may apply to the clerk of a court of common pleas for a salvage	4379
certificate of title without delivering the certificate of title	4380
for the motor vehicle. The application shall be accompanied by	4381
evidence that the insurance company has paid a total loss claim on	4382
the vehicle, a copy of the written request for the certificate of	4383
title on the insurance company's letterhead, and the original	4384
certified mail, return receipt notice, addressed to the last known	4385
owner of the vehicle and any known lienholder, to obtain the	4386
certificate of title.	4387

(c) Upon receipt of a properly completed application for a	4388
salvage certificate of title as described in division (C)(1)(a) or	4389
(b) or (C)(2) of this section, the clerk shall issue the salvage	4390
certificate of title on a form, prescribed by the registrar, that	4391
shall be easily distinguishable from the original certificate of	4392
title and shall bear the same information as the original	4393
certificate of title except that it may bear a different number	4394
than that of the original certificate of title. Except as provided	4395
in division (C)(3) of this section, the salvage certificate of	4396
title shall be assigned by the insurance company to a salvage	4397
dealer or any other person for use as evidence of ownership upon	4398
the sale or other disposition of the motor vehicle, and the	4399
salvage certificate of title shall be transferrable to any other	4400
person. The clerk shall charge a fee of four dollars for the cost	4401
of processing each salvage certificate of title.	4402

(2) If an insurance company requests that a salvage motor	4403
vehicle auction take possession of a motor vehicle that is the	4404
subject of an insurance claim, and subsequently the insurance	4405
company denies coverage with respect to the motor vehicle or does	4406
not otherwise take ownership of the motor vehicle, the salvage	4407
motor vehicle auction may proceed as follows. After the salvage	4408
motor vehicle auction has possession of the motor vehicle for	4409
forty-five days, it may apply to the clerk of a court of common	4410
pleas for a salvage certificate of title without delivering the	4411
certificate of title for the motor vehicle. The application shall	4412
be accompanied by a copy of the written request that the vehicle	4413
be removed from the facility on the salvage motor vehicle	4414
auction's letterhead, and the original certified mail, return	4415
receipt notice, addressed to the last known owner of the vehicle	4416
and any known lienholder, requesting that the vehicle be removed	4417
from the facility of the salvage motor vehicle auction. Upon	4418
receipt of a properly completed application, the clerk shall	4419
follow the process as described in division (C)(1)(c) of this	4420
section. The salvage certificate of title so issued shall be free	4421
and clear of all liens.	4422

(3) If an insurance company considers a motor vehicle as	4423
described in division (C)(1)(a) or (b) of this section to be	4424
impossible to restore for highway operation, the insurance company	4425
may assign the certificate of title to the motor vehicle to a	4426
salvage dealer or scrap metal processing facility and send the	4427
assigned certificate of title to the clerk of the court of common	4428
pleas of any county. The insurance company shall mark the face of	4429
the certificate of title "FOR DESTRUCTION" and shall deliver a	4430
photocopy of the certificate of title to the salvage dealer or	4431
scrap metal processing facility for its records.	4432

(4) If an insurance company declares it economically	4433
impractical to repair a motor vehicle, agrees to pay to the	4434
insured or claimant owner an amount in settlement of a claim	4435
against a policy of motor vehicle insurance covering the motor	4436
vehicle, and agrees to permit the insured or claimant owner to	4437
retain possession of the motor vehicle, the insurance company	4438
shall not pay the insured or claimant owner any amount in	4439
settlement of the insurance claim until the owner obtains a	4440
salvage certificate of title to the vehicle and furnishes a copy	4441
of the salvage certificate of title to the insurance company.	4442

(D) When a self-insured organization, rental or leasing	4443
company, or secured creditor becomes the owner of a motor vehicle	4444
that is burned, damaged, or dismantled and is determined to be	4445
economically impractical to repair, the self-insured organization,	4446
rental or leasing company, or secured creditor shall do one of the	4447
following:	4448

(1) Mark the face of the certificate of title to the motor	4449
vehicle "FOR DESTRUCTION" and surrender the certificate of title	4450
to a clerk of a court of common pleas for cancellation as	4451
described in division (A) of this section. The self-insured	4452
organization, rental or leasing company, or secured creditor then	4453
shall deliver the motor vehicle, together with a photocopy of the	4454
certificate of title, to a salvage dealer or scrap metal	4455
processing facility and shall cause the motor vehicle to be	4456
dismantled, flattened, crushed, or destroyed.	4457

(2) Obtain a salvage certificate of title to the motor	4458
vehicle in the name of the self-insured organization, rental or	4459
leasing company, or secured creditor, as provided in division	4460
(C)(1) of this section, and then sell or otherwise dispose of the	4461
motor vehicle. If the motor vehicle is sold, the self-insured	4462
organization, rental or leasing company, or secured creditor shall	4463
obtain a salvage certificate of title to the motor vehicle in the	4464
name of the purchaser from a clerk of a court of common pleas.	4465

(E) If a motor vehicle titled with a salvage certificate of	4466
title is restored for operation upon the highways, application	4467
shall be made to a clerk of a court of common pleas for a	4468
certificate of title. Upon inspection by the state highway patrol,	4469
which shall include establishing proof of ownership and an	4470
inspection of the motor number and vehicle identification number	4471
of the motor vehicle and of documentation or receipts for the	4472
materials used in restoration by the owner of the motor vehicle	4473
being inspected, which documentation or receipts shall be	4474
presented at the time of inspection, the clerk, upon surrender of	4475
the salvage certificate of title, shall issue a certificate of	4476
title for a fee prescribed by the registrar. The certificate of	4477
title shall be in the same form as the original certificate of	4478
title and shall bear the words "REBUILT SALVAGE" in black boldface	4479
letters on its face. Every subsequent certificate of title,	4480
memorandum certificate of title, or duplicate certificate of title	4481
issued for the motor vehicle also shall bear the words "REBUILT	4482
SALVAGE" in black boldface letters on its face. The exact location	4483
on the face of the certificate of title of the words "REBUILT	4484
SALVAGE" shall be determined by the registrar, who shall develop	4485
an automated procedure within the automated title processing	4486
system to comply with this division. The clerk shall use	4487
reasonable care in performing the duties imposed on the clerk by	4488
this division in issuing a certificate of title pursuant to this	4489
division, but the clerk is not liable for any of the clerk's	4490
errors or omissions or those of the clerk's deputies, or the	4491
automated title processing system in the performance of those	4492
duties. A fee of fifty dollars shall be assessed by the state	4493
highway patrol for each inspection made pursuant to this division	4494
and shall be deposited into the state highway safety fund	4495
established by section 4501.06 of the Revised Code.	4496

(F) No person shall operate upon the highways in this state a	4497
motor vehicle, title to which is evidenced by a salvage	4498
certificate of title, except to deliver the motor vehicle pursuant	4499
to an appointment for an inspection under this section.	4500

(G) No motor vehicle the certificate of title to which has	4501
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	4502
court of common pleas shall be used for anything except parts and	4503
scrap metal.	4504

(H)(1) Except as otherwise provided in this division, an	4505
owner of a manufactured or mobile home that will be taxed as real	4506
property pursuant to division (B) of section 4503.06 of the	4507
Revised Code shall surrender the certificate of title to the	4508
auditor of the county containing the taxing district in which the	4509
home is located. An owner whose home qualifies for real property	4510
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	4511
the Revised Code shall surrender the certificate within fifteen	4512
days after the home meets the conditions specified in those	4513
divisions. The auditor shall deliver the certificate of title to	4514
the clerk of the court of common pleas who issued it.	4515

(2) If the certificate of title for a manufactured or mobile	4516
home that is to be taxed as real property is held by a lienholder,	4517
the lienholder shall surrender the certificate of title to the	4518
auditor of the county containing the taxing district in which the	4519
home is located, and the auditor shall deliver the certificate of	4520
title to the clerk of the court of common pleas who issued it. The	4521
lienholder shall surrender the certificate within thirty days	4522
after both of the following have occurred:	4523

(a) The homeowner has provided written notice to the	4524
lienholder requesting that the certificate of title be surrendered	4525
to the auditor of the county containing the taxing district in	4526
which the home is located.	4527

(b) The homeowner has either paid the lienholder the	4528
remaining balance owed to the lienholder, or, with the	4529
lienholder's consent, executed and delivered to the lienholder a	4530
mortgage on the home and land on which the home is sited in the	4531
amount of the remaining balance owed to the lienholder.	4532

(3) Upon the delivery of a certificate of title by the county	4533
auditor to the clerk, the clerk shall inactivate it and maintain	4534
it in the automated title processing system for a period of thirty	4535
years.	4536

(4) Upon application by the owner of a manufactured or mobile	4537
home that is taxed as real property pursuant to division (B) of	4538
section 4503.06 of the Revised Code and that no longer satisfies	4539
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	4540
section, the clerk shall reactivate the record of the certificate	4541
of title that was inactivated under division (H)(3) of this	4542
section and shall issue a new certificate of title, but only if	4543
the application contains or has attached to it all of the	4544
following:	4545

(a) An endorsement of the county treasurer that all real	4546
property taxes charged against the home under Title LVII of the	4547
Revised Code and division (B) of section 4503.06 of the Revised	4548
Code for all preceding tax years have been paid;	4549

(b) An endorsement of the county auditor that the home will	4550
be removed from the real property tax list;	4551

(c) Proof that there are no outstanding mortgages or other	4552
liens on the home or, if there are such mortgages or other liens,	4553
that the mortgagee or lienholder has consented to the reactivation	4554
of the certificate of title.	4555

(I)(1) Whoever violates division (F) of this section shall be	4556
fined not more than two thousand dollars, imprisoned not more than	4557
one year, or both.	4558

(2) Whoever violates division (G) of this section shall be	4559
fined not more than one thousand dollars, imprisoned not more than	4560
six months, or both.	4561

Sec. 4506.08. (A)(1) Each application for a commercial	4562
driver's license temporary instruction permit shall be accompanied	4563
by a fee of ten dollars. Each application for a commercial	4564
driver's license, restricted commercial driver's license, renewal	4565
of such a license, or waiver for farm-related service industries	4566
shall be accompanied by a fee of twenty-five dollars, except that	4567
an application for a commercial driver's license or restricted	4568
commercial driver's license received pursuant to division (A)(3)	4569
of section 4506.14 of the Revised Code shall be accompanied by a	4570
fee of eighteen dollars and seventy-five cents if the license will	4571
expire on the licensee's birthday three years after the date of	4572
issuance, a fee of twelve dollars and fifty cents if the license	4573
will expire on the licensee's birthday two years after the date of	4574
issuance, and a fee of six dollars and twenty-five cents if the	4575
license will expire on the licensee's birthday one year after the	4576
date of issuance. Each application for a duplicate commercial	4577
driver's license shall be accompanied by a fee of ten dollars.	4578

(2) In addition, the registrar of motor vehicles or deputy	4579
registrar may collect and retain an additional fee of no more than	4580
three dollars and fifty cents for each application for a	4581
commercial driver's license temporary instruction permit,	4582
commercial driver's license, renewal of a commercial driver's	4583
license, or duplicate commercial driver's license received by the	4584
registrar or deputy.	4585

(B) In addition to the fees imposed under division (A) of	4586
this section, the registrar of motor vehicles or deputy registrar	4587
shall collect a fee of twelve dollars for each application for a	4588
commercial driver's license temporary instruction permit,	4589
commercial driver's license, or duplicate commercial driver's	4590
license and for each application for renewal of a commercial	4591
driver's license. The additional fee is for the purpose of	4592
defraying the department of public safety's costs associated with	4593
the administration and enforcement of the motor vehicle and	4594
traffic laws of Ohio.	4595

(C) Each deputy registrar shall transmit the fees collected	4596
under divisions (A)(1) and (B) of this section in the time and	4597
manner prescribed by the registrar. The registrar shall deposit	4598
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	4599
section into the state ~~highway safety~~bureau of motor vehicles	4600
fund established in section ~~4501.06~~4501.25 of the Revised Code.	4601
The registrar shall deposit all moneys collected under division	4602
(B) of this section into the state highway safety fund established	4603
in section 4501.06 of the Revised Code.	4604

(D) Information regarding the driving record of any person	4605
holding a commercial driver's license issued by this state shall	4606
be furnished by the registrar, upon request and payment of a fee	4607
of five dollars, to the employer or prospective employer of such a	4608
person and to any insurer.	4609

Of each five-dollar fee the registrar collects under this	4610
division, the registrar shall pay two dollars into the state	4611
treasury to the credit of the state bureau of motor vehicles fund	4612
established in section 4501.25 of the Revised Code, sixty cents	4613
into the state treasury to the credit of the trauma and emergency	4614
medical services fund established in section 4513.263 of the	4615
Revised Code, sixty cents into the state treasury to the credit of	4616
the homeland security fund established in section 5502.03 of the	4617
Revised Code, thirty cents into the state treasury to the credit	4618
of the investigations fund established in section 5502.131 of the	4619
Revised Code, one dollar and twenty-five cents into the state	4620
treasury to the credit of the emergency management agency service	4621
and reimbursement fund established in section 5502.39 of the	4622
Revised Code, and twenty-five cents into the state treasury to the	4623
credit of the justice program services fund established in section	4624
5502.67 of the Revised Code.	4625

Sec. 4506.09. (A) The registrar of motor vehicles, subject	4626
to approval by the director of public safety, shall adopt rules	4627
conforming with applicable standards adopted by the federal motor	4628
carrier safety administration as regulations under Pub. L. No.	4629
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	4630
31317. The rules shall establish requirements for the	4631
qualification and testing of persons applying for a commercial	4632
driver's license, which shall be in addition to other requirements	4633
established by this chapter. Except as provided in division (B) of	4634
this section, the highway patrol or any other employee of the	4635
department of public safety the registrar authorizes shall	4636
supervise and conduct the testing of persons applying for a	4637
commercial driver's license.	4638

(B) The director may adopt rules, in accordance with Chapter	4639
119. of the Revised Code and applicable requirements of the	4640
federal motor carrier safety administration, authorizing the	4641
skills test specified in this section to be administered by any	4642
person, by an agency of this or another state, or by an agency,	4643
department, or instrumentality of local government. Each party	4644
authorized under this division to administer the skills test may	4645
charge a maximum divisible fee of eighty-five dollars for each	4646
skills test given as part of a commercial driver's license	4647
examination. The fee shall consist of not more than twenty dollars	4648
for the pre-trip inspection portion of the test, not more than	4649
twenty dollars for the off-road maneuvering portion of the test,	4650
and not more than forty-five dollars for the on-road portion of	4651
the test. Each such party may require an appointment fee in the	4652
same manner provided in division (F)(2) of this section, except	4653
that the maximum amount such a party may require as an appointment	4654
fee is eighty-five dollars. The skills test administered by	4655
another party under this division shall be the same as otherwise	4656
would be administered by this state. The other party shall enter	4657
into an agreement with the director that, without limitation, does	4658
all of the following:	4659

(1) Allows the director or the director's representative and	4660
the federal motor carrier safety administration or its	4661
representative to conduct random examinations, inspections, and	4662
audits of the other party without prior notice;	4663

(2) Requires the director or the director's representative to	4664
conduct on-site inspections of the other party at least annually;	4665

(3) Requires that all examiners of the other party meet the	4666
same qualification and training standards as examiners of the	4667
department of public safety, to the extent necessary to conduct	4668
skills tests in the manner required by 49 C.F.R. 383.110 through	4669
383.135;	4670

(4) Requires either that state employees take, at least	4671
annually and as though the employees were test applicants, the	4672
tests actually administered by the other party, that the director	4673
test a sample of drivers who were examined by the other party to	4674
compare the test results, or that state employees accompany a test	4675
applicant during an actual test;	4676

(5) Reserves to this state the right to take prompt and	4677
appropriate remedial action against testers of the other party if	4678
the other party fails to comply with standards of this state or	4679
federal standards for the testing program or with any other terms	4680
of the contract.	4681

(C) The director shall enter into an agreement with the	4682
department of education authorizing the skills test specified in	4683
this section to be administered by the department at any location	4684
operated by the department for purposes of training and testing	4685
school bus drivers, provided that the agreement between the	4686
director and the department complies with the requirements of	4687
division (B) of this section. Skills tests administered by the	4688
department shall be limited to persons applying for a commercial	4689
driver's license with a school bus endorsement.	4690

(D) The director shall adopt rules, in accordance with	4691
Chapter 119. of the Revised Code, authorizing waiver of the skills	4692
test specified in this section for any applicant for a commercial	4693
driver's license who meets all of the following requirements:	4694

(1) Certifies that, during the two-year period immediately	4695
preceding application for a commercial driver's license, all of	4696
the following apply:	4697

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

4698

(b) The applicant has not had any license suspended, revoked,	4699
or canceled.	4700

(c) The applicant has not had any convictions for any type of	4701
motor vehicle for the offenses for which disqualification is	4702
prescribed in section 4506.16 of the Revised Code.	4703

(d) The applicant has not had any violation of a state or	4704
local law relating to motor vehicle traffic control other than a	4705
parking violation arising in connection with any traffic accident	4706
and has no record of an accident in which the applicant was at	4707
fault.	4708

(e) The applicant has previously taken and passed a skills	4709
test given by a state with a classified licensing and testing	4710
system in which the test was behind-the-wheel in a representative	4711
vehicle for the applicant's commercial driver's license	4712
classification.	4713

(2) Certifies and also provides evidence that the applicant	4714
is regularly employed in a job requiring operation of a commercial	4715
motor vehicle and that one of the following applies:	4716

(a) The applicant has previously taken and passed a skills	4717
test given by a state with a classified licensing and testing	4718
system in which the test was behind-the-wheel in a representative	4719
vehicle for the applicant's commercial driver's license	4720
classification.	4721

(b) The applicant has regularly operated, for at least two	4722
years immediately preceding application for a commercial driver's	4723
license, a vehicle representative of the commercial motor vehicle	4724
the applicant operates or expects to operate.	4725

(E) The director shall adopt rules, in accordance with	4726
Chapter 119. of the Revised Code, authorizing waiver of the skills	4727
test specified in this section for any applicant for a commercial	4728
driver's license who meets all of the following requirements:	4729

(1) At the time of applying, is a member or uniformed	4730
employee of the armed forces of the United States or their reserve	4731
components, including the Ohio national guard, or separated from	4732
such service or employment within the preceding ninety days;	4733

(2) Certifies that, during the two-year period immediately	4734
preceding application for a commercial driver's license, all of	4735
the following apply:	4736

(a) The applicant has not had more than one license,	4737
excluding any military license.	4738

(b) The applicant has not had any license suspended, revoked,	4739
or canceled.	4740

(c) The applicant has not had any convictions for any type of	4741
motor vehicle for the offenses for which disqualification is	4742
prescribed in section 4506.16 of the Revised Code.	4743

(d) The applicant has not had more than one conviction for	4744
any type of motor vehicle for a serious traffic violation.	4745

(e) The applicant has not had any violation of a state or	4746
local law relating to motor vehicle traffic control other than a	4747
parking violation arising in connection with any traffic accident	4748
and has no record of an accident in which the applicant was at	4749
fault.	4750

(3) In accordance with rules adopted by the director,	4751
certifies and also provides evidence of all of the following:	4752

(a) That the applicant is regularly employed or was regularly	4753
employed within the preceding ninety days in a military position	4754
requiring operation of a commercial motor vehicle;	4755

(b) That the applicant was exempt from the requirements of	4756
this chapter under division (B)(6) of section 4506.03 of the	4757
Revised Code;	4758

(c) That, for at least two years immediately preceding the	4759
date of application or at least two years immediately preceding	4760
the date the applicant separated from military service or	4761
employment, the applicant regularly operated a vehicle	4762
representative of the commercial motor vehicle type that the	4763
applicant operates or expects to operate.	4764

(F)(1) The department of public safety may charge and collect	4765
a divisible fee of fifty dollars for each skills test given as	4766
part of a commercial driver's license examination. The fee shall	4767
consist of ten dollars for the pre-trip inspection portion of the	4768
test, ten dollars for the off-road maneuvering portion of the	4769
test, and thirty dollars for the on-road portion of the test.	4770

(2) The director may require an applicant for a commercial	4771
driver's license who schedules an appointment with the highway	4772
patrol or other authorized employee of the department of public	4773
safety to take all portions of the skills test, to pay an	4774
appointment fee of fifty dollars at the time of scheduling the	4775
appointment. If the applicant appears at the time and location	4776
specified for the appointment and takes all portions of the skills	4777
test during that appointment, the appointment fee shall serve as	4778
the skills test fee. If the applicant schedules an appointment to	4779
take all portions of the skills test and fails to appear at the	4780
time and location specified for the appointment, no portion of the	4781
appointment fee shall be refunded. If the applicant schedules an	4782
appointment to take all portions of the skills test and appears at	4783
the time and location specified for the appointment, but declines	4784
or is unable to take all portions of the skills test, no portion	4785
of the appointment fee shall be refunded. If the applicant cancels	4786
a scheduled appointment forty-eight hours or more prior to the	4787
time of the appointment time, the applicant shall not forfeit the	4788
appointment fee.	4789

An applicant for a commercial driver's license who schedules	4790
an appointment to take one or more, but not all, portions of the	4791
skills test shall be required to pay an appointment fee equal to	4792
the costs of each test scheduled, as prescribed in division (F)(1)	4793
of this section, when scheduling such an appointment. If the	4794
applicant appears at the time and location specified for the	4795
appointment and takes all the portions of the skills test during	4796
that appointment that the applicant was scheduled to take, the	4797
appointment fee shall serve as the skills test fee. If the	4798
applicant schedules an appointment to take one or more, but not	4799
all, portions of the skills test and fails to appear at the time	4800
and location specified for the appointment, no portion of the	4801
appointment fee shall be refunded. If the applicant schedules an	4802
appointment to take one or more, but not all, portions of the	4803
skills test and appears at the time and location specified for the	4804
appointment, but declines or is unable to take all portions of the	4805
skills test that the applicant was scheduled to take, no portion	4806
of the appointment fee shall be refunded. If the applicant cancels	4807
a scheduled appointment forty-eight hours or more prior to the	4808
time of the appointment time, the applicant shall not forfeit the	4809
appointment fee.	4810

(3) The department of public safety shall deposit all fees it	4811
collects under division (F) of this section in the state ~~highway~~	4812
~~safety~~bureau of motor vehicles fund established in section	4813
4501.25 of the Revised Code.	4814

(G) As used in this section, "skills test" means a test of an	4815
applicant's ability to drive the type of commercial motor vehicle	4816
for which the applicant seeks a commercial driver's license by	4817
having the applicant drive such a motor vehicle while under the	4818
supervision of an authorized state driver's license examiner or	4819
tester.	4820

Sec. 4507.011. (A) Each deputy registrar assigned to a	4821
driver's license examining station by the registrar of motor	4822
vehicles as provided in section 4507.01 of the Revised Code shall	4823
remit to the director of public safety a rental fee equal to the	4824
percentage of space occupied by the deputy registrar in the	4825
driver's license examining station multiplied by the rental fee	4826
paid for the entire driver's license examining station plus a pro	4827
rata share of all utility costs. All such moneys received by the	4828
director shall be deposited in the state treasury to the credit of	4829
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	4830
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	4831
~~in the fund shall be used by the department of public safety only~~	4832
~~to pay the rent and expenses of the driver's license examining~~	4833
~~stations. All investment earnings of the fund shall be credited to~~	4834
~~the fund.~~	4835

(B) Each deputy registrar assigned to a bureau of motor	4836
vehicles' location shall reimburse the registrar a monthly	4837
building rental fee, including applicable utility charges. All	4838
such moneys received by the registrar shall be deposited into the	4839
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	4840
~~the Revised Code~~.	4841

Sec. 4507.05. (A) The registrar of motor vehicles, or a	4842
deputy registrar, upon receiving an application for a temporary	4843
instruction permit and a temporary instruction permit	4844
identification card for a driver's license from any person who is	4845
at least fifteen years six months of age, may issue such a permit	4846
and identification card entitling the applicant to drive a motor	4847
vehicle, other than a commercial motor vehicle, upon the highways	4848
under the following conditions:	4849

(1) If the permit is issued to a person who is at least	4850
fifteen years six months of age, but less than sixteen years of	4851
age:	4852

(a) The permit and identification card are in the holder's	4853
immediate possession;	4854

(b) The holder is accompanied by an eligible adult who	4855
actually occupies the seat beside the permit holder and does not	4856
have a prohibited concentration of alcohol in the whole blood,	4857
blood serum or plasma, breath, or urine as provided in division	4858
(A) of section 4511.19 of the Revised Code;	4859

(c) The total number of occupants of the vehicle does not	4860
exceed the total number of occupant restraining devices originally	4861
installed in the motor vehicle by its manufacturer, and each	4862
occupant of the vehicle is wearing all of the available elements	4863
of a properly adjusted occupant restraining device.	4864

(2) If the permit is issued to a person who is at least	4865
sixteen years of age:	4866

(a) The permit and identification card are in the holder's	4867
immediate possession;	4868

(b) The holder is accompanied by a licensed operator who is	4869
at least twenty-one years of age, is actually occupying a seat	4870
beside the driver, and does not have a prohibited concentration of	4871
alcohol in the whole blood, blood serum or plasma, breath, or	4872
urine as provided in division (A) of section 4511.19 of the	4873
Revised Code;	4874

(c) The total number of occupants of the vehicle does not	4875
exceed the total number of occupant restraining devices originally	4876
installed in the motor vehicle by its manufacturer, and each	4877
occupant of the vehicle is wearing all of the available elements	4878
of a properly adjusted occupant restraining device.	4879

(B) The registrar or a deputy registrar, upon receiving from	4880
any person an application for a temporary instruction permit and	4881
temporary instruction permit identification card to operate a	4882
motorcycle or motorized bicycle, may issue such a permit and	4883
identification card entitling the applicant, while having the	4884
permit and identification card in the applicant's immediate	4885
possession, to drive a motorcycle under the restrictions	4886
prescribed in section 4511.53 of the Revised Code, or to drive a	4887
motorized bicycle under restrictions determined by the registrar.	4888
A temporary instruction permit and temporary instruction permit	4889
identification card to operate a motorized bicycle may be issued	4890
to a person fourteen or fifteen years old.	4891

(C) Any permit and identification card issued under this	4892
section shall be issued in the same manner as a driver's license,	4893
upon a form to be furnished by the registrar. A temporary	4894
instruction permit to drive a motor vehicle other than a	4895
commercial motor vehicle shall be valid for a period of one year.	4896

(D) Any person having in the person's possession a valid and	4897
current driver's license or motorcycle operator's license or	4898
endorsement issued to the person by another jurisdiction	4899
recognized by this state is exempt from obtaining a temporary	4900
instruction permit for a driver's license~~, but shall submit~~and	4901
from submitting to the examination for a temporary instruction	4902
permit and the regular examination infor obtaining a driver's	4903
license or motorcycle operator's endorsement in this state if the	4904
person does all of the following:	4905

(1) Submits to and passes vision screening as provided in	4906
section 4507.12 of the Revised Code;	4907

(2) Surrenders to the registrar or deputy registrar the	4908
person's driver's license issued by the other jurisdiction; and	4909

(3) Complies with all other applicable requirements for	4910
issuance by this state of a driver's license, driver's license	4911
with a motorcycle operator's endorsement, or restricted license to	4912
operate a motorcycle.	4913

If the person does not comply with all the requirements of	4914
this division, the person shall submit to the regular examination	4915
for obtaining a driver's license or motorcycle operator's	4916
endorsement in this state in order to obtain such a license or	4917
endorsement.	4918

(E) The registrar may adopt rules governing the use of	4919
temporary instruction permits and temporary instruction permit	4920
identification cards.	4921

(F)(1) No holder of a permit issued under division (A) of	4922
this section shall operate a motor vehicle upon a highway or any	4923
public or private property used by the public for purposes of	4924
vehicular travel or parking in violation of the conditions	4925
established under division (A) of this section.	4926

(2) Except as provided in division (F)(2) of this section, no	4927
holder of a permit that is issued under division (A) of this	4928
section and that is issued on or after July 1, 1998, and who has	4929
not attained the age of eighteen years, shall operate a motor	4930
vehicle upon a highway or any public or private property used by	4931
the public for purposes of vehicular travel or parking between the	4932
hours of midnight and six a.m.	4933

The holder of a permit issued under division (A) of this	4934
section on or after July 1, 1998, who has not attained the age of	4935
eighteen years, may operate a motor vehicle upon a highway or any	4936
public or private property used by the public for purposes of	4937
vehicular travel or parking between the hours of midnight and six	4938
a.m. if, at the time of such operation, the holder is accompanied	4939
by the holder's parent, guardian, or custodian, and the parent,	4940
guardian, or custodian holds a current valid driver's or	4941
commercial driver's license issued by this state, is actually	4942
occupying a seat beside the permit holder, and does not have a	4943
prohibited concentration of alcohol in the whole blood, blood	4944
serum or plasma, breath, or urine as provided in division (A) of	4945
section 4511.19 of the Revised Code.	4946

(G)(1) Notwithstanding any other provision of law to the	4947
contrary, no law enforcement officer shall cause the operator of a	4948
motor vehicle being operated on any street or highway to stop the	4949
motor vehicle for the sole purpose of determining whether each	4950
occupant of the motor vehicle is wearing all of the available	4951
elements of a properly adjusted occupant restraining device as	4952
required by division (A) of this section, or for the sole purpose	4953
of issuing a ticket, citation, or summons if the requirement in	4954
that division has been or is being violated, or for causing the	4955
arrest of or commencing a prosecution of a person for a violation	4956
of that requirement.	4957

(2) Notwithstanding any other provision of law to the	4958
contrary, no law enforcement officer shall cause the operator of a	4959
motor vehicle being operated on any street or highway to stop the	4960
motor vehicle for the sole purpose of determining whether a	4961
violation of division (F)(2) of this section has been or is being	4962
committed or for the sole purpose of issuing a ticket, citation,	4963
or summons for such a violation or for causing the arrest of or	4964
commencing a prosecution of a person for such violation.	4965

(H) As used in this section:

4966

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

4967

(a) An instructor of a driver training course approved by the	4968
department of public safety;	4969

(b) Any of the following persons who holds a current valid	4970
driver's or commercial driver's license issued by this state:	4971

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

4972

(ii) A person twenty-one years of age or older who acts in	4973
loco parentis of the permit holder.	4974

(2) "Occupant restraining device" has the same meaning as in	4975
section 4513.263 of the Revised Code.	4976

(I) Whoever violates division (F)(1) or (2) of this section	4977
is guilty of a minor misdemeanor.	4978

Sec. 4507.23. (A) Except as provided in division (I) of this	4979
section, each application for a temporary instruction permit and	4980
examination shall be accompanied by a fee of five dollars.	4981

(B) Except as provided in division (I) of this section, each	4982
application for a driver's license made by a person who previously	4983
held such a license and whose license has expired not more than	4984
two years prior to the date of application, and who is required	4985
under this chapter to give an actual demonstration of the person's	4986
ability to drive, shall be accompanied by a fee of three dollars	4987
in addition to any other fees.	4988

(C)(1) Except as provided in divisions (E) and (I) of this	4989
section, each application for a driver's license, or motorcycle	4990
operator's endorsement, or renewal of a driver's license shall be	4991
accompanied by a fee of six dollars.	4992

(2) Except as provided in division (I) of this section, each	4993
application for a duplicate driver's license shall be accompanied	4994
by a fee of seven dollars and fifty cents. The duplicate driver's	4995
licenses issued under this section shall be distributed by the	4996
deputy registrar in accordance with rules adopted by the registrar	4997
of motor vehicles.	4998

(D) Except as provided in division (I) of this section, each	4999
application for a motorized bicycle license or duplicate thereof	5000
shall be accompanied by a fee of two dollars and fifty cents.	5001

(E) Except as provided in division (I) of this section, each	5002
application for a driver's license or renewal of a driver's	5003
license that will be issued to a person who is less than	5004
twenty-one years of age shall be accompanied by whichever of the	5005
following fees is applicable:	5006

(1) If the person is sixteen years of age or older, but less	5007
than seventeen years of age, a fee of seven dollars and	5008
twenty-five cents;	5009

(2) If the person is seventeen years of age or older, but	5010
less than eighteen years of age, a fee of six dollars;	5011

(3) If the person is eighteen years of age or older, but less	5012
than nineteen years of age, a fee of four dollars and seventy-five	5013
cents;	5014

(4) If the person is nineteen years of age or older, but less	5015
than twenty years of age, a fee of three dollars and fifty cents;	5016

(5) If the person is twenty years of age or older, but less	5017
than twenty-one years of age, a fee of two dollars and twenty-five	5018
cents.	5019

(F) Neither the registrar nor any deputy registrar shall	5020
charge a fee in excess of one dollar and fifty cents for	5021
laminating a driver's license, motorized bicycle license, or	5022
temporary instruction permit identification cards as required by	5023
sections 4507.13 and 4511.521 of the Revised Code. A deputy	5024
registrar laminating a driver's license, motorized bicycle	5025
license, or temporary instruction permit identification cards	5026
shall retain the entire amount of the fee charged for lamination,	5027
less the actual cost to the registrar of the laminating materials	5028
used for that lamination, as specified in the contract executed by	5029
the bureau for the laminating materials and laminating equipment.	5030
The deputy registrar shall forward the amount of the cost of the	5031
laminating materials to the registrar for deposit as provided in	5032
this section.	5033

(G) Except as provided in division (I) of this section, each	5034
transaction described in divisions (A), (B), (C), (D), and (E) of	5035
this section shall be accompanied by an additional fee of twelve	5036
dollars. The additional fee is for the purpose of defraying the	5037
department of public safety's costs associated with the	5038
administration and enforcement of the motor vehicle and traffic	5039
laws of Ohio.	5040

(H) At the time and in the manner provided by section 4503.10	5041
of the Revised Code, the deputy registrar shall transmit the fees	5042
collected under divisions (A), (B), (C), (D), and (E), those	5043
portions of the fees specified in and collected under division	5044
(F), and the additional fee under division (G) of this section to	5045
the registrar. The registrar shall pay two dollars and fifty cents	5046
of each fee collected under divisions (A), (B), (C)(1) and (2),	5047
(D), and (E)(1) to (4) of this section, and the entire fee	5048
collected under division (E)(5) of this section, into the state	5049
~~highway safety~~bureau of motor vehicles fund established in	5050
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	5051
be used for the sole purpose of supporting driver licensing	5052
activities. The registrar also shall pay five dollars of each fee	5053
collected under division (C)(2) of this section and the entire fee	5054
collected under division (G) of this section into the state	5055
highway safety fund created in section 4501.06 of the Revised	5056
Code. The remaining fees collected by the registrar under this	5057
section shall be paid into the state bureau of motor vehicles fund	5058
established in section 4501.25 of the Revised Code.	5059

(I) A disabled veteran who has a service-connected disability	5060
rated at one hundred per cent by the veterans' administration may	5061
apply to the registrar or a deputy registrar for the issuance to	5062
that veteran, without the payment of any fee prescribed in this	5063
section, of any of the following items:	5064

(1) A temporary instruction permit and examination;

5065

(2) A new, renewal, or duplicate driver's or commercial	5066
driver's license;	5067

(3) A motorcycle operator's endorsement;

5068

(4) A motorized bicycle license or duplicate thereof;

5069

(5) Lamination of a driver's license, motorized bicycle	5070
license, or temporary instruction permit identification card as	5071
provided in division (F) of this section.	5072

An application made under division (I) of this section shall	5073
be accompanied by such documentary evidence of disability as the	5074
registrar may require by rule.	5075

Sec. 4511.01. As used in this chapter and in Chapter 4513.	5076
of the Revised Code:	5077

(A) "Vehicle" means every device, including a motorized	5078
bicycle, in, upon, or by which any person or property may be	5079
transported or drawn upon a highway, except that "vehicle" does	5080
not include any motorized wheelchair, any electric personal	5081
assistive mobility device, any device that is moved by power	5082
collected from overhead electric trolley wires or that is used	5083
exclusively upon stationary rails or tracks, or any device, other	5084
than a bicycle, that is moved by human power.	5085

(B) "Motor vehicle" means every vehicle propelled or drawn by	5086
power other than muscular power or power collected from overhead	5087
electric trolley wires, except motorized bicycles, road rollers,	5088
traction engines, power shovels, power cranes, and other equipment	5089
used in construction work and not designed for or employed in	5090
general highway transportation, hole-digging machinery,	5091
well-drilling machinery, ditch-digging machinery, farm machinery,	5092
and trailers designed and used exclusively to transport a boat	5093
between a place of storage and a marina, or in and around a	5094
marina, when drawn or towed on a street or highway for a distance	5095
of no more than ten miles and at a speed of twenty-five miles per	5096
hour or less.	5097

(C) "Motorcycle" means every motor vehicle, other than a	5098
tractor, having a seat or saddle for the use of the operator and	5099
designed to travel on not more than three wheels in contact with	5100
the ground, including, but not limited to, motor vehicles known as	5101
"motor-driven cycle," "motor scooter," or "motorcycle" without	5102
regard to weight or brake horsepower.	5103

(D) "Emergency vehicle" means emergency vehicles of	5104
municipal, township, or county departments or public utility	5105
corporations when identified as such as required by law, the	5106
director of public safety, or local authorities, and motor	5107
vehicles when commandeered by a police officer.	5108

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

5109

(1) Ambulances, including private ambulance companies under	5110
contract to a municipal corporation, township, or county, and	5111
private ambulances and nontransport vehicles bearing license	5112
plates issued under section 4503.49 of the Revised Code;	5113

(2) Motor vehicles used by public law enforcement officers or	5114
other persons sworn to enforce the criminal and traffic laws of	5115
the state;	5116

(3) Any motor vehicle when properly identified as required by	5117
the director of public safety, when used in response to fire	5118
emergency calls or to provide emergency medical service to ill or	5119
injured persons, and when operated by a duly qualified person who	5120
is a member of a volunteer rescue service or a volunteer fire	5121
department, and who is on duty pursuant to the rules or directives	5122
of that service. The state fire marshal shall be designated by the	5123
director of public safety as the certifying agency for all public	5124
safety vehicles described in division (E)(3) of this section.	5125

(4) Vehicles used by fire departments, including motor	5126
vehicles when used by volunteer fire fighters responding to	5127
emergency calls in the fire department service when identified as	5128
required by the director of public safety.	5129

Any vehicle used to transport or provide emergency medical	5130
service to an ill or injured person, when certified as a public	5131
safety vehicle, shall be considered a public safety vehicle when	5132
transporting an ill or injured person to a hospital regardless of	5133
whether such vehicle has already passed a hospital.	5134

(5) Vehicles used by the motor carrier enforcement unit for	5135
the enforcement of orders and rules of the public utilities	5136
commission as specified in section 5503.34 of the Revised Code.	5137

(F) "School bus" means every bus designed for carrying more	5138
than nine passengers that is owned by a public, private, or	5139
governmental agency or institution of learning and operated for	5140
the transportation of children to or from a school session or a	5141
school function, or owned by a private person and operated for	5142
compensation for the transportation of children to or from a	5143
school session or a school function, provided "school bus" does	5144
not include a bus operated by a municipally owned transportation	5145
system, a mass transit company operating exclusively within the	5146
territorial limits of a municipal corporation, or within such	5147
limits and the territorial limits of municipal corporations	5148
immediately contiguous to such municipal corporation, nor a common	5149
passenger carrier certified by the public utilities commission	5150
unless such bus is devoted exclusively to the transportation of	5151
children to and from a school session or a school function, and	5152
"school bus" does not include a van or bus used by a licensed	5153
child day-care center or type A family day-care home to transport	5154
children from the child day-care center or type A family day-care	5155
home to a school if the van or bus does not have more than fifteen	5156
children in the van or bus at any time.	5157

(G) "Bicycle" means every device, other than a ~~tricycle~~	5158
device that is designed solely for use as a play vehicle by a	5159
child, that is propelled solely by human power upon which ~~any~~a	5160
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	5161
~~or one wheel in the front and two wheels in the rear, or two~~	5162
~~wheels in the front and one wheel in the rear,~~ any of which is	5163
more than fourteen inches in diameter.	5164

(H) "Motorized bicycle" means any vehicle having either two	5165
tandem wheels or one wheel in the front and two wheels in the	5166
rear, that is capable of being pedaled and is equipped with a	5167
helper motor of not more than fifty cubic centimeters piston	5168
displacement that produces no more than one brake horsepower and	5169
is capable of propelling the vehicle at a speed of no greater than	5170
twenty miles per hour on a level surface.	5171

(I) "Commercial tractor" means every motor vehicle having	5172
motive power designed or used for drawing other vehicles and not	5173
so constructed as to carry any load thereon, or designed or used	5174
for drawing other vehicles while carrying a portion of such other	5175
vehicles, or load thereon, or both.	5176

(J) "Agricultural tractor" means every self-propelling	5177
vehicle designed or used for drawing other vehicles or wheeled	5178
machinery but having no provision for carrying loads independently	5179
of such other vehicles, and used principally for agricultural	5180
purposes.	5181

(K) "Truck" means every motor vehicle, except trailers and	5182
semitrailers, designed and used to carry property.	5183

(L) "Bus" means every motor vehicle designed for carrying	5184
more than nine passengers and used for the transportation of	5185
persons other than in a ridesharing arrangement, and every motor	5186
vehicle, automobile for hire, or funeral car, other than a taxicab	5187
or motor vehicle used in a ridesharing arrangement, designed and	5188
used for the transportation of persons for compensation.	5189

(M) "Trailer" means every vehicle designed or used for	5190
carrying persons or property wholly on its own structure and for	5191
being drawn by a motor vehicle, including any such vehicle when	5192
formed by or operated as a combination of a "semitrailer" and a	5193
vehicle of the dolly type, such as that commonly known as a	5194
"trailer dolly," a vehicle used to transport agricultural produce	5195
or agricultural production materials between a local place of	5196
storage or supply and the farm when drawn or towed on a street or	5197
highway at a speed greater than twenty-five miles per hour, and a	5198
vehicle designed and used exclusively to transport a boat between	5199
a place of storage and a marina, or in and around a marina, when	5200
drawn or towed on a street or highway for a distance of more than	5201
ten miles or at a speed of more than twenty-five miles per hour.	5202

(N) "Semitrailer" means every vehicle designed or used for	5203
carrying persons or property with another and separate motor	5204
vehicle so that in operation a part of its own weight or that of	5205
its load, or both, rests upon and is carried by another vehicle.	5206

(O) "Pole trailer" means every trailer or semitrailer	5207
attached to the towing vehicle by means of a reach, pole, or by	5208
being boomed or otherwise secured to the towing vehicle, and	5209
ordinarily used for transporting long or irregular shaped loads	5210
such as poles, pipes, or structural members capable, generally, of	5211
sustaining themselves as beams between the supporting connections.	5212

(P) "Railroad" means a carrier of persons or property	5213
operating upon rails placed principally on a private right-of-way.	5214

(Q) "Railroad train" means a steam engine or an electric or	5215
other motor, with or without cars coupled thereto, operated by a	5216
railroad.	5217

(R) "Streetcar" means a car, other than a railroad train, for	5218
transporting persons or property, operated upon rails principally	5219
within a street or highway.	5220

(S) "Trackless trolley" means every car that collects its	5221
power from overhead electric trolley wires and that is not	5222
operated upon rails or tracks.	5223

(T) "Explosives" means any chemical compound or mechanical	5224
mixture that is intended for the purpose of producing an explosion	5225
that contains any oxidizing and combustible units or other	5226
ingredients in such proportions, quantities, or packing that an	5227
ignition by fire, by friction, by concussion, by percussion, or by	5228
a detonator of any part of the compound or mixture may cause such	5229
a sudden generation of highly heated gases that the resultant	5230
gaseous pressures are capable of producing destructive effects on	5231
contiguous objects, or of destroying life or limb. Manufactured	5232
articles shall not be held to be explosives when the individual	5233
units contain explosives in such limited quantities, of such	5234
nature, or in such packing, that it is impossible to procure a	5235
simultaneous or a destructive explosion of such units, to the	5236
injury of life, limb, or property by fire, by friction, by	5237
concussion, by percussion, or by a detonator, such as fixed	5238
ammunition for small arms, firecrackers, or safety fuse matches.	5239

(U) "Flammable liquid" means any liquid that has a flash	5240
point of seventy degrees fahrenheit, or less, as determined by a	5241
tagliabue or equivalent closed cup test device.	5242

(V) "Gross weight" means the weight of a vehicle plus the	5243
weight of any load thereon.	5244

(W) "Person" means every natural person, firm,	5245
co-partnership, association, or corporation.	5246

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

5247

(Y) "Driver or operator" means every person who drives or is	5248
in actual physical control of a vehicle, trackless trolley, or	5249
streetcar.	5250

(Z) "Police officer" means every officer authorized to direct	5251
or regulate traffic, or to make arrests for violations of traffic	5252
regulations.	5253

(AA) "Local authorities" means every county, municipal, and	5254
other local board or body having authority to adopt police	5255
regulations under the constitution and laws of this state.	5256

(BB) "Street" or "highway" means the entire width between the	5257
boundary lines of every way open to the use of the public as a	5258
thoroughfare for purposes of vehicular travel.	5259

(CC) "Controlled-access highway" means every street or	5260
highway in respect to which owners or occupants of abutting lands	5261
and other persons have no legal right of access to or from the	5262
same except at such points only and in such manner as may be	5263
determined by the public authority having jurisdiction over such	5264
street or highway.	5265

(DD) "Private road or driveway" means every way or place in	5266
private ownership used for vehicular travel by the owner and those	5267
having express or implied permission from the owner but not by	5268
other persons.	5269

(EE) "Roadway" means that portion of a highway improved,	5270
designed, or ordinarily used for vehicular travel, except the berm	5271
or shoulder. If a highway includes two or more separate roadways	5272
the term "roadway" means any such roadway separately but not all	5273
such roadways collectively.	5274

(FF) "Sidewalk" means that portion of a street between the	5275
curb lines, or the lateral lines of a roadway, and the adjacent	5276
property lines, intended for the use of pedestrians.	5277

(GG) "Laned highway" means a highway the roadway of which is	5278
divided into two or more clearly marked lanes for vehicular	5279
traffic.	5280

(HH) "Through highway" means every street or highway as	5281
provided in section 4511.65 of the Revised Code.	5282

(II) "State highway" means a highway under the jurisdiction	5283
of the department of transportation, outside the limits of	5284
municipal corporations, provided that the authority conferred upon	5285
the director of transportation in section 5511.01 of the Revised	5286
Code to erect state highway route markers and signs directing	5287
traffic shall not be modified by sections 4511.01 to 4511.79 and	5288
4511.99 of the Revised Code.	5289

(JJ) "State route" means every highway that is designated	5290
with an official state route number and so marked.	5291

(KK) "Intersection" means:

5292

(1) The area embraced within the prolongation or connection	5293
of the lateral curb lines, or, if none, the lateral boundary lines	5294
of the roadways of two highways that join one another at, or	5295
approximately at, right angles, or the area within which vehicles	5296
traveling upon different highways that join at any other angle	5297
might come into conflict. The junction of an alley or driveway	5298
with a roadway or highway does not constitute an intersection	5299
unless the roadway or highway at the junction is controlled by a	5300
traffic control device.	5301

(2) If a highway includes two roadways that are thirty feet	5302
or more apart, then every crossing of each roadway of such divided	5303
highway by an intersecting highway constitutes a separate	5304
intersection. If both intersecting highways include two roadways	5305
thirty feet or more apart, then every crossing of any two roadways	5306
of such highways constitutes a separate intersection.	5307

(3) At a location controlled by a traffic control signal,	5308
regardless of the distance between the separate intersections as	5309
described in division (KK)(2) of this section:	5310

(a) If a stop line, yield line, or crosswalk has not been	5311
designated on the roadway within the median between the separate	5312
intersections, the two intersections and the roadway and median	5313
constitute one intersection.	5314

(b) Where a stop line, yield line, or crosswalk line is	5315
designated on the roadway on the intersection approach, the area	5316
within the crosswalk and any area beyond the designated stop line	5317
or yield line constitute part of the intersection.	5318

(c) Where a crosswalk is designated on a roadway on the	5319
departure from the intersection, the intersection includes the	5320
area that extends to the far side of the crosswalk.	5321

(LL) "Crosswalk" means:

5322

(1) That part of a roadway at intersections ordinarily	5323
included within the real or projected prolongation of property	5324
lines and curb lines or, in the absence of curbs, the edges of the	5325
traversable roadway;	5326

(2) Any portion of a roadway at an intersection or elsewhere,	5327
distinctly indicated for pedestrian crossing by lines or other	5328
markings on the surface;	5329

(3) Notwithstanding divisions (LL)(1) and (2) of this	5330
section, there shall not be a crosswalk where local authorities	5331
have placed signs indicating no crossing.	5332

(MM) "Safety zone" means the area or space officially set	5333
apart within a roadway for the exclusive use of pedestrians and	5334
protected or marked or indicated by adequate signs as to be	5335
plainly visible at all times.	5336

(NN) "Business district" means the territory fronting upon a	5337
street or highway, including the street or highway, between	5338
successive intersections within municipal corporations where fifty	5339
per cent or more of the frontage between such successive	5340
intersections is occupied by buildings in use for business, or	5341
within or outside municipal corporations where fifty per cent or	5342
more of the frontage for a distance of three hundred feet or more	5343
is occupied by buildings in use for business, and the character of	5344
such territory is indicated by official traffic control devices.	5345

(OO) "Residence district" means the territory, not comprising	5346
a business district, fronting on a street or highway, including	5347
the street or highway, where, for a distance of three hundred feet	5348
or more, the frontage is improved with residences or residences	5349
and buildings in use for business.	5350

(PP) "Urban district" means the territory contiguous to and	5351
including any street or highway which is built up with structures	5352
devoted to business, industry, or dwelling houses situated at	5353
intervals of less than one hundred feet for a distance of a	5354
quarter of a mile or more, and the character of such territory is	5355
indicated by official traffic control devices.	5356

(QQ) "Traffic control device" means a flagger, sign, signal,	5357
marking, or other device used to regulate, warn, or guide traffic,	5358
placed on, over, or adjacent to a street, highway, private road	5359
open to public travel, pedestrian facility, or shared-use path by	5360
authority of a public agency or official having jurisdiction, or,	5361
in the case of a private road open to public travel, by authority	5362
of the private owner or private official having jurisdiction.	5363

(RR) "Traffic control signal" means any highway traffic	5364
signal by which traffic is alternately directed to stop and	5365
permitted to proceed.	5366

(SS) "Railroad sign or signal" means any sign, signal, or	5367
device erected by authority of a public body or official or by a	5368
railroad and intended to give notice of the presence of railroad	5369
tracks or the approach of a railroad train.	5370

(TT) "Traffic" means pedestrians, ridden or herded animals,	5371
vehicles, streetcars, trackless trolleys, and other devices,	5372
either singly or together, while using for purposes of travel any	5373
highway or private road open to public travel.	5374

(UU) "Right-of-way" means either of the following, as the	5375
context requires:	5376

(1) The right of a vehicle, streetcar, trackless trolley, or	5377
pedestrian to proceed uninterruptedly in a lawful manner in the	5378
direction in which it or the individual is moving in preference to	5379
another vehicle, streetcar, trackless trolley, or pedestrian	5380
approaching from a different direction into its or the	5381
individual's path;	5382

(2) A general term denoting land, property, or the interest	5383
therein, usually in the configuration of a strip, acquired for or	5384
devoted to transportation purposes. When used in this context,	5385
right-of-way includes the roadway, shoulders or berm, ditch, and	5386
slopes extending to the right-of-way limits under the control of	5387
the state or local authority.	5388

(VV) "Rural mail delivery vehicle" means every vehicle used	5389
to deliver United States mail on a rural mail delivery route.	5390

(WW) "Funeral escort vehicle" means any motor vehicle,	5391
including a funeral hearse, while used to facilitate the movement	5392
of a funeral procession.	5393

(XX) "Alley" means a street or highway intended to provide	5394
access to the rear or side of lots or buildings in urban districts	5395
and not intended for the purpose of through vehicular traffic, and	5396
includes any street or highway that has been declared an "alley"	5397
by the legislative authority of the municipal corporation in which	5398
such street or highway is located.	5399

(YY) "Freeway" means a divided multi-lane highway for through	5400
traffic with all crossroads separated in grade and with full	5401
control of access.	5402

(ZZ) "Expressway" means a divided arterial highway for	5403
through traffic with full or partial control of access with an	5404
excess of fifty per cent of all crossroads separated in grade.	5405

(AAA) "Thruway" means a through highway whose entire roadway	5406
is reserved for through traffic and on which roadway parking is	5407
prohibited.	5408

(BBB) "Stop intersection" means any intersection at one or	5409
more entrances of which stop signs are erected.	5410

(CCC) "Arterial street" means any United States or state	5411
numbered route, controlled access highway, or other major radial	5412
or circumferential street or highway designated by local	5413
authorities within their respective jurisdictions as part of a	5414
major arterial system of streets or highways.	5415

(DDD) "Ridesharing arrangement" means the transportation of	5416
persons in a motor vehicle where such transportation is incidental	5417
to another purpose of a volunteer driver and includes ridesharing	5418
arrangements known as carpools, vanpools, and buspools.	5419

(EEE) "Motorized wheelchair" means any self-propelled vehicle	5420
designed for, and used by, a handicapped person and that is	5421
incapable of a speed in excess of eight miles per hour.	5422

(FFF) "Child day-care center" and "type A family day-care	5423
home" have the same meanings as in section 5104.01 of the Revised	5424
Code.	5425

(GGG) "Multi-wheel agricultural tractor" means a type of	5426
agricultural tractor that has two or more wheels or tires on each	5427
side of one axle at the rear of the tractor, is designed or used	5428
for drawing other vehicles or wheeled machinery, has no provision	5429
for carrying loads independently of the drawn vehicles or	5430
machinery, and is used principally for agricultural purposes.	5431

(HHH) "Operate" means to cause or have caused movement of a	5432
vehicle, streetcar, or trackless trolley.	5433

(III) "Predicate motor vehicle or traffic offense" means any	5434
of the following:	5435

(1) A violation of section 4511.03, 4511.051, 4511.12,	5436
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	5437
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	5438
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	5439
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	5440
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	5441
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	5442
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	5443
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	5444
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	5445
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	5446

(2) A violation of division (A)(2) of section 4511.17,	5447
divisions (A) to (D) of section 4511.51, or division (A) of	5448
section 4511.74 of the Revised Code;	5449

(3) A violation of any provision of sections 4511.01 to	5450
4511.76 of the Revised Code for which no penalty otherwise is	5451
provided in the section that contains the provision violated;	5452

(4) A violation of a municipal ordinance that is	5453
substantially similar to any section or provision set forth or	5454
described in division (III)(1), (2), or (3) of this section.	5455

(JJJ) "Road service vehicle" means wreckers, utility repair	5456
vehicles, and state, county, and municipal service vehicles	5457
equipped with visual signals by means of flashing, rotating, or	5458
oscillating lights.	5459

(KKK) "Beacon" means a highway traffic signal with one or	5460
more signal sections that operate in a flashing mode.	5461

(LLL) "Hybrid beacon" means a type of beacon that is	5462
intentionally placed in a dark mode between periods of operation	5463
where no indications are displayed and, when in operation,	5464
displays both steady and flashing traffic control signal	5465
indications.	5466

(MMM) "Highway traffic signal" means a power-operated traffic	5467
control device by which traffic is warned or directed to take some	5468
specific action. "Highway traffic signal" does not include a	5469
power-operated sign, steadily illuminated pavement marker, warning	5470
light, or steady burning electric lamp.	5471

(NNN) "Median" means the area between two roadways of a	5472
divided highway, measured from edge of traveled way to edge of	5473
traveled way, but excluding turn lanes. The width of a median may	5474
be different between intersections, between interchanges, and at	5475
opposite approaches of the same intersection.	5476

(OOO) "Private road open to public travel" means a private	5477
toll road or road, including any adjacent sidewalks that generally	5478
run parallel to the road, within a shopping center, airport,	5479
sports arena, or other similar business or recreation facility	5480
that is privately owned but where the public is allowed to travel	5481
without access restrictions. "Private road open to public travel"	5482
includes a gated toll road but does not include a road within a	5483
private gated property where access is restricted at all times, a	5484
parking area, a driving aisle within a parking area, or a private	5485
grade crossing.	5486

(PPP) "Shared-use path" means a bikeway outside the traveled	5487
way and physically separated from motorized vehicular traffic by	5488
an open space or barrier and either within the highway	5489
right-of-way or within an independent alignment. A shared-use path	5490
also may be used by pedestrians, including skaters, joggers, users	5491
of manual and motorized wheelchairs, and other authorized	5492
motorized and non-motorized users.	5493

Sec. 4511.13. Highway traffic signal indications for	5494
vehicles and pedestrians shall have the following meanings:	5495

(A) Steady green signal indication:

5496

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5497
facing a circular green signal indication are permitted to proceed	5498
straight through or turn right or left or make a u-turn movement	5499
except as such movement is modified by a lane-use sign, turn	5500
prohibition sign, lane marking, roadway design, separate turn	5501
signal indication, or other traffic control device. Such vehicular	5502
traffic, including vehicles turning right or left or making a	5503
u-turn movement, shall yield the right-of-way to both of the	5504
following:	5505

(i) Pedestrians lawfully within an associated crosswalk;

5506

(ii) Other vehicles lawfully within the intersection.

5507

(b) In addition, vehicular traffic turning left or making a	5508
u-turn movement to the left shall yield the right-of-way to other	5509
vehicles approaching from the opposite direction so closely as to	5510
constitute an immediate hazard during the time when such turning	5511
vehicle is moving across or within the intersection.	5512

(2) Vehicular traffic, streetcars, and trackless trolleys	5513
facing a green arrow signal indication, displayed alone or in	5514
combination with another signal indication, are permitted to	5515
cautiously enter the intersection only to make the movement	5516
indicated by such arrow, or such other movement as is permitted by	5517
other indications displayed at the same time. Such vehicular	5518
traffic, streetcars, and trackless trolleys, including vehicles	5519
turning right or left or making a u-turn movement, shall yield the	5520
right-of-way to both of the following:	5521

(a) Pedestrians lawfully within an associated crosswalk;

5522

(b) Other traffic lawfully using the intersection.

5523

(3)(a) Unless otherwise directed by a pedestrian signal	5524
indication, as provided in section 4511.14 of the Revised Code,	5525
pedestrians facing a circular green signal indication are	5526
permitted to proceed across the roadway within any marked or	5527
unmarked associated crosswalk. The pedestrian shall yield the	5528
right-of-way to vehicles lawfully within the intersection or so	5529
close as to create an immediate hazard at the time that the green	5530
signal indication is first displayed.	5531

(b) Pedestrians facing a green arrow signal indication,	5532
unless otherwise directed by a pedestrian signal indication or	5533
other traffic control device, shall not cross the roadway.	5534

(B) Steady yellow signal indication:

5535

(1) Vehicular traffic, streetcars, and trackless trolleys	5536
facing a steady circular yellow signal indication are thereby	5537
warned that the related green movement or the related flashing	5538
arrow movement is being terminated or that a steady red signal	5539
indication will be exhibited immediately thereafter when vehicular	5540
traffic, streetcars, and trackless trolleys shall not enter the	5541
intersection. The provisions governing vehicular operation under	5542
the movement being terminated shall continue to apply while the	5543
steady circular yellow signal indication is displayed.	5544

(2) Vehicular traffic facing a steady yellow arrow signal	5545
indication is thereby warned that the related green arrow movement	5546
or the related flashing arrow movement is being terminated. The	5547
provisions governing vehicular operation under the movement being	5548
terminated shall continue to apply while the steady yellow arrow	5549
signal indication is displayed.	5550

(3) Pedestrians facing a steady circular yellow or yellow	5551
arrow signal indication, unless otherwise directed by a pedestrian	5552
signal indication as provided in section 4511.14 of the Revised	5553
Code or other traffic control device, shall not start to cross the	5554
roadway.	5555

5556

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	5557
facing a steady circular red signal indication, unless entering	5558
the intersection to make another movement permitted by another	5559
signal indication, shall stop at a clearly marked stop line; but	5560
if there is no stop line, traffic shall stop before entering the	5561
crosswalk on the near side of the intersection; or if there is no	5562
crosswalk, then before entering the intersection; and shall remain	5563
stopped until a signal indication to proceed is displayed except	5564
as provided in divisions (C)(1), (2), and (3) of this section.	5565

(b) Except when a traffic control device is in place	5566
prohibiting a turn on red or a steady red arrow signal indication	5567
is displayed, vehicular traffic facing a steady circular red	5568
signal indication is permitted, after stopping, to enter the	5569
intersection to turn right, or to turn left from a one-way street,	5570
~~after stopping~~into a one-way street. The right to proceed with	5571
the turn shall be subject to the provisions that are applicable	5572
after making a stop at a stop sign.	5573

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	5574
facing a steady red arrow signal indication shall not enter the	5575
intersection to make the movement indicated by the arrow and,	5576
unless entering the intersection to make another movement	5577
permitted by another signal indication, shall stop at a clearly	5578
marked stop line; but if there is no stop line, before entering	5579
the crosswalk on the near side of the intersection; or if there is	5580
no crosswalk, then before entering the intersection; and shall	5581
remain stopped until a signal indication or other traffic control	5582
device permitting the movement indicated by such red arrow is	5583
displayed.	5584

(b) When a traffic control device is in place permitting a	5585
turn on a steady red arrow signal indication, vehicular traffic	5586
facing a steady red arrow indication is permitted, after stopping,	5587
to enter the intersection to ~~make the movement indicated by the~~	5588
~~arrow signal indication, after stopping~~turn right, or to turn	5589
left from a one-way street into a one-way street. The right to	5590
proceed with the turn shall be limited to the direction indicated	5591
by the arrow and shall be subject to the provisions that are	5592
applicable after making a stop at a stop sign.	5593

(3) Unless otherwise directed by a pedestrian signal	5594
indication as provided in section 4511.14 of the Revised Code or	5595
other traffic control device, pedestrians facing a steady circular	5596
red or steady red arrow signal indication shall not enter the	5597
roadway.	5598

(4) Local authorities by ordinance, or the director of	5599
transportation on state highways, may prohibit a right or a left	5600
turn against a steady red signal at any intersection, which shall	5601
be effective when signs giving notice thereof are posted at the	5602
intersection.	5603

(D) A flashing green signal indication has no meaning and	5604
shall not be used.	5605

(E) Flashing yellow signal indication:

5606

(1)(a) Vehicular traffic, on an approach to an intersection,	5607
facing a flashing circular yellow signal indication, is permitted	5608
to cautiously enter the intersection to proceed straight through	5609
or turn right or left or make a u-turn movement except as such	5610
movement is modified by lane-use signs, turn prohibition signs,	5611
lane markings, roadway design, separate turn signal indications,	5612
or other traffic control devices. Such vehicular traffic,	5613
including vehicles turning right or left or making a u-turn	5614
movement, shall yield the right-of-way to both of the following:	5615

(i) Pedestrians lawfully within an associated crosswalk;

5616

(ii) Other vehicles lawfully within the intersection.

5617

(b) In addition, vehicular traffic turning left or making a	5618
u-turn to the left shall yield the right-of-way to other vehicles	5619
approaching from the opposite direction so closely as to	5620
constitute an immediate hazard during the time when such turning	5621
vehicle is moving across or within the intersection.	5622

(2)(a) Vehicular traffic, on an approach to an intersection,	5623
facing a flashing yellow arrow signal indication, displayed alone	5624
or in combination with another signal indication, is permitted to	5625
cautiously enter the intersection only to make the movement	5626
indicated by such arrow, or other such movement as is permitted by	5627
other signal indications displayed at the same time. Such	5628
vehicular traffic, including vehicles turning right or left or	5629
making a u-turn, shall yield the right-of-way to both of the	5630
following:	5631

(i) Pedestrians lawfully within an associated crosswalk;

5632

(ii) Other vehicles lawfully within the intersection.

5633

(b) In addition, vehicular traffic turning left or making a	5634
u-turn to the left shall yield the right-of-way to other vehicles	5635
approaching from the opposite direction so closely as to	5636
constitute an immediate hazard during the time when such turning	5637
vehicle is moving across or within the intersection.	5638

(3) Pedestrians facing any flashing yellow signal indication	5639
at an intersection, unless otherwise directed by a pedestrian	5640
signal indication or other traffic control device, are permitted	5641
to proceed across the roadway within any marked or unmarked	5642
associated crosswalk. Pedestrians shall yield the right-of-way to	5643
vehicles lawfully within the intersection at the time that the	5644
flashing yellow signal indication is first displayed.	5645

(4) When a flashing circular yellow signal indication is	5646
displayed as a beacon to supplement another traffic control	5647
device, road users are notified that there is a need to pay	5648
additional attention to the message contained thereon or that the	5649
regulatory or warning requirements of the other traffic control	5650
device, which might not be applicable at all times, are currently	5651
applicable.	5652

(F) Flashing red signal indication:

5653

(1) Vehicular traffic, on an approach to an intersection,	5654
facing a flashing circular red signal indication, shall stop at a	5655
clearly marked stop line; but if there is no stop line, before	5656
entering the crosswalk on the near side of the intersection; or if	5657
there is no crosswalk, at the point nearest the intersecting	5658
roadway where the driver has a view of approaching traffic on the	5659
intersecting roadway before entering the intersection. The right	5660
to proceed shall be subject to the provisions that are applicable	5661
after making a stop at a stop sign.	5662

(2) Pedestrians facing any flashing red signal indication at	5663
an intersection, unless otherwise directed by a pedestrian signal	5664
indication or other traffic control device, are permitted to	5665
proceed across the roadway within any marked or unmarked	5666
associated crosswalk. Pedestrians shall yield the right-of-way to	5667
vehicles lawfully within the intersection at the time that the	5668
flashing red signal indication is first displayed.	5669

(3) When a flashing circular red signal indication is	5670
displayed as a beacon to supplement another traffic control	5671
device, road users are notified that there is a need to pay	5672
additional attention to the message contained thereon or that the	5673
regulatory requirements of the other traffic control device, which	5674
might not be applicable at all times, are currently applicable.	5675
Use of this signal indication shall be limited to supplementing	5676
stop, do not enter, or wrong way signs, and to applications where	5677
compliance with the supplemented traffic control device requires a	5678
stop at a designated point.	5679

(G) In the event an official traffic-control signal is	5680
erected and maintained at a place other than an intersection, the	5681
provisions of this section shall be applicable except as to those	5682
provisions which by their nature can have no application. Any stop	5683
required shall be made at a sign or marking on the pavement	5684
indicating where the stop shall be made, but in the absence of any	5685
such sign or marking the stop shall be made at the signal.	5686

(H) This section does not apply at railroad grade crossings.	5687
Conduct of drivers of vehicles, trackless trolleys, and streetcars	5688
approaching railroad grade crossings shall be governed by sections	5689
4511.61 and 4511.62 of the Revised Code.	5690

Sec. 4511.21. (A) No person shall operate a motor vehicle,	5691
trackless trolley, or streetcar at a speed greater or less than is	5692
reasonable or proper, having due regard to the traffic, surface,	5693
and width of the street or highway and any other conditions, and	5694
no person shall drive any motor vehicle, trackless trolley, or	5695
streetcar in and upon any street or highway at a greater speed	5696
than will permit the person to bring it to a stop within the	5697
assured clear distance ahead.	5698

(B) It is prima-facie lawful, in the absence of a lower limit	5699
declared or established pursuant to this section by the director	5700
of transportation or local authorities, for the operator of a	5701
motor vehicle, trackless trolley, or streetcar to operate the same	5702
at a speed not exceeding the following:	5703

(1)(a) Twenty miles per hour in school zones during school	5704
recess and while children are going to or leaving school during	5705
the opening or closing hours, and when twenty miles per hour	5706
school speed limit signs are erected; except that, on	5707
controlled-access highways and expressways, if the right-of-way	5708
line fence has been erected without pedestrian opening, the speed	5709
shall be governed by division (B)(4) of this section and on	5710
freeways, if the right-of-way line fence has been erected without	5711
pedestrian opening, the speed shall be governed by divisions	5712
(B)(9) and (10) of this section. The end of every school zone may	5713
be marked by a sign indicating the end of the zone. Nothing in	5714
this section or in the manual and specifications for a uniform	5715
system of traffic control devices shall be construed to require	5716
school zones to be indicated by signs equipped with flashing or	5717
other lights, or giving other special notice of the hours in which	5718
the school zone speed limit is in effect.	5719

(b) As used in this section and in section 4511.212 of the	5720
Revised Code, "school" means any school chartered under section	5721
3301.16 of the Revised Code and any nonchartered school that	5722
during the preceding year filed with the department of education	5723
in compliance with rule 3301-35-08 of the Ohio Administrative	5724
Code, a copy of the school's report for the parents of the	5725
school's pupils certifying that the school meets Ohio minimum	5726
standards for nonchartered, nontax-supported schools and presents	5727
evidence of this filing to the jurisdiction from which it is	5728
requesting the establishment of a school zone. "School" also	5729
includes a special elementary school that in writing requests the	5730
county engineer of the county in which the special elementary	5731
school is located to create a school zone at the location of that	5732
school. Upon receipt of such a written request, the county	5733
engineer shall create a school zone at that location by erecting	5734
the appropriate signs.	5735

(c) As used in this section, "school zone" means that portion	5736
of a street or highway passing a school fronting upon the street	5737
or highway that is encompassed by projecting the school property	5738
lines to the fronting street or highway, and also includes that	5739
portion of a state highway. Upon request from local authorities	5740
for streets and highways under their jurisdiction and that portion	5741
of a state highway under the jurisdiction of the director of	5742
transportation or a request from a county engineer in the case of	5743
a school zone for a special elementary school, the director may	5744
extend the traditional school zone boundaries. The distances in	5745
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not	5746
exceed three hundred feet per approach per direction and are	5747
bounded by whichever of the following distances or combinations	5748
thereof the director approves as most appropriate:	5749

(i) The distance encompassed by projecting the school	5750
building lines normal to the fronting highway and extending a	5751
distance of three hundred feet on each approach direction;	5752

(ii) The distance encompassed by projecting the school	5753
property lines intersecting the fronting highway and extending a	5754
distance of three hundred feet on each approach direction;	5755

(iii) The distance encompassed by the special marking of the	5756
pavement for a principal school pupil crosswalk plus a distance of	5757
three hundred feet on each approach direction of the highway.	5758

Nothing in this section shall be construed to invalidate the	5759
director's initial action on August 9, 1976, establishing all	5760
school zones at the traditional school zone boundaries defined by	5761
projecting school property lines, except when those boundaries are	5762
extended as provided in divisions (B)(1)(a) and (c) of this	5763
section.	5764

(d) As used in this division, "crosswalk" has the meaning	5765
given that term in division (LL)(2) of section 4511.01 of the	5766
Revised Code.	5767

The director may, upon request by resolution of the	5768
legislative authority of a municipal corporation, the board of	5769
trustees of a township, or a county board of developmental	5770
disabilities created pursuant to Chapter 5126. of the Revised	5771
Code, and upon submission by the municipal corporation, township,	5772
or county board of such engineering, traffic, and other	5773
information as the director considers necessary, designate a	5774
school zone on any portion of a state route lying within the	5775
municipal corporation, lying within the unincorporated territory	5776
of the township, or lying adjacent to the property of a school	5777
that is operated by such county board, that includes a crosswalk	5778
customarily used by children going to or leaving a school during	5779
recess and opening and closing hours, whenever the distance, as	5780
measured in a straight line, from the school property line nearest	5781
the crosswalk to the nearest point of the crosswalk is no more	5782
than one thousand three hundred twenty feet. Such a school zone	5783
shall include the distance encompassed by the crosswalk and	5784
extending three hundred feet on each approach direction of the	5785
state route.	5786

(e) As used in this section, "special elementary school"	5787
means a school that meets all of the following criteria:	5788

(i) It is not chartered and does not receive tax revenue from	5789
any source.	5790

(ii) It does not educate children beyond the eighth grade.

5791

(iii) It is located outside the limits of a municipal	5792
corporation.	5793

(iv) A majority of the total number of students enrolled at	5794
the school are not related by blood.	5795

(v) The principal or other person in charge of the special	5796
elementary school annually sends a report to the superintendent of	5797
the school district in which the special elementary school is	5798
located indicating the total number of students enrolled at the	5799
school, but otherwise the principal or other person in charge does	5800
not report any other information or data to the superintendent.	5801

(2) Twenty-five miles per hour in all other portions of a	5802
municipal corporation, except on state routes outside business	5803
districts, through highways outside business districts, and	5804
alleys;	5805

(3) Thirty-five miles per hour on all state routes or through	5806
highways within municipal corporations outside business districts,	5807
except as provided in divisions (B)(4) and (6) of this section;	5808

(4) Fifty miles per hour on controlled-access highways and	5809
expressways within municipal corporations;	5810

(5) Fifty-five miles per hour on highways outside municipal	5811
corporations, other than highways within island jurisdictions as	5812
provided in division (B)(8) of this section, highways as provided	5813
in division (B)(9) of this section, and freeways as provided in	5814
divisions (B)(13) ~~and (14)~~, (16), and (17) of this section;	5815

(6) Fifty miles per hour on state routes within municipal	5816
corporations outside urban districts unless a lower prima-facie	5817
speed is established as further provided in this section;	5818

(7) Fifteen miles per hour on all alleys within the municipal	5819
corporation;	5820

(8) Thirty-five miles per hour on highways outside municipal	5821
corporations that are within an island jurisdiction;	5822

(9) Sixty miles per hour on two-lane state routes outside	5823
municipal corporations.	5824

(10) Fifty-five miles per hour at all times on freeways with	5825
paved shoulders inside municipal corporations, other than freeways	5826
as provided in divisions (B)(13) ~~and (14)~~, (16), and (17) of this	5827
section;	5828

~~(10)~~(11) Fifty-five miles per hour at all times on freeways	5829
outside municipal corporations, other than freeways as provided in	5830
divisions (B)(13) ~~and (14)~~, (16), and (17) of this section;	5831

~~(11)~~(12) Fifty-five miles per hour at all times ~~on all~~	5832
~~portions of freeways that are part of the interstate system and~~ on	5833
all portions of freeways that are not part of the interstate	5834
system, but are built to the standards and specifications that are	5835
applicable to freeways that are part of the interstate system for	5836
operators of any motor vehicle weighing in excess of eight	5837
thousand pounds empty weight and any noncommercial bus~~, except as~~	5838
~~provided in division (B)(14) of this section~~;	5839

~~(12)~~(13) Fifty-five miles per hour for operators of any motor	5840
vehicle weighing eight thousand pounds or less empty weight and	5841
any commercial bus at all times on all portions of freeways that	5842
~~are part of the interstate system and that had such a speed limit~~	5843
~~established prior to October 1, 1995, and freeways that~~ are not	5844
part of the interstate system, but are built to the standards and	5845
specifications that are applicable to freeways that are part of	5846
the interstate system and that had such a speed limit established	5847
prior to October 1, 1995, unless a higher speed limit is	5848
established under division (L) of this section;	5849

~~(13)~~(14) Sixty-five miles per hour for operators of any motor	5850
vehicle weighing eight thousand pounds or less empty weight and	5851
any commercial bus at all times on all portions of the following:	5852

(a) Freeways ~~that are part of the interstate system and that~~	5853
~~had such a speed limit established prior to October 1, 1995, and~~	5854
~~freeways~~ that are not part of the interstate system, but are built	5855
to the standards and specifications that are applicable to	5856
freeways that are part of the interstate system and that had such	5857
a speed limit established prior to October 1, 1995;	5858

(b) Freeways ~~that are part of the interstate system and~~	5859
~~freeways~~ that are not part of the interstate system but are built	5860
to the standards and specifications that are applicable to	5861
freeways that are part of the interstate system, and that had such	5862
a speed limit established under division (L) of this section;	5863

(c) Rural, divided, multi-lane highways that are designated	5864
as part of the national highway system under the "National Highway	5865
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	5866
and that had such a speed limit established under division (M) of	5867
this section.	5868

~~(14) Sixty-five~~(15) Fifty-five miles per hour for operators	5869
of any motor vehicle at all times on all portions of freeways in	5870
congested areas as determined by the director and that are part of	5871
the interstate system and are located within a municipal	5872
corporation or within an interstate freeway outerbelt;	5873

(16) Sixty-five miles per hour for operators of any motor	5874
vehicle at all times on all portions of freeways in urban areas as	5875
determined by the director and that are part of the interstate	5876
system and are part of an interstate freeway outerbelt;	5877

(17) Seventy miles per hour at all times on all portions of	5878
freeways that are part of the interstate system and ~~that had such~~	5879
~~a speed limit on the effective date of this amendment~~are outside	5880
urbanized areas, as designated in accordance with 23 U.S.C. 101,	5881
for operators of ~~any~~all motor ~~vehicle weighing in excess of eight~~	5882
~~thousand pounds empty weight and any noncommercial bus~~vehicles.	5883

(C) It is prima-facie unlawful for any person to exceed any	5884
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	5885
(6), (7), and (8) of this section, or any declared or established	5886
pursuant to this section by the director or local authorities and	5887
it is unlawful for any person to exceed any of the speed	5888
limitations in division (D) of this section. No person shall be	5889
convicted of more than one violation of this section for the same	5890
conduct, although violations of more than one provision of this	5891
section may be charged in the alternative in a single affidavit.	5892

(D) No person shall operate a motor vehicle, trackless	5893
trolley, or streetcar upon a street or highway as follows:	5894

(1) At a speed exceeding fifty-five miles per hour, except	5895
upon a two-lane state route as provided in division (B)(9) of this	5896
section and upon a freeway as provided in divisions (B)(13) ~~and~~	5897
~~(14)~~, (16), and (17) of this section;	5898

(2) At a speed exceeding sixty miles per hour upon a two-lane	5899
state route as provided in division (B)(9) of this section.	5900

(3) At a speed exceeding sixty-five miles per hour upon a	5901
freeway as provided in division (B)(16) of this section, except	5902
upon a freeway as provided in division (B)(17) of this section;	5903

(4) At a speed exceeding ~~sixty-five~~seventy miles per hour	5904
upon a freeway as provided in ~~divisions~~division (B)~~(13) and~~	5905
~~(14)~~(17) of this section;	5906

~~(3)~~(5) If a motor vehicle weighing in excess of eight	5907
thousand pounds empty weight or a noncommercial bus as prescribed	5908
in division (B)(11) of this section, at a speed exceeding	5909
fifty-five miles per hour, except upon a freeway as provided in	5910
~~that division~~divisions (B)(16) and (17) of this section;	5911

~~(4)~~(6) At a speed exceeding the posted speed limit upon a	5912
freeway for which the director has determined and declared a speed	5913
limit of not more than sixty-five miles per hour pursuant to	5914
division (L)(2) or (M) of this section;	5915

~~(5)~~(7) At a speed exceeding sixty-five miles per hour upon a	5916
freeway for which such a speed limit has been established through	5917
the operation of division (L)(3) of this section;	5918

~~(6)~~(8) At a speed exceeding the posted speed limit upon a	5919
freeway for which the director has determined and declared a speed	5920
limit pursuant to division (I)(2) of this section.	5921

(E) In every charge of violation of this section the	5922
affidavit and warrant shall specify the time, place, and speed at	5923
which the defendant is alleged to have driven, and in charges made	5924
in reliance upon division (C) of this section also the speed which	5925
division (B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit	5926
declared or established pursuant to, this section declares is	5927
prima-facie lawful at the time and place of such alleged	5928
violation, except that in affidavits where a person is alleged to	5929
have driven at a greater speed than will permit the person to	5930
bring the vehicle to a stop within the assured clear distance	5931
ahead the affidavit and warrant need not specify the speed at	5932
which the defendant is alleged to have driven.	5933

(F) When a speed in excess of both a prima-facie limitation	5934
and a limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~ of	5935
this section is alleged, the defendant shall be charged in a	5936
single affidavit, alleging a single act, with a violation	5937
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or	5938
(8) of this section, or of a limit declared or established	5939
pursuant to this section by the director or local authorities, and	5940
of the limitation in division (D)~~(1), (2), (3), (4), (5), or (6)~~	5941
of this section. If the court finds a violation of division	5942
(B)(1)(a), (2), (3), (4), (6), (7), or (8) of, or a limit declared	5943
or established pursuant to, this section has occurred, it shall	5944
enter a judgment of conviction under such division and dismiss the	5945
charge under division (D)~~(1), (2), (3), (4), (5), or (6)~~ of this	5946
section. If it finds no violation of division (B)(1)(a), (2), (3),	5947
(4), (6), (7), or (8) of, or a limit declared or established	5948
pursuant to, this section, it shall then consider whether the	5949
evidence supports a conviction under division (D)~~(1), (2), (3),~~	5950
~~(4), (5), or (6)~~ of this section.	5951

(G) Points shall be assessed for violation of a limitation	5952
under division (D) of this section in accordance with section	5953
4510.036 of the Revised Code.	5954

(H) Whenever the director determines upon the basis of a	5955
geometric and traffic characteristic study that any speed limit	5956
set forth in divisions (B)(1)(a) to (D) of this section is greater	5957
or less than is reasonable or safe under the conditions found to	5958
exist at any portion of a street or highway under the jurisdiction	5959
of the director, the director shall determine and declare a	5960
reasonable and safe prima-facie speed limit, which shall be	5961
effective when appropriate signs giving notice of it are erected	5962
at the location.	5963

(I)(1) Except as provided in divisions (I)(2) and (K) of this	5964
section, whenever local authorities determine upon the basis of an	5965
engineering and traffic investigation that the speed permitted by	5966
divisions (B)(1)(a) to (D) of this section, on any part of a	5967
highway under their jurisdiction, is greater than is reasonable	5968
and safe under the conditions found to exist at such location, the	5969
local authorities may by resolution request the director to	5970
determine and declare a reasonable and safe prima-facie speed	5971
limit. Upon receipt of such request the director may determine and	5972
declare a reasonable and safe prima-facie speed limit at such	5973
location, and if the director does so, then such declared speed	5974
limit shall become effective only when appropriate signs giving	5975
notice thereof are erected at such location by the local	5976
authorities. The director may withdraw the declaration of a	5977
prima-facie speed limit whenever in the director's opinion the	5978
altered prima-facie speed becomes unreasonable. Upon such	5979
withdrawal, the declared prima-facie speed shall become	5980
ineffective and the signs relating thereto shall be immediately	5981
removed by the local authorities.	5982

(2) A local authority may determine on the basis of a	5983
geometric and traffic characteristic study that the speed limit of	5984
sixty-five miles per hour on a portion of a freeway under its	5985
jurisdiction that was established through the operation of	5986
division (L)(3) of this section is greater than is reasonable or	5987
safe under the conditions found to exist at that portion of the	5988
freeway. If the local authority makes such a determination, the	5989
local authority by resolution may request the director to	5990
determine and declare a reasonable and safe speed limit of not	5991
less than fifty-five miles per hour for that portion of the	5992
freeway. If the director takes such action, the declared speed	5993
limit becomes effective only when appropriate signs giving notice	5994
of it are erected at such location by the local authority.	5995

(J) Local authorities in their respective jurisdictions may	5996
authorize by ordinance higher prima-facie speeds than those stated	5997
in this section upon through highways, or upon highways or	5998
portions thereof where there are no intersections, or between	5999
widely spaced intersections, provided signs are erected giving	6000
notice of the authorized speed, but local authorities shall not	6001
modify or alter the basic rule set forth in division (A) of this	6002
section or in any event authorize by ordinance a speed in excess	6003
of fifty miles per hour.	6004

Alteration of prima-facie limits on state routes by local	6005
authorities shall not be effective until the alteration has been	6006
approved by the director. The director may withdraw approval of	6007
any altered prima-facie speed limits whenever in the director's	6008
opinion any altered prima-facie speed becomes unreasonable, and	6009
upon such withdrawal, the altered prima-facie speed shall become	6010
ineffective and the signs relating thereto shall be immediately	6011
removed by the local authorities.	6012

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	6013
section, "unimproved highway" means a highway consisting of any of	6014
the following:	6015

(a) Unimproved earth;

6016

(b) Unimproved graded and drained earth;

6017

6018

(2) Except as otherwise provided in divisions (K)(4) and (5)	6019
of this section, whenever a board of township trustees determines	6020
upon the basis of an engineering and traffic investigation that	6021
the speed permitted by division (B)(5) of this section on any part	6022
of an unimproved highway under its jurisdiction and in the	6023
unincorporated territory of the township is greater than is	6024
reasonable or safe under the conditions found to exist at the	6025
location, the board may by resolution declare a reasonable and	6026
safe prima-facie speed limit of fifty-five but not less than	6027
twenty-five miles per hour. An altered speed limit adopted by a	6028
board of township trustees under this division becomes effective	6029
when appropriate traffic control devices, as prescribed in section	6030
4511.11 of the Revised Code, giving notice thereof are erected at	6031
the location, which shall be no sooner than sixty days after	6032
adoption of the resolution.	6033

(3)(a) Whenever, in the opinion of a board of township	6034
trustees, any altered prima-facie speed limit established by the	6035
board under this division becomes unreasonable, the board may	6036
adopt a resolution withdrawing the altered prima-facie speed	6037
limit. Upon the adoption of such a resolution, the altered	6038
prima-facie speed limit becomes ineffective and the traffic	6039
control devices relating thereto shall be immediately removed.	6040

(b) Whenever a highway ceases to be an unimproved highway and	6041
the board has adopted an altered prima-facie speed limit pursuant	6042
to division (K)(2) of this section, the board shall, by	6043
resolution, withdraw the altered prima-facie speed limit as soon	6044
as the highway ceases to be unimproved. Upon the adoption of such	6045
a resolution, the altered prima-facie speed limit becomes	6046
ineffective and the traffic control devices relating thereto shall	6047
be immediately removed.	6048

(4)(a) If the boundary of two townships rests on the	6049
centerline of an unimproved highway in unincorporated territory	6050
and both townships have jurisdiction over the highway, neither of	6051
the boards of township trustees of such townships may declare an	6052
altered prima-facie speed limit pursuant to division (K)(2) of	6053
this section on the part of the highway under their joint	6054
jurisdiction unless the boards of township trustees of both of the	6055
townships determine, upon the basis of an engineering and traffic	6056
investigation, that the speed permitted by division (B)(5) of this	6057
section is greater than is reasonable or safe under the conditions	6058
found to exist at the location and both boards agree upon a	6059
reasonable and safe prima-facie speed limit of less than	6060
fifty-five but not less than twenty-five miles per hour for that	6061
location. If both boards so agree, each shall follow the procedure	6062
specified in division (K)(2) of this section for altering the	6063
prima-facie speed limit on the highway. Except as otherwise	6064
provided in division (K)(4)(b) of this section, no speed limit	6065
altered pursuant to division (K)(4)(a) of this section may be	6066
withdrawn unless the boards of township trustees of both townships	6067
determine that the altered prima-facie speed limit previously	6068
adopted becomes unreasonable and each board adopts a resolution	6069
withdrawing the altered prima-facie speed limit pursuant to the	6070
procedure specified in division (K)(3)(a) of this section.	6071

(b) Whenever a highway described in division (K)(4)(a) of	6072
this section ceases to be an unimproved highway and two boards of	6073
township trustees have adopted an altered prima-facie speed limit	6074
pursuant to division (K)(4)(a) of this section, both boards shall,	6075
by resolution, withdraw the altered prima-facie speed limit as	6076
soon as the highway ceases to be unimproved. Upon the adoption of	6077
the resolution, the altered prima-facie speed limit becomes	6078
ineffective and the traffic control devices relating thereto shall	6079
be immediately removed.	6080

(5) As used in division (K)(5) of this section:

6081

(a) "Commercial subdivision" means any platted territory	6082
outside the limits of a municipal corporation and fronting a	6083
highway where, for a distance of three hundred feet or more, the	6084
frontage is improved with buildings in use for commercial	6085
purposes, or where the entire length of the highway is less than	6086
three hundred feet long and the frontage is improved with	6087
buildings in use for commercial purposes.	6088

(b) "Residential subdivision" means any platted territory	6089
outside the limits of a municipal corporation and fronting a	6090
highway, where, for a distance of three hundred feet or more, the	6091
frontage is improved with residences or residences and buildings	6092
in use for business, or where the entire length of the highway is	6093
less than three hundred feet long and the frontage is improved	6094
with residences or residences and buildings in use for business.	6095

Whenever a board of township trustees finds upon the basis of	6096
an engineering and traffic investigation that the prima-facie	6097
speed permitted by division (B)(5) of this section on any part of	6098
a highway under its jurisdiction that is located in a commercial	6099
or residential subdivision, except on highways or portions thereof	6100
at the entrances to which vehicular traffic from the majority of	6101
intersecting highways is required to yield the right-of-way to	6102
vehicles on such highways in obedience to stop or yield signs or	6103
traffic control signals, is greater than is reasonable and safe	6104
under the conditions found to exist at the location, the board may	6105
by resolution declare a reasonable and safe prima-facie speed	6106
limit of less than fifty-five but not less than twenty-five miles	6107
per hour at the location. An altered speed limit adopted by a	6108
board of township trustees under this division shall become	6109
effective when appropriate signs giving notice thereof are erected	6110
at the location by the township. Whenever, in the opinion of a	6111
board of township trustees, any altered prima-facie speed limit	6112
established by it under this division becomes unreasonable, it may	6113
adopt a resolution withdrawing the altered prima-facie speed, and	6114
upon such withdrawal, the altered prima-facie speed shall become	6115
ineffective, and the signs relating thereto shall be immediately	6116
removed by the township.	6117

(L)(1) Within one hundred twenty days of February 29, 1996,	6118
the director of transportation, based upon a geometric and traffic	6119
characteristic study of a freeway that is part of the interstate	6120
system or that is not part of the interstate system, but is built	6121
to the standards and specifications that are applicable to	6122
freeways that are part of the interstate system, in consultation	6123
with the director of public safety and, if applicable, the local	6124
authority having jurisdiction over a portion of such freeway, may	6125
determine and declare that the speed limit of less than sixty-five	6126
miles per hour established on such freeway or portion of freeway	6127
either is reasonable and safe or is less than that which is	6128
reasonable and safe.	6129

(2) If the established speed limit for such a freeway or	6130
portion of freeway is determined to be less than that which is	6131
reasonable and safe, the director of transportation, in	6132
consultation with the director of public safety and, if	6133
applicable, the local authority having jurisdiction over the	6134
portion of freeway, shall determine and declare a reasonable and	6135
safe speed limit of not more than sixty-five miles per hour for	6136
that freeway or portion of freeway.	6137

The director of transportation or local authority having	6138
jurisdiction over the freeway or portion of freeway shall erect	6139
appropriate signs giving notice of the speed limit at such	6140
location within one hundred fifty days of February 29, 1996. Such	6141
speed limit becomes effective only when such signs are erected at	6142
the location.	6143

(3) If, within one hundred twenty days of February 29, 1996,	6144
the director of transportation does not make a determination and	6145
declaration of a reasonable and safe speed limit for a freeway or	6146
portion of freeway that is part of the interstate system or that	6147
is not part of the interstate system, but is built to the	6148
standards and specifications that are applicable to freeways that	6149
are part of the interstate system and that has a speed limit of	6150
less than sixty-five miles per hour, the speed limit on that	6151
freeway or portion of a freeway shall be sixty-five miles per	6152
hour. The director of transportation or local authority having	6153
jurisdiction over the freeway or portion of the freeway shall	6154
erect appropriate signs giving notice of the speed limit of	6155
sixty-five miles per hour at such location within one hundred	6156
fifty days of February 29, 1996. Such speed limit becomes	6157
effective only when such signs are erected at the location. A	6158
speed limit established through the operation of division (L)(3)	6159
of this section is subject to reduction under division (I)(2) of	6160
this section.	6161

(M) Within three hundred sixty days after February 29, 1996,	6162
the director of transportation, based upon a geometric and traffic	6163
characteristic study of a rural, divided, multi-lane highway that	6164
has been designated as part of the national highway system under	6165
the "National Highway System Designation Act of 1995," 109 Stat.	6166
568, 23 U.S.C.A. 103, in consultation with the director of public	6167
safety and, if applicable, the local authority having jurisdiction	6168
over a portion of the highway, may determine and declare that the	6169
speed limit of less than sixty-five miles per hour established on	6170
the highway or portion of highway either is reasonable and safe or	6171
is less than that which is reasonable and safe.	6172

If the established speed limit for the highway or portion of	6173
highway is determined to be less than that which is reasonable and	6174
safe, the director of transportation, in consultation with the	6175
director of public safety and, if applicable, the local authority	6176
having jurisdiction over the portion of highway, shall determine	6177
and declare a reasonable and safe speed limit of not more than	6178
sixty-five miles per hour for that highway or portion of highway.	6179
The director of transportation or local authority having	6180
jurisdiction over the highway or portion of highway shall erect	6181
appropriate signs giving notice of the speed limit at such	6182
location within three hundred ninety days after February 29, 1996.	6183
The speed limit becomes effective only when such signs are erected	6184
at the location.	6185

(N)(1)(a) If the boundary of two local authorities rests on	6186
the centerline of a highway and both authorities have jurisdiction	6187
over the highway, the speed limit for the part of the highway	6188
within their joint jurisdiction shall be either one of the	6189
following as agreed to by both authorities:	6190

(i) Either prima-facie speed limit permitted by division (B)	6191
of this section;	6192

(ii) An altered speed limit determined and posted in	6193
accordance with this section.	6194

(b) If the local authorities are unable to reach an	6195
agreement, the speed limit shall remain as established and posted	6196
under this section.	6197

(2) Neither local authority may declare an altered	6198
prima-facie speed limit pursuant to this section on the part of	6199
the highway under their joint jurisdiction unless both of the	6200
local authorities determine, upon the basis of an engineering and	6201
traffic investigation, that the speed permitted by this section is	6202
greater than is reasonable or safe under the conditions found to	6203
exist at the location and both authorities agree upon a uniform	6204
reasonable and safe prima-facie speed limit of less than	6205
fifty-five but not less than twenty-five miles per hour for that	6206
location. If both authorities so agree, each shall follow the	6207
procedure specified in this section for altering the prima-facie	6208
speed limit on the highway, and the speed limit for the part of	6209
the highway within their joint jurisdiction shall be uniformly	6210
altered. No altered speed limit may be withdrawn unless both local	6211
authorities determine that the altered prima-facie speed limit	6212
previously adopted becomes unreasonable and each adopts a	6213
resolution withdrawing the altered prima-facie speed limit	6214
pursuant to the procedure specified in this section.	6215

(O) As used in this section:

6216

(1) "Interstate system" has the same meaning as in 23	6217
U.S.C.A. 101.	6218

(2) "Commercial bus" means a motor vehicle designed for	6219
carrying more than nine passengers and used for the transportation	6220
of persons for compensation.	6221

(3) "Noncommercial bus" includes but is not limited to a	6222
school bus or a motor vehicle operated solely for the	6223
transportation of persons associated with a charitable or	6224
nonprofit organization.	6225

(4) "Outerbelt" means a portion of a freeway that is part of	6226
the interstate system and is located in the outer vicinity of a	6227
major municipal corporation or group of municipal corporations, as	6228
designated by the director.	6229

(P)(1) A violation of any provision of this section is one of	6230
the following:	6231

(a) Except as otherwise provided in divisions (P)(1)(b),	6232
(1)(c), (2), and (3) of this section, a minor misdemeanor;	6233

(b) If, within one year of the offense, the offender	6234
previously has been convicted of or pleaded guilty to two	6235
violations of any provision of this section or of any provision of	6236
a municipal ordinance that is substantially similar to any	6237
provision of this section, a misdemeanor of the fourth degree;	6238

(c) If, within one year of the offense, the offender	6239
previously has been convicted of or pleaded guilty to three or	6240
more violations of any provision of this section or of any	6241
provision of a municipal ordinance that is substantially similar	6242
to any provision of this section, a misdemeanor of the third	6243
degree.	6244

(2) If the offender has not previously been convicted of or	6245
pleaded guilty to a violation of any provision of this section or	6246
of any provision of a municipal ordinance that is substantially	6247
similar to this section and operated a motor vehicle faster than	6248
thirty-five miles an hour in a business district of a municipal	6249
corporation, faster than fifty miles an hour in other portions of	6250
a municipal corporation, or faster than thirty-five miles an hour	6251
in a school zone during recess or while children are going to or	6252
leaving school during the school's opening or closing hours, a	6253
misdemeanor of the fourth degree.	6254

(3) Notwithstanding division (P)(1) of this section, if the	6255
offender operated a motor vehicle in a construction zone where a	6256
sign was then posted in accordance with section 4511.98 of the	6257
Revised Code, the court, in addition to all other penalties	6258
provided by law, shall impose upon the offender a fine of two	6259
times the usual amount imposed for the violation. No court shall	6260
impose a fine of two times the usual amount imposed for the	6261
violation upon an offender if the offender alleges, in an	6262
affidavit filed with the court prior to the offender's sentencing,	6263
that the offender is indigent and is unable to pay the fine	6264
imposed pursuant to this division and if the court determines that	6265
the offender is an indigent person and unable to pay the fine.	6266

Sec. 4511.61. (A) As used in this section, "active grade	6267
crossing warning device" has the same meaning as in section	6268
5733.43 of the Revised Code.	6269

(B) The department of transportation and local authorities in	6270
their respective jurisdictions, with the approval of the	6271
department, may designate dangerous highway crossings over	6272
railroad tracks whether on state, county, or township highways or	6273
on streets or ways within municipal corporations, and erect stop	6274
signs thereat. ~~When such~~	6275

(C) The department and local authorities shall erect stop	6276
signs at a railroad highway grade crossing if railroad crossbucks	6277
or other warning devices that are not active grade crossing	6278
warning devices are the only warning devices at the grade	6279
crossing.	6280

(D) When stop signs are erected pursuant to division (B) or	6281
(C) of this section, the operator of any vehicle, streetcar, or	6282
trackless trolley shall stop within fifty, but not less than	6283
fifteen, feet from the nearest rail of the railroad tracks and	6284
shall exercise due care before proceeding across such grade	6285
crossing.	6286

~~(B)~~(E) Except as otherwise provided in this division, whoever	6287
violates division (D) of this section is guilty of a minor	6288
misdemeanor. If, within one year of the offense, the offender	6289
previously has been convicted of or pleaded guilty to one	6290
predicate motor vehicle or traffic offense, whoever violates this	6291
section is guilty of a misdemeanor of the fourth degree. If,	6292
within one year of the offense, the offender previously has been	6293
convicted of two or more predicate motor vehicle or traffic	6294
offenses, whoever violates this section is guilty of a misdemeanor	6295
of the third degree.	6296

Sec. 4513.263. (A) As used in this section and in section	6297
4513.99 of the Revised Code:	6298

(1) "Automobile" means any commercial tractor, passenger car,	6299
commercial car, or truck that is required to be factory-equipped	6300
with an occupant restraining device for the operator or any	6301
passenger by regulations adopted by the United States secretary of	6302
transportation pursuant to the "National Traffic and Motor Vehicle	6303
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	6304

(2) "Occupant restraining device" means a seat safety belt,	6305
shoulder belt, harness, or other safety device for restraining a	6306
person who is an operator of or passenger in an automobile and	6307
that satisfies the minimum federal vehicle safety standards	6308
established by the United States department of transportation.	6309

(3) "Passenger" means any person in an automobile, other than	6310
its operator, who is occupying a seating position for which an	6311
occupant restraining device is provided.	6312

(4) "Commercial tractor," "passenger car," and "commercial	6313
car" have the same meanings as in section 4501.01 of the Revised	6314
Code.	6315

(5) "Vehicle" and "motor vehicle," as used in the definitions	6316
of the terms set forth in division (A)(4) of this section, have	6317
the same meanings as in section 4511.01 of the Revised Code.	6318

(6) "Tort action" means a civil action for damages for	6319
injury, death, or loss to person or property. "Tort action"	6320
includes a product liability claim, as defined in section 2307.71	6321
of the Revised Code, and an asbestos claim, as defined in section	6322
2307.91 of the Revised Code, but does not include a civil action	6323
for damages for breach of contract or another agreement between	6324
persons.	6325

(B) No person shall do any of the following:

6326

(1) Operate an automobile on any street or highway unless	6327
that person is wearing all of the available elements of a properly	6328
adjusted occupant restraining device, or operate a school bus that	6329
has an occupant restraining device installed for use in its	6330
operator's seat unless that person is wearing all of the available	6331
elements of the device, as properly adjusted;	6332

(2) Operate an automobile on any street or highway unless	6333
each passenger in the automobile who is subject to the requirement	6334
set forth in division (B)(3) of this section is wearing all of the	6335
available elements of a properly adjusted occupant restraining	6336
device;	6337

(3) Occupy, as a passenger, a seating position on the front	6338
seat of an automobile being operated on any street or highway	6339
unless that person is wearing all of the available elements of a	6340
properly adjusted occupant restraining device;	6341

(4) Operate a taxicab on any street or highway unless all	6342
factory-equipped occupant restraining devices in the taxicab are	6343
maintained in usable form.	6344

(C) Division (B)(3) of this section does not apply to a	6345
person who is required by section 4511.81 of the Revised Code to	6346
be secured in a child restraint device or booster seat. Division	6347
(B)(1) of this section does not apply to a person who is an	6348
employee of the United States postal service or of a newspaper	6349
home delivery service, during any period in which the person is	6350
engaged in the operation of an automobile to deliver mail or	6351
newspapers to addressees. Divisions (B)(1) and (3) of this section	6352
do not apply to a person who has an affidavit signed by a	6353
physician licensed to practice in this state under Chapter 4731.	6354
of the Revised Code or a chiropractor licensed to practice in this	6355
state under Chapter 4734. of the Revised Code that states that the	6356
person has a physical impairment that makes use of an occupant	6357
restraining device impossible or impractical.	6358

(D) Notwithstanding any provision of law to the contrary, no	6359
law enforcement officer shall cause an operator of an automobile	6360
being operated on any street or highway to stop the automobile for	6361
the sole purpose of determining whether a violation of division	6362
(B) of this section has been or is being committed or for the sole	6363
purpose of issuing a ticket, citation, or summons for a violation	6364
of that nature or causing the arrest of or commencing a	6365
prosecution of a person for a violation of that nature, and no law	6366
enforcement officer shall view the interior or visually inspect	6367
any automobile being operated on any street or highway for the	6368
sole purpose of determining whether a violation of that nature has	6369
been or is being committed.	6370

(E) All fines collected for violations of division (B) of	6371
this section, or for violations of any ordinance or resolution of	6372
a political subdivision that is substantively comparable to that	6373
division, shall be forwarded to the treasurer of state for deposit	6374
into the state treasury to the credit of the trauma and emergency	6375
medical services fund, which is hereby created. In addition, sixty	6376
cents of each fee collected under sections 4501.34, 4503.26,	6377
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	6378
specified in those sections, plus the portion of the driver's	6379
license reinstatement fee described in division (F)(2)(g) of	6380
section 4511.191 of the Revised Code, plus all fees collected	6381
under section 4765.11 of the Revised Code, plus all fines imposed	6382
under section 4765.55 of the Revised Code, plus the fees and other	6383
moneys specified in section 4766.05 of the Revised Code, and plus	6384
five per cent of fines and moneys arising from bail forfeitures as	6385
directed by section 5503.04 of the Revised Code, also shall be	6386
deposited into the trauma and emergency medical services fund. All	6387
money deposited into the trauma and emergency medical services	6388
fund shall be used by the department of public safety for the	6389
administration and operation of the division of emergency medical	6390
services and the state board of emergency medical, fire, and	6391
transportation services, and by the state board of emergency	6392
medical, fire, and transportation services to make grants, in	6393
accordance with section 4765.07 of the Revised Code and rules the	6394
board adopts under section 4765.11 of the Revised Code. The	6395
director of budget and management may transfer excess money from	6396
the trauma and emergency medical services fund to the state	6397
highway safety fund if the director of public safety determines	6398
that the amount of money in the trauma and emergency medical	6399
services fund exceeds the amount required to cover such costs	6400
incurred by the emergency medical services agency and the grants	6401
made by the state board of emergency medical, fire, and	6402
transportation services and requests the director of budget and	6403
management to make the transfer.	6404

(F)(1) Subject to division (F)(2) of this section, the	6405
failure of a person to wear all of the available elements of a	6406
properly adjusted occupant restraining device in violation of	6407
division (B)(1) or (3) of this section or the failure of a person	6408
to ensure that each minor who is a passenger of an automobile	6409
being operated by that person is wearing all of the available	6410
elements of a properly adjusted occupant restraining device in	6411
violation of division (B)(2) of this section shall not be	6412
considered or used by the trier of fact in a tort action as	6413
evidence of negligence or contributory negligence. But, the trier	6414
of fact may determine based on evidence admitted consistent with	6415
the Ohio Rules of Evidence that the failure contributed to the	6416
harm alleged in the tort action and may diminish a recovery of	6417
compensatory damages that represents noneconomic loss, as defined	6418
in section 2307.011 of the Revised Code, in a tort action that	6419
could have been recovered but for the plaintiff's failure to wear	6420
all of the available elements of a properly adjusted occupant	6421
restraining device. Evidence of that failure shall not be used as	6422
a basis for a criminal prosecution of the person other than a	6423
prosecution for a violation of this section; and shall not be	6424
admissible as evidence in a criminal action involving the person	6425
other than a prosecution for a violation of this section.	6426

(2) If, at the time of an accident involving a passenger car	6427
equipped with occupant restraining devices, any occupant of the	6428
passenger car who sustained injury or death was not wearing an	6429
available occupant restraining device, was not wearing all of the	6430
available elements of such a device, or was not wearing such a	6431
device as properly adjusted, then, consistent with the Rules of	6432
Evidence, the fact that the occupant was not wearing the available	6433
occupant restraining device, was not wearing all of the available	6434
elements of such a device, or was not wearing such a device as	6435
properly adjusted is admissible in evidence in relation to any	6436
claim for relief in a tort action to the extent that the claim for	6437
relief satisfies all of the following:	6438

(a) It seeks to recover damages for injury or death to the	6439
occupant.	6440

(b) The defendant in question is the manufacturer, designer,	6441
distributor, or seller of the passenger car.	6442

(c) The claim for relief against the defendant in question is	6443
that the injury or death sustained by the occupant was enhanced or	6444
aggravated by some design defect in the passenger car or that the	6445
passenger car was not crashworthy.	6446

(G)(1) Whoever violates division (B)(1) of this section shall	6447
be fined thirty dollars.	6448

(2) Whoever violates division (B)(3) of this section shall be	6449
fined twenty dollars.	6450

(3) Except as otherwise provided in this division, whoever	6451
violates division (B)(4) of this section is guilty of a minor	6452
misdemeanor. If the offender previously has been convicted of or	6453
pleaded guilty to a violation of division (B)(4) of this section,	6454
whoever violates division (B)(4) of this section is guilty of a	6455
misdemeanor of the third degree.	6456

Sec. 4513.34. (A)(1) The director of transportation with	6457
respect to all highways that are a part of the state highway	6458
system and local authorities with respect to highways under their	6459
jurisdiction, upon application in writing and for good cause	6460
shown, may issue a special permit in writing authorizing the	6461
applicant to operate or move a vehicle or combination of vehicles	6462
of a size or weight of vehicle or load exceeding the maximum	6463
specified in sections 5577.01 to 5577.09 of the Revised Code, or	6464
otherwise not in conformity with sections 4513.01 to 4513.37 of	6465
the Revised Code, upon any highway under the jurisdiction of the	6466
authority granting the permit.	6467

(2) For purposes of this section, the director may designate	6468
certain state highways or portions of state highways as special	6469
economic development highways. If an application submitted to the	6470
director under this section involves travel of a nonconforming	6471
vehicle or combination of vehicles upon a special economic	6472
development highway, the director, in determining whether good	6473
cause has been shown that issuance of a permit is justified, shall	6474
consider the effect the travel of the vehicle or combination of	6475
vehicles will have on the economic development in the area in	6476
which the designated highway or portion of highway is located.	6477

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	6478
Code, the holder of a ~~special~~ permit issued by the director under	6479
this section may move the vehicle or combination of vehicles	6480
described in the ~~special~~ permit on any highway that is a part of	6481
the state highway system when the movement is partly within and	6482
partly without the corporate limits of a municipal corporation. No	6483
local authority shall require any other permit or license or	6484
charge any license fee or other charge against the holder of a	6485
permit for the movement of a vehicle or combination of vehicles on	6486
any highway that is a part of the state highway system. The	6487
director shall not require the holder of a permit issued by a	6488
local authority to obtain a special permit for the movement of	6489
vehicles or combination of vehicles on highways within the	6490
jurisdiction of the local authority. Permits may be issued for any	6491
period of time not to exceed one year, as the director in the	6492
director's discretion or a local authority in its discretion	6493
determines advisable, or for the duration of any public	6494
construction project.	6495

(C)(1) The application for a permit issued under this section	6496
shall be in the form that the director or local authority	6497
prescribes. The director or local authority may prescribe a permit	6498
fee to be imposed and collected when any permit described in this	6499
section is issued. The permit fee may be in an amount sufficient	6500
to reimburse the director or local authority for the	6501
administrative costs incurred in issuing the permit, and also to	6502
cover the cost of the normal and expected damage caused to the	6503
roadway or a street or highway structure as the result of the	6504
operation of the nonconforming vehicle or combination of vehicles.	6505
The director, in accordance with Chapter 119. of the Revised Code,	6506
shall establish a schedule of fees for permits issued by the	6507
director under this section.	6508

(2) For the purposes of this section and of rules adopted by	6509
the director under this section, milk transported in bulk by	6510
vehicle is deemed a nondivisible load.	6511

(3)(a) Subject to division (C)(3)(b) of this section, a	6512
person who otherwise would be required to receive a permit under	6513
this section may move or operate a vehicle or combination of	6514
vehicles without that permit for a distance of two miles or less	6515
from the Ohio turnpike, provided the vehicle or combination of	6516
vehicles was operated without a special permit on the Ohio	6517
turnpike in accordance with rules adopted under section 5537.16 of	6518
the Revised Code.	6519

(b) The director or a local authority may prohibit the	6520
operation of a vehicle or combination of vehicles on any highway	6521
within two miles or less of the Ohio turnpike if the highway	6522
condition is insufficient to bear the weight of the vehicle or	6523
combination of vehicles.	6524

(c) As used in this division, "Ohio turnpike" has the same	6525
meaning as in section 5537.26 of the Revised Code.	6526

(D) The director or local authority may issue or withhold a	6527
permit. If a permit is to be issued, the director or local	6528
authority may limit or prescribe conditions of operation for the	6529
vehicle and may require the posting of a bond or other security	6530
conditioned upon the sufficiency of the permit fee to compensate	6531
for damage caused to the roadway or a street or highway structure.	6532
In addition, a local authority, as a condition of issuance of an	6533
overweight permit, may require the applicant to develop and enter	6534
into a mutual agreement with the local authority to compensate for	6535
or to repair excess damage caused to the roadway by travel under	6536
the permit.	6537

For a permit that will allow travel of a nonconforming	6538
vehicle or combination of vehicles on a special economic	6539
development highway, the director, as a condition of issuance, may	6540
require the applicant to agree to make periodic payments to the	6541
department to compensate for damage caused to the roadway by	6542
travel under the permit.	6543

(E) Every permit issued under this section shall be carried	6544
in the vehicle or combination of vehicles to which it refers and	6545
shall be open to inspection by any police officer or authorized	6546
agent of any authority granting the permit. No person shall	6547
violate any of the terms of a permit.	6548

(F) The director may debar an applicant from applying for a	6549
~~special~~ permit under this section upon a finding based on a	6550
reasonable belief that the applicant has done any of the	6551
following:	6552

(1) Abused the process by repeatedly submitting false	6553
information or false travel plans or by using another company or	6554
individual's name, insurance, or escrow account without proper	6555
authorization;	6556

(2) Failed to comply with or substantially perform under a	6557
previously issued ~~special~~ permit according to its terms,	6558
conditions, and specifications within specified time limits;	6559

(3) Failed to cooperate in the application process for the	6560
~~special~~ permit or in any other procedures that are related to the	6561
issuance of the ~~special~~ permit by refusing to provide information	6562
or documents required in a permit or by failing to respond to and	6563
correct matters related to the ~~special~~ permit;	6564

(4) Accumulated repeated justified complaints regarding	6565
performance under a ~~special~~ permit that was previously issued to	6566
the applicant or previously failed to obtain a ~~special~~ permit when	6567
such a permit was required;	6568

(5) Attempted to influence a public employee to breach	6569
ethical conduct standards;	6570

(6) Been convicted of a criminal offense related to the	6571
application for, or performance under, a ~~special~~ permit,	6572
including, but not limited to, bribery, falsification, fraud or	6573
destruction of records, receiving stolen property, and any other	6574
offense that directly reflects on the applicant's integrity or	6575
commercial driver's license;	6576

(7) Accumulated repeated convictions under a state or federal	6577
safety law governing commercial motor vehicles or a rule or	6578
regulation adopted under such a law;	6579

(8) Accumulated repeated convictions under a law, rule, or	6580
regulation governing the movement of traffic over the public	6581
streets and highways;	6582

(9) Failed to pay any fees associated with any permitted	6583
operation or move;	6584

(10) Deliberately or willfully submitted false or misleading	6585
information in connection with the application for, or performance	6586
under, a ~~special~~ permit issued under this section.	6587

If the applicant is a partnership, association, or	6588
corporation, the director also may debar from consideration for	6589
~~special~~ permits any partner of the partnership, or the officers,	6590
directors, or employees of the association or corporation being	6591
debarred.	6592

The director may adopt rules in accordance with Chapter 119.	6593
of the Revised Code governing the debarment of an applicant.	6594

(G) When the director reasonably believes that grounds for	6595
debarment exist, the director shall send the person that is	6596
subject to debarment a notice of the proposed debarment. A notice	6597
of proposed debarment shall indicate the grounds for the debarment	6598
of the person and the procedure for requesting a hearing. The	6599
notice and hearing shall be in accordance with Chapter 119. of the	6600
Revised Code. If the person does not respond with a request for a	6601
hearing in the manner specified in that chapter, the director	6602
shall issue the debarment decision without a hearing and shall	6603
notify the person of the decision by certified mail, return	6604
receipt requested. The debarment period may be of any length	6605
determined by the director, and the director may modify or rescind	6606
the debarment at any time. During the period of debarment, the	6607
director shall not issue, or consider issuing, a ~~special~~ permit	6608
under this section to any partnership, association, or corporation	6609
that is affiliated with a debarred person. After the debarment	6610
period expires, the person, and any partnership, association, or	6611
corporation affiliated with the person, may reapply for a ~~special~~	6612
permit.	6613

(H) Whoever violates this section shall be punished as	6614
provided in section 4513.99 of the Revised Code.	6615

(I) A permit issued under this section for the operation of a	6616
vehicle or combination of vehicles is valid for the purposes of	6617
the vehicle operation in accordance with the terms of the permit	6618
notwithstanding any other violation of the motor vehicle and	6619
traffic laws of this state by the operator of the vehicle or	6620
combination of vehicles.	6621

Sec. 4513.53. (A) The superintendent of the state highway	6622
patrol, with approval of the director of public safety, may	6623
appoint and maintain necessary staff to carry out the inspection	6624
of buses.	6625

(B) The superintendent of the state highway patrol shall	6626
adopt a distinctive annual safety inspection decal bearing the	6627
date of inspection. The state highway patrol may remove any decal	6628
from a bus that fails any inspection.	6629

(C) ~~Fees~~Bus inspection fees collected by the state highway	6630
patrol under section 4513.52 of the Revised Code shall be paid	6631
into the state treasury to the credit of the ~~general revenue fund.~~	6632
~~Annually by the first day of June, the director of public safety~~	6633
~~shall determine the amount of fees collected under section 4513.52~~	6634
~~of the Revised Code and shall certify the amount to the director~~	6635
~~of budget and management for reimbursement. The director of budget~~	6636
~~and management then may transfer cash up to the amount certified~~	6637
~~from the general revenue fund to the~~ state highway safety fund	6638
created in section 4501.06 of the Revised Code.	6639

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	6640
highway, public street, or other property open to the public for	6641
purposes of vehicular travel and if any motor vehicle, cargo, or	6642
personal property that has been damaged or spilled as a result of	6643
the motor vehicle accident is blocking the highway, street, or	6644
other property or is otherwise endangering public safety, the	6645
sheriff of the county, or the chief of police of the municipal	6646
corporation, township, or township or joint police district, in	6647
which the accident occurred, a state highway patrol trooper, or	6648
the chief of the fire department having jurisdiction where the	6649
accident occurred ~~may~~, or a duly authorized subordinate acting on	6650
behalf of an official specified above, without consent of the	6651
owner but with the approval of the law enforcement agency	6652
conducting any investigation of the accident, may remove the motor	6653
vehicle if the motor vehicle is unoccupied, cargo, or personal	6654
property from the portion of the highway, public street, or	6655
property ordinarily used for vehicular travel on the highway,	6656
public street, or other property open to the public for purposes	6657
of vehicular travel.	6658

(B)(1) Except as provided in division (B)(2) or (3) of this	6659
section, no employee of the department of transportation, sheriff,	6660
deputy sheriff, chief of police or police officer of a municipal	6661
corporation, township, or township or joint police district, state	6662
highway patrol trooper, chief of a fire department, or fire	6663
fighter, or a duly authorized subordinate acting on behalf of such	6664
an official who authorizes or participates in the removal of any	6665
unoccupied motor vehicle, cargo, or personal property as	6666
authorized by division (A) of this section is liable in civil	6667
damages for any injury, death, or loss to person or property that	6668
results from the removal of that unoccupied motor vehicle, cargo,	6669
or personal property. Except as provided in division (B)(2) or (3)	6670
of this section, if the department of transportation or a sheriff,	6671
chief of police of a municipal corporation, township, or township	6672
or joint police district, head of the state highway patrol, or	6673
chief of a fire department, or a duly authorized subordinate	6674
acting on behalf of such an official authorizes, employs, or	6675
arranges to have a private tow truck operator or towing company	6676
remove any unoccupied motor vehicle, cargo, or personal property	6677
as authorized by division (A) of this section, that private tow	6678
truck operator or towing company is not liable in civil damages	6679
for any injury, death, or loss to person or property that results	6680
from the removal of that unoccupied motor vehicle, cargo, or	6681
personal property~~, and~~. Further, the department of transportation,	6682
sheriff, chief of police, head of the state highway patrol, or	6683
fire department chief, or a duly authorized subordinate acting on	6684
behalf of such an official is not liable in civil damages for any	6685
injury, death, or loss to person or property that results from the	6686
private tow truck operator or towing company's removal of that	6687
unoccupied motor vehicle, cargo, or personal property.	6688

(2) Division (B)(1) of this section does not apply to any	6689
person or entity involved in the removal of an unoccupied motor	6690
vehicle, cargo, or personal property pursuant to division (A) of	6691
this section if that removal causes or contributes to the release	6692
of a hazardous material or to structural damage to the roadway.	6693

(3) Division (B)(1) of this section does not apply to a	6694
private tow truck operator or towing company that was not	6695
authorized, employed, or arranged by the department of	6696
transportation, a sheriff, a chief of police of a municipal	6697
corporation, township, or township or joint police district, the	6698
head of the state highway patrol, or a chief of a fire department,	6699
or a duly authorized subordinate acting on behalf of such an	6700
official or to a private tow truck operator or towing company that	6701
was authorized, employed, or arranged by the department of	6702
transportation, a sheriff, a chief of police of a municipal	6703
corporation, township, or township or joint police district, the	6704
head of the state highway patrol, or a chief of a fire department,	6705
or a duly authorized subordinate acting on behalf of such an	6706
official to perform the removal of the unoccupied motor vehicle,	6707
cargo, or personal property and the private tow truck operator or	6708
towing company performed the removal in a reckless or willful	6709
manner.	6710

(C) As used in this section, "hazardous material" has the	6711
same meaning as in section 2305.232 of the Revised Code.	6712

Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03 to	6713
4517.45 of the Revised Code do not apply to a person auctioning	6714
classic motor vehicles, provided all of the following apply:	6715

(1) The person is responsible for not more than ~~two~~four	6716
auctions of classic motor vehicles per year, with no auction	6717
lasting more than two days;	6718

(2) The person requests and receives permission for the	6719
auction from the registrar of motor vehicles by filing an	6720
application for each proposed auction of classic motor vehicles,	6721
at least thirty days before the auction, in a form prescribed by	6722
the registrar, signed and sworn to by the person, that contains	6723
all of the following:	6724

(a) The person's name and business address;

6725

(b) The location of the auction;

6726

(c) Evidence, sufficient to satisfy the registrar, that the	6727
person does not exclusively sell motor vehicles;	6728

(d) Any necessary, reasonable, and relevant information that	6729
the registrar may require to verify compliance with this section.	6730

(3) The person will be auctioning the classic motor vehicle	6731
to the general public for the legal owner of the vehicle, which	6732
ownership must be evidenced at the time of the auction by a valid	6733
certificate of title issued pursuant to Chapter 4505. of the	6734
Revised Code;	6735

(4) The person keeps a record of the following information	6736
for each classic motor vehicle offered for sale at auction, in a	6737
manner prescribed by the registrar:	6738

(a) The certificate of title number, county, and state of	6739
registration;	6740

(b) The year, make, model, and vehicle identification number;

6741

(c) The name and address of the person offering the vehicle	6742
for sale;	6743

(d) The name and address of any vehicle purchaser;

6744

(e) The date the vehicle is offered for sale;

6745

(f) Any purchase price;

6746

(g) The odometer reading at the time of the auction and an	6747
odometer statement from the person offering the vehicle for sale	6748
at auction that complies with 49 U.S.C. 32705.	6749

(5) The person allows reasonable inspection by the registrar	6750
of the person's records relating to each classic motor vehicle	6751
auction.	6752

(B) Any person that auctions classic motor vehicles under	6753
this section shall use the auction services of an auction firm to	6754
conduct the auction.	6755

(C) The registrar may refuse permission to hold an auction if	6756
the registrar finds that the person has not complied with division	6757
(A) of this section or has made a false statement of a material	6758
fact in the application filed under division (A)(2) of this	6759
section.	6760

(D) The registrar shall not authorize a person licensed under	6761
section 4707.072 of the Revised Code to offer auction services or	6762
act as an auctioneer in regard to an auction of classic motor	6763
vehicles pursuant to this section.	6764

(E) As used in this section:

6765

(1) "Auction firm" and "auction services" have the same	6766
meanings as in section 4707.01 of the Revised Code.	6767

(2) "Classic motor vehicle" means a motor vehicle that is	6768
over twenty-six years old.	6769

Sec. 4561.01. As used in sections 4561.01 to ~~4561.151~~	6770
4561.25 of the Revised Code:	6771

(A) "Aviation" means transportation by aircraft; operation of	6772
aircraft; the establishment, operation, maintenance, repair, and	6773
improvement of airports, landing fields, and other air navigation	6774
facilities; and all other activities connected therewith or	6775
incidental thereto.	6776

(B) "Aircraft" means any contrivance used or designed for	6777
navigation or flight in the air, excepting a parachute or other	6778
contrivance for such navigation used primarily as safety	6779
equipment.	6780

(C) "Airport" means any location either on land or water	6781
which is used for the landing and taking off of aircraft.	6782

(D) "Landing field" means any location either on land or	6783
water of such size and nature as to permit the landing or taking	6784
off of aircraft with safety, and used for that purpose but not	6785
equipped to provide for the shelter, supply, or care of aircraft.	6786

(E) "Air navigation facility" means any facility used,	6787
available for use, or designed for use in aid of navigation of	6788
aircraft, including airports, landing fields, facilities for the	6789
servicing of aircraft or for the comfort and accommodation of air	6790
travelers, and any structures, mechanisms, lights, beacons, marks,	6791
communicating systems, or other instrumentalities or devices used	6792
or useful as an aid to the safe taking off, navigation, and	6793
landing of aircraft, or to the safe and efficient operation or	6794
maintenance of an airport or landing field, and any combination of	6795
such facilities.	6796

(F) "Air navigation hazard" means any structure, object of	6797
natural growth, or use of land, that obstructs the air space	6798
required for the flight of aircraft in landing or taking off at	6799
any airport or landing field, or that otherwise is hazardous to	6800
such landing or taking off.	6801

(G) "Air navigation," "navigation of aircraft," or "navigate	6802
aircraft" means the operation of aircraft in the air space over	6803
this state.	6804

(H) "~~Airman~~Airperson" means any individual who, as the	6805
person in command, or as pilot, mechanic, or member of the crew,	6806
engages in the navigation of aircraft.	6807

(I) "Airway" means a route in the air space over and above	6808
the lands or waters of this state, designated by the Ohio aviation	6809
board as a route suitable for the navigation of aircraft.	6810

(J) "Person" means any individual, firm, partnership,	6811
corporation, company, association, joint stock association, or	6812
body politic, and includes any trustee, receiver, assignee, or	6813
other similar representative thereof.	6814

(K) "Government agency" means a state agency, state	6815
institution of higher education, regional port authority, or any	6816
other political subdivision of the state, or the federal	6817
government or other states.	6818

Sec. 4561.06. The department of transportation shall	6819
encourage the development of aviation and the promotion of	6820
aviation education and research within this state as, in its	6821
judgment, may best serve the public interest.	6822

The department may furnish engineering or other technical	6823
counsel and services, with or without charge therefor, to any	6824
appropriate government agency ~~of any county or municipal~~	6825
~~corporation of the state~~ desiring such counsel or services in	6826
connection with any question or problem concerning the need for,	6827
or the location, construction, maintenance, or operation of	6828
airports, landing fields, or other air navigation facilities in	6829
~~the county or municipal corporation~~.	6830

The department shall be the official representative of this	6831
state in all civil actions, matters, or proceedings pertaining to	6832
aviation in which this state is a party or has an interest.	6833

The department may investigate, and may cooperate with any	6834
other appropriate ~~governmental~~government agency in the	6835
investigation of, any accident occurring in this state in	6836
connection with aviation. It may issue an order to preserve,	6837
protect, or prevent the removal of any aircraft or air navigation	6838
facility involved in an accident being so investigated until the	6839
investigation is completed. The chief executive officer or any law	6840
enforcement officer of this state or any political subdivision in	6841
which an accident occurred shall assist the department in	6842
enforcing such an order when called upon to do so.	6843

The department, in connection with any investigation it is	6844
authorized to conduct, or in connection with any matter it is	6845
required to consider and determine, may conduct hearings thereon.	6846
All such hearings shall be open to the public. The administrator	6847
of the office of aviation or those employees of that office or its	6848
agents who are designated to conduct such hearings may administer	6849
oaths and affirmations and issue subpoenas for and compel the	6850
attendance and testimony of witnesses and the production of	6851
papers, books, and documents at the hearings. In case of failure	6852
to comply with such a subpoena or refusal to testify, the	6853
administrator or the employees of the office of aviation or its	6854
agents who are designated to conduct the hearings may invoke the	6855
aid of the court of common pleas of the county in which the	6856
hearing is being conducted, and the court may order the witness to	6857
comply with the requirements of the subpoena or to give testimony	6858
concerning the matter in question. Failure to obey any order of	6859
the court may be punished as a contempt of the court.	6860

Reports of any investigations or hearings, or parts thereof,	6861
conducted by the department shall not be admitted in evidence or	6862
used for any purpose in any action or proceeding arising out of	6863
any matter referred to in the investigation, hearings, or report	6864
thereof, except in actions or proceedings instituted by the state	6865
or by the department on behalf of the state, nor shall any member	6866
of the department or any of its employees be required to testify	6867
to any facts ascertained in, or information obtained by reason of,	6868
the member's or employee's official capacity, or to testify as an	6869
expert witness in any action or proceeding involving or pertaining	6870
to aviation to which the state is not a party. Subject to this	6871
section, the department may make available to appropriate agencies	6872
of government any information and material developed in the course	6873
of its investigations and hearings.	6874

The department shall report to the appropriate agency of the	6875
United States all cases that come to its attention of persons	6876
navigating aircraft without a valid aviator's certificate, or in	6877
which an aircraft is navigated without a valid air-worthiness	6878
certificate in probable violation of the laws of the United States	6879
requiring such certificates, and it also shall report to the	6880
proper governmental agency any probable infringement or violation	6881
of laws, rules, and regulations pertaining to aviation that come	6882
to its attention.	6883

The department may prepare, adopt, and subsequently revise a	6884
plan showing the locations and types of airports, landing fields,	6885
and other air navigation facilities within this state; it also may	6886
prepare another plan of a system of airways within this state, the	6887
establishment, maintenance, and use of which will, in its	6888
judgment, serve the development of transportation by aircraft	6889
within this state in the best interests of the public. It may	6890
publish plans and pertinent information as the public interest	6891
requires.	6892

The department periodically may prepare, publish, and	6893
distribute such maps, charts, or other information as the public	6894
interest requires, showing the location of and containing a	6895
description of all airports, landing fields, and other air	6896
navigation facilities then in operation in this state, together	6897
with information concerning the manner in which, and the terms	6898
upon which, those facilities may be used, and showing all airways	6899
then in use, or recommended for use, within this state, together	6900
with information concerning the manner in which the facilities	6901
should be used.	6902

Sec. 4561.07. The department of transportation may cooperate	6903
with ~~and assist the federal~~any government~~, regional airport~~	6904
~~authorities, the political subdivisions of this state,~~agency and	6905
others, including private persons, engaged in aviation, aviation	6906
education or research, or the promotion of aviation, and shall	6907
seek to promote the aeronautic activities of these bodies.	6908

The department may confer with or hold joint meetings and	6909
hearings with any ~~federal aeronautical agency, any regional~~	6910
~~airport authority, or any~~government agency ~~of a political~~	6911
~~subdivision of this state,~~ in connection with any matter arising	6912
under ~~sections 4561.01 to 4561.151 of the Revised Code~~this	6913
chapter, or relating to the sound development of aviation, and the	6914
department may avail itself of the cooperation, services, records,	6915
and facilities of any ~~such regional airport authority or~~	6916
government agency, as fully as is practicable, in the	6917
administration and enforcement of such sections. It shall	6918
reciprocate by furnishing to any such regional airport authority	6919
or agency its cooperation, services, records, and facilities, as	6920
fully as is practicable and in the best interests of the public.	6921

If the federal government, any agency of the federal	6922
government, or any regional airport authority or political	6923
subdivision of this state, or any government agency, requires a	6924
state agency to receive and disburse any airport assistance or	6925
development and maintenance funds, the department may act as that	6926
state agency in all such matters pertaining to aviation.	6927

Sec. 4561.08. The department of transportation may cooperate	6928
with ~~the United States, and~~ any government agency ~~thereof~~, in the	6929
acquisition, establishment, construction, enlargement,	6930
improvement, equipment, or operation of airports, landing fields,	6931
and other air navigation facilities in this state, and may comply	6932
with the laws of the United States and any regulations made	6933
thereunder with respect to the expenditure of federal funds for or	6934
in connection with such airports, landing fields, and other air	6935
navigation facilities.	6936

The department may accept, receive, and receipt for federal	6937
funds, upon such terms as are prescribed by the laws of the United	6938
States and any regulations made thereunder, on behalf of the	6939
state, and may treat similarly, for the state or as agent for any	6940
regional airport authority, county, or municipal corporation	6941
thereof, other funds, public or private, for the acquisition,	6942
establishment, construction, enlargement, improvement, equipment,	6943
or operation of airports, landing fields, and other air navigation	6944
facilities, whether such work is to be done severally by the state	6945
or by a political subdivision thereof or by a regional airport	6946
authority, or by the state and a regional airport authority or one	6947
or more such political subdivisions jointly, or by any two or more	6948
such political subdivisions jointly, or by a regional airport	6949
authority and any one or more such political subdivisions jointly.	6950
The department may also act as agent of any regional airport	6951
authority, county, or municipal corporation of the state in any	6952
other matter connected with the acquisition, establishment,	6953
construction, enlargement, improvement, equipment, or operation of	6954
airports, landing fields, and other air navigation facilities. In	6955
the discharge of its duties as such agent, the department may use	6956
all its powers in the same manner as when acting for and in behalf	6957
of the state.	6958

The department may approve or disapprove all contracts and	6959
agreements for the acquisition, establishment, construction,	6960
enlargement, improvement, equipment, or operation of airports,	6961
landing fields, and other air navigation facilities insofar as its	6962
rules require.	6963

The department may advise and cooperate with any regional	6964
airport authority or political subdivision of this state or of any	6965
other state, when it is acting jointly with a regional airport	6966
authority or subdivision of this state, in all matters pertaining	6967
to the location, acquisition, establishment, construction,	6968
enlargement, improvement, equipment, or operation of airports,	6969
landing fields, and other air navigation facilities.	6970

All money accepted by the department pursuant to sections	6971
4561.01 to 4561.151 of the Revised Code shall be deposited in the	6972
state treasury to the credit of the highway operating fund. All	6973
such moneys shall be expended in accordance with the terms imposed	6974
by the United States in making the grants thereof.	6975

Sec. 4561.09. Each regional airport authority, county, ~~and~~	6976
municipal corporation, and agency of this state may accept,	6977
receive, and give receipt for federal funds upon such terms as are	6978
prescribed by the laws of the United States and any rules and	6979
regulations made thereunder, and may treat similarly other funds,	6980
public or private, for the acquisition, establishment,	6981
construction, enlargement, improvement, equipment, or operation of	6982
airports, landing fields, and other air navigation facilities.	6983

The board of trustees of a regional airport authority and the	6984
legislative body of each county or municipal corporation may	6985
designate the department of transportation as the agent of such	6986
regional airport authority, county, or municipal corporation to	6987
accept, receive, and receipt for federal funds upon such terms as	6988
are prescribed by the laws of the United States and any rules or	6989
regulations made thereunder, and to treat similarly other funds,	6990
public or private, for the acquisition, establishment,	6991
construction, enlargement, improvement, equipment, or operation of	6992
airports, landing fields, and other air navigation facilities,	6993
whether such work is to be done by the regional airport authority,	6994
county, or municipal corporation alone, or jointly with the state,	6995
or jointly with the state and other counties or municipal	6996
corporations. Such board of trustees or legislative body may	6997
designate the department as its agent in any other matter	6998
connected with the acquisition, establishment, construction,	6999
enlargement, improvement, equipment, or operation of airports,	7000
landing fields, and other air navigation facilities, and may enter	7001
into, or authorize the executive department of such political	7002
subdivision to enter into, an agreement with the department	7003
prescribing the terms of such agency, in accordance with the laws	7004
of the United States and any rules or regulations made thereunder.	7005

All contracts for the acquisition, establishment,	7006
construction, enlargement, improvement, equipment, or operation of	7007
airports, landing fields, or other air navigation facilities made	7008
by a regional airport authority, county, or municipal corporation,	7009
or agency of this state shall be made pursuant to the laws of this	7010
state governing the making of such contracts; provided that when	7011
the acquisition, establishment, construction, enlargement,	7012
improvement, equipment, or operation of airports, landing fields,	7013
or other air navigation facilities is financed wholly or partly	7014
with federal funds, the regional airport authority, county, or	7015
municipal corporation, or agency of this state may let contracts	7016
in the manner prescribed by the federal authorities acting under	7017
the laws of the United States and any rules or regulations made	7018
thereunder.	7019

Sec. 4561.12. (A) NoUnless operated by the department of	7020
transportation or its agents, no aircraft shall be operated or	7021
maintained on any public land or water owned or controlled by this	7022
state, or by any political subdivision of this state, except at	7023
such places and under such rules and regulations governing and	7024
controlling the operation and maintenance of aircraft as are	7025
adopted and promulgated by the department ~~of transportation~~ in	7026
accordance with sections 119.01 to 119.13 of the Revised Code.	7027

Such action and approval by the department shall not become	7028
effective until it has been approved by the adoption and	7029
promulgation of appropriate rules ~~and regulations~~ governing,	7030
controlling, and approving said places and the method of operation	7031
and maintenance of aircraft, by the department, division,	7032
political subdivision, agent, or agency of this state having	7033
ownership or control of the places on said public land or water	7034
which are affected by such operation or maintenance of aircraft	7035
thereon.	7036

(B) Whoever violates this section shall be fined not more	7037
than five hundred dollars, imprisoned not more than ninety days,	7038
or both.	7039

Sec. 4561.21. (A) The director of transportation shall	7040
deposit all aircraft transfer fees in the state treasury to the	7041
credit of the general fund.	7042

(B) The director shall deposit all aircraft license taxes and	7043
fines in the state treasury to the credit of the airport	7044
assistance fund, which is hereby created. Money in the fund shall	7045
be used for maintenance and capital improvements to publicly owned	7046
airports, and the operating costs associated with the office of	7047
aviation. For maintenance and capital improvements to publicly	7048
owned airports, the director shall distribute the money to	7049
eligible recipients in accordance with such procedures,	7050
guidelines, and criteria as the director shall establish. No more	7051
than ten per cent of all funds deposited annually into the fund	7052
shall be spent annually to pay operating costs associated with the	7053
office of aviation.	7054

Sec. 4582.06. (A) A port authority created in accordance	7055
with section 4582.02 of the Revised Code may:	7056

(1) Acquire, construct, furnish, equip, maintain, repair,	7057
sell, exchange, lease to or from, lease with an option to	7058
purchase, convey other interests in, or operate real or personal	7059
property, or any combination thereof, related to, useful for, or	7060
in furtherance of any authorized purpose, and make charges for the	7061
use of any port authority facility, which shall be not less than	7062
the charges established for the same services furnished by a	7063
public utility or common carrier in the jurisdiction of the	7064
particular port authority;	7065

(2) Straighten, deepen, and improve any canal, channel,	7066
river, stream, or other water course or way that may be necessary	7067
or proper in the development of the facilities of the port	7068
authority;	7069

(3) Issue bonds or notes for the acquisition, construction,	7070
furnishing, or equipping of any real or personal property, or any	7071
combination thereof, related to, useful for, or in furtherance of	7072
any authorized purpose, in compliance with Chapter 133. of the	7073
Revised Code, except that the bonds or notes only may be issued	7074
pursuant to a vote of the electors residing within the territory	7075
of the port authority. The net indebtedness incurred by a port	7076
authority shall never exceed two per cent of the total value of	7077
all property within the territory comprising the authority as	7078
listed and assessed for taxation.	7079

(4) By resolution of its board of directors, issue revenue	7080
bonds beyond the limit of bonded indebtedness provided by law, for	7081
the acquisition, construction, furnishing, or equipping of any	7082
real or personal property, or any combination thereof, related to,	7083
useful for, or in furtherance of any authorized purpose, including	7084
all costs in connection with or incidental thereto.	7085

The revenue bonds of the port authority shall be secured only	7086
by a pledge of and a lien on the revenues of the port authority	7087
derived from those loan payments, rentals, fees, charges, or other	7088
revenues that are designated in the resolution, including, but not	7089
limited to, any property to be acquired, constructed, furnished,	7090
or equipped with the proceeds of the bond issue, after provision	7091
only for the reasonable cost of operating, maintaining, and	7092
repairing the property of the port authority so designated. The	7093
bonds may further be secured by the covenant of the port authority	7094
to maintain rates or charges that will produce revenues sufficient	7095
to meet the costs of operating, maintaining, and repairing such	7096
property and to meet the interest and principal requirements of	7097
the bonds and to establish and maintain reserves for the foregoing	7098
purposes. The board of directors, by resolution, may provide for	7099
the issuance of additional revenue bonds from time to time, to be	7100
secured equally and ratably, without preference, priority, or	7101
distinction, with outstanding revenue bonds, but subject to the	7102
terms and limitations of any trust agreement described in this	7103
section, and of any resolution authorizing bonds then outstanding.	7104
The board of directors, by resolution, may designate additional	7105
property of the port authority, the revenues of which shall be	7106
pledged and be subject to a lien for the payment of the debt	7107
charges on revenue bonds theretofore authorized by resolution of	7108
the board of directors, to the same extent as the revenues above	7109
described.	7110

In the discretion of the board of directors, the revenue	7111
bonds of the port authority may be secured by a trust agreement	7112
between the board of directors on behalf of the port authority and	7113
a corporate trustee, that may be any trust company or bank having	7114
powers of a trust company, within or without the state.	7115

The trust agreement may provide for the pledge or assignment	7116
of the revenues to be received, but shall not pledge the general	7117
credit and taxing power of the port authority. A trust agreement	7118
securing revenue bonds issued to acquire, construct, furnish, or	7119
equip real property, plants, factories, offices, and other	7120
structures and facilities for authorized purposes consistent with	7121
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage	7122
the real or personal property, or a combination thereof, to be	7123
acquired, constructed, furnished, or equipped from the proceeds of	7124
such revenue bonds, as further security for the bonds. The trust	7125
agreement or the resolution providing for the issuance of revenue	7126
bonds may set forth the rights and remedies of the bondholders and	7127
trustee, and may contain other provisions for protecting and	7128
enforcing their rights and remedies that are determined in the	7129
discretion of the board of directors to be reasonable and proper.	7130
The agreement or resolution may provide for the custody,	7131
investment, and disbursement of all moneys derived from the sale	7132
of such bonds, or from the revenues of the port authority, other	7133
than those moneys received from taxes levied pursuant to section	7134
4582.14 of the Revised Code, and may provide for the deposit of	7135
such funds without regard to section 4582.15 of the Revised Code.	7136

All bonds issued under authority of this chapter, regardless	7137
of form or terms and regardless of any other law to the contrary,	7138
shall have all qualities and incidents of negotiable instruments,	7139
subject to provisions for registration, and may be issued in	7140
coupon, fully registered, or other form, or any combination	7141
thereof, as the board of directors determines. Provision may be	7142
made for the registration of any coupon bonds as to principal	7143
alone or as to both principal and interest, and for the conversion	7144
into coupon bonds of any fully registered bonds or bonds	7145
registered as to both principal and interest.	7146

The revenue bonds shall bear interest at such rate or rates,	7147
shall bear such date or dates, and shall mature within forty-five	7148
years following the date of issuance and in such amount, at such	7149
time or times, and in such number of installments, as may be	7150
provided in or pursuant to the resolution authorizing their	7151
issuance. The final maturity of any original issue of revenue	7152
bonds shall not be later than forty-five years from their date of	7153
issue. Such resolution also shall provide for the execution of the	7154
bonds, which may be by facsimile signatures unless prohibited by	7155
the resolution, and the manner of sale of the bonds. The	7156
resolution shall provide for, or provide for the determination of,	7157
any other terms and conditions relative to the issuance, sale, and	7158
retirement of the bonds that the board of directors in its	7159
discretion determines to be reasonable and proper.	7160

Whenever a port authority considers it expedient, it may	7161
issue renewal notes and refund any bonds, whether the bonds to be	7162
refunded have or have not matured. The final maturity of any	7163
notes, including any renewal notes, shall not be later than five	7164
years from the date of issue of the original issue of notes. The	7165
final maturity of any refunding bonds shall not be later than the	7166
later of forty-five years from the date of issue of the original	7167
issue of bonds. The refunding bonds shall be sold and the proceeds	7168
applied to the purchase, redemption, or payment of the bonds to be	7169
refunded and the costs of issuance of the refunding bonds. The	7170
bonds and notes issued under this chapter, their transfer, and the	7171
income therefrom, shall at all times be free from taxation within	7172
the state.	7173

(5) Do any of the following, in regard to any interests in	7174
any real or personal property, or any combination thereof,	7175
including, without limitation, machinery, equipment, plants,	7176
factories, offices, and other structures and facilities related	7177
to, useful for, or in furtherance of any authorized purpose, for	7178
such consideration and in such manner, consistent with Article	7179
VIII, Ohio Constitution, as the board in its sole discretion may	7180
determine:	7181

(a) Loan moneys to any person or governmental entity for the	7182
acquisition, construction, furnishing, and equipping of the	7183
property;	7184

(b) Acquire, construct, maintain, repair, furnish, and equip	7185
the property;	7186

(c) Sell to, exchange with, lease, convey other interests in,	7187
or lease with an option to purchase the same or any lesser	7188
interest in the property to the same or any other person or	7189
governmental entity;	7190

(d) Guarantee the obligations of any person or governmental	7191
entity.	7192

A port authority may accept and hold as consideration for the	7193
conveyance of property or any interest therein such property or	7194
interests therein as the board in its discretion may determine,	7195
notwithstanding any restrictions that apply to the investment of	7196
funds by a port authority.	7197

(6) Construct, maintain, repair, furnish, equip, sell,	7198
exchange, lease, or lease with an option to purchase, any property	7199
that it is authorized to acquire. A port authority that is subject	7200
to this section also may operate any property in connection with	7201
transportation, recreational, governmental operations, or cultural	7202
activities.	7203

(a) Any purchase, exchange, sale, lease, lease with an option	7204
to purchase, conveyance of other interests in, or other contract	7205
with a person or governmental entity that pertains to the	7206
acquisition, construction, maintenance, repair, furnishing,	7207
equipping, or operation of any real or personal property, or any	7208
combination thereof, related to, useful for, or in furtherance of	7209
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	7210
Constitution, shall be made in such manner and subject to such	7211
terms and conditions as may be determined by the board of	7212
directors in its discretion.	7213

(b) Division (A)(6)(a) of this section applies to all	7214
contracts that are subject to the division, notwithstanding any	7215
other provision of law that might otherwise apply, including,	7216
without limitation, any requirement of notice, any requirement of	7217
competitive bidding or selection, or any requirement for the	7218
provision of security.	7219

(c) Divisions (A)(6)(a) and (b) of this section do not apply	7220
to either of the following:	7221

(i) Any contract secured by or to be paid from moneys raised	7222
by taxation or the proceeds of obligations secured by a pledge of	7223
moneys raised by taxation;	7224

(ii) Any contract secured exclusively by or to be paid	7225
exclusively from the general revenues of the port authority. For	7226
the purposes of this section, any revenues derived by the port	7227
authority under a lease or other agreement that, by its terms,	7228
contemplates the use of amounts payable under the agreement either	7229
to pay the costs of the improvement that is the subject of the	7230
contract or to secure obligations of the port authority issued to	7231
finance costs of such improvement, are excluded from general	7232
revenues.	7233

(7) Apply to the proper authorities of the United States	7234
pursuant to appropriate law for the right to establish, operate,	7235
and maintain foreign trade zones and to establish, operate, and	7236
maintain foreign trade zones; and to acquire land or property	7237
therefor, in a manner consistent with section 4582.17 of the	7238
Revised Code;	7239

(8) Exercise the right of eminent domain to appropriate any	7240
land, rights, rights-of-way, franchises, easements, or other	7241
property, necessary or proper for any authorized purpose, pursuant	7242
to the procedure provided in sections 163.01 to 163.22 of the	7243
Revised Code, if funds equal to the appraised value of the	7244
property to be acquired as a result of such proceedings are	7245
available for that purpose, except that nothing contained in	7246
sections 4582.01 to 4582.20 of the Revised Code shall authorize a	7247
port authority to take or disturb property or facilities belonging	7248
to any agency or political subdivision of this state, public	7249
utility, or common carrier, which property or facilities are	7250
necessary and convenient in the operation of the agency or	7251
political subdivision, public utility, or common carrier, unless	7252
provision is made for the restoration, relocation, or duplication	7253
of the property or facilities, or upon the election of the agency	7254
or political subdivision, public utility, or common carrier, for	7255
the payment of compensation, if any, at the sole cost of the port	7256
authority, provided that:	7257

(a) If any restoration or duplication proposed to be made	7258
pursuant to this section involves a relocation of such property or	7259
facilities, the new facilities and location shall be of at least	7260
comparable utilitarian value and effectiveness, and the relocation	7261
shall not impair the ability of the public utility or common	7262
carrier to compete in its original area of operation.	7263

(b) If any restoration or duplication made pursuant to this	7264
section involves a relocation of such property or facilities, the	7265
port authority shall acquire no interest or right in or to the	7266
appropriated property or facilities, except as provided in	7267
division (A)(11) of this section, until the relocated property or	7268
facilities are available for use and until marketable title	7269
thereto has been transferred to the public utility or common	7270
carrier.	7271

(c) Provisions for restoration or duplication shall be	7272
described in detail in the resolution for appropriation passed by	7273
the port authority.	7274

(9) Enjoy and possess the same rights, privileges, and powers	7275
granted municipal corporations under sections 721.04 to 721.11 of	7276
the Revised Code;	7277

(10) Maintain such funds as it considers necessary;

7278

(11) Direct its agents or employees, when properly identified	7279
in writing, and after at least five days' written notice, to enter	7280
upon lands within the confines of its jurisdiction in order to	7281
make surveys and examinations preliminary to location and	7282
construction of works for the purposes of the port authority,	7283
without liability of the port authority or its agents or employees	7284
except for actual damage done;	7285

(12) Sell, lease, or convey other interests in real and	7286
personal property and grant easements or rights-of-way over	7287
property of the port authority. The board of directors shall	7288
specify the consideration and any terms thereof for the sale,	7289
lease, or conveyance of other interests in real and personal	7290
property. Any determinations made by the board of directors under	7291
this division shall be conclusive. The sale, lease, or conveyance	7292
may be made without advertising and the receipt of bids.	7293

(13) Promote, advertise, and publicize the port authority	7294
facilities and its authorized purposes, provide information to	7295
persons with an interest in transportation and other port	7296
authority activities, and appear before rate-making authorities to	7297
represent and promote the interests of the port authority and its	7298
authorized purposes;	7299

(14) Adopt rules, not in conflict with general law, governing	7300
the use of and the safeguarding of its property, grounds,	7301
buildings, equipment, and facilities, safeguarding persons and	7302
their property located on or in port authority property, and	7303
governing the conduct of its employees and the public, in order to	7304
promote the public safety and convenience in and about its	7305
terminals and grounds, and to maintain order. Any such regulation	7306
shall be posted at no less than five public places in the port	7307
authority, as determined by the board of directors, for a period	7308
of not fewer than fifteen days, and shall be available for public	7309
inspection at the principal office of the port authority during	7310
regular business hours. No person shall violate any lawful	7311
regulation adopted and posted as provided in this division.	7312

(15) Do all acts necessary or appropriate to carry out its	7313
authorized purposes. The port authority shall have the powers and	7314
rights granted to other subdivisions under section 9.20 of the	7315
Revised Code.	7316

(B) Any instrument by which real property is acquired	7317
pursuant to this section shall identify the agency of the state	7318
that has the use and benefit of the real property as specified in	7319
section 5301.012 of the Revised Code.	7320

(C) Whoever violates division (A)(14) of this section is	7321
guilty of a minor misdemeanor.	7322

Sec. 4582.171. A port authority may charge, alter, and	7323
collect rentals or other charges for the use or services of any	7324
port authority facility and contract in the manner provided by	7325
this section with one or more persons, one or more governmental	7326
agencies, or any combination thereof, desiring the use or services	7327
of the facility, and fix the terms, conditions, rentals, or other	7328
charges for the use or services. If the services are furnished in	7329
the jurisdiction of the port authority by a public utility or a	7330
common carrier, charges by the port authority for the services	7331
shall not be less than the charges established for the same	7332
services furnished by a public utility or common carrier in the	7333
port authority jurisdiction. The rentals or other charges shall	7334
not be subject to supervision or regulation by any other	7335
authority, commission, board, bureau, or agency of the state and	7336
the contract may provide for acquisition by the person or	7337
governmental agency of all or any part of the port authority	7338
facility for such consideration payable over the period of the	7339
contract or otherwise as the port authority in its sole discretion	7340
determines to be appropriate, but subject to the provisions of any	7341
resolution authorizing the issuance of port authority revenue	7342
bonds or any trust agreement securing the bonds. Any governmental	7343
agency that has power to construct, operate, and maintain port	7344
authority facilities may enter into a contract or lease with a	7345
port authority whereby the use or services of any port authority	7346
facility will be made available to the governmental agency, and	7347
may pay for the use or services rentals or other charges as may be	7348
agreed to by the port authority and the governmental agency.	7349

Any governmental agency or combination of governmental	7350
agencies may cooperate with the port authority in the acquisition	7351
or construction of port authority facilities and shall enter into	7352
such agreements with the port authority as may be appropriate,	7353
with a view to effective cooperative action and safeguarding of	7354
the respective interests of the parties thereto, which agreements	7355
shall provide for contributions by the parties thereto in a	7356
proportion as may be agreed upon and other terms as may be	7357
mutually satisfactory to the parties including, without	7358
limitation, the authorization of the construction of the facility	7359
by one of the parties acting as agent for all of the parties and	7360
the ownership and control of the facility by the port authority to	7361
the extent necessary or appropriate. Any governmental agency may	7362
provide the funds for the payment of any contribution required	7363
under such agreements by the levy of taxes or assessments if	7364
otherwise authorized by the laws governing the governmental agency	7365
in the construction of the type of port authority facility	7366
provided for in the agreements, and may pay the proceeds from the	7367
collection of the taxes or assessments; or the governmental agency	7368
may issue bonds or notes, if authorized by those laws, in	7369
anticipation of the collection of the taxes or assessments, and	7370
may pay the proceeds of the bonds or notes to the port authority	7371
pursuant to such agreements. In addition, any governmental agency	7372
may provide the funds for the payment of a contribution by the	7373
appropriation of money or, if otherwise authorized by law, by the	7374
issuance of bonds or notes and may pay the appropriated money or	7375
the proceeds of the bonds or notes to the port authority pursuant	7376
to such agreements. The agreement by the governmental agency to	7377
provide a contribution, whether from appropriated money or from	7378
the proceeds of taxes or assessments, or bonds or notes, or any	7379
combination thereof, shall not be subject to Chapter 133. of the	7380
Revised Code or any rules or limitations contained therein. The	7381
proceeds from the collection of taxes or assessments, and any	7382
interest earned thereon, shall be paid into a special fund	7383
immediately upon the collection thereof by the governmental agency	7384
for the purpose of providing the contribution at the times	7385
required under such agreements.	7386

When the contribution of any governmental agency is to be	7387
made over a period of time from the proceeds of the collection of	7388
special assessments, the interest accrued and to accrue before the	7389
first installment of the assessments is collected, which is	7390
payable by the governmental agency on the contribution under the	7391
terms and provisions of the agreements, shall be treated as part	7392
of the cost of the improvement for which the assessments are	7393
levied, and that portion of the assessments that is collected in	7394
installments shall bear interest at the same rate as the	7395
governmental agency is obligated to pay on the contribution under	7396
the terms and provisions of the agreements and for the same period	7397
of time as the contribution is to be made under the agreements. If	7398
the assessment or any installment thereof is not paid when due, it	7399
shall bear interest until the payment thereof at the same rate as	7400
the contribution and the county auditor shall annually place on	7401
the tax list and duplicate the interest applicable to the	7402
assessment and the penalty thereon as otherwise authorized by law.	7403

As used in this section, the term "governmental agency" has	7404
the meaning defined in section 4582.21 of the Revised Code.	7405

Sec. 4737.04. (A) As used in this section and sections	7406
4737.041, 4737.042, 4737.043, 4737.044, 4737.045, and 4737.99 of	7407
the Revised Code:	7408

(1) "Scrap metal dealer" means the owner or operator of a	7409
business that purchases or receives scrap metal for the purpose of	7410
sorting, grading, and shipping metals to third parties for direct	7411
or indirect melting into new products.	7412

(2) "Special purchase article" means all of the following:

7413

(a) Beer kegs;

7414

(b) Cable, wire, electrical components, and other equipment	7415
used in providing cable service or any utility service, including,	7416
but not limited to, copper or aluminum coverings, housings, or	7417
enclosures related thereto;	7418

(c) Grave markers, sculptures, plaques, and vases made out of	7419
metal, the appearance of which suggests that the articles have	7420
been obtained from a cemetery;	7421

(d) Guard rails for bridges, highways, and roads; highway and	7422
street signs; street light poles and fixtures; worker access hole	7423
covers, water meter covers, and other similar types of utility	7424
access covers; traffic directional and control signs and light	7425
signals, metal marked with the name of a political subdivision of	7426
the state, and other metal articles that are purchased and	7427
installed for use upon authorization of the state or any political	7428
subdivision of the state;	7429

(e) Historical, commemorative, and memorial markers and	7430
plaques made out of metal;	7431

(f) Four-wheel metal carts, commonly referred to as "grocery	7432
carts," that are generally used by individuals to collect and	7433
transport consumer goods while shopping;	7434

(g) Four-wheel metal carts, commonly referred to as "metal	7435
bossies," that are used to transport or merchandise food products	7436
that are stored in crates, shells, or trays;	7437

(h) Railroad material, including journal brasses, rail	7438
spikes, rails, tie plates, frogs, and communication wire;	7439

(i) Metal trays, merchandise containers, or similar transport	7440
containers used by a product producer, distributor, retailer, or	7441
an agent of a product producer, distributor, or retailer as a	7442
means for the bulk transportation, storage, or carrying of retail	7443
containers of milk, baked goods, eggs, or bottled beverage	7444
products;	7445

(j) "Burnt wire," which is any coated metal wire that has	7446
been smelted, burned, or melted thereby removing the	7447
manufacturer's or owner's identifying marks.	7448

(3) "Bulk merchandise container" has the same meaning as in	7449
section 4737.012 of the Revised Code.	7450

(4) "Bulk merchandise container dealer" means a dealer who is	7451
subject to section 4737.012 of the Revised Code.	7452

(5) "Common recycled matter" means bottles and other	7453
containers made out of steel, tin, or aluminum and other consumer	7454
goods that are metal that are recycled by individual consumers and	7455
not in the bulk or quantity that could be supplied or recycled by	7456
large business establishments. "Common recycled matter" does not	7457
include a metal tray used by a product producer, distributor,	7458
retailer, or agent of a product producer, distributor, or retailer	7459
as a means for the bulk transportation, storage, or carrying of	7460
retail containers of milk, baked goods, eggs, or bottled beverage	7461
products.	7462

(6) "Consumer goods" has the same meaning as in section	7463
1309.102 of the Revised Code.	7464

(7) "Recyclable materials" means the metal materials	7465
described in division (C)(5) of this section, on the condition	7466
that those metal materials are not special purchase articles.	7467

(8) "Motor vehicle" has the same meaning as in section	7468
4501.01 of the Revised Code.	7469

(B)(1) No person shall engage in the business of scrap metal	7470
dealing or act as a bulk merchandise container dealer without	7471
first registering with the director of public safety in accordance	7472
with section 4737.045 of the Revised Code.	7473

(2) ~~Notwithstanding section 2913.02 of the Revised Code, no~~	7474
~~person, with purpose to deprive the owner of a special purchase~~	7475
~~article or bulk merchandise container, shall knowingly obtain or~~	7476
~~exert control over the special purchase article or bulk~~	7477
~~merchandise container in any of the following ways:~~	7478

~~(a) Without the consent of the owner or person authorized to~~	7479
~~give consent;~~	7480

~~(b) Beyond the scope of the express or implied consent of the~~	7481
~~owner or person authorized to give consent;~~	7482

~~(c) By deception;~~

7483

~~(d) By threat;~~

7484

~~(e) By intimidation.~~

7485

~~(3)~~ No person shall receive, purchase, or sell a special	7486
purchase article or a bulk merchandise container except as in	7487
accordance with sections 4737.012 and 4737.04 to 4737.045 of the	7488
Revised Code.	7489

(C) Every scrap metal dealer shall maintain a record book or	7490
electronic file, in which the dealer shall keep an accurate and	7491
complete record of all articles purchased or received by the	7492
dealer in the course of the dealer's daily business. On and after	7493
September 11, 2008, every entry in the record book or electronic	7494
file shall be numbered consecutively and, on or after ~~the~~	7495
~~effective date of this amendment~~September 28, 2012, shall be	7496
maintained for inspection in numerical order. Until the registry	7497
developed by the director pursuant to section 4737.045 of the	7498
Revised Code is operational, a dealer shall maintain the record	7499
for each article purchased or received for a minimum period of one	7500
year after the date the dealer purchased or received the article,	7501
except that the dealer shall maintain the photograph required	7502
under division (I) of this section only for a period of sixty days	7503
after the dealer purchased or received the article. Beginning on	7504
the date the registry is operational, a dealer shall maintain the	7505
record for each article purchased or received only for a period of	7506
sixty days after the date the dealer purchased or received the	7507
article. The director shall adopt rules for the format and	7508
maintenance of the records required under this division.	7509

The records shall contain all of the following:

7510

(1) The name and residence of the person from whom the	7511
articles were purchased or received, a copy of that person's	7512
personal identification card, and a photograph of the person taken	7513
pursuant to division (I) of this section;	7514

(2) The date and time the scrap metal dealer purchased or	7515
received the articles and the weight of the articles as determined	7516
by a licensed commercial scale;	7517

(3) If the seller or provider of the articles arrives at the	7518
dealer's place of business in a motor vehicle, the license plate	7519
number of that motor vehicle along with the state that issued the	7520
license plate;	7521

(4) For metal articles that are not recyclable materials, a	7522
full and accurate description of each article purchased or	7523
received by the dealer that includes identifying letters or marks	7524
written, inscribed, or otherwise included on the article and the	7525
name and maker of the article if known;	7526

(5) For recyclable materials that are not special purchase	7527
articles, the following category codes to identify the recyclable	7528
materials that the dealer receives:	7529

(a) "Number one copper," which includes clean copper pipe,	7530
clean copper wire, or other number one copper that does not have	7531
solder, paint, or coating;	7532

(b) "Number two copper," which includes unclean copper pipe,	7533
unclean copper wire, or other number two copper;	7534

(c) "Sheet copper," which includes copper roofing, copper	7535
gutters, copper downspouts, and other sheet copper;	7536

(d) "Insulated copper wire";

7537

(e) "Aluminum or copper radiators," which includes aluminum	7538
radiators, aluminum copper radiators, and copper radiators;	7539

(f) "Red brass," which includes red brass values and other	7540
red brass;	7541

(g) "Yellow brass," which includes yellow brass fixtures,	7542
yellow brass valve and fitting, ornamental brass, and other yellow	7543
brass;	7544

(h) "Aluminum sheet";

7545

(i) "Aluminum extrusions," which includes aluminum bleachers,	7546
aluminum benches, aluminum frames, aluminum pipe, and other	7547
aluminum extrusions;	7548

(j) "Cast aluminum," which includes aluminum grills,	7549
lawnmower decks made of aluminum, aluminum motor vehicle parts and	7550
rims, and other cast aluminum;	7551

(k) "Clean aluminum wire";

7552

(l) "Unclean aluminum wire";

7553

(m) "Aluminum exteriors," which includes aluminum siding,	7554
aluminum gutters and downspouts, aluminum shutters, aluminum trim,	7555
and other aluminum exterior items;	7556

(n) "Contaminated aluminum";

7557

(o) "Stainless steel," which includes, sinks, appliance	7558
housing, dishes, pots, pans, pipe, and other items made out of	7559
stainless steel;	7560

(p) "Large appliances," which includes consumer and other	7561
appliances;	7562

(q) "Steel structural," which includes all structural steel	7563
such as I-beams, trusses, channel iron, and similar steel from	7564
buildings;	7565

(r) "Miscellaneous steel," which includes steel grates, steel	7566
farm machinery, steel industrial machinery, steel motor vehicle	7567
frames, and other items made out of steel;	7568

(s) "Sheet irons," which includes bicycles, motor vehicle	7569
body parts made of iron, and other items made using sheet iron;	7570

(t) "Motor vehicle nonbody parts," which includes motor	7571
vehicle batteries, radiators, and other nonbody motor vehicle	7572
parts;	7573

(u) "Catalytic converters";

7574

(v) "Lead";

7575

(w) "Electric motors.";

7576

(x) "Electronic scrap," which includes any consumer or	7577
commercial electronic equipment such as computers, servers,	7578
routers, video displays, and similar products.	7579

(6) For recyclable materials that are special purchase	7580
articles, the relevant category provided in division (A)(2) of	7581
this section.	7582

(D) Railroad material, including journal brasses, rail	7583
spikes, rails, tie plates, frogs, and communication wire, other	7584
than purchases and sales under sections 4973.13 to 4973.16 of the	7585
Revised Code, shall be held by a scrap metal dealer for a period	7586
of thirty days after being purchased or acquired.	7587

(E)(1) The records required under division (C) of this	7588
section or under section 4737.012 of the Revised Code shall be	7589
open for inspection by the representative of any law enforcement	7590
agency, railroad police officers, and the director of public	7591
safety or the director's designated representative during all	7592
business hours. A scrap metal dealer or bulk merchandise container	7593
dealer shall do both of the following:	7594

(a) Provide a copy of those records to any law enforcement	7595
agency or railroad police officer that requests the records or to	7596
the director or director's representative, upon request;	7597

(b) Prepare a daily electronic report, the content and format	7598
of which shall be established in rules adopted by the director,	7599
listing all retail transactions that occurred during the preceding	7600
day and containing the information described in division (C) of	7601
this section or division (A) of section 4737.012 of the Revised	7602
Code, as applicable. The dealer shall electronically transfer, by	7603
twelve noon eastern standard time, the report for inclusion in the	7604
registry created pursuant to division (E) of section 4737.045 of	7605
the Revised Code.	7606

(2) A law enforcement agency may inspect any photographic	7607
records collected and maintained by a scrap metal dealer of either	7608
yard operations or individual transactions. Records submitted to	7609
any law enforcement agency pursuant to this section are not public	7610
records for purposes of section 149.43 of the Revised Code.	7611

~~(2)~~(3) Records submitted to any law enforcement agency,	7612
railroad police officer, or the director or the director's	7613
designated representative as required by section 4737.012 of the	7614
Revised Code and sections 4737.04 to 4737.045 of the Revised Code	7615
shall not be public records for the purposes of section 149.43 of	7616
the Revised Code.	7617

(4) Notwithstanding division (E)(3) of this section, the	7618
names and addresses of scrap metal dealers and bulk merchandise	7619
container dealers shall be made available to the public by the	7620
director upon request.	7621

(5) A person who claims to own a stolen article that may be	7622
identified in those records, or an agent of that person, who	7623
provides proof of having filed a stolen property report with the	7624
appropriate law enforcement agency, may request those records. The	7625
law enforcement agency shall provide those records upon a request	7626
made by such a person or that person's agent, but the law	7627
enforcement agency shall redact information that reveals the name	7628
of the seller of any article and the price the dealer paid for any	7629
article the dealer purchased or the estimated value of any article	7630
the dealer received. The law enforcement agency shall determine	7631
which records to provide, based upon the time period that the	7632
alleged theft is reported to have taken place. A law enforcement	7633
agency may charge or collect a fee for providing records as	7634
required by this section.	7635

(F)(1) No scrap metal dealer shall purchase or receive any	7636
metal articles, and no bulk merchandise container dealer shall	7637
purchase or receive any bulk merchandise containers, from a person	7638
who refuses to show the dealer the person's personal	7639
identification card, or who refuses to allow the dealer to take a	7640
photograph of the person as required under division (I) of this	7641
section or of the person or container as required under division	7642
(B) of section 4737.012 of the Revised Code.	7643

(2) The law enforcement agency that serves the jurisdiction	7644
in which a scrap metal dealer or a bulk merchandise container	7645
dealer is located shall provide to the scrap metal dealer or bulk	7646
merchandise container dealer a searchable, electronic list	7647
prepared in accordance with rules adopted by the director, as that	7648
agency determines appropriate, of the names and descriptions of	7649
persons known to be thieves or receivers of stolen property. The	7650
law enforcement agency may request the appropriate clerk of courts	7651
to provide the list. No scrap metal dealer or bulk merchandise	7652
container dealer shall purchase or receive articles from any	7653
person who is either identified on the list the dealer receives	7654
from the law enforcement agency, or who appears on the lists made	7655
available by the director pursuant to division (E) of section	7656
4737.045 of the Revised Code. The law enforcement agency also	7657
shall provide the list to the department of public safety, in an	7658
electronic format in accordance with rules adopted by the	7659
director, for inclusion in the registry created in section	7660
4737.045 of the Revised Code.	7661

(3) No scrap metal dealer or bulk merchandise container	7662
dealer shall purchase or receive any special purchase articles or	7663
bulk merchandise containers from any person who is under eighteen	7664
years of age.	7665

(4) No scrap metal dealer shall purchase or receive any	7666
special purchase article without complying with division (C) or	7667
and (I) of this section and division (B), (C), or (D) of section	7668
4737.041 of the Revised Code.	7669

(5) No scrap metal dealer shall purchase or receive more than	7670
one catalytic converter per day from the same person except from a	7671
motor vehicle dealer as defined in section 4517.01 of the Revised	7672
Code.	7673

(6) No scrap metal dealer shall purchase or receive a beer	7674
keg that is marked with a company name or logo except from a	7675
manufacturer of beer as described in section 4303.02 of the	7676
Revised Code or an agent authorized by the manufacturer to dispose	7677
of damaged kegs.	7678

(7) No scrap metal dealer shall treat a transaction as exempt	7679
from section 4737.04 or 4737.041 of the Revised Code unless the	7680
seller provides evidence of satisfying division (D)(3) of section	7681
4737.043 of the Revised Code.	7682

(G) Every scrap metal dealer and bulk merchandise container	7683
dealer shall post a notice in a conspicuous place on the dealer's	7684
premises notifying persons who may wish to transact business with	7685
the dealer of the penalties applicable to any person who does any	7686
of the following:	7687

(1) Provides a false personal identification card to the	7688
dealer;	7689

(2) With purpose to defraud, provides any other false	7690
information to the dealer in connection with the dealer's duty to	7691
maintain the records required under division (C) of this section	7692
or under section 4737.012 of the Revised Code;	7693

(3) Violates section 2913.02 of the Revised Code ~~or division~~	7694
~~(B)(2) of this section~~.	7695

(H)(1) Except as otherwise provided in division (F)(2) of	7696
this section, a clerk of courts or an employee of a clerk of	7697
courts; a chief of police, marshal, or other chief law enforcement	7698
officer; a sheriff, constable, or chief of police of a township	7699
police department or police district police force; a deputy,	7700
officer, or employee of the law enforcement agency served by the	7701
marshal or the municipal or township chief, the office of the	7702
sheriff, or the constable; and an employee of the department of	7703
public safety is immune from liability in a civil action,	7704
including an action for defamation, libel, or slander, to recover	7705
damages for injury, death, or loss to persons or property or	7706
reputation allegedly caused by an act or omission in connection	7707
with compiling and providing the list required by division (F)(2)	7708
of this section.	7709

(2) The immunity described in division (H)(1) of this section	7710
does not apply to a person described in that division if, in	7711
relation to the act or omission in question, any of the following	7712
applies:	7713

(a) The act or omission was manifestly outside the scope of	7714
the person's employment or official responsibilities.	7715

(b) The act or omission was with malicious purpose, in bad	7716
faith, or in a wanton or reckless manner.	7717

(c) Liability for the act or omission is expressly imposed by	7718
a section of the Revised Code.	7719

(I) Every scrap metal dealer shall take a photograph, in	7720
accordance with rules adopted by the director, of each person who	7721
sells or otherwise gives the dealer an article for which the	7722
dealer must make record under division (C) of this section.	7723

The dealer shall take the required photograph at the time the	7724
dealer purchases or receives the article and shall keep the	7725
photograph as part of the record in accordance with division (C)	7726
of this section.	7727

(J)(1) An individual listed as a known thief or receiver of	7728
stolen property on a list prepared pursuant to division (F)(2) of	7729
this section may request that the individual's name be removed	7730
from the list by filing an application with the law enforcement	7731
agency responsible for preparing the list.	7732

(2) A law enforcement agency receiving an application in	7733
accordance with division (J)(1) of this section shall remove the	7734
applicant's name from the list of known thieves and receivers of	7735
stolen property if the individual has not been convicted of or	7736
pleaded guilty to either a misdemeanor that is a theft offense, as	7737
defined in section 2913.01 of the Revised Code, within three years	7738
immediately prior to the date of the application or a felony that	7739
is a theft offense within six years immediately prior to the date	7740
of the application.	7741

Sec. 4737.99. (A) Except as specified in divisions (B), (C),	7742
(D), (E), and (F) of this section, whoever violates sections	7743
4737.01 to 4737.11 of the Revised Code, shall be fined not less	7744
than twenty-five nor more than one thousand dollars and the costs	7745
of prosecution.	7746

(B) Whoever violates division (F)(2) of section 4737.10 of	7747
the Revised Code is guilty of a misdemeanor of the fourth degree.	7748

(C) Whoever fails to comply with or violates section 4737.01,	7749
4737.012, or 4737.041, division (C), (D), (E), (F), (G), or (I) of	7750
section 4737.04, or division (D) of section 4737.045 of the	7751
Revised Code is guilty of a misdemeanor of the first degree. If	7752
the offender one time previously has violated or failed to comply	7753
with section 4737.01, 4737.012, or 4737.041, division (C), (D),	7754
(E), (F), (G), or (I) of section 4737.04, or division (D) of	7755
section 4737.045 of the Revised Code, the violation or failure is	7756
a felony of the fifth degree. If the offender two or more times	7757
previously has violated or failed to comply with section 4737.01,	7758
4737.012, or 4737.041, division (C), (D), (E), (F), (G), or (I) of	7759
section 4737.04, or division (D) of section 4737.045 of the	7760
Revised Code, the violation or failure is a felony of the fourth	7761
degree. For any second or subsequent violation of or failure to	7762
comply with section 4737.01, 4737.012, or 4737.041, or division	7763
(C), (D), (E), (F), (G), or (I) of section 4737.04, or division	7764
(D) of section 4737.045 of the Revised Code, a court may suspend	7765
the registration issued to the scrap metal dealer or bulk	7766
merchandise container dealer under section 4737.045 of the Revised	7767
Code for a period of ninety days, during which time period the	7768
person shall not engage in the business of a scrap metal dealer or	7769
a bulk merchandise container dealer, as applicable.	7770

(D) Whoever violates division (B)(1) of section 4737.04 of	7771
the Revised Code is guilty of a felony of the fifth degree. The	7772
court also shall enjoin the person from engaging in the business	7773
of a scrap metal dealer or a bulk merchandise dealer.	7774

(E) ~~Notwithstanding section 2913.02 of the Revised Code,~~	7775
~~whoever~~Whoever violates division (B)(2) ~~or (3)~~ of section 4737.04	7776
of the Revised Code is guilty of a felony of the fifth degree for	7777
the first offense and a felony of the third degree for any	7778
subsequent offense.	7779

(F) Any motor vehicle used in the theft or illegal	7780
transportation of metal shall be impounded for at least thirty	7781
days and not more than sixty days. If the same motor vehicle is	7782
used in connection with a second or subsequent theft or illegal	7783
transportation of metal, the motor vehicle shall be impounded for	7784
at least sixty days and not more than one hundred eighty days. Any	7785
motor vehicle used in the theft or illegal transportation of a	7786
special purchase article or bulk merchandise container shall be	7787
impounded for at least ninety days and not more than three hundred	7788
sixty days. A motor vehicle impounded pursuant to this division	7789
shall be stored at a municipal corporation impound lot, if	7790
available, or at a lot owned by a private entity or another	7791
governmental unit that the municipal corporation utilizes for the	7792
purpose of impounding a motor vehicle. An impounded motor vehicle	7793
may be recovered from the impound lot at the end of the impound	7794
term upon payment of fees~~, fifty per cent of which shall be~~	7795
~~remitted to the department of public safety to offset the costs of~~	7796
~~operating the registry established pursuant to section 4737.045 of~~	7797
~~the Revised Code~~.	7798

Sec. 4743.05. Except as otherwise provided in sections	7799
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	7800
Revised Code, all money collected under Chapters 3773., 4701.,	7801
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	7802
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	7803
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	7804
shall be paid into the state treasury to the credit of the	7805
occupational licensing and regulatory fund, which is hereby	7806
created for use in administering such chapters.	7807

At the end of each quarter, the director of budget and	7808
management shall transfer from the occupational licensing and	7809
regulatory fund to the nurse education assistance fund created in	7810
section 3333.28 of the Revised Code the amount certified to the	7811
director under division (B) of section 4723.08 of the Revised	7812
Code.	7813

At the end of each quarter, the director shall transfer from	7814
the occupational licensing and regulatory fund to the certified	7815
public accountant education assistance fund created in section	7816
4701.26 of the Revised Code the amount certified to the director	7817
under division (H)(2) of section 4701.10 of the Revised Code.	7818

Sec. 4765.02. (A)(1) There is hereby created the state board	7819
of emergency medical, fire, and transportation services within the	7820
division of emergency medical services of the department of public	7821
safety. The board shall consist of the members specified in this	7822
section who are residents of this state. The governor, with the	7823
advice and consent of the senate, shall appoint all members of the	7824
board, except the employee of the department of public safety	7825
designated by the director of public safety under this section to	7826
be a member of the board. In making the appointments, the governor	7827
shall appoint only members with background or experience in	7828
emergency medical services or trauma care and shall attempt to	7829
include members representing urban and rural areas, various	7830
geographical regions of the state, and various schools of	7831
training.	7832

(2) One member of the board shall be a physician certified by	7833
the American board of emergency medicine or the American	7834
osteopathic board of emergency medicine who is active in the	7835
practice of emergency medicine and is actively involved with an	7836
emergency medical service organization. The governor shall appoint	7837
this member from among three persons nominated by the Ohio chapter	7838
of the American college of emergency physicians and three persons	7839
nominated by the Ohio osteopathic association. One member shall be	7840
a physician certified by the American board of surgery or the	7841
American osteopathic board of surgery who is active in the	7842
practice of trauma surgery and is actively involved with emergency	7843
medical services. The governor shall appoint this member from	7844
among three persons nominated by the Ohio chapter of the American	7845
college of surgeons and three persons nominated by the Ohio	7846
osteopathic association. One member shall be a physician certified	7847
by the American academy of pediatrics or American osteopathic	7848
board of pediatrics who is active in the practice of pediatric	7849
emergency medicine and actively involved with an emergency medical	7850
service organization. The governor shall appoint this member from	7851
among three persons nominated by the Ohio chapter of the American	7852
academy of pediatrics and three persons nominated by the Ohio	7853
osteopathic association. ~~One member shall be the administrator of~~	7854
~~an adult or pediatric trauma center. The governor shall appoint~~	7855
~~this member from among three persons nominated by the OHA: the~~	7856
~~association for hospitals and health systems, three persons~~	7857
~~nominated by the Ohio osteopathic association, three persons~~	7858
~~nominated by the association of Ohio children's hospitals, and~~	7859
~~three persons nominated by the health forum of Ohio.~~ One member	7860
shall be the administrator of a hospital ~~that is not a trauma~~	7861
~~center~~located in this state. The governor shall appoint this	7862
member from among three persons nominated by OHA: the association	7863
for hospitals and health systems, three persons nominated by the	7864
Ohio osteopathic association, and three persons nominated by the	7865
association of Ohio children's hospitals~~, and three persons~~	7866
~~nominated by the health forum of Ohio~~. One member shall be a	7867
~~registered nurse~~an adult or pediatric trauma program manager or	7868
trauma program director who is involved in the ~~active practice of~~	7869
~~emergency nursing~~daily management of a verified trauma center.	7870
The governor shall appoint this member from among three persons	7871
nominated by the Ohio nurses association, three persons nominated	7872
by the Ohio society of trauma nurse leaders, and three persons	7873
nominated by the Ohio state council of the emergency nurses	7874
association. One member shall be the chief of a fire department	7875
that is also an emergency medical service organization in which	7876
more than fifty per cent of the persons who provide emergency	7877
medical services are full-time paid employees. The governor shall	7878
appoint this member from among three persons nominated by the Ohio	7879
fire chiefs' association. One member shall be the chief of a fire	7880
department that is also an emergency medical service organization	7881
in which more than fifty per cent of the persons who provide	7882
emergency medical services are volunteers. The governor shall	7883
appoint this member from among three persons nominated by the Ohio	7884
fire chiefs' association. One member shall be a person who is	7885
certified to teach under section 4765.23 of the Revised Code ~~or,~~	7886
~~if the board has not yet certified persons to teach under that~~	7887
~~section, a person who is qualified to be certified to teach under~~	7888
~~that section~~and holds a valid certificate to practice as an EMT,	7889
AEMT, or paramedic. The governor shall appoint this member from	7890
among three persons nominated by the Ohio emergency medical	7891
technician instructors association and the Ohio	7892
instructor/coordinators' society. One member shall be an	7893
~~EMT-basic, one shall be an EMT-I, and one~~EMT, AEMT, or paramedic,	7894
and one member shall be a paramedic. The governor shall appoint	7895
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	7896
AEMTs and three paramedics nominated by the Ohio association of	7897
professional fire fighters and three ~~EMTs-basic~~EMTs, three ~~EMTs-I~~	7898
AEMTs, and three paramedics nominated by the northern Ohio fire	7899
fighters. One member shall be an ~~EMT-basic, one shall be an~~	7900
~~EMT-I, and one~~EMT, AEMT, or paramedic, and one member shall be a	7901
paramedic ~~whom the~~. The governor shall appoint these members	7902
from among three ~~EMTs-basic, three EMTs-I,~~EMTs or AEMTs and	7903
three paramedics nominated by the Ohio state firefighter's	7904
association. One member shall be a person whom the governor shall	7905
appoint from among an ~~EMT-basic, an EMT-I, and~~EMT, AEMT, or a	7906
paramedic nominated by the Ohio association of emergency medical	7907
services or the Ohio ambulance and medical transportation	7908
association. One member shall be an EMT, AEMT, or a paramedic,	7909
whom the governor shall appoint from among three persons nominated	7910
by the Ohio ambulance and medical transportation association. One	7911
member shall be a paramedic, whom the governor shall appoint from	7912
among three persons nominated by the Ohio ambulance and medical	7913
transportation association. ~~The governor shall appoint one member~~	7914
~~who is an EMT-basic, EMT-I, or paramedic affiliated with an~~	7915
~~emergency medical services organization. One member shall be a~~	7916
~~member of the Ohio ambulance association whom the governor shall~~	7917
~~appoint from among three persons nominated by the Ohio ambulance~~	7918
~~association. One member shall be a physician certified by the~~	7919
~~American board of surgery, American board of osteopathic surgery,~~	7920
~~American osteopathic board of emergency medicine, or American~~	7921
~~board of emergency medicine who is the chief medical officer of an~~	7922
~~air medical agency and is currently active in providing emergency~~	7923
~~medical services. The governor shall appoint this member from~~	7924
~~among three persons nominated by the Ohio association of air~~	7925
~~medical services.~~One member shall be the owner or operator of a	7926
private emergency medical service organization whom the governor	7927
shall appoint from among three persons nominated by the Ohio	7928
ambulance and medical transportation association. One member shall	7929
be a provider of mobile intensive care unit transportation in this	7930
state whom the governor shall appoint from among three persons	7931
nominated by the Ohio association of critical care transport. One	7932
member shall be a provider of air-medical transportation in this	7933
state whom the governor shall appoint from among three persons	7934
nominated by the Ohio association of critical care transport. One	7935
member shall be the owner or operator of a nonemergency medical	7936
service organization in this state that provides ambulette	7937
services whom the governor shall appoint from among three persons	7938
nominated by the Ohio ambulance and medical transportation	7939
association.	7940

The governor may refuse to appoint any of the persons	7941
nominated by one or more organizations under division (A)(2) of	7942
this section, except the employee of the department of public	7943
safety designated by the director of public safety under this	7944
section to be a member of the board. In that event, the	7945
organization or organizations shall continue to nominate the	7946
required number of persons until the governor appoints to the	7947
board one or more of the persons nominated by the organization or	7948
organizations.	7949

The director of public safety shall designate an employee of	7950
the department of public safety to serve as a member of the board	7951
at the director's pleasure. This member shall serve as a liaison	7952
between the department and the division of emergency medical	7953
services in cooperation with the executive director of the board.	7954

~~Initial appointments to the board by the governor and the~~	7955
~~director of public safety shall be made within ninety days after~~	7956
~~November 12, 1992. Of the initial appointments by the governor,~~	7957
~~five shall be for terms ending one year after November 12, 1992,~~	7958
~~six shall be for terms ending two years after November 12, 1992,~~	7959
~~and six shall be for terms ending three years after November 12,~~	7960
~~1992. Within ninety days after the effective date of this~~	7961
~~amendment, the governor shall appoint the member of the board who~~	7962
~~is the chief medical officer of an air medical agency for an~~	7963
~~initial term ending November 12, 2000. Thereafter, terms~~	7964

(B) Terms of office of all members appointed by the governor	7965
shall be for three years, each term ending on the same day of the	7966
same month as did the term it succeeds. Each member shall hold	7967
office from the date of appointment until the end of the term for	7968
which the member was appointed. A member shall continue in office	7969
subsequent to the expiration date of the member's term until the	7970
member's successor takes office, or until a period of sixty days	7971
has elapsed, whichever occurs first.	7972

Each vacancy shall be filled in the same manner as the	7973
original appointment. A member appointed to fill a vacancy	7974
occurring prior to the expiration of the term for which the	7975
member's predecessor was appointed shall hold office for the	7976
remainder of the unexpired term.	7977

The term of a member shall expire if the member ceases to	7978
meet any of the requirements to be appointed as that member. The	7979
governor may remove any member from office for neglect of duty,	7980
malfeasance, misfeasance, or nonfeasance, after an adjudication	7981
hearing held in accordance with Chapter 119. of the Revised Code.	7982

(C) The members of the board shall serve without compensation	7983
but shall be reimbursed for their actual and necessary expenses	7984
incurred in carrying out their duties as board members.	7985

(D) The board shall organize by annually selecting a chair	7986
and vice-chair from among its members. The board may adopt bylaws	7987
to regulate its affairs. A majority of all members of the board	7988
shall constitute a quorum. No action shall be taken without the	7989
concurrence of a majority of all members of the board. The board	7990
shall meet at least four times annually and at the call of the	7991
chair. The chair shall call a meeting on the request of the	7992
executive director or the medical director of the board or on the	7993
written request of five members. The board shall maintain written	7994
or electronic records of its meetings.	7995

(E) Upon twenty-four hours' notice from a member of the	7996
board, the member's employer shall release the member from the	7997
member's employment duties to attend meetings of the full board.	7998
Nothing in this ~~paragraph~~division requires the employer of a	7999
member of the board to compensate the member for time the member	8000
is released from employment duties under this paragraph, but any	8001
civil immunity, workers' compensation, disability, or similar	8002
coverage that applies to a member of the board as a result of the	8003
member's employment shall continue to apply while the member is	8004
released from employment duties under this paragraph.	8005

Sec. 4765.03. (A) The director of public safety shall	8006
appoint a full-time executive director for the state board of	8007
emergency medical, fire, and transportation services. The	8008
executive director shall be knowledgeable in emergency medical	8009
services and trauma care and shall serve at the pleasure of the	8010
director of public safety. The director of public safety shall	8011
appoint the executive director from among three persons nominated	8012
by the board. The director of public safety may refuse, for cause,	8013
to appoint any of the board's nominees. If the director fails to	8014
appoint any of the board's nominees, the board shall continue to	8015
nominate groups of three persons until the director does appoint	8016
one of the board's nominees. The executive director shall serve as	8017
the chief executive officer of the board and as the executive	8018
director of the division of emergency medical services. The	8019
executive director shall attend each meeting of the board, except	8020
the board may exclude the executive director from discussions	8021
concerning the employment or performance of the executive director	8022
or medical director of the board. The executive director shall	8023
give a surety bond to the state in such sum as the board	8024
determines, conditioned on the faithful performance of the duties	8025
of the executive director's office. The executive director shall	8026
receive a salary from the board and shall be reimbursed for actual	8027
and necessary expenses incurred in carrying out duties as	8028
executive director.	8029

The executive director shall submit a report to the director	8030
of public safety at least every three months regarding the status	8031
of emergency medical services in this state. The executive	8032
director shall meet with the director of public safety at the	8033
director's request.	8034

(B) The board shall appoint a medical director, who shall	8035
serve at the pleasure of the board. The medical director shall be	8036
a physician certified by the American board of emergency medicine	8037
or the American osteopathic board of emergency medicine who is	8038
active in the practice of emergency medicine and has been actively	8039
involved with an emergency medical service organization for at	8040
least five years prior to being appointed. The board shall	8041
consider any recommendations for this appointment from the Ohio	8042
chapter of the American college of emergency physicians, the Ohio	8043
chapter of the American college of surgeons, the Ohio chapter of	8044
the American academy of pediatrics, the Ohio osteopathic	8045
association, and the Ohio state medical association.	8046

The medical director shall direct the executive director and	8047
advise the board with regard to adult and pediatric trauma and	8048
emergency medical services issues. The medical director shall	8049
attend each meeting of the board, except the board may exclude the	8050
medical director from discussions concerning the appointment or	8051
performance of the medical director or executive director of the	8052
board. The medical director shall be employed and paid by the	8053
board and shall be reimbursed for actual and necessary expenses	8054
incurred in carrying out duties as medical director.	8055

(C) The board may appoint employees as it determines	8056
necessary. The board shall prescribe the duties and titles of its	8057
employees.	8058

Sec. 4765.04. (A) The firefighter and fire safety inspector	8059
training committee of the state board of emergency medical, fire,	8060
and transportation services is hereby created and shall consist of	8061
the members of the board who are chiefs of fire departments, and	8062
the members of the board who are emergency medical	8063
technicians-basic, emergency medical technicians-intermediate, and	8064
emergency medical technicians-paramedic appointed from among	8065
persons nominated by the Ohio association of professional fire	8066
fighters or the northern Ohio fire fighters and from among persons	8067
nominated by the Ohio state firefighter's association. Each member	8068
of the committee, except the chairperson, may designate a person	8069
with fire experience to serve in that member's place. The members	8070
of the committee or their designees shall select a chairperson	8071
from among the members or their designees.	8072

The committee may conduct investigations in the course of	8073
discharging its duties under this chapter. In the course of an	8074
investigation, the committee may issue subpoenas. If a person	8075
subpoenaed fails to comply with the subpoena, the committee may	8076
authorize its chairperson to apply to the court of common pleas in	8077
the county where the person to be subpoenaed resides for an order	8078
compelling compliance in the same manner as compliance with a	8079
subpoena issued by the court is compelled.	8080

(B) The trauma committee of the state board of emergency	8081
medical, fire, and transportation services is hereby created and	8082
shall consist of the following members appointed by the director	8083
of public safety:	8084

(1) A physician who is certified by the American board of	8085
surgery or American osteopathic board of surgery and actively	8086
practices general trauma surgery, appointed from among three	8087
persons nominated by the Ohio chapter of the American college of	8088
surgeons, three persons nominated by the Ohio state medical	8089
association, and three persons nominated by the Ohio osteopathic	8090
association;	8091

(2) A physician who is certified by the American board of	8092
surgery or the American osteopathic board of surgery and actively	8093
practices orthopedic trauma surgery, appointed from among three	8094
persons nominated by the Ohio orthopedic society and three persons	8095
nominated by the Ohio osteopathic association;	8096

(3) A physician who is certified by the American board of	8097
neurological surgeons or the American osteopathic board of surgery	8098
and actively practices neurosurgery on trauma victims, appointed	8099
from among three persons nominated by the Ohio state neurological	8100
society and three persons nominated by the Ohio osteopathic	8101
association;	8102

(4) A physician who is certified by the American board of	8103
surgeons or American osteopathic board of surgeons and actively	8104
specializes in treating burn victims, appointed from among three	8105
persons nominated by the Ohio chapter of the American college of	8106
surgeons and three persons nominated by the Ohio osteopathic	8107
association;	8108

(5) A dentist who is certified by the American board of oral	8109
and maxillofacial surgery and actively practices oral and	8110
maxillofacial surgery, appointed from among three persons	8111
nominated by the Ohio dental association;	8112

(6) A physician who is certified by the American board of	8113
physical medicine and rehabilitation or American osteopathic board	8114
of rehabilitation medicine and actively provides rehabilitative	8115
care to trauma victims, appointed from among three persons	8116
nominated by the Ohio society of physical medicine and	8117
rehabilitation and three persons nominated by the Ohio osteopathic	8118
association;	8119

(7) A physician who is certified by the American board of	8120
surgery or American osteopathic board of surgery with special	8121
qualifications in pediatric surgery and actively practices	8122
pediatric trauma surgery, appointed from among three persons	8123
nominated by the Ohio chapter of the American academy of	8124
pediatrics and three persons nominated by the Ohio osteopathic	8125
association;	8126

(8) A physician who is certified by the American board of	8127
emergency medicine or American osteopathic board of emergency	8128
medicine, actively practices emergency medicine, and is actively	8129
involved in emergency medical services, appointed from among three	8130
persons nominated by the Ohio chapter of the American college of	8131
emergency physicians and three persons nominated by the Ohio	8132
osteopathic association;	8133

(9) A physician who is certified by the American board of	8134
pediatrics, American osteopathic board of pediatrics, or American	8135
board of emergency medicine, is sub-boarded in pediatric emergency	8136
medicine, actively practices pediatric emergency medicine, and is	8137
actively involved in emergency medical services, appointed from	8138
among three persons nominated by the Ohio chapter of the American	8139
academy of pediatrics, three persons nominated by the Ohio chapter	8140
of the American college of emergency physicians, and three persons	8141
nominated by the Ohio osteopathic association;	8142

(10) A physician who is certified by the American board of	8143
surgery, American osteopathic board of surgery, or American board	8144
of emergency medicine and is the chief medical officer of an air	8145
medical organization, appointed from among three persons nominated	8146
by the Ohio association of air medical services;	8147

(11) A coroner or medical examiner appointed from among three	8148
people nominated by the Ohio state coroners' association;	8149

(12) A registered nurse who actively practices trauma nursing	8150
at an adult or pediatric trauma center, appointed from among three	8151
persons nominated by the Ohio association of trauma nurse	8152
coordinators;	8153

(13) A registered nurse who actively practices emergency	8154
nursing and is actively involved in emergency medical services,	8155
appointed from among three persons nominated by the Ohio chapter	8156
of the emergency nurses' association;	8157

(14) The chief trauma registrar of an adult or pediatric	8158
trauma center, appointed from among three persons nominated by the	8159
alliance of Ohio trauma registrars;	8160

(15) The administrator of an adult or pediatric trauma	8161
center, appointed from among three persons nominated by OHA: the	8162
association for hospitals and health systems, three persons	8163
nominated by the Ohio osteopathic association, three persons	8164
nominated by the association of Ohio children's hospitals, and	8165
three persons nominated by the health forum of Ohio;	8166

(16) The administrator of a hospital that is not a trauma	8167
center and actively provides emergency care to adult or pediatric	8168
trauma patients, appointed from among three persons nominated by	8169
OHA: the association for hospitals and health systems, three	8170
persons nominated by the Ohio osteopathic association, three	8171
persons nominated by the association of Ohio children's hospitals,	8172
and three persons nominated by the health forum of Ohio;	8173

(17) The operator of an ambulance company that actively	8174
provides trauma care to emergency patients, appointed from among	8175
three persons nominated by the Ohio ambulance association;	8176

(18) The chief of a fire department that actively provides	8177
trauma care to emergency patients, appointed from among three	8178
persons nominated by the Ohio fire chiefs' association;	8179

(19) An EMT or paramedic who is certified under this chapter	8180
and actively provides trauma care to emergency patients, appointed	8181
from among three persons nominated by the Ohio association of	8182
professional firefighters, three persons nominated by the northern	8183
Ohio fire fighters, three persons nominated by the Ohio state	8184
firefighters' association, and three persons nominated by the Ohio	8185
association of emergency medical services;	8186

(20) A person who actively advocates for trauma victims,	8187
appointed from three persons nominated by the Ohio brain injury	8188
association and three persons nominated by the governor's council	8189
on people with disabilities;	8190

(21) A physician or nurse who has substantial administrative	8191
responsibility for trauma care provided in or by an adult or	8192
pediatric trauma center, appointed from among three persons	8193
nominated by OHA: the association for hospitals and health	8194
systems, three persons nominated by the Ohio osteopathic	8195
association, three persons nominated by the association of Ohio	8196
children's hospitals, and three persons nominated by the health	8197
forum of Ohio;	8198

(22) Three representatives of hospitals that are not trauma	8199
centers and actively provide emergency care to trauma patients,	8200
appointed from among three persons nominated by OHA: the	8201
association for hospitals and health systems, three persons	8202
nominated by the Ohio osteopathic association, three persons	8203
nominated by the association of Ohio children's hospitals, and	8204
three persons nominated by the health forum of Ohio. The	8205
representatives may be hospital administrators, physicians,	8206
nurses, or other clinical professionals.	8207

Members of the committee shall have substantial experience in	8208
the categories they represent, shall be residents of this state,	8209
and may be members of the state board of emergency medical, fire,	8210
and transportation services. In appointing members of the	8211
committee, the director shall attempt to include members	8212
representing urban and rural areas, various geographical areas of	8213
the state, and various schools of training. The director shall not	8214
appoint to the committee more than one member who is employed by	8215
or practices at the same hospital, health system, or emergency	8216
medical service organization.	8217

The director may refuse to appoint any of the persons	8218
nominated by an organization or organizations under this division.	8219
In that event, the organization or organizations shall continue to	8220
nominate the required number of persons until the director	8221
appoints to the committee one or more of the persons nominated by	8222
the organization or organizations.	8223

Initial appointments to the committee shall be made by the	8224
director not later than ninety days after November 3, 2000.	8225
Members of the committee shall serve at the pleasure of the	8226
director, except that any member of the committee who ceases to be	8227
qualified for the position to which the member was appointed shall	8228
cease to be a member of the committee. Vacancies on the committee	8229
shall be filled in the same manner as original appointments.	8230

The members of the committee shall serve without compensation	8231
but shall be reimbursed for actual and necessary expenses incurred	8232
in carrying out duties as members of the committee.	8233

The committee shall select a chairperson and vice-chairperson	8234
from among its members. A majority of all members of the committee	8235
shall constitute a quorum. No action shall be taken without the	8236
concurrence of a majority of all members of the committee. The	8237
committee shall meet at the call of the chair, upon written	8238
request of five members of the committee, and at the direction of	8239
the state board of emergency medical, fire, and transportation	8240
services. The committee shall not meet at times or locations that	8241
conflict with meetings of the board. The executive director and	8242
medical director of the state board of emergency medical, fire,	8243
and transportation services may participate in any meeting of the	8244
committee and shall do so at the request of the committee.	8245

The committee shall advise and assist the state board of	8246
emergency medical, fire, and transportation services in matters	8247
related to adult and pediatric trauma care and the establishment	8248
and operation of the state trauma registry. In matters relating to	8249
the state trauma registry, the board and the committee shall	8250
consult with trauma registrars from adult and pediatric trauma	8251
centers in the state. The committee may appoint a subcommittee to	8252
advise and assist with the trauma registry. The subcommittee may	8253
include persons with expertise relevant to the trauma registry who	8254
are not members of the board or committee.	8255

(C)(1) The medical transportation committee of the state	8256
board of emergency medical, fire, and transportation services is	8257
hereby created. The committee shall consist of members appointed	8258
by the board in accordance with rules adopted by the board. In	8259
appointing members of the committee, the board shall attempt to	8260
include members representing urban and rural areas and various	8261
geographical areas of the state, and shall ensure the members have	8262
substantial experience in the transportation of patients,	8263
including addressing the unique issues of mobile intensive care	8264
and air medical services. The members of the committee shall be	8265
residents of this state and may be members of the board. The	8266
members of the committee shall serve without compensation but	8267
shall be reimbursed for actual and necessary expenses incurred in	8268
carrying out duties as members of the committee. The committee	8269
shall select a chairperson and vice-chairperson from among its	8270
members. A majority of all members of the committee shall	8271
constitute a quorum. No action shall be taken without the	8272
concurrence of a majority of all members of the committee. The	8273
committee shall meet at the call of the chair and at the direction	8274
of the board. The committee shall not meet at times or locations	8275
that conflict with meetings of the board. The committee shall	8276
advise and assist the board in matters related to the licensing of	8277
nonemergency medical service, emergency medical service, and air	8278
medical service organizations in this state.	8279

(2) There is hereby created the critical care subcommittee of	8280
the medical transportation committee. The membership of the	8281
subcommittee and the conduct of the subcommittee's business shall	8282
conform to rules adopted by the board. The subcommittee shall	8283
advise and assist the committee and board in matters relating to	8284
mobile intensive care and air medical service organizations in	8285
this state.	8286

(D) The state board of emergency medical, fire, and	8287
transportation services may appoint other committees and	8288
subcommittees as it considers necessary.	8289

~~(D)~~(E) The state board of emergency medical, fire, and	8290
transportation services, and any of its committees or	8291
subcommittees, may request assistance from any state agency. The	8292
board and its committees and subcommittees may permit persons who	8293
are not members of those bodies to participate in deliberations of	8294
those bodies, but no person who is not a member of the board shall	8295
vote on the board and no person who is not a member of a committee	8296
created under division (A) or, (B), or (C) of this section shall	8297
vote on that committee.	8298

~~(E)~~(F) Sections 101.82 to 101.87 of the Revised Code do not	8299
apply to the committees established under ~~division~~divisions (A)	8300
or, (B), and (C) of this section.	8301

Sec. 4765.05. (A) As used in this section, "prehospital	8302
emergency medical services" means an emergency medical services	8303
system that provides medical services to patients who require	8304
immediate assistance, because of illness or injury, prior to their	8305
arrival at an emergency medical facility.	8306

(B) The state board of emergency medical, fire, and	8307
transportation services shall divide the state geographically into	8308
prehospital emergency medical services regions for purposes of	8309
overseeing the delivery of adult and pediatric prehospital	8310
emergency medical services. For each prehospital emergency medical	8311
services region, the state board of emergency medical, fire, and	8312
transportation services shall appoint either a physician to serve	8313
as the regional director or a physician advisory board to serve as	8314
the regional advisory board. The state board of emergency medical,	8315
fire, and transportation services shall specify the duties of each	8316
regional director and regional advisory board. Regional directors	8317
and members of regional advisory boards shall serve without	8318
compensation, but shall be reimbursed for actual and necessary	8319
expenses incurred in carrying out duties as regional directors and	8320
members of regional advisory boards.	8321

(C) Nothing in this section shall be construed to limit in	8322
any way the ability of a hospital to determine the market area of	8323
that hospital.	8324

Sec. 4765.06. (A) The state board of emergency medical,	8325
fire, and transportation services shall establish an emergency	8326
medical services incidence reporting system for the collection of	8327
information regarding the delivery of emergency medical services	8328
in this state and the frequency at which the services are	8329
provided. All emergency medical service organizations shall submit	8330
to the board any information that the board determines is	8331
necessary for maintaining the incidence reporting system.	8332

(B) The board shall establish a state trauma registry to be	8333
used for the collection of information regarding the care of adult	8334
and pediatric trauma victims in this state. The registry shall	8335
provide for the reporting of adult and pediatric trauma-related	8336
deaths, identification of adult and pediatric trauma patients,	8337
monitoring of adult and pediatric trauma patient care data,	8338
determination of the total amount of uncompensated adult and	8339
pediatric trauma care provided annually by each facility that	8340
provides care to trauma victims, and collection of any other	8341
information specified by the board. All persons designated by the	8342
board shall submit to the board any information it determines is	8343
necessary for maintaining the state trauma registry. At the	8344
request of the board any state agency possessing information	8345
regarding adult or pediatric trauma care shall provide the	8346
information to the board. The board shall maintain the state	8347
trauma registry in accordance with rules adopted under section	8348
4765.11 of the Revised Code.	8349

Rules relating to the state trauma registry adopted under	8350
this section and section 4765.11 of the Revised Code shall not	8351
prohibit the operation of other trauma registries and may provide	8352
for the reporting of information to the state trauma registry by	8353
or through other trauma registries in a manner consistent with	8354
information otherwise reported to the state trauma registry. Other	8355
trauma registries may report aggregate information to the state	8356
trauma registry, provided the information can be matched to the	8357
person that reported it. Information maintained by another trauma	8358
registry and reported to the state trauma registry in lieu of	8359
being reported directly to the state trauma registry is a public	8360
record and shall be maintained, made available to the public, held	8361
in confidence, risk adjusted, and not subject to discovery or	8362
introduction into evidence in a civil action as provided in	8363
section 149.43 of the Revised Code and this section. Any person	8364
who provides, maintains, or risk adjusts such information shall	8365
comply with this section and rules adopted under it in performing	8366
that function and has the same immunities with respect to that	8367
function as a person who performs that function with respect to	8368
the state trauma registry.	8369

(C) The board and any employee or contractor of the board or	8370
the department of public safety shall not make public information	8371
it receives under Chapter 4765. of the Revised Code that	8372
identifies or would tend to identify a specific recipient of	8373
emergency medical services or adult or pediatric trauma care.	8374

(D) Not later than two years after November 3, 2000, the	8375
board shall adopt and implement rules under section 4765.11 of the	8376
Revised Code that provide written standards and procedures for	8377
risk adjustment of information received by the board under Chapter	8378
4765. of the Revised Code. The rules shall be developed in	8379
consultation with appropriate medical, hospital, and emergency	8380
medical service organizations and may provide for risk adjustment	8381
by a contractor of the board. Except as provided in division (G)	8382
of this section, before risk adjustment standards and procedures	8383
are implemented, no member of the board and no employee or	8384
contractor of the board or the department of public safety shall	8385
make public information received by the board under Chapter 4765.	8386
of the Revised Code that identifies or would tend to identify a	8387
specific provider of emergency medical services or adult or	8388
pediatric trauma care. Except as provided in division (G) of this	8389
section, after risk adjustment standards and procedures are	8390
implemented, the board shall make public such information only on	8391
a risk adjusted basis.	8392

(E) The board shall adopt rules under section 4765.11 of the	8393
Revised Code that specify procedures for ensuring the	8394
confidentiality of information that is not to be made public under	8395
this section. The rules shall specify the circumstances in which	8396
deliberations of the persons performing risk adjustment functions	8397
under this section are not open to the public and records of those	8398
deliberations are maintained in confidence. Nothing in this	8399
section prohibits the board from making public statistical	8400
information that does not identify or tend to identify a specific	8401
recipient or provider of emergency medical services or adult or	8402
pediatric trauma care.	8403

(F) No provider that furnishes information to the board with	8404
respect to any patient the provider examined or treated shall,	8405
because of this furnishing, be deemed liable in damages to any	8406
person or be held to answer for betrayal of a professional	8407
confidence in the absence of willful or wanton misconduct. No such	8408
information shall be subject to introduction in evidence in any	8409
civil action against the provider. No provider that furnishes	8410
information to the board shall be liable for the misuse or	8411
improper release of the information by the board or any other	8412
person.	8413

No person who performs risk adjustment functions under this	8414
section shall, because of performing such functions, be held	8415
liable in a civil action for betrayal of professional confidence	8416
or otherwise in the absence of willful or wanton misconduct.	8417

(G) The board may transmit data that identifies or tends to	8418
identify a specific provider of emergency medical services care	8419
and has not been risk-adjusted from the emergency medical services	8420
incident reporting system directly to the national emergency	8421
medical services information system, pursuant to a written	8422
contract between the board and the federal agency that administers	8423
the national emergency medical services information system, which	8424
shall ensure to the maximum extent permitted by federal law that	8425
such agency shall use such data solely for inclusion in the	8426
national emergency medical services information system and shall	8427
not disclose such data to the public, through legal discovery, a	8428
freedom of information request, or otherwise, in a manner that	8429
identifies or tends to identify a specific provider of emergency	8430
medical services care.	8431

Sec. 4765.07. (A) The state board of emergency medical,	8432
fire, and transportation services shall adopt rules under section	8433
4765.11 of the Revised Code to establish and administer a grant	8434
program under which grants are distributed according to the	8435
following priorities:	8436

(1) First priority shall be given to emergency medical	8437
service organizations for the training of personnel, for the	8438
purchase of equipment and vehicles, and to improve the	8439
availability, accessibility, and quality of emergency medical	8440
services in this state. In this category, the board shall give	8441
priority to grants that fund training and equipping of emergency	8442
medical service personnel.	8443

(2) Second priority shall be given to entities that research,	8444
test, and evaluate medical procedures and systems related to adult	8445
and pediatric trauma care.	8446

(3) Third priority shall be given to entities that research	8447
the causes, nature, and effects of traumatic injuries, educate the	8448
public about injury prevention, and implement, test, and evaluate	8449
injury prevention strategies.	8450

(4) Fourth priority shall be given to entities that research,	8451
test, and evaluate procedures that promote the rehabilitation,	8452
retraining, and reemployment of adult or pediatric trauma victims	8453
and social service support mechanisms for adult or pediatric	8454
trauma victims and their families.	8455

(5) Fifth priority shall be given to entities that conduct	8456
research on, test, or evaluate one or more of the following:	8457

(a) Procedures governing the performance of emergency medical	8458
services in this state;	8459

(b) The training of emergency medical service personnel;

8460

8461

(6) For grants distributed for the grant award years	8462
occurring not later than the award year ending June 30, 2017,	8463
sixth priority shall be given to entities that operate paramedic	8464
training programs and are seeking national accreditation of the	8465
programs.	8466

(B) To be eligible for a grant distributed pursuant to	8467
division (A)(6) of this section, an applicant for the grant shall	8468
meet all of the following conditions:	8469

(1) Hold a certificate of accreditation issued by the board	8470
under section 4765.17 of the Revised Code to operate a paramedic	8471
training program;	8472

(2) Be seeking initial national accreditation of the program	8473
from an accrediting organization approved by the board;	8474

(3) Apply for the national accreditation on or after February	8475
25, 2010.	8476

(C) The grant program shall be funded from the trauma and	8477
emergency medical services fund created by section 4513.263 of the	8478
Revised Code.	8479

Sec. 4765.08. The state board of emergency medical, fire,	8480
and transportation services shall prepare a statewide emergency	8481
medical services plan and shall revise the plan as necessary.	8482

The board shall prepare a plan for the statewide regulation	8483
of emergency medical services during periods of disaster. The plan	8484
shall be consistent with the statewide emergency medical services	8485
plan required under this section and with the statewide emergency	8486
operations plan required under section 5502.22 of the Revised	8487
Code. The board shall submit the plan to the emergency management	8488
agency created under section 5502.22 of the Revised Code. The	8489
board shall cooperate with the agency in any other manner the	8490
agency considers necessary to develop and implement the statewide	8491
emergency operations plan.	8492

Sec. 4765.09. The state board of emergency medical, fire,	8493
and transportation services shall prepare recommendations for the	8494
operation of ambulance service organizations, air medical	8495
organizations, and emergency medical service organizations. Within	8496
thirty days following the preparation or modification of	8497
recommendations, the board shall notify the board of county	8498
commissioners of any county, the board of township trustees of any	8499
township, the board of trustees of any joint ambulance district,	8500
or the board of trustees of any joint emergency medical services	8501
district in which there exist ambulance service organizations, air	8502
medical organizations, or emergency medical service organizations	8503
of any board recommendations for the operation of such	8504
organizations. The recommendations shall include, but not be	8505
limited to:	8506

(A) The definition and classification of ambulances and	8507
medical aircraft;	8508

(B) The design, equipment, and supplies for ambulances and	8509
medical aircraft, including special equipment, supplies, training,	8510
and staffing required to assist pediatric and geriatric emergency	8511
victims;	8512

(C) The minimum number and type of personnel for the	8513
operation of ambulances and medical aircraft;	8514

(D) The communication systems necessary for the operation of	8515
ambulances and medical aircraft;	8516

(E) Reports to be made by persons holding certificates of	8517
accreditation or approval issued under section 4765.17 of the	8518
Revised Code and certificates to practice issued under section	8519
4765.30 of the Revised Code to ascertain compliance with this	8520
chapter and the rules and recommendations adopted thereunder and	8521
to ascertain the quantity and quality of ambulance service	8522
organizations, air medical organizations, and emergency medical	8523
service organizations throughout the state.	8524

Sec. 4765.10. (A) The state board of emergency medical,	8525
fire, and transportation services shall do all of the following:	8526

(1) Administer and enforce the provisions of this chapter and	8527
the rules adopted under it;	8528

(2) Approve, in accordance with procedures established in	8529
rules adopted under section 4765.11 of the Revised Code,	8530
examinations that demonstrate competence to have a certificate to	8531
practice renewed without completing a continuing education	8532
program;	8533

(3) Advise applicants for state or federal emergency medical	8534
services funds, review and comment on applications for these	8535
funds, and approve the use of all state and federal funds	8536
designated solely for emergency medical service programs unless	8537
federal law requires another state agency to approve the use of	8538
all such federal funds;	8539

(4) Serve as a statewide clearinghouse for discussion,	8540
inquiry, and complaints concerning emergency medical services;	8541

(5) Make recommendations to the general assembly on	8542
legislation to improve the delivery of emergency medical services;	8543

(6) Maintain a toll-free long distance telephone number	8544
through which it shall respond to questions about emergency	8545
medical services;	8546

(7) Work with appropriate state offices in coordinating the	8547
training of firefighters and emergency medical service personnel.	8548
Other state offices that are involved in the training of	8549
firefighters or emergency medical service personnel shall	8550
cooperate with the board and its committees and subcommittees to	8551
achieve this goal.	8552

(8) Provide a liaison to the state emergency operation center	8553
during those periods when a disaster, as defined in section	8554
5502.21 of the Revised Code, has occurred in this state and the	8555
governor has declared an emergency as defined in that section.	8556

(B) The board may do any of the following:

8557

(1) Investigate complaints concerning emergency medical	8558
services and emergency medical service organizations as it	8559
determines necessary;	8560

(2) Enter into reciprocal agreements with other states that	8561
have standards for accreditation of emergency medical services	8562
training programs and for certification of first responders,	8563
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	8564
inspectors that are substantially similar to those established	8565
under this chapter and the rules adopted under it;	8566

(3) Establish a statewide public information system and	8567
public education programs regarding emergency medical services;	8568

(4) Establish an injury prevention program.

8569

(C) The state board of emergency medical, fire, and	8570
transportation services shall not regulate any profession that	8571
otherwise is regulated by another board, commission, or similar	8572
regulatory entity.	8573

Sec. 4765.101. (A) The state board of emergency medical,	8574
fire, and transportation services shall investigate any allegation	8575
that a person has violated this chapter or a rule adopted under	8576
it.	8577

Any person may submit to the board a written complaint	8578
regarding an alleged violation of this chapter or a rule adopted	8579
under it. In the absence of fraud or bad faith, no person	8580
submitting a complaint to the board or testifying in an	8581
adjudication hearing conducted in accordance with Chapter 119. of	8582
the Revised Code with regard to such an alleged violation shall be	8583
liable to any person in damages in a civil action as a result of	8584
submitting the complaint or providing testimony.	8585

(B) In investigating an allegation, the board may do any of	8586
the following:	8587

(1) Administer oaths;

8588

(2) Order the taking of depositions;

8589

(3) Issue subpoenas;

8590

(4) Compel the attendance of witnesses and production of	8591
books, accounts, papers, records, documents, and testimony.	8592

(C) A subpoena for patient record information shall not be	8593
issued without consultation with the attorney general's office and	8594
approval of the executive director of the board. Before issuance	8595
of a subpoena for patient record information, the executive	8596
director shall determine whether there is probable cause to	8597
believe that the complaint filed alleges a violation of this	8598
chapter or any rule adopted under it and that the records sought	8599
are relevant to the alleged violation and material to the	8600
investigation. The subpoena may apply only to records that cover a	8601
reasonable period of time surrounding the alleged violation.	8602

(D) On failure to comply with any subpoena issued by the	8603
board and after reasonable notice to the person being subpoenaed,	8604
the board may move, pursuant to the Rules of Civil Procedure, for	8605
an order compelling the production of persons or records.	8606

(E) A subpoena issued by the board may be served by a	8607
sheriff, the sheriff's deputy, or an investigator for the division	8608
of emergency medical services of the department of public safety.	8609
Service of a subpoena issued by the board may be made by	8610
delivering a copy of the subpoena to the person named in it,	8611
reading it to the person, or leaving it at the person's usual	8612
place of residence. When the person being served is an individual	8613
authorized by this chapter to practice emergency medical services,	8614
service of the subpoena may be made by certified mail, restricted	8615
delivery, return receipt requested, and the subpoena shall be	8616
deemed served on the date delivery is made or on the date that the	8617
person refuses to accept delivery.	8618

Sec. 4765.102. (A) As used in this section, "licensing	8619
agency" means any entity that has the authority pursuant to Title	8620
XLVII of the Revised Code to issue a license, and any other agency	8621
of this or another state, other than the Ohio supreme court, that	8622
has the authority to issue a license that authorizes an individual	8623
to engage in an occupation or profession. "Licensing agency"	8624
includes an administrative officer that has authority to issue a	8625
license that authorizes an individual to engage in an occupation	8626
or profession.	8627

(B) Except as provided in divisions (C) and (D) of this	8628
section and section 4765.111 of the Revised Code, all information	8629
the state board of emergency medical, fire, and transportation	8630
services receives pursuant to an investigation, including	8631
information regarding an alleged violation of this chapter or	8632
rules adopted under it or a complaint submitted under division (A)	8633
of section 4765.101 of the Revised Code, is confidential, and is	8634
not subject to discovery in any civil action, during the course of	8635
the investigation and any adjudication proceedings that result	8636
from the investigation. Upon completion of the investigation and	8637
any resulting adjudication proceedings, the information is a	8638
matter of public record for purposes of section 149.43 of the	8639
Revised Code.	8640

(C) The board may release information otherwise made	8641
confidential by division (B) of this section to law enforcement	8642
officers or licensing agencies of this or another state that are	8643
prosecuting, adjudicating, or investigating the holder of a	8644
certificate issued under this chapter or a person who allegedly	8645
engaged in the unauthorized provision of emergency medical	8646
services.	8647

A law enforcement officer or licensing agency with	8648
information disclosed by the board under this division shall not	8649
divulge the information other than for the purpose of an	8650
adjudication by a court or licensing agency to which the subject	8651
of the adjudication is a party.	8652

(D) If an investigation conducted under section 4765.101 of	8653
the Revised Code requires a review of patient records, the	8654
investigation and proceedings related to it shall be conducted in	8655
such a manner as to protect patient confidentiality. The board	8656
shall not make public the name or any other identifying	8657
information about a patient unless proper consent is given in	8658
accordance with rules adopted by the board. If the patient is less	8659
than eighteen years of age, the board shall obtain consent from	8660
the patient's parent, guardian, or custodian.	8661

Sec. 4765.11. (A) The state board of emergency medical,	8662
fire, and transportation services shall adopt, and may amend and	8663
rescind, rules in accordance with Chapter 119. of the Revised Code	8664
and division (C) of this section that establish all of the	8665
following:	8666

(1) Procedures for its governance and the control of its	8667
actions and business affairs;	8668

(2) Standards for the performance of emergency medical	8669
services by first responders, emergency medical technicians-basic,	8670
emergency medical technicians-intermediate, and emergency medical	8671
technicians-paramedic;	8672

(3) Application fees for certificates of accreditation,	8673
certificates of approval, certificates to teach, and certificates	8674
to practice, which shall be deposited into the trauma and	8675
emergency medical services fund created in section 4513.263 of the	8676
Revised Code;	8677

(4) Criteria for determining when the application or renewal	8678
fee for a certificate to practice may be waived because an	8679
applicant cannot afford to pay the fee;	8680

(5) Procedures for issuance and renewal of certificates of	8681
accreditation, certificates of approval, certificates to teach,	8682
and certificates to practice, including any procedures necessary	8683
to ensure that adequate notice of renewal is provided in	8684
accordance with division (D) of section 4765.30 of the Revised	8685
Code;	8686

(6) Procedures for suspending or revoking certificates of	8687
accreditation, certificates of approval, certificates to teach,	8688
and certificates to practice;	8689

(7) Grounds for suspension or revocation of a certificate to	8690
practice issued under section 4765.30 of the Revised Code and for	8691
taking any other disciplinary action against a first responder,	8692
EMT-basic, EMT-I, or paramedic;	8693

(8) Procedures for taking disciplinary action against a first	8694
responder, EMT-basic, EMT-I, or paramedic;	8695

(9) Standards for certificates of accreditation and	8696
certificates of approval;	8697

(10) Qualifications for certificates to teach;

8698

(11) Requirements for a certificate to practice;

8699

(12) The curricula, number of hours of instruction and	8700
training, and instructional materials to be used in adult and	8701
pediatric emergency medical services training programs and adult	8702
and pediatric emergency medical services continuing education	8703
programs;	8704

(13) Procedures for conducting courses in recognizing	8705
symptoms of life-threatening allergic reactions and in calculating	8706
proper dosage levels and administering injections of epinephrine	8707
to adult and pediatric patients who suffer life-threatening	8708
allergic reactions;	8709

(14) Examinations for certificates to practice;

8710

(15) Procedures for administering examinations for	8711
certificates to practice;	8712

(16) Procedures for approving examinations that demonstrate	8713
competence to have a certificate to practice renewed without	8714
completing an emergency medical services continuing education	8715
program;	8716

(17) Procedures for granting extensions and exemptions of	8717
emergency medical services continuing education requirements;	8718

(18) Procedures for approving the additional emergency	8719
medical services first responders are authorized by division (C)	8720
of section 4765.35 of the Revised Code to perform, EMTs-basic are	8721
authorized by division (C) of section 4765.37 of the Revised Code	8722
to perform, EMTs-I are authorized by division (B)(5) of section	8723
4765.38 of the Revised Code to perform, and paramedics are	8724
authorized by division (B)(6) of section 4765.39 of the Revised	8725
Code to perform;	8726

(19) Standards and procedures for implementing the	8727
requirements of section 4765.06 of the Revised Code, including	8728
designations of the persons who are required to report information	8729
to the board and the types of information to be reported;	8730

(20) Procedures for administering the emergency medical	8731
services grant program established under section 4765.07 of the	8732
Revised Code;	8733

(21) Procedures consistent with Chapter 119. of the Revised	8734
Code for appealing decisions of the board;	8735

(22) Minimum qualifications and peer review and quality	8736
improvement requirements for persons who provide medical direction	8737
to emergency medical service personnel;	8738

(23) The manner in which a patient, or a patient's parent,	8739
guardian, or custodian may consent to the board releasing	8740
identifying information about the patient under division (D) of	8741
section 4765.102 of the Revised Code;	8742

(24) Circumstances under which a training program or	8743
continuing education program, or portion of either type of	8744
program, may be taught by a person who does not hold a certificate	8745
to teach issued under section 4765.23 of the Revised Code;	8746

(25) Certification cycles for certificates issued under	8747
sections 4765.23 and 4765.30 of the Revised Code and certificates	8748
issued by the executive director of the state board of emergency	8749
medical, fire, and transportation services under section 4765.55	8750
of the Revised Code that establish a common expiration date for	8751
all certificates.	8752

(B) The board may adopt, and may amend and rescind, rules in	8753
accordance with Chapter 119. of the Revised Code and division (C)	8754
of this section that establish the following:	8755

(1) Specifications of information that may be collected under	8756
the trauma system registry and incidence reporting system created	8757
under section 4765.06 of the Revised Code;	8758

(2) Standards and procedures for implementing any of the	8759
recommendations made by any committees of the board or under	8760
section 4765.04 of the Revised Code;	8761

(3) Requirements that a person must meet to receive a	8762
certificate to practice as a first responder pursuant to division	8763
(A)(2) of section 4765.30 of the Revised Code;	8764

(4) Any other rules necessary to implement this chapter.

8765

(C) In developing and administering rules adopted under this	8766
chapter, the state board of emergency medical, fire, and	8767
transportation services shall consult with regional directors and	8768
regional physician advisory boards created by section 4765.05 of	8769
the Revised Code and emphasize the special needs of pediatric and	8770
geriatric patients.	8771

(D) Except as otherwise provided in this division, before	8772
adopting, amending, or rescinding any rule under this chapter, the	8773
board shall submit the proposed rule to the director of public	8774
safety for review. The director may review the proposed rule for	8775
not more than sixty days after the date it is submitted. If,	8776
within this sixty-day period, the director approves the proposed	8777
rule or does not notify the board that the rule is disapproved,	8778
the board may adopt, amend, or rescind the rule as proposed. If,	8779
within this sixty-day period, the director notifies the board that	8780
the proposed rule is disapproved, the board shall not adopt,	8781
amend, or rescind the rule as proposed unless at least twelve	8782
members of the board vote to adopt, amend, or rescind it.	8783

This division does not apply to an emergency rule adopted in	8784
accordance with section 119.03 of the Revised Code.	8785

Sec. 4765.111. Except as provided in this section or sections	8786
4765.112 to 4765.116 of the Revised Code, the state board of	8787
emergency medical, fire, and transportation services shall conduct	8788
disciplinary proceedings regarding the holder of a certificate	8789
issued under this chapter in accordance with rules adopted by the	8790
board under section 4765.11 of the Revised Code.	8791

The board and a holder of a certificate are the parties to a	8792
hearing conducted under this chapter. Either party may submit a	8793
written request to the other party for a list of witnesses and	8794
copies of documents intended to be introduced at the hearing. The	8795
request shall be in writing and shall be served not less than	8796
thirty-seven days prior to the commencement of the hearing, unless	8797
the hearing officer or presiding board member grants an extension	8798
of time to make the request. Not later than thirty days before the	8799
hearing, the responding party shall provide the requested list of	8800
witnesses and copies of documents to the requesting party, unless	8801
the hearing officer or presiding board member grants an extension	8802
of time to provide the list and copies.	8803

Failure to timely provide a list or copies requested in	8804
accordance with this section shall result in exclusion from the	8805
hearing of the witnesses, testimony, or documents.	8806

Sec. 4765.112. (A) The state board of emergency medical,	8807
fire, and transportation services, by an affirmative vote of the	8808
majority of its members, may suspend without a prior hearing a	8809
certificate to practice issued under this chapter if the board	8810
determines that there is clear and convincing evidence that	8811
continued practice by the certificate holder presents a danger of	8812
immediate and serious harm to the public and that the certificate	8813
holder has done any of the following:	8814

(1) Furnished false, fraudulent, or misleading information to	8815
the board;	8816

(2) Engaged in activities that exceed those permitted by the	8817
individual's certificate;	8818

(3) In a court of this or any other state or federal court	8819
been convicted of, pleaded guilty to, or been the subject of a	8820
judicial finding of guilt of, a judicial finding of guilt	8821
resulting from a plea of no contest to, or a judicial finding of	8822
eligibility for intervention in lieu of conviction for, a felony	8823
or for a misdemeanor committed in the course of practice or	8824
involving gross immorality or moral turpitude.	8825

(B) Immediately following the decision to impose a summary	8826
suspension, the board, in accordance with section 119.07 of the	8827
Revised Code, shall issue a written order of suspension, cause it	8828
to be delivered to the certificate holder, and notify the	8829
certificate holder of the opportunity for a hearing. If timely	8830
requested by the certificate holder, a hearing shall be conducted	8831
in accordance with section 4765.115 of the Revised Code.	8832

Sec. 4765.113. If the state board of emergency medical,	8833
fire, and transportation services imposes a suspension on the	8834
basis of a conviction, judicial finding, or plea as described in	8835
division (A)(3) of section 4765.112 of the Revised Code that is	8836
overturned on appeal, the certificate holder, on exhaustion of the	8837
criminal appeal process, may file with the board a petition for	8838
reconsideration of the suspension along with appropriate court	8839
documents. On receipt of the petition and documents, the board	8840
shall reinstate the certificate holder's certificate to practice.	8841

Sec. 4765.114. (A) A certificate to practice emergency	8842
medical services issued under this chapter is automatically	8843
suspended on the certificate holder's conviction of, plea of	8844
guilty to, or judicial finding of guilt of any of the following:	8845
aggravated murder, murder, voluntary manslaughter, felonious	8846
assault, kidnapping, rape, sexual battery, gross sexual	8847
imposition, aggravated arson, aggravated burglary, aggravated	8848
robbery, or a substantially equivalent offense committed in this	8849
or another jurisdiction. Continued practice after the suspension	8850
is practicing without a certificate.	8851

(B) If the state board of emergency medical, fire, and	8852
transportation services has knowledge that an automatic suspension	8853
has occurred, it shall notify, in accordance with section 119.07	8854
of the Revised Code, the certificate holder of the suspension and	8855
of the opportunity for a hearing. If timely requested by the	8856
certificate holder, a hearing shall be conducted in accordance	8857
with section 4765.115 of the Revised Code.	8858

Sec. 4765.115. (A) A suspension order issued under section	8859
4765.112 or automatic suspension under section 4765.114 of the	8860
Revised Code is not subject to suspension by a court prior to a	8861
hearing under this section or during the pendency of any appeal	8862
filed under section 119.12 of the Revised Code.	8863

(B) A suspension order issued under section 4765.112 or	8864
automatic suspension under section 4765.114 of the Revised Code	8865
remains in effect, unless reversed by the state board of emergency	8866
medical, fire, and transportation services, until a final	8867
adjudication order issued by the board pursuant to this section	8868
becomes effective.	8869

(C) Hearings requested pursuant to section 4765.112 or	8870
4765.114 of the Revised Code shall be conducted under this section	8871
in accordance with Chapter 119. of the Revised Code.	8872

(D) A hearing under this section shall be held not later than	8873
forty-five days but not earlier than forty days after the	8874
certificate holder requests it, unless another date is agreed to	8875
by the certificate holder and the board.	8876

(E) After completion of an adjudication hearing, the board	8877
may adopt, by an affirmative vote of the majority of its members,	8878
a final adjudication order that imposes any of the following	8879
sanctions:	8880

(1) Suspension of the holder's certificate to practice;

8881

(2) Revocation of the holder's certificate to practice;

8882

(3) Issuance of a written reprimand;

8883

(4) A refusal to renew or a limitation on the holder's	8884
certificate to practice.	8885

The board shall issue its final adjudication order not later	8886
than forty-five days after completion of an adjudication hearing.	8887
If the board does not issue a final order within that time period,	8888
the suspension order is void, but any final adjudication order	8889
subsequently issued is not affected.	8890

(F) Any action taken by the board under this section	8891
resulting in a suspension from practice shall be accompanied by a	8892
written statement of the conditions under which the certificate to	8893
practice may be reinstated. Reinstatement of a certificate	8894
suspended under this section requires an affirmative vote by the	8895
majority of the members of the board.	8896

(G) When the board revokes or refuses to reinstate a	8897
certificate to practice, the board may specify that its action is	8898
permanent. An individual subject to permanent action taken by the	8899
board is forever ineligible to hold a certificate of the type	8900
revoked or refused, and the board shall not accept from the	8901
individual an application for reinstatement of the certificate or	8902
for a new certificate.	8903

Sec. 4765.116. If a certificate holder subject to a	8904
suspension order issued by the state board of emergency medical,	8905
fire, and transportation services under section 4765.112 or an	8906
automatic suspension order under section 4765.114 of the Revised	8907
Code fails to make a timely request for a hearing, the following	8908
apply:	8909

(A) In the case of a certificate holder subject to a summary	8910
suspension order, the board is not required to hold a hearing, but	8911
may adopt, by an affirmative vote of a majority of its members, a	8912
final order that contains the board's findings. In the final	8913
order, the board may order any of the sanctions listed in division	8914
(E) of section 4765.115 of the Revised Code.	8915

(B) In the case of a certificate holder subject to an	8916
automatic suspension order, the board may adopt, by an affirmative	8917
vote of a majority of its members, a final order that permanently	8918
revokes the holder's certificate to practice.	8919

Sec. 4765.12. (A) Not later than two years after ~~the~~	8920
~~effective date of this section~~November 3, 2000, the state board	8921
of emergency medical, fire, and transportation services shall	8922
develop and distribute guidelines for the care of trauma victims	8923
by emergency medical service personnel and for the conduct of peer	8924
review and quality assurance programs by emergency medical service	8925
organizations. The guidelines shall be consistent with the state	8926
trauma triage protocols adopted in rules under sections 4765.11	8927
and 4765.40 of the Revised Code and shall place emphasis on the	8928
special needs of pediatric and geriatric trauma victims. In	8929
developing the guidelines, the board shall consult with entities	8930
with interests in trauma and emergency medical services and shall	8931
consider any relevant guidelines adopted by national	8932
organizations, including the American college of surgeons,	8933
American college of emergency physicians, and American academy of	8934
pediatrics. The board shall distribute the guidelines, and	8935
amendments to the guidelines, to each emergency medical service	8936
organization, regional director, regional physician advisory	8937
board, certified emergency medical service instructor, and person	8938
who regularly provides medical direction to emergency medical	8939
service personnel in this state.	8940

(B) Not later than three years after ~~the effective date of~~	8941
~~this section~~November 3, 2000, each emergency medical service	8942
organization in this state shall implement ongoing peer review and	8943
quality assurance programs designed to improve the availability	8944
and quality of the emergency medical services it provides. The	8945
form and content of the programs shall be determined by each	8946
emergency medical service organization. In implementing the	8947
programs, each emergency medical service organization shall	8948
consider how to improve its ability to provide effective trauma	8949
care, particularly for pediatric and geriatric trauma victims, and	8950
shall take into account the trauma care guidelines developed by	8951
the state board of emergency medical, fire, and transportation	8952
services under this section.	8953

Information generated solely for use in a peer review or	8954
quality assurance program conducted on behalf of an emergency	8955
medical service organization is not a public record under section	8956
149.43 of the Revised Code. Such information, and any discussion	8957
conducted in the course of a peer review or quality assurance	8958
program conducted on behalf of an emergency medical service	8959
organization, is not subject to discovery in a civil action and	8960
shall not be introduced into evidence in a civil action against	8961
the emergency medical service organization on whose behalf the	8962
information was generated or the discussion occurred.	8963

No emergency medical service organization on whose behalf a	8964
peer review or quality assurance program is conducted, and no	8965
person who conducts such a program, because of performing such	8966
functions, shall be liable in a civil action for betrayal of	8967
professional confidence or otherwise in the absence of willful or	8968
wanton misconduct.	8969

Sec. 4765.15. A person seeking to operate an emergency	8970
medical services training program shall submit a completed	8971
application for accreditation to the state board of emergency	8972
medical, fire, and transportation services on a form the board	8973
shall prescribe and furnish. The application shall be accompanied	8974
by the appropriate application fee established in rules adopted	8975
under section 4765.11 of the Revised Code.	8976

A person seeking to operate an emergency medical services	8977
continuing education program shall submit a completed application	8978
for approval to the board on a form the board shall prescribe and	8979
furnish. The application shall be accompanied by the appropriate	8980
application fee established in rules adopted under section 4765.11	8981
of the Revised Code.	8982

The board shall administer the accreditation and approval	8983
processes pursuant to rules adopted under section 4765.11 of the	8984
Revised Code. In administering these processes, the board may	8985
authorize other persons to evaluate applications for accreditation	8986
or approval and may accept the recommendations made by those	8987
persons.	8988

The board may cause an investigation to be made into the	8989
accuracy of the information submitted in any application for	8990
accreditation or approval. If an investigation indicates that	8991
false, misleading, or incomplete information has been submitted to	8992
the board in connection with any application for accreditation or	8993
approval, the board shall conduct a hearing on the matter in	8994
accordance with Chapter 119. of the Revised Code.	8995

Sec. 4765.16. (A) All courses offered through an emergency	8996
medical services training program or an emergency medical services	8997
continuing education program, other than ambulance driving, shall	8998
be developed under the direction of a physician who specializes in	8999
emergency medicine. Each course that deals with trauma care shall	9000
be developed in consultation with a physician who specializes in	9001
trauma surgery. Except as specified by the state board of	9002
emergency medical, fire, and transportation services pursuant to	9003
rules adopted under section 4765.11 of the Revised Code, each	9004
course offered through a training program or continuing education	9005
program shall be taught by a person who holds the appropriate	9006
certificate to teach issued under section 4765.23 of the Revised	9007
Code.	9008

(B) A training program for first responders shall meet the	9009
standards established in rules adopted by the board under section	9010
4765.11 of the Revised Code. The program shall include courses in	9011
both of the following areas for at least the number of hours	9012
established by the board's rules:	9013

(1) Emergency victim care;

9014

(2) Reading and interpreting a trauma victim's vital signs.

9015

(C) A training program for emergency medical	9016
technicians-basic shall meet the standards established in rules	9017
adopted by the board under section 4765.11 of the Revised Code.	9018
The program shall include courses in each of the following areas	9019
for at least the number of hours established by the board's rules:	9020

(1) Emergency victim care;

9021

(2) Reading and interpreting a trauma victim's vital signs;

9022

(3) Triage protocols for adult and pediatric trauma victims;

9023

(4) In-hospital training;

9024

(5) Clinical training;

9025

(6) Training as an ambulance driver.

9026

Each operator of a training program for emergency medical	9027
technicians-basic shall allow any pupil in the twelfth grade in a	9028
secondary school who is at least seventeen years old and who	9029
otherwise meets the requirements for admission into such a	9030
training program to be admitted to and complete the program and,	9031
as part of the training, to ride in an ambulance with emergency	9032
medical technicians-basic, emergency medical	9033
technicians-intermediate, and emergency medical	9034
technicians-paramedic. Each emergency medical service organization	9035
shall allow pupils participating in training programs to ride in	9036
an ambulance with emergency medical technicians-basic, advanced	9037
emergency medical technicians-intermediate, and emergency medical	9038
technicians-paramedic.	9039

(D) A training program for emergency medical	9040
technicians-intermediate shall meet the standards established in	9041
rules adopted by the board under section 4765.11 of the Revised	9042
Code. The program shall include, or require as a prerequisite, the	9043
training specified in division (C) of this section and courses in	9044
each of the following areas for at least the number of hours	9045
established by the board's rules:	9046

(1) Recognizing symptoms of life-threatening allergic	9047
reactions and in calculating proper dosage levels and	9048
administering injections of epinephrine to persons who suffer	9049
life-threatening allergic reactions, conducted in accordance with	9050
rules adopted by the board under section 4765.11 of the Revised	9051
Code;	9052

(2) Venous access procedures;

9053

(3) Cardiac monitoring and electrical interventions to	9054
support or correct the cardiac function.	9055

(E) A training program for emergency medical	9056
technicians-paramedic shall meet the standards established in	9057
rules adopted by the board under section 4765.11 of the Revised	9058
Code. The program shall include, or require as a prerequisite, the	9059
training specified in divisions (C) and (D) of this section and	9060
courses in each of the following areas for at least the number of	9061
hours established by the board's rules:	9062

(1) Medical terminology;

9063

(2) Venous access procedures;

9064

(3) Airway procedures;

9065

(4) Patient assessment and triage;

9066

(5) Acute cardiac care, including administration of	9067
parenteral injections, electrical interventions, and other	9068
emergency medical services;	9069

(6) Emergency and trauma victim care beyond that required	9070
under division (C) of this section;	9071

(7) Clinical training beyond that required under division (C)	9072
of this section.	9073

(F) A continuing education program for first responders,	9074
EMTs-basic, EMTs-I, or paramedics shall meet the standards	9075
established in rules adopted by the board under section 4765.11 of	9076
the Revised Code. A continuing education program shall include	9077
instruction and training in subjects established by the board's	9078
rules for at least the number of hours established by the board's	9079
rules.	9080

Sec. 4765.17. (A) The state board of emergency medical,	9081
fire, and transportation services shall issue the appropriate	9082
certificate of accreditation or certificate of approval to an	9083
applicant who is of good reputation and meets the requirements of	9084
section 4765.16 of the Revised Code. The board shall grant or deny	9085
a certificate of accreditation or certificate of approval within	9086
one hundred twenty days of receipt of the application. The board	9087
may issue or renew a certificate of accreditation or certificate	9088
of approval on a provisional basis to an applicant who is of good	9089
reputation and is in substantial compliance with the requirements	9090
of section 4765.16 of the Revised Code. The board shall inform an	9091
applicant receiving such a certificate of the conditions that must	9092
be met to complete compliance with section 4765.16 of the Revised	9093
Code.	9094

(B) Except as provided in division (C) of this section, a	9095
certificate of accreditation or certificate of approval is valid	9096
for up to five years and may be renewed by the board pursuant to	9097
procedures and standards established in rules adopted under	9098
section 4765.11 of the Revised Code. An application for renewal	9099
shall be accompanied by the appropriate renewal fee established in	9100
rules adopted under section 4765.11 of the Revised Code.	9101

(C) A certificate of accreditation or certificate of approval	9102
issued on a provisional basis is valid for the length of time	9103
established by the board. If the board finds that the holder of	9104
such a certificate has met the conditions it specifies under	9105
division (A) of this section, the board shall issue the	9106
appropriate certificate of accreditation or certificate of	9107
approval.	9108

(D) A certificate of accreditation is valid only for the	9109
emergency medical services training program or programs for which	9110
it is issued. The holder of a certificate of accreditation may	9111
apply to operate additional training programs in accordance with	9112
rules adopted by the board under section 4765.11 of the Revised	9113
Code. Any additional training programs shall expire on the	9114
expiration date of the applicant's current certificate. A	9115
certificate of approval is valid only for the emergency medical	9116
services continuing education program for which it is issued.	9117
Neither is transferable.	9118

(E) The holder of a certificate of accreditation or a	9119
certificate of approval may offer courses at more than one	9120
location in accordance with rules adopted under section 4765.11 of	9121
the Revised Code.	9122

Sec. 4765.18. The state board of emergency medical, fire,	9123
and transportation services may suspend or revoke a certificate of	9124
accreditation or a certificate of approval issued under section	9125
4765.17 of the Revised Code for any of the following reasons:	9126

(A) Violation of this chapter or any rule adopted under it;

9127

(B) Furnishing of false, misleading, or incomplete	9128
information to the board;	9129

(C) The signing of an application or the holding of a	9130
certificate of accreditation by a person who has pleaded guilty to	9131
or has been convicted of a felony, or has pleaded guilty to or	9132
been convicted of a crime involving moral turpitude;	9133

(D) The signing of an application or the holding of a	9134
certificate of accreditation by a person who is addicted to the	9135
use of any controlled substance or has been adjudicated	9136
incompetent for that purpose by a court, as provided in section	9137
5122.301 of the Revised Code;	9138

(E) Violation of any commitment made in an application for a	9139
certificate of accreditation or certificate of approval;	9140

(F) Presentation to prospective students of misleading,	9141
false, or fraudulent information relating to the emergency medical	9142
services training program or emergency medical services continuing	9143
education program, employment opportunities, or opportunities for	9144
enrollment in accredited institutions of higher education after	9145
entering or completing courses offered by the operator of a	9146
program;	9147

(G) Failure to maintain in a safe and sanitary condition	9148
premises and equipment used in conducting courses of study;	9149

(H) Failure to maintain financial resources adequate for the	9150
satisfactory conduct of courses of study or to retain a sufficient	9151
number of certified instructors;	9152

(I) Discrimination in the acceptance of students upon the	9153
basis of race, color, religion, sex, or national origin.	9154

Sec. 4765.22. A person seeking a certificate to teach in an	9155
emergency medical services training program or an emergency	9156
medical services continuing education program shall submit a	9157
completed application for certification to the state board of	9158
emergency medical, fire, and transportation services on a form the	9159
board shall prescribe and furnish. The application shall be	9160
accompanied by the appropriate application fee established in	9161
rules adopted under section 4765.11 of the Revised Code.	9162

Sec. 4765.23. The state board of emergency medical, fire,	9163
and transportation services shall issue a certificate to teach in	9164
an emergency medical services training program or an emergency	9165
medical services continuing education program to any applicant who	9166
it determines meets the qualifications established in rules	9167
adopted under section 4765.11 of the Revised Code. The certificate	9168
shall indicate each type of instruction and training the	9169
certificate holder may teach under the certificate.	9170

A certificate to teach shall have a certification cycle	9171
established by the board and may be renewed by the board pursuant	9172
to rules adopted under section 4765.11 of the Revised Code. An	9173
application for renewal shall be accompanied by the appropriate	9174
renewal fee established in rules adopted under section 4765.11 of	9175
the Revised Code.	9176

The board may suspend or revoke a certificate to teach	9177
pursuant to rules adopted under section 4765.11 of the Revised	9178
Code.	9179

Sec. 4765.28. A person seeking a certificate to practice as	9180
a first responder, emergency medical technician-basic, emergency	9181
medical technician-intermediate, or emergency medical	9182
technician-paramedic shall submit a completed application for	9183
certification to the state board of emergency medical, fire, and	9184
transportation services on a form the board shall prescribe and	9185
furnish. Except as provided in division (B) of section 4765.29 of	9186
the Revised Code, the application shall include evidence that the	9187
applicant received the appropriate certificate of completion	9188
pursuant to section 4765.24 of the Revised Code. The application	9189
shall be accompanied by the appropriate application fee	9190
established in rules adopted under section 4765.11 of the Revised	9191
Code, unless the board waives the fee on determining pursuant to	9192
those rules that the applicant cannot afford to pay the fee.	9193

Sec. 4765.29. (A) The state board of emergency medical,	9194
fire, and transportation services shall provide for the	9195
examination of applicants for certification to practice as first	9196
responders, emergency medical technicians-basic, emergency medical	9197
technicians-intermediate, and emergency medical	9198
technicians-paramedic. The examinations shall be established by	9199
the board in rules adopted under section 4765.11 of the Revised	9200
Code. The board may administer the examinations or contract with	9201
other persons to administer the examinations. In either case, the	9202
examinations shall be administered pursuant to procedures	9203
established in rules adopted under section 4765.11 of the Revised	9204
Code and shall be offered at various locations in the state	9205
selected by the board.	9206

Except as provided in division (B) of this section, an	9207
applicant shall not be permitted to take an examination for the	9208
same certificate to practice more than three times since last	9209
receiving the certificate of completion pursuant to section	9210
4765.24 of the Revised Code that qualifies the applicant to take	9211
the examination unless the applicant receives another certificate	9212
of completion that qualifies the applicant to take the	9213
examination.	9214

(B) On request of an applicant who fails three examinations	9215
for the same certificate to practice, the board may direct the	9216
applicant to complete a specific portion of an accredited	9217
emergency medical services training program. If the applicant	9218
provides satisfactory proof to the board that the applicant has	9219
successfully completed that portion of the program, the applicant	9220
shall be permitted to take the examination.	9221

Sec. 4765.30. (A)(1) The state board of emergency medical,	9222
fire, and transportation services shall issue a certificate to	9223
practice as a first responder to an applicant who meets all of the	9224
following conditions:	9225

(a) Except as provided in division (A)(2) of this section, is	9226
a volunteer for a nonprofit emergency medical service organization	9227
or a nonprofit fire department;	9228

(b) Holds the appropriate certificate of completion issued in	9229
accordance with section 4765.24 of the Revised Code;	9230

(c) Passes the appropriate examination conducted under	9231
section 4765.29 of the Revised Code;	9232

(d) Is not in violation of any provision of this chapter or	9233
the rules adopted under it;	9234

(e) Meets any other certification requirements established in	9235
rules adopted under section 4765.11 of the Revised Code.	9236

(2) The board may waive the requirement to be a volunteer for	9237
a nonprofit entity if the applicant meets other requirements	9238
established in rules adopted under division (B)(3) of section	9239
4765.11 of the Revised Code relative to a person's eligibility to	9240
practice as a first responder.	9241

(B) The state board of emergency medical, fire, and	9242
transportation services shall issue a certificate to practice as	9243
an emergency medical technician-basic to an applicant who meets	9244
all of the following conditions:	9245

(1) Holds a certificate of completion in emergency medical	9246
services training-basic issued in accordance with section 4765.24	9247
of the Revised Code;	9248

(2) Passes the examination for emergency medical	9249
technicians-basic conducted under section 4765.29 of the Revised	9250
Code;	9251

(3) Is not in violation of any provision of this chapter or	9252
the rules adopted under it;	9253

(4) Meets any other certification requirements established in	9254
rules adopted under section 4765.11 of the Revised Code.	9255

(C) The state board of emergency medical, fire, and	9256
transportation services shall issue a certificate to practice as	9257
an emergency medical technician-intermediate or emergency medical	9258
technician-paramedic to an applicant who meets all of the	9259
following conditions:	9260

(1) Holds a certificate to practice as an emergency medical	9261
technician-basic;	9262

(2) Holds the appropriate certificate of completion issued in	9263
accordance with section 4765.24 of the Revised Code;	9264

(3) Passes the appropriate examination conducted under	9265
section 4765.29 of the Revised Code;	9266

(4) Is not in violation of any provision of this chapter or	9267
the rules adopted under it;	9268

(5) Meets any other certification requirements established in	9269
rules adopted under section 4765.11 of the Revised Code.	9270

(D) A certificate to practice shall have a certification	9271
cycle established by the board and may be renewed by the board	9272
pursuant to rules adopted under section 4765.11 of the Revised	9273
Code. Not later than sixty days prior to the expiration date of an	9274
individual's certificate to practice, the board shall notify the	9275
individual of the scheduled expiration.	9276

An application for renewal shall be accompanied by the	9277
appropriate renewal fee established in rules adopted under section	9278
4765.11 of the Revised Code, unless the board waives the fee on	9279
determining pursuant to those rules that the applicant cannot	9280
afford to pay the fee. Except as provided in division (B) of	9281
section 4765.31 of the Revised Code, the application shall include	9282
evidence of either of the following:	9283

(1) That the applicant received a certificate of completion	9284
from the appropriate emergency medical services continuing	9285
education program pursuant to section 4765.24 of the Revised Code;	9286

(2) That the applicant has successfully passed an examination	9287
that demonstrates the competence to have a certificate renewed	9288
without completing an emergency medical services continuing	9289
education program. The board shall approve such examinations in	9290
accordance with rules adopted under section 4765.11 of the Revised	9291
Code.	9292

(E) The board shall not require an applicant for renewal of a	9293
certificate to practice to take an examination as a condition of	9294
renewing the certificate. This division does not preclude the use	9295
of examinations by operators of approved emergency medical	9296
services continuing education programs as a condition for issuance	9297
of a certificate of completion in emergency medical services	9298
continuing education.	9299

Sec. 4765.31. (A) Except as provided in division (B) of this	9300
section, a first responder, emergency medical technician-basic,	9301
emergency medical technician-intermediate, and emergency medical	9302
technician-paramedic shall complete an emergency medical services	9303
continuing education program or pass an examination approved by	9304
the state board of emergency medical, fire, and transportation	9305
services under division (A) of section 4765.10 of the Revised Code	9306
prior to the expiration of the individual's certificate to	9307
practice. Completion of the continuing education requirements for	9308
EMTs-I or paramedics satisfies the continuing education	9309
requirements for renewing the certificate to practice as an	9310
EMT-basic held by an EMT-I or paramedic.	9311

(B)(1) An applicant for renewal of a certificate to practice	9312
may apply to the board, in writing, for an extension to complete	9313
the continuing education requirements established under division	9314
(A) of this section. The board may grant such an extension and	9315
determine the length of the extension. The board may authorize the	9316
applicant to continue to practice during the extension as if the	9317
certificate to practice had not expired.	9318

(2) An applicant for renewal of a certificate to practice may	9319
apply to the board, in writing, for an exemption from the	9320
continuing education requirements established under division (A)	9321
of this section. The board may exempt an individual or a group of	9322
individuals from all or any part of the continuing education	9323
requirements due to active military service, unusual circumstance,	9324
emergency, special hardship, or any other cause considered	9325
reasonable by the board.	9326

(C) Decisions of whether to grant an extension or exemption	9327
under division (B) of this section shall be made by the board	9328
pursuant to procedures established in rules adopted under section	9329
4765.11 of the Revised Code.	9330

Sec. 4765.32. A current, valid certificate of accreditation	9331
issued under the provisions of former section 3303.11 or 3303.23	9332
of the Revised Code shall remain valid until one year after the	9333
expiration date of the certificate as determined by the provisions	9334
of those sections and shall confer the same privileges and impose	9335
the same responsibilities and requirements as a certificate of	9336
accreditation issued by the state board of emergency medical,	9337
fire, and transportation services under section 4765.17 of the	9338
Revised Code.	9339

A certificate to practice as an emergency medical	9340
technician-ambulance that is valid on November 24, 1995, shall be	9341
considered a certificate to practice as an emergency medical	9342
technician-basic. A certificate to practice as an advanced	9343
emergency medical technician-ambulance that is valid on November	9344
24, 1995, shall be considered a certificate to practice as an	9345
emergency medical technician-intermediate.	9346

Sec. 4765.33. The state board of emergency medical, fire,	9347
and transportation services may suspend or revoke certificates to	9348
practice issued under section 4765.30 of the Revised Code, and may	9349
take other disciplinary action against first responders, emergency	9350
medical technicians-basic, emergency medical	9351
technicians-intermediate, and emergency medical	9352
technicians-paramedic pursuant to rules adopted under section	9353
4765.11 of the Revised Code.	9354

Sec. 4765.37. (A) An emergency medical technician-basic	9355
shall perform the emergency medical services described in this	9356
section in accordance with this chapter and any rules adopted	9357
under it by the state board of emergency medical, fire, and	9358
transportation services.	9359

(B) An emergency medical technician-basic may operate, or be	9360
responsible for operation of, an ambulance and may provide	9361
emergency medical services to patients. In an emergency, an	9362
EMT-basic may determine the nature and extent of illness or injury	9363
and establish priority for required emergency medical services. An	9364
EMT-basic may render emergency medical services such as opening	9365
and maintaining an airway, giving positive pressure ventilation,	9366
cardiac resuscitation, electrical interventions with automated	9367
defibrillators to support or correct the cardiac function and	9368
other methods determined by the board, controlling of hemorrhage,	9369
treatment of shock, immobilization of fractures, bandaging,	9370
assisting in childbirth, management of mentally disturbed	9371
patients, initial care of poison and burn patients, and	9372
determining triage of adult and pediatric trauma victims. Where	9373
patients must in an emergency be extricated from entrapment, an	9374
EMT-basic may assess the extent of injury and render all possible	9375
emergency medical services and protection to the entrapped	9376
patient; provide light rescue services if an ambulance has not	9377
been accompanied by a specialized unit; and after extrication,	9378
provide additional care in sorting of the injured in accordance	9379
with standard emergency procedures.	9380

(C) An EMT-basic may perform any other emergency medical	9381
services approved pursuant to rules adopted under section 4765.11	9382
of the Revised Code. The board shall determine whether the nature	9383
of any such service requires that an EMT-basic receive	9384
authorization prior to performing the service.	9385

(D)(1) Except as provided in division (D)(2) of this section,	9386
if the board determines under division (C) of this section that a	9387
service requires prior authorization, the service shall be	9388
performed only pursuant to the written or verbal authorization of	9389
a physician or of the cooperating physician advisory board, or	9390
pursuant to an authorization transmitted through a direct	9391
communication device by a physician, physician assistant	9392
designated by a physician, or registered nurse designated by a	9393
physician.	9394

(2) If communications fail during an emergency situation or	9395
the required response time prohibits communication, an EMT-basic	9396
may perform services subject to this division, if, in the judgment	9397
of the EMT-basic, the life of the patient is in immediate danger.	9398
Services performed under these circumstances shall be performed in	9399
accordance with the protocols for triage of adult and pediatric	9400
trauma victims established in rules adopted under sections 4765.11	9401
and 4765.40 of the Revised Code and any applicable protocols	9402
adopted by the emergency medical service organization with which	9403
the EMT-basic is affiliated.	9404

Sec. 4765.38. (A) An emergency medical	9405
technician-intermediate shall perform the emergency medical	9406
services described in this section in accordance with this chapter	9407
and any rules adopted under it.	9408

(B) An EMT-I may do any of the following:

9409

(1) Establish and maintain an intravenous lifeline that has	9410
been approved by a cooperating physician or physician advisory	9411
board;	9412

(2) Perform cardiac monitoring;

9413

(3) Perform electrical interventions to support or correct	9414
the cardiac function;	9415

(4) Administer epinephrine;

9416

(5) Determine triage of adult and pediatric trauma victims;

9417

(6) Perform any other emergency medical services approved	9418
pursuant to rules adopted under section 4765.11 of the Revised	9419
Code.	9420

(C)(1) Except as provided in division (C)(2) of this section,	9421
the services described in division (B) of this section shall be	9422
performed by an EMT-I only pursuant to the written or verbal	9423
authorization of a physician or of the cooperating physician	9424
advisory board, or pursuant to an authorization transmitted	9425
through a direct communication device by a physician, physician	9426
assistant designated by a physician, or registered nurse	9427
designated by a physician.	9428

(2) If communications fail during an emergency situation or	9429
the required response time prohibits communication, an EMT-I may	9430
perform any of the services described in division (B) of this	9431
section, if, in the judgment of the EMT-I, the life of the patient	9432
is in immediate danger. Services performed under these	9433
circumstances shall be performed in accordance with the protocols	9434
for triage of adult and pediatric trauma victims established in	9435
rules adopted under sections 4765.11 and 4765.40 of the Revised	9436
Code and any applicable protocols adopted by the emergency medical	9437
service organization with which the EMT-I is affiliated.	9438

(D) In addition to, and in the course of, providing emergency	9439
medical treatment, an emergency medical technician-intermediate	9440
may withdraw blood as provided under sections 1547.11, 4506.17,	9441
and 4511.19 of the Revised Code. An emergency medical	9442
technician-intermediate shall withdraw blood in accordance with	9443
this chapter and any rules adopted under it by the state board of	9444
emergency medical, fire, and transportation services.	9445

Sec. 4765.39. (A) An emergency medical technician-paramedic	9446
shall perform the emergency medical services described in this	9447
section in accordance with this chapter and any rules adopted	9448
under it.	9449

(B) A paramedic may do any of the following:

9450

(1) Perform cardiac monitoring;

9451

(2) Perform electrical interventions to support or correct	9452
the cardiac function;	9453

(3) Perform airway procedures;

9454

(4) Perform relief of pneumothorax;

9455

(5) Administer appropriate drugs and intravenous fluids;

9456

(6) Determine triage of adult and pediatric trauma victims;

9457

(7) Perform any other emergency medical services, including	9458
life support or intensive care techniques, approved pursuant to	9459
rules adopted under section 4765.11 of the Revised Code.	9460

(C)(1) Except as provided in division (C)(2) of this section,	9461
the services described in division (B) of this section shall be	9462
performed by a paramedic only pursuant to the written or verbal	9463
authorization of a physician or of the cooperating physician	9464
advisory board, or pursuant to an authorization transmitted	9465
through a direct communication device by a physician, physician	9466
assistant designated by a physician, or registered nurse	9467
designated by a physician.	9468

(2) If communications fail during an emergency situation or	9469
the required response time prohibits communication, a paramedic	9470
may perform any of the services described in division (B) of this	9471
section, if, in the paramedic's judgment, the life of the patient	9472
is in immediate danger. Services performed under these	9473
circumstances shall be performed in accordance with the protocols	9474
for triage of adult and pediatric trauma victims established in	9475
rules adopted under sections 4765.11 and 4765.40 of the Revised	9476
Code and any applicable protocols adopted by the emergency medical	9477
service organization with which the paramedic is affiliated.	9478

(D) In addition to, and in the course of, providing emergency	9479
medical treatment, an emergency medical technician-paramedic may	9480
withdraw blood as provided under sections 1547.11, 4506.17, and	9481
4511.19 of the Revised Code. An emergency medical	9482
technician-paramedic shall withdraw blood in accordance with this	9483
chapter and any rules adopted under it by the state board of	9484
emergency medical, fire, and transportation services.	9485

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	9486
~~effective date of this amendment~~November 3, 2000, the state board	9487
of emergency medical, fire, and transportation services shall	9488
adopt rules under section 4765.11 of the Revised Code establishing	9489
written protocols for the triage of adult and pediatric trauma	9490
victims. The rules shall define adult and pediatric trauma in a	9491
manner that is consistent with section 4765.01 of the Revised	9492
Code, minimizes overtriage and undertriage, and emphasizes the	9493
special needs of pediatric and geriatric trauma patients.	9494

(2) The state triage protocols adopted under division (A) of	9495
this section shall require a trauma victim to be transported	9496
directly to an adult or pediatric trauma center that is qualified	9497
to provide appropriate adult or pediatric trauma care, unless one	9498
or more of the following exceptions applies:	9499

(a) It is medically necessary to transport the victim to	9500
another hospital for initial assessment and stabilization before	9501
transfer to an adult or pediatric trauma center;	9502

(b) It is unsafe or medically inappropriate to transport the	9503
victim directly to an adult or pediatric trauma center due to	9504
adverse weather or ground conditions or excessive transport time;	9505

(c) Transporting the victim to an adult or pediatric trauma	9506
center would cause a shortage of local emergency medical service	9507
resources;	9508

(d) No appropriate adult or pediatric trauma center is able	9509
to receive and provide adult or pediatric trauma care to the	9510
trauma victim without undue delay;	9511

(e) Before transport of a patient begins, the patient	9512
requests to be taken to a particular hospital that is not a trauma	9513
center or, if the patient is less than eighteen years of age or is	9514
not able to communicate, such a request is made by an adult member	9515
of the patient's family or a legal representative of the patient.	9516

(3)(a) The state triage protocols adopted under division (A)	9517
of this section shall require trauma patients to be transported to	9518
an adult or pediatric trauma center that is able to provide	9519
appropriate adult or pediatric trauma care, but shall not require	9520
a trauma patient to be transported to a particular trauma center.	9521
The state triage protocols shall establish one or more procedures	9522
for evaluating whether an injury victim requires or would benefit	9523
from adult or pediatric trauma care, which procedures shall be	9524
applied by emergency medical service personnel based on the	9525
patient's medical needs. In developing state trauma triage	9526
protocols, the board shall consider relevant model triage rules	9527
and shall consult with the commission on minority health, regional	9528
directors, regional physician advisory boards, and appropriate	9529
medical, hospital, and emergency medical service organizations.	9530

(b) Before the joint committee on agency rule review	9531
considers state triage protocols for trauma victims proposed by	9532
the state board of emergency medical, fire, and transportation	9533
services, or amendments thereto, the board shall send a copy of	9534
the proposal to the Ohio chapter of the American college of	9535
emergency physicians, the Ohio chapter of the American college of	9536
surgeons, the Ohio chapter of the American academy of pediatrics,	9537
OHA: the association for hospitals and health systems, the Ohio	9538
osteopathic association, and the association of Ohio children's	9539
hospitals and shall hold a public hearing at which it must	9540
consider the appropriateness of the protocols to minimize	9541
overtriage and undertriage of trauma victims.	9542

(c) The board shall provide copies of the state triage	9543
protocols, and amendments to the protocols, to each emergency	9544
medical service organization, regional director, regional	9545
physician advisory board, certified emergency medical service	9546
instructor, and person who regularly provides medical direction to	9547
emergency medical service personnel in the state; to each medical	9548
service organization in other jurisdictions that regularly provide	9549
emergency medical services in this state; and to others upon	9550
request.	9551

(B)(1) The state board of emergency medical, fire, and	9552
transportation services shall approve regional protocols for the	9553
triage of adult and pediatric trauma victims, and amendments to	9554
such protocols, that are submitted to the board as provided in	9555
division (B)(2) of this section and provide a level of adult and	9556
pediatric trauma care comparable to the state triage protocols	9557
adopted under division (A) of this section. The board shall not	9558
otherwise approve regional triage protocols for trauma victims.	9559
The board shall not approve regional triage protocols for regions	9560
that overlap and shall resolve any such disputes by apportioning	9561
the overlapping territory among appropriate regions in a manner	9562
that best serves the medical needs of the residents of that	9563
territory. The trauma committee of the board shall have reasonable	9564
opportunity to review and comment on regional triage protocols and	9565
amendments to such protocols before the board approves or	9566
disapproves them.	9567

(2) Regional protocols for the triage of adult and pediatric	9568
trauma victims, and amendments to such protocols, shall be	9569
submitted in writing to the state board of emergency medical,	9570
fire, and transportation services by the regional physician	9571
advisory board or regional director, as appropriate, that serves a	9572
majority of the population in the region in which the protocols	9573
apply. Prior to submitting regional triage protocols, or an	9574
amendment to such protocols, to the state board of emergency	9575
medical, fire, and transportation services, a regional physician	9576
advisory board or regional director shall consult with each of the	9577
following that regularly serves the region in which the protocols	9578
apply:	9579

(a) Other regional physician advisory boards and regional	9580
directors;	9581

(b) Hospitals that operate an emergency facility;

9582

9583

(d) Professional societies of physicians who specialize in	9584
adult or pediatric emergency medicine or adult or pediatric trauma	9585
surgery;	9586

(e) Professional societies of nurses who specialize in adult	9587
or pediatric emergency nursing or adult or pediatric trauma	9588
surgery;	9589

(f) Professional associations or labor organizations of	9590
emergency medical service personnel;	9591

(g) Emergency medical service organizations and medical	9592
directors of such organizations;	9593

(h) Certified emergency medical service instructors.

9594

(3) Regional protocols for the triage of adult and pediatric	9595
trauma victims approved under division (B)(2) of this section	9596
shall require patients to be transported to a trauma center that	9597
is able to provide an appropriate level of adult or pediatric	9598
trauma care; shall not discriminate among trauma centers for	9599
reasons not related to a patient's medical needs; shall seek to	9600
minimize undertriage and overtriage; may include any of the	9601
exceptions in division (A)(2) of this section; and supersede the	9602
state triage protocols adopted under division (A) of this section	9603
in the region in which the regional protocols apply.	9604

(4) Upon approval of regional protocols for the triage of	9605
adult and pediatric trauma victims under division (B)(2) of this	9606
section, or an amendment to such protocols, the state board of	9607
emergency medical, fire, and transportation services shall provide	9608
written notice of the approval and a copy of the protocols or	9609
amendment to each entity in the region in which the protocols	9610
apply to which the board is required to send a copy of the state	9611
triage protocols adopted under division (A) of this section.	9612

(C)(1) The state board of emergency medical, fire, and	9613
transportation services shall review the state triage protocols	9614
adopted under division (A) of this section at least every three	9615
years to determine if they are causing overtriage or undertriage	9616
of trauma patients, and shall modify them as necessary to minimize	9617
overtriage and undertriage.	9618

(2) Each regional physician advisory board or regional	9619
director that has had regional triage protocols approved under	9620
division (B)(2) of this section shall review the protocols at	9621
least every three years to determine if they are causing	9622
overtriage or undertriage of trauma patients and shall submit an	9623
appropriate amendment to the state board, as provided in division	9624
(B) of this section, as necessary to minimize overtriage and	9625
undertriage. The state board shall approve the amendment if it	9626
will reduce overtriage or undertriage while complying with	9627
division (B) of this section, and shall not otherwise approve the	9628
amendment.	9629

(D) No provider of emergency medical services or person who	9630
provides medical direction to emergency medical service personnel	9631
in this state shall fail to comply with the state triage protocols	9632
adopted under division (A) of this section or applicable regional	9633
triage protocols approved under division (B)(2) of this section.	9634

(E) The state board of emergency medical, fire, and	9635
transportation services shall adopt rules under section 4765.11 of	9636
the Revised Code that provide for enforcement of the state triage	9637
protocols adopted under division (A) of this section and regional	9638
triage protocols approved under division (B)(2) of this section,	9639
and for education regarding those protocols for emergency medical	9640
service organizations and personnel, regional directors and	9641
regional physician advisory boards, emergency medical service	9642
instructors, and persons who regularly provide medical direction	9643
to emergency medical service personnel in this state.	9644

Sec. 4765.42. Each emergency medical service organization	9645
shall give notice of the name of its medical director or the names	9646
of the members of its cooperating physician advisory board to the	9647
state board of emergency medical, fire, and transportation	9648
services. The notice shall be made in writing.	9649

Sec. 4765.48. The attorney general, the prosecuting attorney	9650
of the county, or the city director of law shall, upon complaint	9651
of the state board of emergency medical, fire, and transportation	9652
services, prosecute to termination or bring an action for	9653
injunction against any person violating this chapter or the rules	9654
adopted under it. The common pleas court in which an action for	9655
injunction is filed has the jurisdiction to grant injunctive	9656
relief upon a showing that the respondent named in the complaint	9657
is in violation of this chapter or the rules adopted under it.	9658

Sec. 4765.49. (A) A first responder, emergency medical	9659
technician-basic, emergency medical technician-intermediate, or	9660
emergency medical technician-paramedic is not liable in damages in	9661
a civil action for injury, death, or loss to person or property	9662
resulting from the individual's administration of emergency	9663
medical services, unless the services are administered in a manner	9664
that constitutes willful or wanton misconduct. A physician,	9665
physician assistant designated by a physician, or registered nurse	9666
designated by a physician, any of whom is advising or assisting in	9667
the emergency medical services by means of any communication	9668
device or telemetering system, is not liable in damages in a civil	9669
action for injury, death, or loss to person or property resulting	9670
from the individual's advisory communication or assistance, unless	9671
the advisory communication or assistance is provided in a manner	9672
that constitutes willful or wanton misconduct. Medical directors	9673
and members of cooperating physician advisory boards of emergency	9674
medical service organizations are not liable in damages in a civil	9675
action for injury, death, or loss to person or property resulting	9676
from their acts or omissions in the performance of their duties,	9677
unless the act or omission constitutes willful or wanton	9678
misconduct.	9679

(B) A political subdivision, joint ambulance district, joint	9680
emergency medical services district, or other public agency, and	9681
any officer or employee of a public agency or of a private	9682
organization operating under contract or in joint agreement with	9683
one or more political subdivisions, that provides emergency	9684
medical services, or that enters into a joint agreement or a	9685
contract with the state, any political subdivision, joint	9686
ambulance district, or joint emergency medical services district	9687
for the provision of emergency medical services, is not liable in	9688
damages in a civil action for injury, death, or loss to person or	9689
property arising out of any actions taken by a first responder,	9690
EMT-basic, EMT-I, or paramedic working under the officer's or	9691
employee's jurisdiction, or for injury, death, or loss to person	9692
or property arising out of any actions of licensed medical	9693
personnel advising or assisting the first responder, EMT-basic,	9694
EMT-I, or paramedic, unless the services are provided in a manner	9695
that constitutes willful or wanton misconduct.	9696

(C) A student who is enrolled in an emergency medical	9697
services training program accredited under section 4765.17 of the	9698
Revised Code or an emergency medical services continuing education	9699
program approved under that section is not liable in damages in a	9700
civil action for injury, death, or loss to person or property	9701
resulting from either of the following:	9702

(1) The student's administration of emergency medical	9703
services or patient care or treatment, if the services, care, or	9704
treatment is administered while the student is under the direct	9705
supervision and in the immediate presence of an EMT-basic, EMT-I,	9706
paramedic, registered nurse, physician assistant, or physician and	9707
while the student is receiving clinical training that is required	9708
by the program, unless the services, care, or treatment is	9709
provided in a manner that constitutes willful or wanton	9710
misconduct;	9711

(2) The student's training as an ambulance driver, unless the	9712
driving is done in a manner that constitutes willful or wanton	9713
misconduct.	9714

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	9715
holds a valid commercial driver's license issued pursuant to	9716
Chapter 4506. of the Revised Code or driver's license issued	9717
pursuant to Chapter 4507. of the Revised Code and who is employed	9718
by an emergency medical service organization that is not owned or	9719
operated by a political subdivision as defined in section 2744.01	9720
of the Revised Code, is not liable in damages in a civil action	9721
for injury, death, or loss to person or property that is caused by	9722
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	9723
or other operator while responding to or completing a call for	9724
emergency medical services, unless the operation constitutes	9725
willful or wanton misconduct or does not comply with the	9726
precautions of section 4511.03 of the Revised Code. An emergency	9727
medical service organization is not liable in damages in a civil	9728
action for any injury, death, or loss to person or property that	9729
is caused by the operation of an ambulance by its employee or	9730
agent, if this division grants the employee or agent immunity from	9731
civil liability for the injury, death, or loss.	9732

(E) An employee or agent of an emergency medical service	9733
organization who receives requests for emergency medical services	9734
that are directed to the organization, dispatches first	9735
responders, EMTs-basic, EMTs-I, or paramedics in response to those	9736
requests, communicates those requests to those employees or agents	9737
of the organization who are authorized to dispatch first	9738
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	9739
combination of these functions for the organization, is not liable	9740
in damages in a civil action for injury, death, or loss to person	9741
or property resulting from the individual's acts or omissions in	9742
the performance of those duties for the organization, unless an	9743
act or omission constitutes willful or wanton misconduct.	9744

(F) A person who is performing the functions of a first	9745
responder, EMT-basic, EMT-I, or paramedic under the authority of	9746
the laws of a state that borders this state and who provides	9747
emergency medical services to or transportation of a patient in	9748
this state is not liable in damages in a civil action for injury,	9749
death, or loss to person or property resulting from the person's	9750
administration of emergency medical services, unless the services	9751
are administered in a manner that constitutes willful or wanton	9752
misconduct. A physician, physician assistant designated by a	9753
physician, or registered nurse designated by a physician, any of	9754
whom is licensed to practice in the adjoining state and who is	9755
advising or assisting in the emergency medical services by means	9756
of any communication device or telemetering system, is not liable	9757
in damages in a civil action for injury, death, or loss to person	9758
or property resulting from the person's advisory communication or	9759
assistance, unless the advisory communication or assistance is	9760
provided in a manner that constitutes willful or wanton	9761
misconduct.	9762

(G) A person certified under section 4765.23 of the Revised	9763
Code to teach in an emergency medical services training program or	9764
emergency medical services continuing education program, and a	9765
person who teaches at the Ohio fire academy established under	9766
section 3737.33 of the Revised Code or in a fire service training	9767
program described in division (A) of section 4765.55 of the	9768
Revised Code, is not liable in damages in a civil action for	9769
injury, death, or loss to person or property resulting from the	9770
person's acts or omissions in the performance of the person's	9771
duties, unless an act or omission constitutes willful or wanton	9772
misconduct.	9773

(H) In the accreditation of emergency medical services	9774
training programs or approval of emergency medical services	9775
continuing education programs, the state board of emergency	9776
medical, fire, and transportation services and any person or	9777
entity authorized by the board to evaluate applications for	9778
accreditation or approval are not liable in damages in a civil	9779
action for injury, death, or loss to person or property resulting	9780
from their acts or omissions in the performance of their duties,	9781
unless an act or omission constitutes willful or wanton	9782
misconduct.	9783

(I) A person authorized by an emergency medical service	9784
organization to review the performance of first responders,	9785
EMTs-basic, EMTs-I, and paramedics or to administer quality	9786
assurance programs is not liable in damages in a civil action for	9787
injury, death, or loss to person or property resulting from the	9788
person's acts or omissions in the performance of the person's	9789
duties, unless an act or omission constitutes willful or wanton	9790
misconduct.	9791

Sec. 4765.55. (A) The executive director of the state board	9792
of emergency medical, fire, and transportation services, with the	9793
advice and counsel of the firefighter and fire safety inspector	9794
training committee of the state board of emergency medical, fire,	9795
and transportation services, shall assist in the establishment and	9796
maintenance by any state agency, or any county, township, city,	9797
village, school district, or educational service center of a fire	9798
service training program for the training of all persons in	9799
positions of any fire training certification level approved by the	9800
executive director, including full-time paid firefighters,	9801
part-time paid firefighters, volunteer firefighters, and, fire	9802
safety inspectors in this state. The executive director, with the	9803
advice and counsel of the committee, shall adopt rules to regulate	9804
those firefighter and fire safety inspector training programs, and	9805
other training programs approved by the executive director. The	9806
rules may include, but need not be limited to, training	9807
curriculum, certification examinations, training schedules,	9808
minimum hours of instruction, attendance requirements, required	9809
equipment and facilities, basic physical requirements, and methods	9810
of training for all persons in positions of any fire training	9811
certification level approved by the executive director, including	9812
full-time paid firefighters, part-time paid firefighters,	9813
volunteer firefighters, and fire safety inspectors. The rules	9814
adopted to regulate training programs for volunteer firefighters	9815
shall not require more than thirty-six hours of training.	9816

The executive director, with the advice and counsel of the	9817
committee, shall provide for the classification and chartering of	9818
fire service training programs in accordance with rules adopted	9819
under division (B) of this section, and may take action against	9820
any chartered training program or applicant, in accordance with	9821
rules adopted under divisions (B)(4) and (5) of this section, for	9822
failure to meet standards set by the adopted rules.	9823

(B) The executive director, with the advice and counsel of	9824
the firefighter and fire safety inspector training committee of	9825
the state board of emergency medical, fire, and transportation	9826
services, shall adopt, and may amend or rescind, rules under	9827
Chapter 119. of the Revised Code that establish all of the	9828
following:	9829

(1) Requirements for, and procedures for chartering, the	9830
training programs regulated by this section;	9831

(2) Requirements for, and requirements and procedures for	9832
obtaining and renewing, an instructor certificate to teach the	9833
training programs and continuing education classes regulated by	9834
this section;	9835

(3) Requirements for, and requirements and procedures for	9836
obtaining and renewing, any of the fire training certificates	9837
regulated by this section;	9838

(4) Grounds and procedures for suspending, revoking,	9839
restricting, or refusing to issue or renew any of the certificates	9840
or charters regulated by this section, which grounds shall be	9841
limited to one of the following:	9842

(a) Failure to satisfy the education or training requirements	9843
of this section;	9844

(b) Conviction of a felony offense;

9845

9846

(d) Conviction of a misdemeanor committed in the course of	9847
practice;	9848

(e) In the case of a chartered training program or applicant,	9849
failure to meet standards set by the rules adopted under this	9850
division.	9851

(5) Grounds and procedures for imposing and collecting fines,	9852
not to exceed one thousand dollars, in relation to actions taken	9853
under division (B)(4) of this section against persons holding	9854
certificates and charters regulated by this section, the fines to	9855
be deposited into the trauma and emergency medical services fund	9856
established under section 4513.263 of the Revised Code;	9857

(6) Continuing education requirements for certificate	9858
holders, including a requirement that credit shall be granted for	9859
in-service training programs conducted by local entities;	9860

(7) Procedures for considering the granting of an extension	9861
or exemption of fire service continuing education requirements;	9862

(8) Certification cycles for which the certificates and	9863
charters regulated by this section are valid.	9864

(C) The executive director, with the advice and counsel of	9865
the firefighter and fire safety inspector training committee of	9866
the state board of emergency medical, fire, and transportation	9867
services, shall issue or renew an instructor certificate to teach	9868
the training programs and continuing education classes regulated	9869
by this section to any applicant that the executive director	9870
determines meets the qualifications established in rules adopted	9871
under division (B) of this section, and may take disciplinary	9872
action against an instructor certificate holder or applicant in	9873
accordance with rules adopted under division (B) of this section.	9874
The executive director, with the advice and counsel of the	9875
committee, shall charter or renew the charter of any training	9876
program that the executive director determines meets the	9877
qualifications established in rules adopted under division (B) of	9878
this section, and may take disciplinary action against the holder	9879
of a charter in accordance with rules adopted under division (B)	9880
of this section.	9881

(D) The executive director shall issue or renew a fire	9882
training certificate for a firefighter, a fire safety inspector,	9883
or another position of any fire training certification level	9884
approved by the executive director, to any applicant that the	9885
executive director determines meets the qualifications established	9886
in rules adopted under division (B) of this section and may take	9887
disciplinary actions against a certificate holder or applicant in	9888
accordance with rules adopted under division (B) of this section.	9889

(E) Certificates issued under this section shall be on a form	9890
prescribed by the executive director, with the advice and counsel	9891
of the firefighter and fire safety inspector training committee of	9892
the state board of emergency medical, fire, and transportation	9893
services.	9894

(F)(1) The executive director, with the advice and counsel of	9895
the firefighter and fire safety inspector training committee of	9896
the state board of emergency medical, fire, and transportation	9897
services, shall establish criteria for evaluating the standards	9898
maintained by other states and the branches of the United States	9899
military for firefighter, fire safety inspector, and fire	9900
instructor training programs, and other training programs	9901
recognized by the executive director, to determine whether the	9902
standards are equivalent to those established under this section	9903
and shall establish requirements and procedures for issuing a	9904
certificate to each person who presents proof to the executive	9905
director of having satisfactorily completed a training program	9906
that meets those standards.	9907

(2) The executive director, with the committee's advice and	9908
counsel, shall adopt rules establishing requirements and	9909
procedures for issuing a fire training certificate in lieu of	9910
completing a chartered training program.	9911

(G) Nothing in this section invalidates any other section of	9912
the Revised Code relating to the fire training academy. Section	9913
4765.11 of the Revised Code does not affect any powers and duties	9914
granted to the executive director under this section.	9915

Sec. 4765.56. On receipt of a notice pursuant to section	9916
3123.43 of the Revised Code, the state board of emergency medical,	9917
fire, and transportation services shall comply with sections	9918
3123.41 to 3123.50 of the Revised Code and any applicable rules	9919
adopted under section 3123.63 of the Revised Code with respect to	9920
a certificate to practice issued pursuant to this chapter.	9921

Sec. 4765.59. The state board of emergency medical, fire,	9922
and transportation services shall not administer laws and rules	9923
exceeding the statutory authority provided to the board under	9924
Chapters 4765. and 4766. of the Revised Code.	9925

Sec. 4766.01. As used in this chapter:

9926

(A) "Advanced life support" means treatment described in	9927
section 4765.39 of the Revised Code that a paramedic is certified	9928
to perform.	9929

(B) "Air medical service organization" means an organization	9930
that furnishes, conducts, maintains, advertises, promotes, or	9931
otherwise engages in providing medical services with a rotorcraft	9932
air ambulance or fixed wing air ambulance.	9933

(C) "Air medical transportation" means the transporting of a	9934
patient by rotorcraft air ambulance or fixed wing air ambulance	9935
with appropriately licensed and certified medical personnel.	9936

(D) "Ambulance" means any motor vehicle that is specifically	9937
designed, constructed, or modified and equipped and is intended to	9938
be used to provide basic life support, intermediate life support,	9939
advanced life support, or mobile intensive care unit services and	9940
transportation upon the streets or highways of this state of	9941
persons who are seriously ill, injured, wounded, or otherwise	9942
incapacitated or helpless. "Ambulance" does not include air	9943
medical transportation or a vehicle designed and used solely for	9944
the transportation of nonstretcher-bound persons, whether	9945
hospitalized or handicapped or whether ambulatory or confined to a	9946
wheelchair.	9947

(E) "Ambulette" means a motor vehicle that is specifically	9948
designed, constructed, or modified and equipped and is intended to	9949
be used for transportation upon the streets or highways of this	9950
state of persons who require use of a wheelchair.	9951

(F) "Basic life support" means treatment described in section	9952
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	9953
perform.	9954

(G) "Disaster situation" means any condition or situation	9955
described by rule of the ~~Ohio~~state board of emergency medical,	9956
fire, and transportation ~~board~~services as a mass casualty, major	9957
emergency, natural disaster, or national emergency.	9958

(H) "Emergency medical service organization" means an	9959
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	9960
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	9961
paramedics, to provide medical care to victims of illness or	9962
injury. An emergency medical service organization includes, but is	9963
not limited to, a commercial ambulance service organization, a	9964
hospital, and a funeral home.	9965

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	9966
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	9967
Revised Code.	9968

(J) "Fixed wing air ambulance" means a fixed wing aircraft	9969
that is specifically designed, constructed, or modified and	9970
equipped and is intended to be used as a means of air medical	9971
transportation.	9972

(K) "Intermediate life support" means treatment described in	9973
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	9974
certified to perform.	9975

(L) "Major emergency" means any emergency event that cannot	9976
be resolved through the use of locally available emergency	9977
resources.	9978

(M) "Mass casualty" means an emergency event that results in	9979
ten or more persons being injured, incapacitated, made ill, or	9980
killed.	9981

(N) "Medical emergency" means an unforeseen event affecting	9982
an individual in such a manner that a need for immediate care is	9983
created.	9984

(O) "Mobile intensive care unit" means an ambulance used only	9985
for maintaining specialized or intensive care treatment and used	9986
primarily for interhospital transports of patients whose	9987
conditions require care beyond the scope of a paramedic as	9988
provided in section 4765.39 of the Revised Code.	9989

(P)(1) "Nonemergency medical service organization" means a	9990
person that does both of the following:	9991

(a) Provides services to the public on a regular basis for	9992
the purpose of transporting individuals who require the use of a	9993
wheelchair or are confined to a wheelchair to receive health care	9994
services at health care facilities or health care practitioners'	9995
offices in nonemergency circumstances;	9996

(b) Provides the services for a fee, regardless of whether	9997
the fee is paid by the person being transported, a third party	9998
payer, as defined in section 3702.51 of the Revised Code, or any	9999
other person or government entity.	10000

(2) "Nonemergency medical service organization" does not	10001
include a health care facility, as defined in section 1751.01 of	10002
the Revised Code, that provides ambulette services only to	10003
patients of that facility.	10004

(Q) "Nontransport vehicle" means a motor vehicle operated by	10005
a licensed emergency medical service organization not as an	10006
ambulance, but as a vehicle for providing services in conjunction	10007
with the ambulances operated by the organization or other	10008
emergency medical service organizations.	10009

(R) "Patient" means any individual who as a result of illness	10010
or injury needs medical attention, whose physical or mental	10011
condition is such that there is imminent danger of loss of life or	10012
significant health impairment, who may be otherwise incapacitated	10013
or helpless as a result of a physical or mental condition, or	10014
whose physical condition requires the use of a wheelchair.	10015

(S) "Rotorcraft air ambulance" means a helicopter or other	10016
aircraft capable of vertical takeoffs, vertical landings, and	10017
hovering that is specifically designed, constructed, or modified	10018
and equipped and is intended to be used as a means of air medical	10019
transportation.	10020

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	10021
fire, and transportation ~~board~~services shall adopt rules, in	10022
accordance with Chapter 119. of the Revised Code, implementing the	10023
requirements of this chapter. The rules shall include provisions	10024
relating to the following:	10025

(1) Requirements for an emergency medical service	10026
organization to receive a permit for an ambulance or nontransport	10027
vehicle;	10028

(2) Requirements for an emergency medical service	10029
organization to receive a license as a basic life-support,	10030
intermediate life-support, advanced life-support, or mobile	10031
intensive care unit organization;	10032

(3) Requirements for a nonemergency medical service	10033
organization to receive a permit for an ambulette vehicle;	10034

(4) Requirements for a nonemergency medical service	10035
organization to receive a license for an ambulette service;	10036

(5) Requirements for an air medical service organization to	10037
receive a permit for a rotorcraft air ambulance or fixed wing air	10038
ambulance;	10039

(6) Requirements for licensure of air medical service	10040
organizations;	10041

(7) Forms for applications and renewals of licenses and	10042
permits;	10043

(8) Requirements for record keeping of service responses made	10044
by licensed emergency medical service organizations;	10045

(9) Fee amounts for licenses and permits, and their renewals;

10046

(10) Inspection requirements for licensees' vehicles or	10047
aircraft, records, and physical facilities;	10048

(11) Fee amounts for inspections of ambulances, ambulettes,	10049
rotorcraft air ambulances, fixed wing air ambulances, and	10050
nontransport vehicles;	10051

(12) Requirements for ambulances and nontransport vehicles	10052
used by licensed emergency medical service organizations, for	10053
ambulette vehicles used by licensed nonemergency medical service	10054
organizations, and for rotorcraft air ambulances or fixed wing air	10055
ambulances used by licensed air medical service organizations that	10056
specify for each type of vehicle or aircraft the types of	10057
equipment that must be carried, the communication systems that	10058
must be maintained, and the personnel who must staff the vehicle	10059
or aircraft;	10060

(13) The level of care each type of emergency medical service	10061
organization, nonemergency medical service organization, and air	10062
medical service organization is authorized to provide;	10063

(14) Eligibility requirements for employment as an ambulette	10064
driver, including grounds for disqualification due to the results	10065
of a motor vehicle law violation check, chemical test, or criminal	10066
records check. The rule may require that an applicant for	10067
employment as an ambulette driver provide a set of fingerprints to	10068
law enforcement authorities if the applicant comes under final	10069
consideration for employment.	10070

(15) Any other rules that the board determines necessary for	10071
the implementation and enforcement of this chapter.	10072

(B) In the rules for ambulances and nontransport vehicles	10073
adopted under division (A)(12) of this section, the board may	10074
establish requirements that vary according to whether the	10075
emergency medical service organization using the vehicles is	10076
licensed as a basic life-support, intermediate life-support,	10077
advanced life-support, or mobile intensive care unit organization.	10078

(C) A mobile intensive care unit that is not dually certified	10079
to provide advanced life-support and meets the requirements of the	10080
rules adopted under this section is not required to carry	10081
immobilization equipment, including board splint kits, traction	10082
splints, backboards, backboard straps, cervical immobilization	10083
devices, cervical collars, stair chairs, folding cots, or other	10084
types of immobilization equipment determined by the board to be	10085
unnecessary for mobile intensive care units.	10086

A mobile intensive care unit is exempt from the emergency	10087
medical technician staffing requirements of section 4765.43 of the	10088
Revised Code when it is staffed by at least one physician or	10089
registered nurse and another person, designated by a physician,	10090
who holds a valid license or certificate to practice in a health	10091
care profession, and when at least one of the persons staffing the	10092
mobile intensive care unit is a registered nurse whose training	10093
meets or exceeds the training required for a paramedic.	10094

Sec. 4766.04. (A) Except as otherwise provided in this	10095
chapter, no person shall furnish, operate, conduct, maintain,	10096
advertise, engage in, or propose or profess to engage in the	10097
business or service in this state of transporting persons who are	10098
seriously ill, injured, or otherwise incapacitated or who require	10099
the use of a wheelchair or are confined to a wheelchair unless the	10100
person is licensed pursuant to this section.	10101

(B) To qualify for a license as a basic life-support,	10102
intermediate life-support, advanced life-support, or mobile	10103
intensive care unit organization, an emergency medical service	10104
organization shall do all of the following:	10105

(1) Apply for a permit for each ambulance and nontransport	10106
vehicle owned or leased as provided in section 4766.07 of the	10107
Revised Code;	10108

(2) Meet all requirements established in rules adopted by the	10109
~~Ohio~~state board of emergency medical, fire, and transportation	10110
~~board~~services regarding ambulances and nontransport vehicles,	10111
including requirements pertaining to equipment, communications	10112
systems, staffing, and level of care the particular organization	10113
is permitted to render;	10114

(3) Maintain the appropriate type and amount of insurance as	10115
specified in section 4766.06 of the Revised Code;	10116

(4) Meet all other requirements established under rules	10117
adopted by the board for the particular license.	10118

(C) To qualify for a license to provide ambulette service, a	10119
nonemergency medical service organization shall do all of the	10120
following:	10121

(1) Apply for a permit for each ambulette owned or leased as	10122
provided in section 4766.07 of the Revised Code;	10123

(2) Meet all requirements established in rules adopted by the	10124
~~Ohio~~state board of emergency medical, fire, and transportation	10125
~~board~~services regarding ambulettes, including requirements	10126
pertaining to equipment, communication systems, staffing, and	10127
level of care the organization is permitted to render;	10128

(3) Maintain the appropriate type and amount of insurance as	10129
specified in section 4766.06 of the Revised Code;	10130

(4) Meet all other requirements established under rules	10131
adopted by the board for the license.	10132

(D) To qualify for a license to provide air medical	10133
transportation, an air medical service organization shall do all	10134
of the following:	10135

(1) Apply for a permit for each rotorcraft air ambulance and	10136
fixed wing air ambulance owned or leased as provided in section	10137
4766.07 of the Revised Code;	10138

(2) Meet all requirements established in rules adopted by the	10139
~~Ohio~~state board of emergency medical, fire, and transportation	10140
~~board~~services regarding rotorcraft air ambulances and fixed wing	10141
air ambulances, including requirements pertaining to equipment,	10142
communication systems, staffing, and level of care the	10143
organization is permitted to render;	10144

(3) Maintain the appropriate type and amount of insurance as	10145
specified in section 4766.06 of the Revised Code;	10146

(4) Meet all other requirements established under rules	10147
adopted by the board for the license.	10148

(E) An emergency medical service organization that applies	10149
for a license as a basic life-support, intermediate life-support,	10150
advanced life-support, or mobile intensive care unit organization;	10151
a nonemergency medical service organization that applies for a	10152
license to provide ambulette service; or an air medical service	10153
organization that applies for a license to provide air medical	10154
transportation shall submit a completed application to the board,	10155
on a form provided by the board for each particular license,	10156
together with the appropriate fees established under section	10157
4766.05 of the Revised Code. The application form shall include	10158
all of the following:	10159

(1) The name and business address of the operator of the	10160
organization for which licensure is sought;	10161

(2) The name under which the applicant will operate the	10162
organization;	10163

(3) A list of the names and addresses of all officers and	10164
directors of the organization;	10165

(4) For emergency medical service organizations and	10166
nonemergency medical service organizations, a description of each	10167
vehicle to be used, including the make, model, year of	10168
manufacture, mileage, vehicle identification number, and the color	10169
scheme, insignia, name, monogram, or other distinguishing	10170
characteristics to be used to designate the applicant's vehicle;	10171

(5) For air medical service organizations using fixed wing	10172
air ambulances, a description of each aircraft to be used,	10173
including the make, model, year of manufacture, and aircraft hours	10174
on airframe;	10175

(6) For air medical service organizations using rotorcraft	10176
air ambulances, a description of each aircraft to be used,	10177
including the make, model, year of manufacture, aircraft hours on	10178
airframe, aircraft identification number, and the color scheme,	10179
insignia, name, monogram, or other distinguishing characteristics	10180
to be used to designate the applicant's rotorcraft air ambulance;	10181

(7) The location and description of each place from which the	10182
organization will operate;	10183

(8) A description of the geographic area to be served by the	10184
applicant;	10185

(9) Any other information the board, by rule, determines	10186
necessary.	10187

(F) Within sixty days after receiving a completed application	10188
for licensure as a basic life-support, intermediate life-support,	10189
advanced life-support, or mobile intensive care unit organization;	10190
an ambulette service; or an air medical service organization, the	10191
board shall approve or deny the application. The board shall deny	10192
an application if it determines that the applicant does not meet	10193
the requirements of this chapter or any rules adopted under it.	10194
The board shall send notice of the denial of an application by	10195
certified mail to the applicant. The applicant may request a	10196
hearing within ten days after receipt of the notice. If the board	10197
receives a timely request, it shall hold a hearing in accordance	10198
with Chapter 119. of the Revised Code.	10199

(G) If an applicant or licensee operates or plans to operate	10200
an organization in more than one location under the same or	10201
different identities, the applicant or licensee shall apply for	10202
and meet all requirements for licensure or renewal of a license,	10203
other than payment of a license fee or renewal fee, for operating	10204
the organization at each separate location. An applicant or	10205
licensee that operates or plans to operate under the same	10206
organization identity in separate locations shall pay only a	10207
single license fee.	10208

(H) An emergency medical service organization that wishes to	10209
provide ambulette services to the public must apply for a separate	10210
license under division (C) of this section.	10211

(I) Each license issued under this section and each permit	10212
issued under section 4766.07 of the Revised Code expires one year	10213
after the date of issuance and may be renewed in accordance with	10214
the standard renewal procedures of Chapter 4745. of the Revised	10215
Code. An application for renewal shall include the license or	10216
permit renewal fee established under section 4766.05 of the	10217
Revised Code. An applicant for renewal of a permit also shall	10218
submit to the board proof of an annual inspection of the vehicle	10219
or aircraft for which permit renewal is sought. The board shall	10220
renew a license if the applicant meets the requirements for	10221
licensure and shall renew a permit if the applicant and vehicle or	10222
aircraft meet the requirements to maintain a permit for that	10223
vehicle or aircraft.	10224

(J) Each licensee shall maintain accurate records of all	10225
service responses conducted. The records shall be maintained on	10226
forms prescribed by the board and shall contain information as	10227
specified by rule by the board.	10228

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	10229
fire, and transportation ~~board~~services shall establish by rule a	10230
license fee, a permit fee for each ambulance, ambulette,	10231
rotorcraft air ambulance, fixed wing air ambulance, and	10232
nontransport vehicle owned or leased by the licensee that is or	10233
will be used as provided in section 4766.07 of the Revised Code,	10234
and fees for renewals of licenses and permits, taking into	10235
consideration the actual costs incurred by the board in carrying	10236
out its duties under this chapter. However, the fee for each	10237
license and each renewal of a license shall not exceed one hundred	10238
dollars, and the fee for each permit and each renewal of a permit	10239
shall not exceed one hundred dollars for each ambulance,	10240
rotorcraft air ambulance, fixed wing air ambulance, and	10241
nontransport vehicle. The ~~fee for each permit and each renewal of~~	10242
~~a permit shall be twenty-five dollars for each ambulette for one~~	10243
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	10244
rule the fee, which shall not exceed fifty dollars, for each	10245
permit and each renewal of a permit for each ambulette. For	10246
purposes of establishing fees, "actual costs" includes the costs	10247
of salaries, expenses, inspection equipment, supervision, and	10248
program administration.	10249

(B) The board shall deposit all fees and other moneys	10250
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	10251
the Revised Code in the state treasury to the credit of the	10252
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	10253
services fund, which is created by section ~~4743.05~~4513.263 of the	10254
Revised Code. ~~All moneys from the fund shall be used solely for~~	10255
~~the salaries and expenses of the board incurred in implementing~~	10256
~~and enforcing this chapter.~~	10257

(C) The board, subject to the approval of the controlling	10258
board, may establish fees in excess of the maximum amounts allowed	10259
under division (A) of this section, but such fees shall not exceed	10260
those maximum amounts by more than fifty per cent.	10261

Sec. 4766.07. (A) Except as otherwise provided by rule of	10262
the ~~Ohio~~state board of emergency medical, fire, and	10263
transportation ~~board~~services, each emergency medical service	10264
organization, nonemergency medical service organization, and air	10265
medical service organization subject to licensure under this	10266
chapter shall possess a valid permit for each ambulance,	10267
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	10268
nontransport vehicle it owns or leases that is or will be used by	10269
the licensee to perform the services permitted by the license.	10270
Each licensee and license applicant shall submit the appropriate	10271
fee and an application for a permit for each ambulance, ambulette,	10272
rotorcraft air ambulance, fixed wing air ambulance, and	10273
nontransport vehicle to the ~~Ohio~~state board of emergency	10274
medical, fire, and transportation ~~board~~services on forms provided	10275
by the board. The application shall include documentation that the	10276
vehicle or aircraft meets the appropriate standards set by the	10277
board, that the vehicle or aircraft has been inspected pursuant to	10278
division (C) of this section, that the permit applicant maintains	10279
insurance as provided in section 4766.06 of the Revised Code, and	10280
that the vehicle or aircraft and permit applicant meet any other	10281
requirements established under rules adopted by the board.	10282

The ~~Ohio~~state board of emergency medical, fire, and	10283
transportation ~~board~~services may adopt rules in accordance with	10284
Chapter 119. of the Revised Code to authorize the temporary use of	10285
a vehicle or aircraft for which a permit is not possessed under	10286
this section in back-up or disaster situations.	10287

(B)(1) Within sixty days after receiving a completed	10288
application for a permit, the board shall issue or deny the	10289
permit. The board shall deny an application if it determines that	10290
the permit applicant, vehicle, or aircraft does not meet the	10291
requirements of this chapter and the rules adopted under it that	10292
apply to permits for ambulances, ambulettes, rotorcraft air	10293
ambulances, fixed wing air ambulances, and nontransport vehicles.	10294
The board shall send notice of the denial of an application by	10295
certified mail to the permit applicant. The permit applicant may	10296
request a hearing within ten days after receipt of the notice. If	10297
the board receives a timely request, it shall hold a hearing in	10298
accordance with Chapter 119. of the Revised Code.	10299

(2) If the board issues the vehicle permit for an ambulance,	10300
ambulette, or nontransport vehicle, it also shall issue a decal,	10301
in a form prescribed by rule, to be displayed on the rear window	10302
of the vehicle. The board shall not issue a decal until all of the	10303
requirements for licensure and permit issuance have been met.	10304

(3) If the board issues the aircraft permit for a rotorcraft	10305
air ambulance or fixed wing air ambulance, it also shall issue a	10306
decal, in a form prescribed by rule, to be displayed on the left	10307
fuselage aircraft window in a manner that complies with all	10308
applicable federal aviation regulations. The board shall not issue	10309
a decal until all of the requirements for licensure and permit	10310
issuance have been met.	10311

(C) In addition to any other requirements that the board	10312
establishes by rule, a licensee or license applicant applying for	10313
an initial vehicle or aircraft permit under division (A) of this	10314
section shall submit to the board the vehicle or aircraft for	10315
which the permit is sought. Thereafter, a licensee shall annually	10316
submit to the board each vehicle or aircraft for which a permit	10317
has been issued.	10318

(1) The board shall conduct a physical inspection of an	10319
ambulance, ambulette, or nontransport vehicle to determine its	10320
roadworthiness and compliance with standard motor vehicle	10321
requirements.	10322

(2) The board shall conduct a physical inspection of the	10323
medical equipment, communication system, and interior of an	10324
ambulance to determine the operational condition and safety of the	10325
equipment and the ambulance's interior and to determine whether	10326
the ambulance is in compliance with the federal requirements for	10327
ambulance construction that were in effect at the time the	10328
ambulance was manufactured, as specified by the general services	10329
administration in the various versions of its publication titled	10330
"federal specification for the star-of-life ambulance,	10331
KKK-A-1822."	10332

(3) The board shall conduct a physical inspection of the	10333
equipment, communication system, and interior of an ambulette to	10334
determine the operational condition and safety of the equipment	10335
and the ambulette's interior and to determine whether the	10336
ambulette is in compliance with state requirements for ambulette	10337
construction. The board shall determine by rule requirements for	10338
the equipment, communication system, interior, and construction of	10339
an ambulette.	10340

(4) The board shall conduct a physical inspection of the	10341
medical equipment, communication system, and interior of a	10342
rotorcraft air ambulance or fixed wing air ambulance to determine	10343
the operational condition and safety of the equipment and the	10344
aircraft's interior.	10345

(5) The board shall issue a certificate to the applicant for	10346
each vehicle or aircraft that passes the inspection and may assess	10347
a fee for each inspection, as established by the board.	10348

(6) The board shall adopt rules regarding the implementation	10349
and coordination of inspections. The rules may permit the board to	10350
contract with a third party to conduct the inspections required of	10351
the board under this section.	10352

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	10353
fire, and transportation ~~board may~~services, pursuant to an	10354
adjudication conducted in accordance with Chapter 119. of the	10355
Revised Code, may suspend or revoke any license or permit or	10356
renewal thereof issued under this chapter for any one or	10357
combination of the following causes:	10358

(1) Violation of this chapter or any rule adopted thereunder;

10359

(2) Refusal to permit the board to inspect a vehicle or	10360
aircraft used under the terms of a permit or to inspect the	10361
records or physical facilities of a licensee;	10362

(3) Failure to meet the ambulance, ambulette, rotorcraft air	10363
ambulance, fixed wing air ambulance, and nontransport vehicle	10364
requirements specified in this chapter or the rules adopted	10365
thereunder;	10366

(4) Violation of an order issued by the board;

10367

(5) Failure to comply with any of the terms of an agreement	10368
entered into with the board regarding the suspension or revocation	10369
of a license or permit or the imposition of a penalty under this	10370
section.	10371

(B) If the board determines that the records, record-keeping	10372
procedures, or physical facilities of a licensee, or an ambulance,	10373
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	10374
nontransport vehicle for which a valid permit has been issued, do	10375
not meet the standards specified in this chapter and the rules	10376
adopted thereunder, the board shall notify the licensee of any	10377
deficiencies within thirty days of finding the deficiencies. If	10378
the board determines that the deficiencies exist and they remain	10379
uncorrected after thirty days, the board may suspend the license,	10380
vehicle permit, or aircraft permit. The licensee, notwithstanding	10381
the suspension under this division, may operate until all appeals	10382
have been exhausted.	10383

(C) At the discretion of the board, a licensee whose license	10384
has been suspended or revoked under this section may be ineligible	10385
to be licensed under this chapter for a period of not more than	10386
three years from the date of the violation, provided that the	10387
board shall make no determination on a period of ineligibility	10388
until all the licensee's appeals relating to the suspension or	10389
revocation have been exhausted.	10390

(D) The board may, in addition to any other action taken	10391
under this section and after a hearing conducted pursuant to	10392
Chapter 119. of the Revised Code, impose a penalty of not more	10393
than fifteen hundred dollars for any violation specified in this	10394
section. The attorney general shall institute a civil action for	10395
the collection of any such penalty imposed.	10396

Sec. 4766.09. This chapter does not apply to any of the	10397
following:	10398

(A) A person rendering services with an ambulance in the	10399
event of a disaster situation when licensees' vehicles based in	10400
the locality of the disaster situation are incapacitated or	10401
insufficient in number to render the services needed;	10402

(B) Any person operating an ambulance, ambulette, rotorcraft	10403
air ambulance, or fixed wing air ambulance outside this state	10404
unless receiving a person within this state for transport to a	10405
location within this state;	10406

(C) A publicly owned or operated emergency medical service	10407
organization and the vehicles it owns or leases and operates,	10408
except as provided in section 307.051, division (G) of section	10409
307.055, division (F) of section 505.37, division (B) of section	10410
505.375, and division (B)(3) of section 505.72 of the Revised	10411
Code;	10412

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	10413
wing air ambulance, or nontransport vehicle owned or leased and	10414
operated by the federal government;	10415

(E) A publicly owned and operated fire department vehicle;

10416

(F) Emergency vehicles owned by a corporation and operating	10417
only on the corporation's premises, for the sole use by that	10418
corporation;	10419

(G) An ambulance, nontransport vehicle, or other emergency	10420
medical service organization vehicle owned and operated by a	10421
municipal corporation;	10422

(H) A motor vehicle titled in the name of a volunteer rescue	10423
service organization, as defined in section 4503.172 of the	10424
Revised Code;	10425

(I) A public emergency medical service organization;

10426

(J) A fire department, rescue squad, or life squad comprised	10427
of volunteers who provide services without expectation of	10428
remuneration and do not receive payment for services other than	10429
reimbursement for expenses;	10430

(K) A private, nonprofit emergency medical service	10431
organization when fifty per cent or more of its personnel are	10432
volunteers, as defined in section 4765.01 of the Revised Code;	10433

(L) Emergency medical service personnel who are regulated by	10434
the state board of emergency medical, fire, and transportation	10435
services under Chapter 4765. of the Revised Code;	10436

(M) Any of the following that operates a transit bus, as that	10437
term is defined in division (Q) of section 5735.01 of the Revised	10438
Code, unless the entity provides ambulette services that are	10439
reimbursed under the state medicaid plan:	10440

(1) A public nonemergency medical service organization;

10441

(2) An urban or rural public transit system;

10442

(3) A private nonprofit organization that receives grants	10443
under section 5501.07 of the Revised Code.	10444

(N)(1) An entity, to the extent it provides ambulette	10445
services, if the entity meets all of the following conditions:	10446

(a) The entity is certified by the department of aging or the	10447
department's designee in accordance with section 173.391 of the	10448
Revised Code or operates under a contract or grant agreement with	10449
the department or the department's designee in accordance with	10450
section 173.392 of the Revised Code.	10451

(b) The entity meets the requirements of section 4766.14 of	10452
the Revised Code.	10453

(c) The entity does not provide ambulette services that are	10454
reimbursed under the state medicaid plan.	10455

(2) A vehicle, to the extent it is used to provide ambulette	10456
services, if the vehicle meets both of the following conditions:	10457

(a) The vehicle is owned by an entity that meets the	10458
conditions specified in division (N)(1) of this section.	10459

(b) The vehicle does not provide ambulette services that are	10460
reimbursed under the state medicaid plan.	10461

(O) A vehicle that meets both of the following criteria,	10462
unless the vehicle provides services that are reimbursed under the	10463
state medicaid plan:	10464

(1) The vehicle was purchased with funds from a grant made by	10465
the United States secretary of transportation under 49 U.S.C.	10466
5310;	10467

(2) The department of transportation holds a lien on the	10468
vehicle.	10469

Sec. 4766.10. This chapter does not invalidate any ordinance	10470
or resolution adopted by a municipal corporation that establishes	10471
standards for the licensure of emergency medical service	10472
organizations as basic life-support, intermediate life-support, or	10473
advanced life-support service organizations that have their	10474
principal places of business located within the limits of the	10475
municipal corporation, as long as the licensure standards meet or	10476
exceed the standards established in this chapter and the rules	10477
adopted thereunder.	10478

Emergency medical service organizations licensed by a	10479
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	10480
state board of emergency medical, fire, and transportation ~~board~~	10481
services, but the fees they pay to the board for licenses,	10482
permits, and renewals thereof shall not exceed fifty per cent of	10483
the fee amounts established by the board pursuant to section	10484
4766.03 of the Revised Code. The board may choose to waive the	10485
vehicle inspection requirements and inspection fees, but not the	10486
permit fees, for the vehicles of organizations licensed by a	10487
municipal corporation.	10488

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	10489
fire, and transportation ~~board~~services may investigate alleged	10490
violations of this chapter or the rules adopted under it and may	10491
investigate any complaints received regarding alleged violations.	10492

In addition to any other remedies available and regardless of	10493
whether an adequate remedy at law exists, the board may apply to	10494
the court of common pleas in the county where a violation of any	10495
provision of this chapter or any rule adopted pursuant thereto is	10496
occurring for a temporary or permanent injunction restraining a	10497
person from continuing to commit that violation. On a showing that	10498
a person has committed a violation, the court shall grant the	10499
injunction.	10500

In conducting an investigation under this section, the board	10501
may issue subpoenas compelling the attendance and testimony of	10502
witnesses and the production of books, records, and other	10503
documents pertaining to the investigation. If a person fails to	10504
obey a subpoena from the board, the board may apply to the court	10505
of common pleas in the county where the investigation is being	10506
conducted for an order compelling the person to comply with the	10507
subpoena. On application by the board, the court shall compel	10508
obedience by attachment proceedings for contempt, as in the case	10509
of disobedience of the requirements of a subpoena from the court	10510
or a refusal to testify therein.	10511

(B) The ~~medical transportation~~ board may suspend a license	10512
issued under this chapter without a prior hearing if it determines	10513
that there is evidence that the license holder is subject to	10514
action under this section and that there is clear and convincing	10515
evidence that continued operation by the license holder presents a	10516
danger of immediate and serious harm to the public. The	10517
chairperson and executive director of the board shall make a	10518
preliminary determination and describe the evidence on which they	10519
made their determination to the board members. The board by	10520
resolution may designate another board member to act in place of	10521
the chairperson or another employee to act in place of the	10522
executive director in the event that the chairperson or executive	10523
director is unavailable or unable to act. Upon review of the	10524
allegations, the board, by the affirmative vote of ~~at least four~~a	10525
majority of its members, may suspend the license without a	10526
hearing.	10527

~~Any method of communication, including a telephone conference~~	10528
~~call, may be utilized for describing the evidence to the board~~	10529
~~members, for reviewing the allegations, and for voting on the~~	10530
~~suspension.~~	10531

Immediately following the decision by the board to suspend a	10532
license under this division, the board shall issue a written order	10533
of suspension and cause it to be delivered in accordance with	10534
section 119.07 of the Revised Code. If the license holder subject	10535
to the suspension requests an adjudication hearing by the board,	10536
the date set for the adjudication shall be within fifteen days but	10537
not earlier than seven days after the request unless another date	10538
is agreed to by the license holder and the board.	10539

Any summary suspension imposed under this division remains in	10540
effect, unless reversed by the board, until a final adjudicative	10541
order issued by the board pursuant to this section and Chapter	10542
119. of the Revised Code becomes effective. The board shall issue	10543
its final adjudicative order not less than ninety days after	10544
completion of its adjudication hearing. Failure to issue the order	10545
by that day shall cause the summary suspension order to end, but	10546
such failure shall not affect the validity of any subsequent final	10547
adjudication order.	10548

Sec. 4766.12. If a county, township, joint ambulance	10549
district, or joint emergency medical services district chooses to	10550
have the ~~Ohio~~state board of emergency medical, fire, and	10551
transportation ~~board~~services license its emergency medical	10552
service organizations and issue permits for its vehicles pursuant	10553
to this chapter, except as may be otherwise provided, all	10554
provisions of this chapter and all rules adopted by the board	10555
thereunder are fully applicable. However, a county, township,	10556
joint ambulance district, or joint emergency medical services	10557
district is not required to obtain any type of permit from the	10558
board for any of its nontransport vehicles.	10559

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	10560
fire, and transportation ~~board~~services, by endorsement, may	10561
license and issue vehicle permits to an emergency medical service	10562
organization or a nonemergency medical service organization that	10563
is regulated by another state. To qualify for a license and	10564
vehicle permits by endorsement, an organization must submit	10565
evidence satisfactory to the board that it has met standards in	10566
another state that are equal to or more stringent than the	10567
standards established by this chapter and the rules adopted under	10568
it.	10569

Sec. 4766.15. (A) An applicant for employment as an	10570
ambulette driver with an organization licensed pursuant to this	10571
chapter shall submit proof to the organization of, or give consent	10572
to the employer to obtain, all of the following:	10573

(1)(a) A valid driver's license issued pursuant to Chapter	10574
4506. or 4507. of the Revised Code, or its equivalent, if the	10575
applicant is a resident of another state;	10576

(b) A recent certified abstract of the applicant's record of	10577
convictions for violations of motor vehicle laws provided by the	10578
registrar of motor vehicles pursuant to section 4509.05 of the	10579
Revised Code, or its equivalent, if the applicant is a resident of	10580
another state.	10581

(2)(a) A certificate of completion of a course in first aid	10582
techniques offered by the American red cross or an equivalent	10583
organization;	10584

(b) A certificate of completion of a course in	10585
cardiopulmonary resuscitation, or its equivalent, offered by an	10586
organization approved by the ~~Ohio~~state board of emergency	10587
medical, fire, and transportation ~~board~~services.	10588

(3) The result of a chemical test or tests of the applicant's	10589
blood, breath, or urine conducted at a hospital or other	10590
institution approved by the board for the purpose of determining	10591
the alcohol, drug of abuse, controlled substance, or metabolite of	10592
a controlled substance content of the applicant's whole blood,	10593
blood serum or plasma, breath, or urine;	10594

(4) The result of a criminal records check conducted by the	10595
bureau of criminal identification and investigation.	10596

(B) An organization may employ an applicant on a temporary	10597
provisional basis pending the completion of all of the	10598
requirements of this section. The length of the provisional period	10599
shall be determined by the board.	10600

(C) An organization licensed pursuant to this chapter shall	10601
use information received pursuant to this section to determine in	10602
accordance with rules adopted by the ~~Ohio~~state board of emergency	10603
medical, fire, and transportation ~~board~~services under section	10604
4766.03 of the Revised Code whether an applicant is disqualified	10605
for employment.	10606

No applicant shall be accepted for permanent employment as an	10607
ambulette driver by an organization licensed pursuant to this	10608
chapter until all of the requirements of division (A) of this	10609
section have been met.	10610

Sec. 4766.22. (A) Not later than forty-five days after the	10611
end of each fiscal year, the ~~Ohio~~state board of emergency	10612
medical, fire, and transportation ~~board~~services shall submit a	10613
report to the governor and general assembly that provides all of	10614
the following information for that fiscal year:	10615

(1) The number of each of the following the board issued:

10616

(a) Basic life-support organization licenses;

10617

(b) Intermediate life-support organization licenses;

10618

10619

(d) Mobile intensive care unit organization licenses;

10620

(e) Ambulette service licenses;

10621

(f) Air medical service organization licenses;

10622

(g) Ambulance permits;

10623

(h) Nontransport vehicle permits;

10624

(i) Ambulette vehicle permits;

10625

(j) Rotorcraft air ambulance permits;

10626

(k) Fixed wing air ambulance permits.

10627

(2) The amount of fees the board collected for issuing and	10628
renewing each type of license and permit specified in division	10629
(A)(1) of this section;	10630

(3) The number of inspections the board or a third party on	10631
the board's behalf conducted in connection with each type of	10632
license and permit specified in division (A)(1) of this section	10633
and the amount of fees the board collected for the inspections;	10634

(4) The number of complaints that were submitted to the	10635
board;	10636

(5) The number of investigations the board conducted under	10637
section 4766.11 of the Revised Code;	10638

(6) The number of adjudication hearings the board held and	10639
the outcomes of the adjudications;	10640

(7) The amount of penalties the board imposed and collected	10641
under section 4766.08 of the Revised Code;	10642

(8) Other information the board determines reflects the	10643
board's operations.	10644

(B) The board shall post the annual report required by this	10645
section on its web site and make it available to the public on	10646
request.	10647

Sec. 5501.03. (A) The department of transportation shall:

10648

(1) Exercise and perform such other duties, powers, and	10649
functions as are conferred by law on the director, the department,	10650
the assistant directors, the deputy directors, or on the divisions	10651
of the department;	10652

(2) Coordinate and develop, in cooperation with local,	10653
regional, state, and federal planning agencies and authorities,	10654
comprehensive and balanced state policy and planning to meet	10655
present and future needs for adequate transportation facilities in	10656
this state, including recommendations for adequate funding of the	10657
implementation of such planning;	10658

(3) Coordinate its activities with those of other appropriate	10659
state departments, public agencies, and authorities, and enter	10660
into any contracts with such departments, agencies, and	10661
authorities as may be necessary to carry out its duties, powers,	10662
and functions;	10663

(4) Cooperate with and assist the public utilities commission	10664
in the commission's administration of sections 4907.47 to 4907.476	10665
of the Revised Code, particularly with respect to the federal	10666
highway administration;	10667

(5) Cooperate with and assist the Ohio power siting board in	10668
the board's administration of Chapter 4906. of the Revised Code;	10669

(6) Give particular consideration to the development of	10670
policy and planning for public transportation facilities, and to	10671
the coordination of associated activities relating thereto, as	10672
prescribed under divisions (A)(2) and (3) of this section;	10673

(7) Conduct, in cooperation with the Ohio legislative service	10674
commission, any studies or comparisons of state traffic laws and	10675
local traffic ordinances with model laws and ordinances that may	10676
be required to meet program standards adopted by the United States	10677
department of transportation pursuant to the "Highway Safety Act	10678
of 1966," 80 Stat. 731, U.S.C.A. 401;	10679

(8) Prepare, print, distribute, and advertise books, maps,	10680
pamphlets, and other information that, in the judgment of the	10681
director, will inform the public and other governmental	10682
departments, agencies, and authorities as to the duties, powers,	10683
and functions of the department;	10684

(9) In its research and development program, consider	10685
technologies for improving safety, mobility, aviation and aviation	10686
education, transportation facilities, roadways, including	10687
construction techniques and materials to prolong project life,	10688
being used or developed by other states that have geographic,	10689
geologic, or climatic features similar to this state's, and	10690
collaborate with those states in that development.	10691

(B) Nothing contained in ~~division (A)(1) of~~ this section	10692
shall be held to in any manner affect, limit, restrict, or	10693
otherwise interfere with the exercise of powers relating to	10694
transportation facilities by appropriate agencies of the federal	10695
government, or by counties, municipal corporations, or other	10696
political subdivisions or special districts in this state	10697
authorized by law to exercise such powers.	10698

(C) The department may use all appropriate sources of revenue	10699
to assist in the development and implementation of rail service as	10700
defined by division (C) of section 4981.01 of the Revised Code.	10701

(D) The director of transportation may enter into contracts	10702
with public agencies including political subdivisions, other state	10703
agencies, boards, commissions, regional transit authorities,	10704
county transit boards, and port authorities, to administer the	10705
design, qualification of bidders, competitive bid letting,	10706
construction inspection, research, and acceptance of any projects	10707
or transportation facilities administered by the department,	10708
provided the administration of such projects or transportation	10709
facilities is performed in accordance with all applicable state	10710
and federal laws and regulations with oversight by the department.	10711

Sec. 5501.17. The director of transportation may employ such	10712
assistants as are necessary to prepare plans and surveys.	10713
Compensation paid for the preparation of plans, surveys, and	10714
specifications shall be regarded as a part of the cost and expense	10715
of the improvement for which they were made and shall be paid from	10716
funds set aside for the improvement.	10717

The director may appoint additional clerks and stenographers,	10718
and such other engineers, inspectors, technicians, and other	10719
employees as are necessary to carry out Chapters 4561., 5501.,	10720
5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523.,	10721
5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised	10722
Code. All such technicians employed under the authority of this	10723
section shall be eligible to receive pay during periods of on the	10724
job training or while attending special training schools conducted	10725
by the department of transportation. Such employees and	10726
appointees, in addition to their salaries, shall receive their	10727
actual necessary traveling expenses when on official business.	10728

The director may contract with regional, county, or municipal	10729
planning commissions or county engineers having adequate staffs,	10730
and with planning agencies of adjacent states, for the preparation	10731
of comprehensive transportation and land use studies and major	10732
thoroughfare reports, or parts thereof, and pay the commissions,	10733
county engineers, or planning agencies of adjacent states for such	10734
work from funds available to the department.	10735

Sec. 5501.31. The director of transportation shall have	10736
general supervision of all roads comprising the state highway	10737
system. The director may alter, widen, straighten, realign,	10738
relocate, establish, construct, reconstruct, improve, maintain,	10739
repair, and preserve any road or highway on the state highway	10740
system, and, in connection therewith, relocate, alter, widen,	10741
deepen, clean out, or straighten the channel of any watercourse as	10742
the director considers necessary, and purchase or appropriate	10743
property for the disposal of surplus materials or borrow pits,	10744
and, where an established road has been relocated, establish,	10745
construct, and maintain such connecting roads between the old and	10746
new location as will provide reasonable access thereto.	10747

The director may purchase or appropriate property necessary	10748
for the location or construction of any culvert, bridge, or	10749
viaduct, or the approaches thereto, including any property needed	10750
to extend, widen, or alter any feeder or outlet road, street, or	10751
way adjacent to or under the bridge or viaduct when the extension,	10752
widening, or alteration of the feeder road, street, or way is	10753
necessary for the full utilization of the bridge or viaduct, or	10754
for any other highway improvement. The director may purchase or	10755
appropriate, for such length of time as is necessary and	10756
desirable, any additional property required for the construction	10757
and maintenance of slopes, detour roads, sewers, roadside parks,	10758
rest areas, recreational park areas, park and ride facilities, and	10759
park and carpool or vanpool facilities, scenic view areas,	10760
drainage systems, or land to replace wetlands, incident to any	10761
highway improvement, that the director is or may be authorized to	10762
locate or construct. Also incident to any authorized highway	10763
improvement, the director may purchase property from a willing	10764
seller as required for the construction and maintenance of	10765
bikeways and bicycle paths or to replace, preserve, or conserve	10766
any environmental resource if the replacement, preservation, or	10767
conservation is required by state or federal law.	10768

Title to property purchased or appropriated by the director	10769
shall be taken in the name of the state either in fee simple or in	10770
any lesser estate or interest that the director considers	10771
necessary or proper, in accordance with forms to be prescribed by	10772
the attorney general. The deed shall contain a description of the	10773
property and be recorded in the county where the property is	10774
situated and, when recorded, shall be kept on file in the	10775
department of transportation. The property may be described by	10776
metes and bounds or by the department of transportation parcel	10777
number as shown on a right of way plan recorded in the county	10778
where the property is located.	10779

Provided that when property, other than property used by a	10780
railroad for operating purposes, is acquired in connection with	10781
improvements involving projects affecting railroads wherein the	10782
department is obligated to acquire property under grade separation	10783
statutes, or on other improvements wherein the department is	10784
obligated to acquire lands under agreements with railroads, or	10785
with a public utility, political subdivision, public corporation,	10786
or private corporation owning transportation facilities for the	10787
readjustment, relocation, or improvement of their facilities, a	10788
fee simple title or an easement may be acquired by purchase or	10789
appropriation in the name of the railroad, public utility,	10790
political subdivision, public corporation, or private corporation	10791
in the discretion of the director. When the title to lands, which	10792
are required to adjust, relocate, or improve such facilities	10793
pursuant to agreements with the director, is taken in the name of	10794
the state, then, in the discretion of the director, the title to	10795
such lands may be conveyed to the railroad, public utility,	10796
political subdivision, or public corporation for which they were	10797
acquired. The conveyance shall be prepared by the attorney general	10798
and executed by the governor and bear the great seal of the state	10799
of Ohio.	10800

The director, in the maintenance or repair of state highways,	10801
is not limited to the use of the materials with which the	10802
highways, including the bridges and culverts thereon, were	10803
originally constructed, but may use any material that is proper or	10804
suitable. The director may aid any board of county commissioners	10805
in establishing, creating, and repairing suitable systems of	10806
drainage for all highways within the jurisdiction or control of	10807
the board and advise with it as to the establishment,	10808
construction, improvement, maintenance, and repair of the	10809
highways.	10810

Chapters 4561., 5501., 5503., 5511., 5513., 5515., 5516.,	10811
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,	10812
5533., and 5535. of the Revised Code do not prohibit the federal	10813
government, any government agency, or any individual or	10814
corporation, from contributing a portion of the cost of the	10815
establishment, construction, reconstruction, relocating, widening,	10816
resurfacing, maintenance, and repair of the highways or	10817
transportation facilities.	10818

Except in the case of maintaining, repairing, erecting	10819
traffic signs on, or pavement marking of state highways within	10820
villages, which is mandatory as required by section 5521.01 of the	10821
Revised Code, and except as provided in section 5501.49 of the	10822
Revised Code, no duty of constructing, reconstructing, widening,	10823
resurfacing, maintaining, or repairing state highways within	10824
municipal corporations, or the culverts thereon, shall attach to	10825
or rest upon the director, but the director may construct,	10826
reconstruct, widen, resurface, maintain, and repair the same with	10827
or without the cooperation of any municipal corporation, or with	10828
or without the cooperation of boards of county commissioners upon	10829
each municipal corporation consenting thereto.	10830

Sec. 5501.73. (A) After selecting a solicited or unsolicited	10831
proposal for a public-private initiative, the department of	10832
transportation shall enter into a public-private agreement for a	10833
transportation facility with the selected private entity or any	10834
configuration of private entities. An affected jurisdiction may be	10835
a party to a public-private agreement entered into by the	10836
department and a selected private entity or combination of private	10837
entities.	10838

(B) A public-private agreement under this section shall	10839
provide for all of the following:	10840

(1) Planning, acquisition, financing, development, design,	10841
construction, reconstruction, replacement, improvement,	10842
maintenance, management, repair, leasing, or operation of a	10843
transportation facility;	10844

(2) Term of the public-private agreement;

10845

(3) Type of property interest, if any, the private entity	10846
will have in the transportation facility;	10847

(4) A specific plan to ensure proper maintenance of the	10848
transportation facility throughout the term of the agreement and a	10849
return of the facility to the department, if applicable, in good	10850
condition and repair;	10851

(5) Whether user fees will be collected on the transportation	10852
facility and the basis by which such user fees shall be determined	10853
and modified;	10854

(6) Compliance with applicable federal, state, and local	10855
laws;	10856

(7) Grounds for termination of the public-private agreement	10857
by the department or operator;	10858

(8) Disposition of the facility upon completion of the	10859
agreement;	10860

(9) Procedures for amendment of the agreement.

10861

(C) A public-private agreement under this section may provide	10862
for any of the following:	10863

(1) Review and approval by the department of the operator's	10864
plans for the development and operation of the transportation	10865
facility;	10866

(2) Inspection by the department of construction of or	10867
improvements to the transportation facility;	10868

(3) Maintenance by the operator of a policy of liability	10869
insurance or self-insurance;	10870

(4) Filing by the operator, on a periodic basis, of	10871
appropriate financial statements in a form acceptable to the	10872
department;	10873

(5) Filing by the operator, on a periodic basis, of traffic	10874
reports in a form acceptable to the department;	10875

(6) Financing obligations of the operator and the department;

10876

(7) Apportionment of expenses between the operator and the	10877
department;	10878

(8) Rights and duties of the operator, the department, and	10879
other state and local governmental entities with respect to use of	10880
the transportation facility;	10881

(9) Rights and remedies available in the event of default or	10882
delay;	10883

(10) Terms and conditions of indemnification of the operator	10884
by the department;	10885

(11) Assignment, subcontracting, or other delegation of	10886
responsibilities of the operator or the department under the	10887
agreement to third parties, including other private entities and	10888
other state agencies;	10889

(12) Sale or lease to the operator of private property	10890
related to the transportation facility;	10891

(13) Traffic enforcement and other policing issues, including	10892
any reimbursement by the private entity for such services.	10893

(D)(1) The director of transportation may include in any	10894
public-private agreement under sections 5501.70 to 5501.83 of the	10895
Revised Code a provision authorizing a binding dispute resolution	10896
method for any controversy subsequently arising out of the	10897
contract. The binding dispute resolution method may proceed only	10898
upon agreement of all parties to the controversy. If all parties	10899
do not agree to proceed to a binding dispute resolution, a party	10900
having a claim against the department shall exhaust its	10901
administrative remedies specified in the public-private agreement	10902
prior to filing any action against the department in the court of	10903
claims.	10904

No appeal from the determination of a technical expert lies	10905
to any court, except that the court of common pleas of Franklin	10906
County may issue an order vacating such a determination upon the	10907
application of any party to the binding dispute resolution if any	10908
of the following applies:	10909

(a) The determination was procured by corruption, fraud, or	10910
undue means.	10911

(b) There was evidence of partiality or corruption on the	10912
part of the technical expert.	10913

(c) The technical expert was guilty of misconduct in refusing	10914
to postpone the hearing, upon sufficient cause shown, or in	10915
refusing to hear evidence pertinent and material to the	10916
controversy, or of any other misbehavior by which the rights of	10917
any party have been prejudiced.	10918

(2) As used in this division, "binding dispute resolution"	10919
means a binding determination after review by a technical expert	10920
of all relevant items, which may include documents, and by	10921
interviewing appropriate personnel and visiting the project site	10922
involved in the controversy. "Binding dispute resolution" does not	10923
involve representation by legal counsel or advocacy by any person	10924
on behalf of any party to the controversy.	10925

(E) No public-private agreement entered into under this	10926
section shall be construed to transfer to a private entity the	10927
director's authority to appropriate property under Chapters 163.,	10928
5501., and 5519. of the Revised Code.	10929

Sec. 5501.77. (A) For the purposes of carrying out sections	10930
5501.70 to 5501.83 of the Revised Code, the department of	10931
transportation may do all of the following:	10932

(1) Accept, subject to applicable terms and conditions,	10933
available funds from the United States or any of its agencies,	10934
whether the funds are made available by grant, loan, or other	10935
financial assistance;	10936

(2) Enter into agreements or other arrangements with the	10937
United States or any of its agencies as may be necessary;	10938

(3) For the purpose of completing a transportation facility	10939
under an agreement, accept from any source any grant, donation,	10940
gift, or other form of conveyance of land, money, other real or	10941
personal property, or other item of value made to the state or the	10942
department.	10943

(B) Any transportation facility may be financed in whole or	10944
in part by contribution of any funds or property made by any	10945
private entity or affected jurisdiction that is party to a	10946
public-private agreement under sections 5501.70 to 5501.83 of the	10947
Revised Code.	10948

(C) The department may use federal, state, local, and private	10949
funds to finance a transportation facility under sections 5501.70	10950
to 5501.83 of the Revised Code and shall comply with any	10951
requirements and restrictions governing the use of the funds,	10952
including maintaining the funds separately when necessary.	10953

(D) The director of transportation, in accordance with	10954
Chapter 119. of the Revised Code, may adopt such rules as the	10955
director considers advisable for the control and regulation of	10956
traffic on any transportation facility subject to a public-private	10957
agreement, for the protection and preservation of the	10958
transportation facility, for the maintenance and preservation of	10959
good order within the transportation facility, and for the purpose	10960
of establishing vehicle owner or operator liability for avoidance	10961
of user fees. The rules shall provide that public police officers	10962
shall be afforded ready access, while in the performance of their	10963
official duties, to the transportation facility without the	10964
payment of user fees.	10965

(1) No person shall violate any rules of the department of	10966
transportation adopted under this division.	10967

(2)(a) All fines collected for the violation of applicable	10968
laws of the state and the rules of the department of	10969
transportation or money arising from bonds forfeited for such	10970
violation shall be disposed of in accordance with section 5503.04	10971
of the Revised Code.	10972

(b) All fees or charges assessed by the department of	10973
transportation or a public-private operator in accordance with	10974
this section against an owner or operator of a vehicle as a civil	10975
violation for failure to comply with toll collection rules shall	10976
be revenues of the department or public-private operator as set	10977
forth in the public-private agreement.	10978

(E)(1) Except as provided in division (E)(2) of this section,	10979
whoever violates division (D)(1) of this section is guilty of a	10980
minor misdemeanor on a first offense; on each subsequent offense	10981
such person is guilty of a misdemeanor of the fourth degree.	10982

(2) Whoever violates division (D)(1) of this section when the	10983
violation is a civil violation for failure to comply with toll	10984
collection rules is subject to a fee or charge established by the	10985
department by rule.	10986

Sec. 5502.01. (A) The department of public safety shall	10987
administer and enforce the laws relating to the registration,	10988
licensing, sale, and operation of motor vehicles and the laws	10989
pertaining to the licensing of drivers of motor vehicles.	10990

The department shall compile, analyze, and publish statistics	10991
relative to motor vehicle accidents and the causes of them,	10992
prepare and conduct educational programs for the purpose of	10993
promoting safety in the operation of motor vehicles on the	10994
highways, and conduct research and studies for the purpose of	10995
promoting safety on the highways of this state.	10996

(B) The department shall administer the laws and rules	10997
relative to trauma and emergency medical services specified in	10998
Chapter 4765. of the Revised Code and any laws and rules relative	10999
to medical transportation services specified in Chapter 4766. of	11000
the Revised Code.	11001

(C) The department shall administer and enforce the laws	11002
contained in Chapters 4301. and 4303. of the Revised Code and	11003
enforce the rules and orders of the liquor control commission	11004
pertaining to retail liquor permit holders.	11005

(D) The department shall administer the laws governing the	11006
state emergency management agency and shall enforce all additional	11007
duties and responsibilities as prescribed in the Revised Code	11008
related to emergency management services.	11009

(E) The department shall conduct investigations pursuant to	11010
Chapter 5101. of the Revised Code in support of the duty of the	11011
department of job and family services to administer the	11012
supplemental nutrition assistance program throughout this state.	11013
The department of public safety shall conduct investigations	11014
necessary to protect the state's property rights and interests in	11015
the supplemental nutrition assistance program.	11016

(F) The department of public safety shall enforce compliance	11017
with orders and rules of the public utilities commission and	11018
applicable laws in accordance with Chapters 4905., 4921., and	11019
4923. of the Revised Code regarding commercial motor vehicle	11020
transportation safety, economic, and hazardous materials	11021
requirements.	11022

(G) Notwithstanding Chapter 4117. of the Revised Code, the	11023
department of public safety may establish requirements for its	11024
enforcement personnel, including its enforcement agents described	11025
in section 5502.14 of the Revised Code, that include standards of	11026
conduct, work rules and procedures, and criteria for eligibility	11027
as law enforcement personnel.	11028

(H) The department shall administer, maintain, and operate	11029
the Ohio criminal justice network. The Ohio criminal justice	11030
network shall be a computer network that supports state and local	11031
criminal justice activities. The network shall be an electronic	11032
repository for various data, which may include arrest warrants,	11033
notices of persons wanted by law enforcement agencies, criminal	11034
records, prison inmate records, stolen vehicle records, vehicle	11035
operator's licenses, and vehicle registrations and titles.	11036

(I) The department shall coordinate all homeland security	11037
activities of all state agencies and shall be a liaison between	11038
state agencies and local entities for those activities and related	11039
purposes.	11040

(J) Beginning July 1, 2004, the department shall administer	11041
and enforce the laws relative to private investigators and	11042
security service providers specified in Chapter 4749. of the	11043
Revised Code.	11044

(K) The department shall administer criminal justice services	11045
in accordance with sections 5502.61 to 5502.66 of the Revised	11046
Code.	11047

Sec. 5503.01. There is hereby created in the department of	11048
public safety a division of state highway patrol which shall be	11049
administered by a superintendent of the state highway patrol.	11050

The superintendent shall be appointed by the director of	11051
public safety, and shall serve at the director's pleasure. The	11052
superintendent shall hold the rank of colonel and be appointed	11053
from within the eligible ranks of the patrol. The superintendent	11054
shall give bond for the faithful performance of the	11055
superintendent's official duties in such amount and with such	11056
security as the director approves.	11057

The superintendent, with the approval of the director, may	11058
appoint any number of state highway patrol troopers and radio	11059
operators as are necessary to carry out sections 5503.01 to	11060
5503.06 of the Revised Code, but the number of troopers shall not	11061
be less than eight hundred eighty. The number of radio operators	11062
shall not exceed eighty in number. Except as provided in this	11063
section, at the time of appointment, troopers shall be not less	11064
than twenty-one years of age, nor have reached thirty-five years	11065
of age. A person who is attending a training school for	11066
prospective state highway patrol troopers established under	11067
section 5503.05 of the Revised Code and attains the age of	11068
thirty-five years during the person's period of attendance at that	11069
training school shall not be disqualified as over age and shall be	11070
permitted to continue to attend the training school as long as the	11071
person otherwise is eligible to do so. Such a person also remains	11072
eligible to be appointed a trooper. Any other person who attains	11073
or will attain the age of thirty-five years prior to the time of	11074
appointment shall be disqualified as over age.	11075

At the time of appointment, troopers shall have been legal	11076
residents of Ohio for at least one year, except that this	11077
residence requirement may be waived by the superintendent.	11078

If any state highway patrol troopers become disabled through	11079
accident or illness, the superintendent, with the approval of the	11080
director, shall fill any vacancies through the appointment of	11081
other troopers from a qualified list to serve during the period of	11082
the disability.	11083

The superintendent and state highway patrol troopers shall be	11084
vested with the authority of peace officers for the purpose of	11085
enforcing the laws of the state that it is the duty of the patrol	11086
to enforce and may arrest, without warrant, any person who, in the	11087
presence of the superintendent or any trooper, is engaged in the	11088
violation of any such laws. The state highway patrol troopers	11089
shall never be used as peace officers in connection with any	11090
strike or labor dispute.	11091

Each state highway patrol trooper and radio operator, upon	11092
appointment and before entering upon official duties, shall take	11093
an oath of office for faithful performance of the trooper's or	11094
radio operator's official duties and execute a bond in the sum of	11095
twenty-five hundred dollars, payable to the state and for the use	11096
and benefit of any aggrieved party who may have a cause of action	11097
against any trooper or radio operator for misconduct while in the	11098
performance of official duties. In no event shall the bond include	11099
any claim arising out of negligent operation of a motorcycle or	11100
motor vehicle used by a trooper or radio operator in the	11101
performance of official duties.	11102

The superintendent shall prescribe a distinguishing uniform	11103
and badge which shall be worn by each state highway patrol trooper	11104
and radio operator while on duty, unless otherwise designated by	11105
the superintendent. No person shall wear the distinguishing	11106
uniform of the state highway patrol or the badge or any	11107
distinctive part of that uniform, except on order of the	11108
superintendent.	11109

The superintendent, with the approval of the director, may	11110
appoint necessary clerks, stenographers, and employees.	11111

Sec. 5503.03. The state highway patrol and the	11112
superintendent of the state highway patrol shall be furnished by	11113
the state with such vehicles, equipment, and supplies as the	11114
director of public safety deems necessary, all of which shall	11115
remain the property of the state and be strictly accounted for by	11116
each member of the patrol.	11117

The patrol may be equipped with standardized and tested	11118
devices for weighing vehicles, and may stop and weigh any vehicle	11119
which appears to weigh in excess of the amounts permitted by	11120
sections 5577.01 to 5577.14 of the Revised Code.	11121

The superintendent, with the approval of the director, shall	11122
prescribe rules for instruction and discipline, make all	11123
administrative rules, and fix the hours of duty for patrol	11124
officers. HeThe superintendent shall divide the state into	11125
districts and assign members of the patrol to such districts in a	11126
manner that hethe superintendent deems proper. HeThe	11127
superintendent may transfer members of the patrol from one	11128
district to another, ~~and classify~~ and rank members of the patrol.	11129
All ranks below the level of superintendent shall be classified.	11130
All promotions to a higher grade shall be made from the next lower	11131
grade. When a patrol officer is promoted by the superintendent,	11132
the officer's salary shall be increased to that of the lowest step	11133
in the pay range for the new grade which shall increase the	11134
officer's salary or wage by at least nine per cent of the base pay	11135
wherever possible.	11136

Sec. 5503.04. Forty-five per cent of the fines collected	11137
from or moneys arising from bail forfeited by persons apprehended	11138
or arrested by state highway patrol troopers shall be paid into	11139
the state treasury to be credited to the general revenue fund,	11140
five per cent shall be paid into the state treasury to be credited	11141
to the trauma and emergency medical services fund created by	11142
section 4513.263 of the Revised Code, and fifty per cent shall be	11143
paid into the treasury of the municipal corporation where the case	11144
is prosecuted, if in a mayor's court. If the prosecution is in a	11145
trial court outside a municipal corporation, or outside the	11146
territorial jurisdiction of a municipal court, the fifty per cent	11147
of the fines and moneys that is not paid into the state treasury	11148
shall be paid into the treasury of the county where the case is	11149
prosecuted. The fines and moneys paid into a county treasury and	11150
the fines and moneys paid into the treasury of a municipal	11151
corporation shall be deposited one-half to the same fund and	11152
expended in the same manner as is the revenue received from the	11153
registration of motor vehicles, and one-half to the general fund	11154
of such county or municipal corporation.	11155

If the prosecution is in a municipal court, forty-five per	11156
cent of the fines and moneys shall be paid into the state treasury	11157
to be credited to the general revenue fund, five per cent shall be	11158
paid into the state treasury to be credited to the trauma and	11159
emergency medical services ~~grants~~ fund created by division (E) of	11160
section 4513.263 of the Revised Code, ten per cent shall be paid	11161
into the county treasury to be credited to the general fund of the	11162
county, and forty per cent shall be paid into the municipal	11163
treasury to be credited to the general fund of the municipal	11164
corporation. In the Auglaize county, Clermont county, Crawford	11165
county, Hocking county, Jackson county, Lawrence county, Madison	11166
county, Miami county, Ottawa county, Portage county, and Wayne	11167
county municipal courts, that portion of money otherwise paid into	11168
the municipal treasury shall be paid into the county treasury.	11169

The trial court shall make remittance of the fines and moneys	11170
as prescribed in this section, and at the same time as the	11171
remittance is made of the state's portion to the state treasury,	11172
the trial court shall notify the superintendent of the state	11173
highway patrol of the case and the amount covered by the	11174
remittance.	11175

This section does not apply to fines for violations of	11176
division (B) of section 4513.263 of the Revised Code, or for	11177
violations of any municipal ordinance that is substantively	11178
comparable to that division, all of which shall be delivered to	11179
the treasurer of state as provided in division (E) of section	11180
4513.263 of the Revised Code.	11181

Sec. 5503.31. The state highway patrol shall have the same	11182
authority as is conferred upon it by section 5503.02 of the	11183
Revised Code with respect to the enforcement of state laws on	11184
other roads and highways and on other state properties, to enforce	11185
on all turnpike projects the laws of the state and the bylaws,	11186
rules, and regulations of the Ohio turnpike and infrastructure	11187
commission. The patrol, the superintendent of the patrol, and all	11188
state highway patrol troopers shall have the same authority to	11189
make arrests on all turnpike projects for violations of state laws	11190
and of bylaws, rules, and regulations of the Ohio turnpike and	11191
infrastructure commission as is conferred upon them by section	11192
5503.02 of the Revised Code to make arrests on, and in connection	11193
with offenses committed on, other roads and highways and on other	11194
state properties.	11195

Sec. 5503.32. The director of public safety may from time to	11196
time enter into contracts with the Ohio turnpike and	11197
infrastructure commission with respect to the policing of turnpike	11198
projects by the state highway patrol. The contracts shall provide	11199
for the reimbursement of the state by the commission for the costs	11200
incurred by the patrol in policing turnpike projects, including,	11201
but not limited to, the salaries of employees of the patrol	11202
assigned to the policing, the current costs of funding retirement	11203
pensions for the employees of the patrol and of providing workers'	11204
compensation for them, the cost of training state highway patrol	11205
troopers and radio operators assigned to turnpike projects, and	11206
the cost of equipment and supplies used by the patrol in such	11207
policing, and of housing for such troopers and radio operators, to	11208
the extent that the equipment, supplies, and housing are not	11209
directly furnished by the commission. Each contract may provide	11210
for the ascertainment of such costs, and shall be of any duration,	11211
not in excess of five years, and may contain any other terms, that	11212
the director and the commission may agree upon. The patrol shall	11213
not be obligated to furnish policing services on any turnpike	11214
project beyond the extent required by the contract. All payments	11215
pursuant to any contract in reimbursement of the costs of the	11216
policing shall be deposited in the state treasury to the credit of	11217
the turnpike policing fund, which is hereby created. All	11218
investment earnings of the fund shall be credited to the fund.	11219

Sec. 5513.01. (A) All purchases of machinery, materials,	11220
supplies, or other articles that the director of transportation	11221
makes shall be in the manner provided in this section. In all	11222
cases except those in which the director provides written	11223
authorization for purchases by district deputy directors of	11224
transportation, all such purchases shall be made at the central	11225
office of the department of transportation in Columbus. Before	11226
making any purchase at that office, the director, as provided in	11227
this section, shall give notice to bidders of the director's	11228
intention to purchase. Where the expenditure does not exceed the	11229
amount applicable to the purchase of supplies specified in	11230
division (B) of section 125.05 of the Revised Code, as adjusted	11231
pursuant to division (D) of that section, the director shall give	11232
such notice as the director considers proper, or the director may	11233
make the purchase without notice. Where the expenditure exceeds	11234
the amount applicable to the purchase of supplies specified in	11235
division (B) of section 125.05 of the Revised Code, as adjusted	11236
pursuant to division (D) of that section, the director shall give	11237
notice by posting for not less than ten days a written, typed, or	11238
printed invitation to bidders on a bulletin board, which shall be	11239
located in a place in the offices assigned to the department and	11240
open to the public during business hours. Producers or	11241
distributors of any product may notify the director, in writing,	11242
of the class of articles for the furnishing of which they desire	11243
to bid and their post-office addresses, in which case copies of	11244
all invitations to bidders relating to the purchase of such	11245
articles shall be mailed to such persons by the director by	11246
regular first class mail at least ten days prior to the time fixed	11247
for taking bids. The director also may mail copies of all	11248
invitations to bidders to news agencies or other agencies or	11249
organizations distributing information of this character. Requests	11250
for invitations shall not be valid nor require action by the	11251
director unless renewed, either annually or after such shorter	11252
period as the director may prescribe by a general rule. The	11253
invitation to bidders shall contain a brief statement of the	11254
general character of the article that it is intended to purchase,	11255
the approximate quantity desired, and a statement of the time and	11256
place where bids will be received, and may relate to and describe	11257
as many different articles as the director thinks proper, it being	11258
the intent and purpose of this section to authorize the inclusion	11259
in a single invitation of as many different articles as the	11260
director desires to invite bids upon at any given time.	11261
Invitations issued during each calendar year shall be given	11262
consecutive numbers, and the number assigned to each invitation	11263
shall appear on all copies thereof. In all cases where notice is	11264
required by this section, sealed bids shall be taken, on forms	11265
prescribed and furnished by the director, and modification of bids	11266
after they have been opened shall not be permitted.	11267

(B) The director may permit the Ohio turnpike and	11268
infrastructure commission, any political subdivision, and any	11269
state university or college to participate in contracts into which	11270
the director has entered for the purchase of machinery, materials,	11271
supplies, or other articles. The turnpike and infrastructure	11272
commission and any political subdivision or state university or	11273
college desiring to participate in such purchase contracts shall	11274
file with the director a certified copy of the bylaws or rules of	11275
the turnpike and infrastructure commission or the ordinance or	11276
resolution of the legislative authority, board of trustees, or	11277
other governing board requesting authorization to participate in	11278
such contracts and agreeing to be bound by such terms and	11279
conditions as the director prescribes. Purchases made by the	11280
turnpike and infrastructure commission, political subdivisions, or	11281
state universities or colleges under this division are exempt from	11282
any competitive bidding required by law for the purchase of	11283
machinery, materials, supplies, or other articles.	11284

11285

(1) "Political subdivision" means any county, township,	11286
municipal corporation, conservancy district, township park	11287
district, park district created under Chapter 1545. of the Revised	11288
Code, port authority, regional transit authority, regional airport	11289
authority, regional water and sewer district, county transit	11290
board, or school district as defined in section 5513.04 of the	11291
Revised Code.	11292

(2) "State university or college" has the same meaning as in	11293
division (A)(1) of section 3345.32 of the Revised Code.	11294

(3) "Ohio turnpike and infrastructure commission" means the	11295
commission created by section 5537.02 of the Revised Code.	11296

Sec. 5517.02. (A) Before undertaking the construction,	11297
reconstruction by widening or resurfacing, or improvement of a	11298
state highway, or a bridge or culvert thereon, or the installation	11299
of a traffic control signal on a state highway, the director of	11300
transportation, except as provided in section 5517.021 of the	11301
Revised Code, shall make an estimate of the cost of the work using	11302
the force account project assessment form developed by the auditor	11303
of state under section 117.16 of the Revised Code. In	11304
~~constructing, or reconstructing by widening or resurfacing,~~	11305
~~improving, maintaining, and repairing state highways, and the~~	11306
~~bridges and culverts thereon, and in installing, maintaining, and~~	11307
~~repairing traffic control signals on state highways, the director,~~	11308
~~except as provided in division (B) of this section, shall proceed~~	11309
~~by contract let to the lowest competent and responsible bidder,~~	11310
~~after advertisement as provided in section 5525.01 of the Revised~~	11311
~~Code~~When a force account project assessment form is required, the	11312
estimate shall include costs for subcontracted work and any	11313
competitively bid component costs.	11314

(B)(1) ~~Where the work contemplated is the construction of a~~	11315
~~bridge or culvert, or the installation of a traffic control~~	11316
~~signal, estimated to cost not more than fifty thousand dollars,~~	11317
~~the director may proceed by employing labor, purchasing materials,~~	11318
~~and furnishing equipment.~~	11319

~~(2) The~~After complying with division (A) of this section,	11320
the director may ~~also~~ proceed without competitive bidding with	11321
maintenance or repair work by employing labor, purchasing	11322
materials, and furnishing equipment, ~~provided~~if the total	11323
estimated cost of the completed operation, or series of connected	11324
operations, does not exceed ~~twenty-five~~the following, as adjusted	11325
under division (B)(2) of this section:	11326

(a) Thirty thousand dollars per centerline mile of highway,	11327
exclusive of structures and traffic control signals~~, or fifty~~;	11328

(b) Sixty thousand dollars for any single ~~structure or~~	11329
traffic control signal or any other single project.	11330

~~(3)~~(2) On the first day of July of every odd-numbered year	11331
beginning in 2015, the director shall increase the amounts	11332
established in division (B)(1) of this section by an amount not to	11333
exceed the lesser of three per cent, or the percentage amount of	11334
any increase in the department of transportation's construction	11335
cost index as annualized and totaled for the prior two calendar	11336
years. The director shall publish the applicable amounts on the	11337
department's internet web site.	11338

(C) The director may proceed by furnishing equipment,	11339
purchasing materials, and employing labor in the erection of	11340
temporary bridges or the making of temporary repairs to a highway	11341
or bridge rendered necessary by flood, landslide, or other	11342
extraordinary emergency. If the director determines inability to	11343
complete such emergency work by force account, the director may	11344
contract for any part of the work, with or without advertising for	11345
bids, as the director considers for the best interest of the	11346
department of transportation.	11347

(D) When a project proceeds by force account under this	11348
section or section 5517.021 of the Revised Code, the department of	11349
transportation shall perform the work in compliance with any	11350
project requirements and specifications that would have applied if	11351
a contract for the work had been let by competitive bidding. The	11352
department shall retain in the project record all records	11353
documenting materials testing compliance, materials placement	11354
compliance, actual personnel and equipment hours usage, and all	11355
other documentation that would have been required if a contract	11356
for the work had been let by competitive bidding.	11357

(E) The director shall proceed by competitive bidding to let	11358
work to the lowest competent and responsible bidder after	11359
advertisement as provided in section 5525.01 of the Revised Code	11360
in both of the following situations:	11361

(1) When the scope of work exceeds the limits established in	11362
section 5517.021 of the Revised Code;	11363

(2) When the estimated cost for a project, other than work	11364
described in section 5517.021 of the Revised Code, exceeds the	11365
amounts established in division (B) of this section, as adjusted.	11366

Sec. 5517.021. (A)(1) The director of transportation may	11367
proceed without competitive bidding by employing labor, purchasing	11368
materials, and furnishing equipment to do any of the following	11369
work:	11370

(a) Replace any single span bridge in its substantial	11371
entirety or widen any single span bridge, including necessary	11372
modifications to accommodate widening the existing substructure	11373
and wing walls. The director shall proceed under division	11374
(A)(1)(a) of this section only if the deck area of the new or	11375
widened bridge does not exceed seven hundred square feet as	11376
measured around the outside perimeter of the deck.	11377

(b) Replace the bearings, beams, and deck of any bridge on	11378
that bridge's existing foundation if the deck area of the	11379
rehabilitated structure does not exceed eight hundred square feet;	11380

(c) Construct or replace any single cell or multi-cell	11381
culvert whose total waterway opening does not exceed fifty-two	11382
square feet;	11383

(d) Pave or patch an asphalt surface if the operation does	11384
not exceed one hundred twenty tons of asphalt per lane-mile of	11385
roadway length, except that the department shall not perform a	11386
continuous resurfacing operation under this section if the cost of	11387
the work exceeds the amount established in division (B)(1)(a) of	11388
section 5517.02 of the Revised Code, as adjusted.	11389

(2) Work performed in accordance with division (A)(1) of this	11390
section may include approach roadway work, extending not more than	11391
one hundred fifty feet as measured from the back side of the	11392
bridge abutment wall or outside edge of the culvert, as	11393
applicable. The length of an approach guardrail shall be in	11394
accordance with department of transportation design requirements	11395
and shall not be included in the approach work size limitation.	11396

(B) The requirements of section 117.16 of the Revised Code	11397
shall not apply to work described in division (A) of this section	11398
and the work shall be exempt from audit for force account purposes	11399
except to determine compliance with the applicable size or tonnage	11400
restrictions.	11401

Sec. 5525.01. Before entering into a contract, the director	11402
of transportation shall advertise for bids for two consecutive	11403
weeks in one newspaper of general circulation published in the	11404
county in which the improvement or part thereof is located, but if	11405
there is no such newspaper then in one newspaper having general	11406
circulation in an adjacent county. In the alternative, the	11407
director may advertise for bids as provided in section 7.16 of the	11408
Revised Code. The director may advertise for bids in such other	11409
publications as the director considers advisable. Such notices	11410
shall state that plans and specifications for the improvement are	11411
on file in the office of the director and the district deputy	11412
director of the district in which the improvement or part thereof	11413
is located and the time within which bids therefor will be	11414
received.	11415

Each bidder shall be required to file with the bidder's bid a	11416
bid guaranty in the form of a certified check, a cashier's check,	11417
or an electronic funds transfer to the treasurer of state that is	11418
evidenced by a receipt or by a certification to the director of	11419
transportation in a form prescribed by the director that an	11420
electronic funds transfer has been made to the treasurer of state,	11421
for an amount equal to five per cent of the bidder's bid, but in	11422
no event more than fifty thousand dollars, or a bid bond for ten	11423
per cent of the bidder's bid, payable to the director, which	11424
check, transferred sum, or bond shall be forthwith returned to the	11425
bidder in case the contract is awarded to another bidder, or, in	11426
case of a successful bidder, when the bidder has entered into a	11427
contract and furnished the bonds required by section 5525.16 of	11428
the Revised Code. In the event the contract is awarded to a	11429
bidder, and the bidder fails or refuses to furnish the bonds as	11430
required by section 5525.16 of the Revised Code, the check,	11431
transferred sum, or bid bond filed with the bidder's bid shall be	11432
forfeited as liquidated damages. No bidder shall be required	11433
either to file a signed contract with the bidder's bid, to enter	11434
into a contract, or to furnish the contract performance bond and	11435
the payment bond required by that section until the bids have been	11436
opened and the bidder has been notified by the director that the	11437
bidder is awarded the contract.	11438

The director shall permit a bidder to withdraw the bidder's	11439
bid from consideration, without forfeiture of the check,	11440
transferred sum, or bid bond filed with the bid, providing a	11441
written request together with a sworn statement of the grounds for	11442
such withdrawal is delivered within forty-eight hours after the	11443
time established for the receipt of bids, and if the price bid was	11444
substantially lower than the other bids, providing the bid was	11445
submitted in good faith, and the reason for the price bid being	11446
substantially lower was a clerical mistake evident on the face of	11447
the bid, as opposed to a judgment mistake, and was actually due to	11448
an unintentional and substantial arithmetic error or an	11449
unintentional omission of a substantial quantity of work, labor,	11450
or material made directly in the compilation of the bid. In the	11451
event the director decides the conditions for withdrawal have not	11452
been met, the director may award the contract to such bidder. If	11453
such bidder does not then enter into a contract and furnish the	11454
contract bond as required by law, the director may declare	11455
forfeited the check, transferred sum, or bid bond as liquidated	11456
damages and award the contract to the next higher bidder or reject	11457
the remaining bids and readvertise the project for bids. Such	11458
bidder ~~may~~, within thirty days, may appeal the decision of the	11459
director to the court of common pleas of Franklin county and the	11460
court may affirm or reverse the decision of the director and may	11461
order the director to refund the amount of the forfeiture. At the	11462
hearing before the common pleas court evidence may be introduced	11463
for and against the decision of the director. The decision of the	11464
common pleas court may be appealed as in other cases.	11465

There is hereby created the ODOT letting fund, which shall be	11466
in the custody of the treasurer of state but shall not be part of	11467
the state treasury. All certified checks and cashiers' checks	11468
received with bidders' bids, and all sums transferred to the	11469
treasurer of state by electronic funds transfer in connection with	11470
bidders' bids, under this section shall be credited to the fund.	11471
All such bid guaranties shall be held in the fund until a	11472
determination is made as to the final disposition of the money. If	11473
the department determines that any such bid guaranty is no longer	11474
required to be held, the amount of the bid guaranty shall be	11475
returned to the appropriate bidder. If the department determines	11476
that a bid guaranty under this section shall be forfeited, the	11477
amount of the bid guaranty shall be transferred or, in the case of	11478
money paid on a forfeited bond, deposited into the state treasury,	11479
to the credit of the highway operating fund. Any investment	11480
earnings of the ODOT letting fund shall be distributed as the	11481
treasurer of state considers appropriate.	11482

The director shall require all bidders to furnish the	11483
director, upon such forms as the director may prescribe, detailed	11484
information with respect to all pending work of the bidder,	11485
whether with the department of transportation or otherwise,	11486
together with such other information as the director considers	11487
necessary.	11488

In the event a bidder fails to submit anything required to be	11489
submitted with the bid and then fails or refuses to so submit such	11490
at the request of the director, the failure or refusal constitutes	11491
grounds for the director, in the director's discretion, to declare	11492
as forfeited the bid guaranty submitted with the bid.	11493

The director may reject any or all bids. Except in regard to	11494
contracts for environmental remediation and specialty work for	11495
which there are no classes of work set out in the rules adopted by	11496
the director, if the director awards the contract, the director	11497
shall award it to the lowest competent and responsible bidder as	11498
defined by rules adopted by the director under section 5525.05 of	11499
the Revised Code, who is qualified to bid under sections 5525.02	11500
to 5525.09 of the Revised Code. In regard to contracts for	11501
environmental remediation and specialty work for which there are	11502
no classes of work set out in the rules adopted by the director,	11503
the director shall competitively bid the projects in accordance	11504
with this chapter and shall award the contracts to the lowest and	11505
best bidder.	11506

The award for all projects competitively let by the director	11507
under this section shall be made within ten days after the date on	11508
which the bids are opened, and the successful bidder shall enter	11509
into a contract and furnish a contract performance bond and a	11510
payment bond, as provided for in section 5525.16 of the Revised	11511
Code, within ten days after the bidder is notified that the bidder	11512
has been awarded the contract.	11513

The director may insert in any contract awarded under this	11514
chapter a clause providing for value engineering change proposals,	11515
under which a contractor who has been awarded a contract may	11516
propose a change in the plans and specifications of the project	11517
that saves the department time or money on the project without	11518
impairing any of the essential functions and characteristics of	11519
the project such as service life, reliability, economy of	11520
operation, ease of maintenance, safety, and necessary standardized	11521
features. If the director adopts the value engineering proposal,	11522
the savings from the proposal shall be divided between the	11523
department and the contractor according to guidelines established	11524
by the director, provided that the contractor shall receive at	11525
least fifty per cent of the savings from the proposal. The	11526
adoption of a value engineering proposal does not invalidate the	11527
award of the contract or require the director to rebid the	11528
project.	11529

Sec. 5525.16. (A) Before entering into a contract, the	11530
director of transportation shall require a contract performance	11531
bond and a payment bond with sufficient sureties, as follows:	11532

(1) A contract performance bond in an amount equal to one	11533
hundred per cent of the ~~estimated cost of the work~~contract	11534
amount, conditioned, among other things, that the contractor will	11535
perform the work upon the terms proposed, within the time	11536
prescribed, and in accordance with the plans and specifications,	11537
will indemnify the state against any damage that may result from	11538
any failure of the contractor to so perform, and, further, in case	11539
of a grade separation will indemnify any railroad company involved	11540
against any damage that may result by reason of the negligence of	11541
the contractor in making the improvement.	11542

(2) A payment bond in an amount equal to one hundred per cent	11543
of the ~~estimated cost of the work~~contract amount, conditioned for	11544
the payment by the contractor and all subcontractors for labor or	11545
work performed or materials furnished in connection with the work,	11546
improvement, or project involved.	11547

(B) In no case is the state liable for damages sustained in	11548
the construction of any work, improvement, or project under this	11549
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	11550
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	11551
5535. of the Revised Code.	11552

This section does not require the director to take bonds as	11553
described in division (A) of this section in connection with any	11554
force account work, but the director may require those bonds in	11555
connection with force account work.	11556

If any bonds taken under this section are executed by a	11557
surety company, the director may not approve such bonds unless	11558
there is attached a certificate of the superintendent of insurance	11559
that the company is authorized to transact business in this state,	11560
and a copy of the power of attorney of the agent of the company.	11561
The superintendent, upon request, shall issue to any licensed	11562
agent of such company the certificate without charge.	11563

The bonds required to be taken under this section shall be	11564
executed by the same surety, approved by the director as to	11565
sufficiency of the sureties, and be in the form prescribed by the	11566
attorney general.	11567

(C) Any person to whom any money is due for labor or work	11568
performed or materials furnished in connection with a work,	11569
improvement, or project, at any time after performing the labor or	11570
furnishing the materials but not later than ninety days after the	11571
acceptance of the work, improvement, or project by the director,	11572
may furnish to the sureties on the payment bond a statement of the	11573
amount due the person. If the indebtedness is not paid in full at	11574
the expiration of sixty days after the statement is furnished, the	11575
person may commence an action in the person's own name upon the	11576
bond as provided in sections 2307.06 and 2307.07 of the Revised	11577
Code.	11578

An action shall not be commenced against the sureties on a	11579
payment bond until sixty days after the furnishing of the	11580
statement described in this section or, notwithstanding section	11581
2305.12 of the Revised Code, later than one year after the date of	11582
the acceptance of the work, improvement, or project.	11583

(D) As used in this section, "improvement," "subcontractor,"	11584
"material supplier," and "materials" have the same meanings as in	11585
section 1311.01 of the Revised Code, and "contractor" has the same	11586
meaning as "original contractor" as defined in that section.	11587

Sec. 5526.01. As used in this chapter:

11588

(A) "Firm" means any person or limited liability company that	11589
is legally engaged in rendering professional services.	11590

(B) "Federal Water Pollution Control Act" has the same	11591
meaning as in section 6111.01 of the Revised Code.	11592

11593

(1) The practice of engineering as defined in section 4733.01	11594
of the Revised Code;	11595

(2) The practice of surveying as defined in section 4733.01	11596
of the Revised Code;	11597

(3) The practice of landscape architecture as defined in	11598
section 4703.30 of the Revised Code;	11599

(4) The evaluation of environmental impacts performed in	11600
accordance with the "National Environmental Policy Act of 1969,"	11601
83 Stat. 852, 42 U.S.C. 4321, as amended, the Federal Water	11602
Pollution Control Act, or any other applicable law or regulation;	11603

(5) Right-of-way acquisition services such as right-of-way	11604
project management, title searches, property valuations,	11605
appraisals, appraisal reviews, negotiations, relocation services,	11606
appropriation activities, real estate closings, and property	11607
management activities that are performed for the purpose of	11608
properly acquiring private and public property rights in	11609
conjunction with public highway projects and that conform to	11610
Chapters 163. and 5501. of the Revised Code; rules 5501:2-5-01 to	11611
5501:2-5-06 of the Ohio Administrative Code; the "Uniform	11612
Relocation Assistance and Real Property Acquisition Policies Act	11613
of 1970," 84 Stat. 1894, 42 U.S.C. 4601, et seq., as amended; the	11614
"Surface Transportation and Uniform Relocation Assistance Act of	11615
1987," Public Law No. 100-17, 101 Stat. 132; applicable provisions	11616
of Titles 23 and 49 of the Code of Federal Regulations; and any	11617
applicable policies and procedures established by the department	11618
of transportation;	11619

(6) Services related to the department's administration of	11620
construction contract claims, including, but not limited to, the	11621
analysis of claims, assistance in negotiations, and assistance	11622
during litigation;	11623

(7) Architectural services related to bridges;

11624

(8) Any other professional service that is determined by the	11625
director of transportation or any other designated officials of	11626
the department to be necessary for the provision of transportation	11627
services or to provide assistance to the department in furtherance	11628
of its statutory duties and powers.	11629

"Professional services" does not mean the practice of	11630
architecture as regulated under Chapter 4703. of the Revised Code,	11631
except landscape architecture and architectural services related	11632
to bridges as provided in divisions (C)(3) and (7) of this	11633
section.	11634

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

11635

(1) The competence of a firm to perform required professional	11636
services as indicated by the technical training, education, and	11637
experience of the firm's personnel, in particular the technical	11638
training, education, and experience of the firm's personnel	11639
assigned to perform professional services for the department;	11640

(2) The ability of a firm in terms of its workload and the	11641
availability of qualified personnel, equipment, and facilities to	11642
perform the required professional services competently and	11643
expeditiously;	11644

(3) The past performance of a firm as indicated by	11645
evaluations of previous clients of the firm with respect to such	11646
factors as control of costs, quality of work, and meeting of	11647
deadlines;	11648

(4) Any other relevant factors as determined by the director.

11649

Sec. 5533.121. In addition to any other name prescribed in	11650
the Revised Code or otherwise, that portion of the road known as	11651
United States highway number twenty-two, within the municipal	11652
corporation of Zanesville only, in Muskingum county, shall be	11653
known as the "U.S. Army Staff Sergeant Lester O. "Buddy" Kinney II	11654
Memorial Highway."	11655

The director of transportation may erect suitable markers	11656
along the highway indicating its name.	11657

Sec. 5533.31. The road known as interstate route eighty,	11658
extending across Ohio from the Pennsylvania border in Trumbull	11659
county to the Indiana border in Williams county, shall be known as	11660
the "Christopher Columbus highway."	11661

The director of transportation may erect suitable markers	11662
upon the portions of such highway under ~~his~~the director's	11663
jurisdiction indicating its name, and the Ohio turnpike and	11664
infrastructure commission may erect suitable markers on the	11665
portions of such highway under its jurisdiction indicating its	11666
name.	11667

Sec. 5537.01. As used in this chapter:

11668

(A) "Commission" means the Ohio turnpike and infrastructure	11669
commission created by section 5537.02 of the Revised Code or, if	11670
that commission is abolished, the board, body, officer, or	11671
commission succeeding to the principal functions thereof or to	11672
which the powers given by this chapter to the commission are given	11673
by law.	11674

(B) "~~Project" or "turnpike~~Turnpike project" means any	11675
express or limited access highway, super highway, or motorway	11676
constructed, operated, or improved, under the jurisdiction of the	11677
commission and pursuant to this chapter, at a location or	11678
locations reviewed by the turnpike legislative review committee	11679
and approved by the governor, including all bridges, tunnels,	11680
overpasses, underpasses, interchanges, entrance plazas,	11681
approaches, those portions of connecting public roads that serve	11682
interchanges and are determined by the commission and the director	11683
of transportation to be necessary for the safe merging of traffic	11684
between the turnpike project and those public roads, toll booths,	11685
service facilities, and administration, storage, and other	11686
buildings, property, and facilities that the commission considers	11687
necessary for the operation or policing of the turnpike project,	11688
together with all property and rights which may be acquired by the	11689
commission for the construction, maintenance, or operation of the	11690
turnpike project, and includes any sections or extensions of a	11691
turnpike project designated by the commission as such for the	11692
particular purpose. Each turnpike project shall be separately	11693
designated, by name or number, and may be constructed, improved,	11694
or extended in such sections as the commission may from time to	11695
time determine. Construction includes the improvement and	11696
renovation of a previously constructed turnpike project, including	11697
additional interchanges, whether or not the turnpike project was	11698
initially constructed by the commission.	11699

(C) "Infrastructure project" means any public express or	11700
limited access highway, super highway, or motorway, including all	11701
bridges, tunnels, overpasses, underpasses, interchanges, entrance	11702
plazas, approaches, and those portions of connecting public roads	11703
that serve interchanges, that is constructed or improved, in whole	11704
or in part, with infrastructure funding approved pursuant to	11705
criteria established under section 5537.18 of the Revised Code.	11706

(D) "Cost," as applied to construction of a turnpike project	11707
or an infrastructure project, includes the cost of construction,	11708
including bridges over or under existing highways and railroads,	11709
acquisition of all property acquired either by the commission or	11710
by the owner of the infrastructure project for the construction,	11711
demolishing or removing any buildings or structures on land so	11712
acquired, including the cost of acquiring any lands to which the	11713
buildings or structures may be moved, site clearance, improvement,	11714
and preparation, diverting public roads, interchanges with public	11715
roads, access roads to private property, including the cost of	11716
land or easements therefor, all machinery, furnishings, and	11717
equipment, communications facilities, financing expenses, interest	11718
prior to and during construction and for one year after completion	11719
of construction, traffic estimates, indemnity and surety bonds and	11720
premiums on insurance, title work and title commitments,	11721
insurance, and guarantees, engineering, feasibility studies, and	11722
legal expenses, plans, specifications, surveys, estimates of cost	11723
and revenues, other expenses necessary or incident to determining	11724
the feasibility or practicability of constructing or operating a	11725
turnpike project or an infrastructure project, administrative	11726
expenses, and any other expense that may be necessary or incident	11727
to the construction of the turnpike project or an infrastructure	11728
project, the financing of the construction, and the placing of the	11729
turnpike project or an infrastructure project in operation. Any	11730
obligation or expense incurred by the department of transportation	11731
with the approval of the commission for surveys, borings,	11732
preparation of plans and specifications, and other engineering	11733
services in connection with the construction of a turnpike project	11734
or an infrastructure project, or by the federal government with	11735
the approval of the commission for any public road projects which	11736
must be reimbursed as a condition to the exercise of any of the	11737
powers of the commission under this chapter, shall be regarded as	11738
a part of the cost of the turnpike project or an infrastructure	11739
project and shall be reimbursed to the state or the federal	11740
government, as the case may be, from revenues, state taxes, or the	11741
proceeds of bonds as authorized by this chapter.	11742

~~(D)~~(E) "Owner" includes all persons having any title or	11743
interest in any property authorized to be acquired by the	11744
commission for turnpike projects under this chapter, or the public	11745
entity for whom an infrastructure project is funded, in whole or	11746
in part, by the commission under this chapter.	11747

~~(E)~~(F) "Revenues" means all tolls, service revenues,	11748
investment income on special funds, rentals, gifts, grants, and	11749
all other moneys coming into the possession of or under the	11750
control of the commission by virtue of this chapter, except the	11751
proceeds from the sale of bonds. "Revenues" does not include state	11752
taxes.	11753

~~(F)~~(G) "Public roads" means all public highways, roads, and	11754
streets in the state, whether maintained by a state agency or any	11755
other governmental agency.	11756

~~(G)~~(H) "Public utility facilities" means tracks, pipes,	11757
mains, conduits, cables, wires, towers, poles, and other equipment	11758
and appliances of any public utility.	11759

~~(H)~~(I) "Financing expenses" means all costs and expenses	11760
relating to the authorization, issuance, sale, delivery,	11761
authentication, deposit, custody, clearing, registration,	11762
transfer, exchange, fractionalization, replacement, payment, and	11763
servicing of bonds including, without limitation, costs and	11764
expenses for or relating to publication and printing, postage,	11765
delivery, preliminary and final official statements, offering	11766
circulars, and informational statements, travel and	11767
transportation, underwriters, placement agents, investment	11768
bankers, paying agents, registrars, authenticating agents,	11769
remarketing agents, custodians, clearing agencies or corporations,	11770
securities depositories, financial advisory services,	11771
certifications, audits, federal or state regulatory agencies,	11772
accounting and computation services, legal services and obtaining	11773
approving legal opinions and other legal opinions, credit ratings,	11774
redemption premiums, and credit enhancement facilities.	11775

~~(I)~~(J) "Bond proceedings" means the resolutions, trust	11776
agreements, certifications, notices, sale proceedings, leases,	11777
lease-purchase agreements, assignments, credit enhancement	11778
facility agreements, and other agreements, instruments, and	11779
documents, as amended and supplemented, or any one or more or any	11780
combination thereof, authorizing, or authorizing or providing for	11781
the terms and conditions applicable to, or providing for the	11782
security or sale or award or liquidity of, bonds, and includes the	11783
provisions set forth or incorporated in those bonds and bond	11784
proceedings.	11785

~~(J)~~(K) "Bond service charges" means principal, including any	11786
mandatory sinking fund or mandatory redemption requirements for	11787
the retirement of bonds, and interest and any redemption premium	11788
payable on bonds, as those payments come due and are payable to	11789
the bondholder or to a person making payment under a credit	11790
enhancement facility of those bond service charges to a	11791
bondholder.	11792

~~(K)~~(L) "Bond service fund" means the applicable fund created	11793
by the bond proceedings for and pledged to the payment of bond	11794
service charges on bonds provided for by those proceedings,	11795
including all moneys and investments, and earnings from	11796
investments, credited and to be credited to that fund as provided	11797
in the bond proceedings.	11798

~~(L)~~(M) "Bonds" means bonds, notes, including notes	11799
anticipating bonds or other notes, commercial paper, certificates	11800
of participation, or other evidences of obligation, including any	11801
interest coupons pertaining thereto, issued by the commission	11802
pursuant to this chapter.	11803

~~(M)~~(N) "Infrastructure fund" means the applicable fund or	11804
funds created by the bond proceedings, which shall be used to pay	11805
or defray the cost of infrastructure projects recommended by the	11806
director of transportation and evaluated and approved by the	11807
commission.	11808

(O) "Net revenues" means revenues lawfully available to pay	11809
both current operating expenses of the commission and bond service	11810
charges in any fiscal year or other specified period, less current	11811
operating expenses of the commission and any amount necessary to	11812
maintain a working capital reserve for that period.	11813

~~(N)~~(P) "Pledged revenues" means net revenues, moneys and	11814
investments, and earnings on those investments, in the applicable	11815
bond service fund and any other special funds, and the proceeds of	11816
any bonds issued for the purpose of refunding prior bonds, all as	11817
lawfully available and by resolution of the commission committed	11818
for application as pledged revenues to the payment of bond service	11819
charges on particular issues of bonds.	11820

~~(O)~~(Q) "Service facilities" means service stations,	11821
restaurants, and other facilities for food service, roadside parks	11822
and rest areas, parking, camping, tenting, rest, and sleeping	11823
facilities, hotels or motels, and all similar and other facilities	11824
providing services to the traveling public in connection with the	11825
use of a turnpike project and owned, leased, licensed, or operated	11826
by the commission.	11827

~~(P)~~(R) "Service revenues" means those revenues of the	11828
commission derived from its ownership, leasing, licensing, or	11829
operation of service facilities.	11830

~~(Q)~~(S) "Special funds" means the applicable bond service fund	11831
and any accounts and subaccounts in that fund, any other funds or	11832
accounts permitted by and established under, and identified as a	11833
"special fund" or "special account" in, the bond proceedings,	11834
including any special fund or account established for purposes of	11835
rebate or other requirements under federal income tax laws.	11836

~~(R)~~(T) "State agencies" means the state, officers of the	11837
state, and boards, departments, branches, divisions, or other	11838
units or agencies of the state.	11839

~~(S)~~(U) "State taxes" means receipts of the commission from	11840
the proceeds of state taxes or excises levied and collected, or	11841
appropriated by the general assembly to the commission, for the	11842
purposes and functions of the commission. State taxes do not	11843
include tolls, or investment earnings on state taxes except on	11844
those state taxes referred to in Section 5a of Article XII, Ohio	11845
Constitution.	11846

~~(T)~~(V) "Tolls" means tolls, special fees or permit fees, or	11847
other charges by the commission to the owners, lessors, lessees,	11848
or operators of motor vehicles for the operation of or the right	11849
to operate those vehicles on a turnpike project.	11850

~~(U)~~(W) "Credit enhancement facilities" means letters of	11851
credit, lines of credit, standby, contingent, or firm securities	11852
purchase agreements, insurance, or surety arrangements,	11853
guarantees, and other arrangements that provide for direct or	11854
contingent payment of bond service charges, for security or	11855
additional security in the event of nonpayment or default in	11856
respect of bonds, or for making payment of bond service charges	11857
and at the option and on demand of bondholders or at the option of	11858
the commission or upon certain conditions occurring under put or	11859
similar arrangements, or for otherwise supporting the credit or	11860
liquidity of the bonds, and includes credit, reimbursement,	11861
marketing, remarketing, indexing, carrying, interest rate hedge,	11862
and subrogation agreements, and other agreements and arrangements	11863
for payment and reimbursement of the person providing the credit	11864
enhancement facility and the security for that payment and	11865
reimbursement.	11866

~~(V)~~(X) "Person" has the same meaning as in section 1.59 of	11867
the Revised Code and, unless the context otherwise provides, also	11868
includes any governmental agency and any combination of those	11869
persons.	11870

~~(W)~~(Y) "Refund" means to fund and retire outstanding bonds,	11871
including advance refunding with or without payment or redemption	11872
prior to stated maturity.	11873

~~(X)~~(Z) "Governmental agency" means any state agency, federal	11874
agency, political subdivision, or other local, interstate, or	11875
regional governmental agency, and any combination of those	11876
agencies.	11877

~~(Y)~~(AA) "Property" has the same meaning as in section 1.59 of	11878
the Revised Code, and includes interests in property.	11879

~~(Z)~~(BB) "Administrative agent," "agent," "commercial paper,"	11880
"floating rate interest structure," "indexing agent," "interest	11881
rate hedge," "interest rate period," "put arrangement," and	11882
"remarketing agent" have the same meanings as in section 9.98 of	11883
the Revised Code.	11884

~~(AA)~~(CC) "Outstanding," as applied to bonds, means	11885
outstanding in accordance with the terms of the bonds and the	11886
applicable bond proceedings.	11887

~~(BB)~~(DD) "Ohio turnpike system" or "system" means all	11888
existing and future turnpike projects constructed, operated, and	11889
maintained under the jurisdiction of the commission.	11890

(EE) "Ohio turnpike and infrastructure system" means turnpike	11891
projects and infrastructure projects funded by the commission	11892
existing on and after July 1, 2013, that facilitate access to, use	11893
of, and egress from the Ohio turnpike system, and also facilitate	11894
access to and from areas of population, commerce, and industry	11895
that are connected to the Ohio turnpike system.	11896

Sec. 5537.02. (A) There is hereby created a commission to be	11897
known on and after July 1, 2013, as the "Ohio turnpike and	11898
infrastructure commission." The commission is a body both	11899
corporate and politic, constituting an instrumentality of the	11900
state, and the exercise by it of the powers conferred by this	11901
chapter in the construction, operation, and maintenance of the	11902
Ohio turnpike system, and also in entering into agreements with	11903
the department of transportation to pay the cost or a portion of	11904
the costs of infrastructure projects, are and shall be held to be	11905
essential governmental functions of the state, but the commission	11906
shall not be immune from liability by reason thereof. Chapter	11907
2744. of the Revised Code applies to the commission and the	11908
commission is a political subdivision of the state for purposes of	11909
that chapter. The commission is subject to all provisions of law	11910
generally applicable to state agencies which do not conflict with	11911
this chapter.	11912

(B)(1) The commission shall consist of ~~nine~~ten members as	11913
follows:	11914

(a) ~~Four~~Six members appointed by the governor with the	11915
advice and consent of the senate, no more than ~~two~~three of whom	11916
shall be members of the same political party;	11917

(b) The director of transportation, who shall be a voting	11918
member, and the director of budget and management, ~~and the~~	11919
~~director of development, each~~both of whom shall ~~be a member~~serve	11920
as ex officio members, without compensation;	11921

(c) One member of the senate, appointed by the president of	11922
the senate, who shall represent either a district in which is	11923
located or through which passes a portion of a turnpike project	11924
that is part of the Ohio turnpike system or a district located in	11925
the vicinity of a turnpike project that is part of the Ohio	11926
turnpike system;	11927

(d) One member of the house of representatives, appointed by	11928
the speaker of the house of representatives, who shall represent	11929
either a district in which is located or through which passes a	11930
portion of a turnpike project that is part of the Ohio turnpike	11931
system or a district located in the vicinity of a turnpike project	11932
that is part of the Ohio turnpike system.	11933

(2) The members appointed by the governor shall be residents	11934
of the state, shall have been qualified electors therein for a	11935
period of at least five years next preceding their appointment,	11936
~~and~~. In making the appointments, the governor may appoint persons	11937
who reside in different geographic areas of the state, taking into	11938
consideration the various turnpike and infrastructure projects in	11939
the state. Members appointed to the commission prior to July 1,	11940
2013, shall serve terms of eight years commencing on the first day	11941
of July and ending on the thirtieth day of June. Thereafter,	11942
members appointed by the governor shall serve terms of five years	11943
commencing on the first day of July and ending on the thirtieth	11944
day of June. Those members appointed by the president of the	11945
senate or the speaker of the house of representatives shall serve	11946
a term of the remainder of the general assembly during which the	11947
senator or representative is appointed. Each appointed member	11948
shall hold office from the date of appointment until the end of	11949
the term for which the member was appointed. If a commission	11950
member dies or resigns, or if a senator or representative who is a	11951
member of the commission ceases to be a senator or representative,	11952
or if an ex officio member ceases to hold the applicable office,	11953
the vacancy shall be filled in the same manner as provided in	11954
division (B)(1) of this section. Any member who fills a vacancy	11955
occurring prior to the end of the term for which the member's	11956
predecessor was appointed shall, if appointed by the governor,	11957
hold office for the remainder of such term or, if appointed by the	11958
president of the senate or the speaker of the house of	11959
representatives, shall hold office for the remainder of the term	11960
or for a shorter period of time as determined by the president or	11961
the speaker. Any member appointed by the governor shall continue	11962
in office subsequent to the expiration date of the member's term	11963
until the member's successor takes office, or until a period of	11964
sixty days has elapsed, whichever occurs first. A member of the	11965
commission is eligible for reappointment. Each member of the	11966
commission appointed by the governor, before entering upon the	11967
member's duties, shall take an oath as provided by Section 7 of	11968
Article XV, Ohio Constitution. The governor, the president of the	11969
senate, or the speaker of the house of representatives, may at any	11970
time remove their respective appointees to the commission for	11971
misfeasance, nonfeasance, or malfeasance in office.	11972

(3)(a) A member of the commission who is appointed by the	11973
president of the senate or the speaker of the house of	11974
representatives shall not participate in any vote of the	11975
commission. Serving as an appointed member of the commission under	11976
divisions (B)(1)(c), (1)(d), or (2) of this section does not	11977
constitute grounds for resignation from the senate or the house of	11978
representatives under section 101.26 of the Revised Code.	11979

(b) The director of budget and management ~~and the director of~~	11980
~~development~~ shall not participate in any vote of the commission.	11981

(C) The voting members of the commission shall elect one of	11982
the ~~appointed~~ voting members as chairperson and another as	11983
vice-chairperson, and shall appoint a secretary-treasurer who need	11984
not be a member of the commission. ~~Three~~Four of the voting	11985
members of the commission constitute a quorum, and the affirmative	11986
vote of ~~three~~four voting members is necessary for any action	11987
taken by the commission. No vacancy in the membership of the	11988
commission impairs the rights of a quorum to exercise all the	11989
rights and perform all the duties of the commission.	11990

(D) Each member of the commission appointed by the governor	11991
shall give a surety bond to the commission in the penal sum of	11992
twenty-five thousand dollars and the secretary-treasurer shall	11993
give such a bond in at least the penal sum of fifty thousand	11994
dollars. The commission may require any of its officers or	11995
employees to file surety bonds including a blanket bond as	11996
provided in section 3.06 of the Revised Code. Each such bond shall	11997
be in favor of the commission and shall be conditioned upon the	11998
faithful performance of the duties of the office, executed by a	11999
surety company authorized to transact business in this state,	12000
approved by the governor, and filed in the office of the secretary	12001
of state. The costs of the surety bonds shall be paid or	12002
reimbursed by the commission from revenues. Each member of the	12003
commission appointed by the governor shall receive an annual	12004
salary of five thousand dollars, payable in monthly installments.	12005
Each member shall be reimbursed for the member's actual expenses	12006
necessarily incurred in the performance of the member's duties.	12007
All costs and expenses incurred by the commission in carrying out	12008
this chapter shall be payable solely from revenues and state	12009
taxes, and no liability or obligation shall be incurred by the	12010
commission beyond the extent to which revenues have been provided	12011
for pursuant to this chapter.	12012

Sec. 5537.03. In order to remove present and anticipated	12013
handicaps and potential hazards on the congested highways in this	12014
state, to facilitate vehicular traffic throughout the state, to	12015
finance infrastructure projects that improve and enhance mobility	12016
in Ohio, and also to promote the agricultural, ~~commercial,~~	12017
recreational, tourism, and commercial, industrial, and economic	12018
development of the state, and to provide for the general welfare	12019
by the construction, improvement, and maintenance of modern	12020
express highways embodying safety devices, including without	12021
limitation center divisions, ample shoulder widths, longsight	12022
distances, multiple lanes in each direction, and grade separations	12023
at intersections with other public roads and railroads, the Ohio	12024
turnpike and infrastructure commission~~, subject~~may do the	12025
following:	12026

(A) Subject to section 5537.26 of the Revised Code, ~~may~~	12027
construct, maintain, repair, and operate a system of turnpike	12028
projects at locations that are reviewed by the turnpike	12029
legislative review committee and approved by the governor, and in	12030
accordance with alignment and design standards that are approved	12031
by the director of transportation, and issue revenue bonds of this	12032
state, payable solely from pledged revenues, to pay the cost of	12033
those projects. The turnpikes and turnpike projects authorized by	12034
this chapter are hereby or shall be made part of the Ohio turnpike	12035
system.	12036

(B) Provide the infrastructure funds to pay the cost or a	12037
portion of the cost of infrastructure projects as recommended by	12038
the director of transportation pursuant to a determination made by	12039
the commission based on criteria set forth in rules adopted by the	12040
commission under section 5537.18 of the Revised Code. A	12041
determination by the commission to provide infrastructure funds	12042
for an infrastructure project shall be conclusive and	12043
incontestable.	12044

Sec. 5537.04. (A) The Ohio turnpike and infrastructure	12045
commission may do any of the following:	12046

(1) Adopt bylaws for the regulation of its affairs and the	12047
conduct of its business;	12048

(2) Adopt an official seal, which shall not be the great seal	12049
of the state and which need not be in compliance with section 5.10	12050
of the Revised Code;	12051

(3) Maintain a principal office and suboffices at such places	12052
within the state as it designates;	12053

(4) ~~Sue~~With respect to the Ohio turnpike system and turnpike	12054
projects, sue and be sued in its own name, plead and be impleaded,	12055
provided any actions against the commission shall be brought in	12056
the court of common pleas of the county in which the principal	12057
office of the commission is located, or in the court of common	12058
pleas of the county in which the cause of action arose if that	12059
county is located within this state, and all summonses,	12060
exceptions, and notices of every kind shall be served on the	12061
commission by leaving a copy thereof at its principal office with	12062
the secretary-treasurer or executive director of the commission;	12063

(5) With respect to infrastructure projects only, sue and be	12064
sued in its own name, plead and be impleaded, provided any actions	12065
against the commission shall be brought in the court of common	12066
pleas of Franklin county, and all summonses, exceptions, and	12067
notices of every kind shall be served on the commission by leaving	12068
a copy thereof at its principal office with the	12069
secretary-treasurer or executive director of the commission.	12070

(6) Construct, maintain, repair, police, and operate the	12071
turnpike system, and establish rules for the use of any turnpike	12072
project;	12073

~~(6)~~(7) Issue revenue bonds of the state, payable solely from	12074
pledged revenues, as provided in this chapter, for the purpose of	12075
paying any part of the cost of constructing any one or more	12076
turnpike projects or infrastructure projects;	12077

~~(7)~~(8) Fix, and revise from time to time, and charge and	12078
collect tolls by any method approved by the commission, including,	12079
but not limited to, manual methods or through electronic	12080
technology accepted within the tolling industry;	12081

~~(8)~~(9) Acquire, hold, and dispose of property in the exercise	12082
of its powers and the performance of its duties under this	12083
chapter;	12084

~~(9)~~(10) Designate the locations and establish, limit, and	12085
control such points of ingress to and egress from each turnpike	12086
project as are necessary or desirable in the judgment of the	12087
commission and of the director of transportation to ensure the	12088
proper operation and maintenance of that turnpike project, and	12089
prohibit entrance to such a turnpike project from any point not so	12090
designated;	12091

~~(10)~~(11) Make and enter into all contracts and agreements	12092
necessary or incidental to the performance of its duties and the	12093
execution of its powers under this chapter, including	12094
participation in a multi-jurisdiction electronic toll collection	12095
agreement and collection or remittance of tolls, fees, or other	12096
charges to or from entities or agencies that participate in such	12097
an agreement; the commission also may enter into agreements with	12098
retail locations, including deputy registrars, to allow the	12099
general public to acquire electronic toll collection devices,	12100
commonly known as transponders, from the retail locations for such	12101
reasonable fees as are established by the commission;	12102

~~(11)~~(12) Employ or retain or contract for the services of	12103
consulting engineers, superintendents, managers, and any other	12104
engineers, construction and accounting experts, financial	12105
advisers, trustees, marketing, remarketing, and administrative	12106
agents, attorneys, and other employees, independent contractors,	12107
or agents that are necessary in its judgment and fix their	12108
compensation, provided all such expenses shall be payable solely	12109
from the proceeds of bonds or from revenues of the Ohio turnpike	12110
system;	12111

~~(12)~~(13) Receive and accept from any federal agency, subject	12112
to the approval of the governor, and from any other governmental	12113
agency grants for or in aid of the construction, reconstruction,	12114
repair, renovation, maintenance, or operation of any turnpike	12115
project, and receive and accept aid or contributions from any	12116
source or person of money, property, labor, or other things of	12117
value, to be held, used, and applied only for the purposes for	12118
which such grants and contributions are made;	12119

~~(13)~~(14) Provide coverage for its employees under Chapters	12120
4123. and 4141. of the Revised Code;	12121

~~(14)~~(15) Fix and revise by rule, from time to time, such	12122
permit fees, processing fees, or administrative charges for the	12123
prepayment, deferred payment, or nonpayment of tolls and use of	12124
electronic tolling equipment or other commission property;	12125

(16) Adopt rules for the issuance of citations either by a	12126
policing authority or through administrative means to individuals	12127
or corporations that evade the payment of tolls established for	12128
the use of any turnpike project;	12129

(17) Approve funding and authorize agreements with the	12130
department of transportation for the funding of infrastructure	12131
projects recommended by the director of transportation pursuant to	12132
the criteria established by rule under section 5537.18 of the	12133
Revised Code.	12134

(B) The commission may do all acts necessary or proper to	12135
carry out the powers expressly granted in this chapter.	12136

Sec. 5537.05. (A) The Ohio turnpike and infrastructure	12137
commission may construct grade separations at intersections of any	12138
turnpike project with public roads and railroads, and change and	12139
adjust the lines and grades of those roads and railroads, and of	12140
public utility facilities, which change and adjustment of lines	12141
and grades of those roads shall be subject to the approval of the	12142
governmental agency having jurisdiction over the road, so as to	12143
accommodate them to the design of the grade separation. The cost	12144
of the grade separation and any damage incurred in changing and	12145
adjusting the lines and grades of roads, railroads, and public	12146
utility facilities shall be ascertained and paid by the commission	12147
as a part of the cost of the turnpike project or from revenues or	12148
state taxes.	12149

(1) If the commission finds it necessary to change the	12150
location of any portion of any public road, railroad, or public	12151
utility facility, it shall cause the same to be reconstructed at	12152
the location the governmental agency having jurisdiction over such	12153
road, railroad, or public utility facility considers most	12154
favorable. The construction shall be of substantially the same	12155
type and in as good condition as the original road, railroad, or	12156
public utility facility. The cost of the reconstruction,	12157
relocation, or removal and any damage incurred in changing the	12158
location shall be ascertained and paid by the commission as a part	12159
of the cost of the turnpike project or from revenues or state	12160
taxes.	12161

(2) The commission may petition the board of county	12162
commissioners of the county in which is situated any public road	12163
or part thereof affected by the location therein of any turnpike	12164
project, for the vacation or relocation of the road or any part	12165
thereof, in the same manner and with the same force and effect as	12166
is given to the director of transportation pursuant to sections	12167
5553.04 to 5553.11 of the Revised Code.	12168

(B) The commission and its authorized agents and employees,	12169
after proper notice, may enter upon any lands, waters, and	12170
premises in the state for the purpose of making surveys,	12171
soundings, drillings, and examinations that are necessary or	12172
proper for the purposes of this chapter, and the entry shall not	12173
be deemed a trespass, nor shall an entry for those purposes be	12174
deemed an entry under any appropriation proceedings which may then	12175
be pending, provided that before entering upon the premises of any	12176
railroad notice shall be given to the superintendent of the	12177
railroad involved at least five days in advance of entry, and	12178
provided that no survey, sounding, drilling, and examination shall	12179
be made between the rails or so close to a railroad track as would	12180
render the track unusable. The commission shall make reimbursement	12181
for any actual damage resulting to such lands, waters, and	12182
premises and to private property located in, on, along, over, or	12183
under such lands, waters, and premises, as a result of such	12184
activities. The state, subject to the approval of the governor,	12185
hereby consents to the use of all lands owned by it, including	12186
lands lying under water, that are necessary or proper for the	12187
construction, maintenance, or operation of any turnpike project,	12188
provided adequate consideration is provided for the use.	12189

(C) The commission may make reasonable provisions or rules	12190
for the installation, construction, maintenance, repair, renewal,	12191
relocation, and removal of public utility facilities in, on,	12192
along, over, or under any turnpike project. Whenever the	12193
commission determines that it is necessary that any public utility	12194
facilities located in, on, along, over, or under any turnpike	12195
project should be relocated in or removed from the turnpike	12196
project, the public utility owning or operating the facilities	12197
shall relocate or remove them in accordance with the order of the	12198
commission. Except as otherwise provided in any license or other	12199
agreement with the commission, the cost and expenses of such	12200
relocation or removal, including the cost of installing the	12201
facilities in a new location, the cost of any lands, or any rights	12202
or interests in lands, and any other rights, acquired to	12203
accomplish the relocation or removal, shall be ascertained and	12204
paid by the commission as part of the cost of the turnpike project	12205
or from revenues of the Ohio turnpike system. In case of any such	12206
relocation or removal of facilities, the public utility owning or	12207
operating them and its successors or assigns may maintain and	12208
operate the facilities, with the necessary appurtenances, in the	12209
new location, for as long a period, and upon the same terms, as it	12210
had the right to maintain and operate the facilities in their	12211
former location.	12212

(D) The commission is subject to Chapters 1515., 6131.,	12213
6133., 6135., and 6137. of the Revised Code and shall pay any	12214
assessments levied under those chapters for an improvement or	12215
maintenance of an improvement on land under the control or	12216
ownership of the commission.	12217

Sec. 5537.051. (A)(1) In any county that as of January 1,	12218
2011, had closed one or more roads as a result of grade separation	12219
failure at intersections of a turnpike project with a county or	12220
township road, the Ohio turnpike and infrastructure commission is	12221
responsible for the major maintenance and repair and replacement	12222
of failed grade separations. The governmental entity with	12223
jurisdiction over the county or township road is responsible for	12224
routine maintenance of such failed grade separations.	12225

(2) This section does not apply to any grade separation at	12226
intersections of a turnpike project with a county or township road	12227
except as described in division (A)(1) of this section.	12228

(3) Major maintenance and repair and replacement of	12229
aforementioned failed grade separations shall commence not later	12230
than July 1, 2011, and be completed before December 31, 2014.	12231

(B) As used in this section:

12232

(1) "Major maintenance and repair and replacement" relates to	12233
all elements constructed as part of or required for a grade	12234
separation, including bridges, pile, foundations, substructures,	12235
abutments, piers, superstructures, approach slabs, slopes,	12236
embankments, fences, and appurtenances.	12237

(2) "Routine maintenance" includes, without limitation,	12238
clearing debris, sweeping, snow and ice removal, wearing surface	12239
improvements, marking for traffic control, box culverts, drainage	12240
facilities including headwalls and underdrains, inlets, catch	12241
basins and grates, guardrails, minor and emergency repairs to	12242
railing and appurtenances, and emergency patching.	12243

Sec. 5537.06. (A) The Ohio turnpike and infrastructure	12244
commission may acquire by purchase, lease, lease-purchase, lease	12245
with option to purchase, appropriation, or otherwise and in such	12246
manner and for such consideration as it considers proper, any	12247
public or private property necessary, convenient, or proper for	12248
the construction, maintenance, or efficient operation of the Ohio	12249
turnpike system. The commission may pledge net revenues, to the	12250
extent permitted by this chapter with respect to bonds, to secure	12251
payments to be made by the commission under any such lease,	12252
lease-purchase agreement, or lease with option to purchase. Title	12253
to personal property, and interests less than a fee in real	12254
property, shall be held in the name of the commission. Title to	12255
real property held in fee shall be held in the name of the state	12256
for the use of the commission. In any proceedings for	12257
appropriation under this section, the procedure to be followed	12258
shall be in accordance with the procedure provided in sections	12259
163.01 to 163.22 of the Revised Code, including division (B) of	12260
section 163.06 of the Revised Code notwithstanding the limitation	12261
in that division of its applicability to roads open to the public	12262
without charge. Except as otherwise agreed upon by the owner, full	12263
compensation shall be paid for public property so taken.	12264

(B) This section does not authorize the commission to take or	12265
disturb property or facilities belonging to any public utility or	12266
to a common carrier engaged in interstate commerce, which property	12267
or facilities are required for the proper and convenient operation	12268
of the public utility or common carrier, unless provision is made	12269
for the restoration, relocation, replication, or duplication of	12270
the property or facilities elsewhere at the sole cost of the	12271
commission.	12272

(C) Disposition of real property shall be by the commission	12273
in the manner and for the consideration it determines if to a	12274
state agency or other governmental agency, and otherwise in the	12275
manner provided in section 5501.45 of the Revised Code for the	12276
disposition of property by the director of transportation.	12277
Disposition of personal property shall be in the manner and for	12278
the consideration the commission determines.	12279

(D) Any instrument by which real property is acquired	12280
pursuant to this section shall identify the agency of the state	12281
that has the use and benefit of the real property as specified in	12282
section 5301.012 of the Revised Code.	12283

Sec. 5537.07. (A) When the cost to the Ohio turnpike and	12284
infrastructure commission under any contract with a person other	12285
than a governmental agency involves an expenditure of more than	12286
fifty thousand dollars, the commission shall make a written	12287
contract with the lowest responsive and responsible bidder in	12288
accordance with section 9.312 of the Revised Code after	12289
advertisement for not less than two consecutive weeks in a	12290
newspaper of general circulation in Franklin county, and in such	12291
other publications as the commission determines, which notice	12292
shall state the general character of the work and the general	12293
character of the materials to be furnished, the place where plans	12294
and specifications therefor may be examined, and the time and	12295
place of receiving bids. The commission may require that the cost	12296
estimate for the construction, demolition, alteration, repair,	12297
improvement, renovation, or reconstruction of roadways and bridges	12298
for which the commission is required to receive bids be kept	12299
confidential and remain confidential until after all bids for the	12300
public improvement have been received or the deadline for	12301
receiving bids has passed. Thereafter, and before opening the bids	12302
submitted for the roadways and bridges, the commission shall make	12303
the cost estimate public knowledge by reading the cost estimate in	12304
a public place. The commission may reject any and all bids. The	12305
requirements of this division do not apply to contracts for the	12306
acquisition of real property or compensation for professional or	12307
other personal services.	12308

(B) Each bid for a contract for construction, demolition,	12309
alteration, repair, improvement, renovation, or reconstruction	12310
shall contain the full name of every person interested in it and	12311
shall meet the requirements of section 153.54 of the Revised Code.	12312

(C) Other than for a contract referred to in division (B) of	12313
this section, each bid for a contract that involves an expenditure	12314
in excess of one hundred fifty thousand dollars or any contract	12315
with a service facility operator shall contain the full name of	12316
every person interested in it and shall be accompanied by a	12317
sufficient bond or certified check on a solvent bank that if the	12318
bid is accepted a contract will be entered into and the	12319
performance of its proposal secured.	12320

(D) Other than a contract referred to in division (B) of this	12321
section, a bond with good and sufficient surety, in a form as	12322
prescribed and approved by the commission, shall be required of	12323
every contractor awarded a contract that involves an expenditure	12324
in excess of one hundred fifty thousand dollars or any contract	12325
with a service facility operator. The bond shall be in an amount	12326
equal to at least fifty per cent of the contract price and shall	12327
be conditioned upon the faithful performance of the contract.	12328

(E) Notwithstanding any other provisions of this section, the	12329
commission may establish a program to expedite special turnpike	12330
projects by combining the design and construction elements of any	12331
public improvement project into a single contract. The commission	12332
shall prepare and distribute a scope of work document upon which	12333
the bidders shall base their bids. At a minimum, bidders shall	12334
meet the requirements of section 4733.161 of the Revised Code.	12335
Except in regard to those requirements relating to providing	12336
plans, the commission shall award contracts following the	12337
requirements set forth in divisions (A), (B), (C), and (D) of this	12338
section.	12339

Sec. 5537.08. (A) The Ohio turnpike and infrastructure	12340
commission may provide by resolution for the issuance, at one time	12341
or from time to time, of revenue bonds of the state for the	12342
purpose of paying all or any part of the cost of any one or more	12343
turnpike projects or infrastructure projects. The bond service	12344
charges shall be payable solely from pledged revenues pledged for	12345
such payment pursuant to the applicable bond proceedings. The	12346
bonds of each issue shall be dated, shall bear interest at a rate	12347
or rates or at variable rates, and shall mature or be payable at	12348
such time or times, with a final maturity not to exceed forty	12349
years from their date or dates, all as determined by the	12350
commission in the bond proceedings. The commission shall determine	12351
the form of the bonds, including any interest coupons to be	12352
attached thereto, and shall fix the denomination or denominations	12353
of the bonds and the place or places of payment of bond service	12354
charges.	12355

(B) The bonds shall be signed by the chairperson or	12356
vice-chairperson of the commission or by the facsimile signature	12357
of that officer, the official seal of the commission or a	12358
facsimile thereof shall be affixed thereto or printed thereon and	12359
attested by the secretary-treasurer of the commission, which may	12360
be by facsimile signature, and any coupons attached thereto shall	12361
bear the facsimile signature of the chairperson or	12362
vice-chairperson of the commission. In case any officer whose	12363
signature, or a facsimile of whose signature, appears on any bonds	12364
or coupons ceases to be such officer before delivery of bonds,	12365
such signature or facsimile shall nevertheless be valid and	12366
sufficient for all purposes the same as if the officer had	12367
remained in office until such delivery.	12368

(C) Subject to the bond proceedings and provisions for	12369
registration, the bonds shall have all the qualities and incidents	12370
of negotiable instruments under Title XIII of the Revised Code.	12371
The bonds may be issued in such form or forms as the commission	12372
determines, including without limitation coupon, book entry, and	12373
fully registered form, and provision may be made for the	12374
registration of any coupon bonds as to principal alone and also as	12375
to both principal and interest, and for the exchange of bonds	12376
between forms. The commission may sell such bonds by competitive	12377
bid on the best bid after advertisement or request for bids or by	12378
private sale in the manner, and for the price, it determines to be	12379
for the best interest of the state. ~~The determination of the~~	12380
~~commission as to the manner of sale, by competitive bid or by~~	12381
~~private sale, shall be approved by the controlling board.~~	12382

(D) The proceeds of the bonds of each issue shall be used	12383
solely for the payment of the costs of the turnpike project or	12384
projects for which such bonds were issued, ~~and~~or for the payment	12385
of the costs of the infrastructure project or projects as approved	12386
by the commission under section 5537.18 of the Revised Code. The	12387
proceeds shall be disbursed in such manner and under such	12388
restrictions as the commission provides in the applicable bond	12389
proceedings.	12390

(E) Prior to the preparation of definitive bonds, the	12391
commission may, under like restrictions, issue interim receipts or	12392
temporary bonds or bond anticipation notes, with or without	12393
coupons, exchangeable for definitive bonds when such bonds have	12394
been executed and are available for delivery. The commission may	12395
provide for the replacement of any mutilated, stolen, destroyed,	12396
or lost bonds. Bonds may be issued by the commission under this	12397
chapter without obtaining the consent of any state agency, and	12398
without any other proceedings or the happening of any other	12399
conditions or things than those proceedings, conditions, or things	12400
that are specifically required by this chapter or those	12401
proceedings.	12402

(F) Sections 9.98 to 9.983 of the Revised Code apply to the	12403
bonds.	12404

(G) The bond proceedings shall provide, subject to the	12405
provisions of any other applicable bond proceedings, for the	12406
pledge to the payment of bond service charges and of any costs of	12407
or relating to credit enhancement facilities of all, or such part	12408
as the commission may determine, of the pledged revenues and the	12409
applicable special fund or funds, which pledges may be made to	12410
secure the bonds on a parity with bonds theretofore or thereafter	12411
issued if and to the extent provided in the bond proceedings.	12412
Every pledge, and every covenant and agreement with respect	12413
thereto, made in the bond proceedings may in the bond proceedings	12414
be extended to the benefit of the owners and holders of bonds and	12415
to any trustee and any person providing a credit enhancement	12416
facility for those bonds, for the further security for the payment	12417
of the bond service charges and credit enhancement facility costs.	12418

(H) The bond proceedings may contain additional provisions as	12419
to:	12420

(1) The redemption of bonds prior to maturity at the option	12421
of the commission or of the bondholders or upon the occurrence of	12422
certain stated conditions, and at such price or prices and under	12423
such terms and conditions as are provided in the bond proceedings;	12424

(2) Other terms of the bonds;

12425

(3) Limitations on the issuance of additional bonds;

12426

(4) The terms of any trust agreement securing the bonds or	12427
under which the same may be issued;	12428

(5) Any or every provision of the bond proceedings being	12429
binding upon the commission and state agencies, or other person as	12430
may from time to time have the authority under law to take such	12431
actions as may be necessary to perform all or any part of the duty	12432
required by such provision;	12433

(6) Any provision that may be made in a trust agreement;

12434

(7) Any other or additional agreements with the holders of	12435
the bonds, or the trustee therefor, relating to the bonds or the	12436
security for the bonds, including agreements for credit	12437
enhancement facilities.	12438

(I) Any holder of bonds or a trustee under the bond	12439
proceedings, except to the extent that the holder's or trustee's	12440
rights are restricted by the bond proceedings, may by any suitable	12441
form of legal proceedings, protect and enforce any rights under	12442
the laws of this state or granted by the bond proceedings. Those	12443
rights include the right to compel the performance of all duties	12444
of the commission and state agencies required by this chapter or	12445
the bond proceedings; to enjoin unlawful activities; and in the	12446
event of default with respect to the payment of any bond service	12447
charges on any bonds or in the performance of any covenant or	12448
agreement on the part of the commission contained in the bond	12449
proceedings, to apply to a court having jurisdiction of the cause	12450
to appoint a receiver to receive and administer the revenues and	12451
the pledged revenues which are pledged to the payment of the bond	12452
service charges on such bonds or which are the subject of the	12453
covenant or agreement, with full power to pay, and to provide for	12454
payment of, bond service charges on such bonds, and with such	12455
powers, subject to the direction of the court, as are accorded	12456
receivers in general equity cases, excluding any power to pledge	12457
additional revenues or receipts or other income, funds, or moneys	12458
of the commission or state agencies to the payment of such bond	12459
service charges and excluding the power to take possession of,	12460
mortgage, or cause the sale or otherwise dispose of any turnpike	12461
project or other property of the commission.	12462

(J) Each duty of the commission and the commission's officers	12463
and employees, undertaken pursuant to the bond proceedings, is	12464
hereby established as a duty of the commission, and of each such	12465
officer, member, or employee having authority to perform the duty,	12466
specifically enjoined by law resulting from an office, trust, or	12467
station within the meaning of section 2731.01 of the Revised Code.	12468

(K) The commission's officers or employees are not liable in	12469
their personal capacities on any bonds issued by the commission or	12470
any agreements of or with the commission relating to those bonds.	12471

(L) The bonds are lawful investments for banks, savings and	12472
loan associations, credit union share guaranty corporations, trust	12473
companies, trustees, fiduciaries, insurance companies, including	12474
domestic for life and domestic not for life, trustees or other	12475
officers having charge of sinking and bond retirement or other	12476
funds of the state or its political subdivisions and taxing	12477
districts, the commissioners of the sinking fund of the state, the	12478
administrator of workers' compensation, the state teachers	12479
retirement system, the public employees retirement system, the	12480
school employees retirement system, and the Ohio police and fire	12481
pension fund, notwithstanding any other provisions of the Revised	12482
Code or rules adopted pursuant thereto by any state agency with	12483
respect to investments by them, and are also acceptable as	12484
security for the repayment of the deposit of public moneys.	12485

(M) Provision may be made in the applicable bond proceedings	12486
for the establishment of separate accounts in the bond service	12487
fund and for the application of such accounts only to the	12488
specified bond service charges pertinent to such accounts and bond	12489
service fund, and for other accounts therein within the general	12490
purposes of such fund.	12491

(N) The commission may pledge all, or such portion as it	12492
determines, of the pledged revenues to the payment of bond service	12493
charges, and for the establishment and maintenance of any reserves	12494
and special funds, as provided in the bond proceedings, and make	12495
other provisions therein with respect to pledged revenues,	12496
revenues, and net revenues as authorized by this chapter, which	12497
provisions are controlling notwithstanding any other provisions of	12498
law pertaining thereto.	12499

Sec. 5537.09. The Ohio turnpike and infrastructure	12500
commission may provide by resolution for the issuance of revenue	12501
bonds of the state, payable solely from pledged revenues, for the	12502
purpose of refunding any bonds then outstanding, including the	12503
payment of related financing expenses and, if considered advisable	12504
by the commission, for the additional purpose of paying costs of	12505
improvements, extensions, renovations, or enlargements of any	12506
turnpike project or any infrastructure project. The issuance of	12507
refunding bonds, the maturities and other details thereof, the	12508
rights of the holders thereof, and the rights, duties, and	12509
obligations of the commission in respect to such bonds shall be	12510
governed by the provisions of this chapter insofar as they are	12511
applicable and by the applicable bond proceedings.	12512

Sec. 5537.11. (A) The bonds do not constitute a debt, or a	12513
pledge of the faith and credit, of the state or of any political	12514
subdivision of the state. Bond service charges on outstanding	12515
bonds are payable solely from the pledged revenues pledged for	12516
their payment as authorized by this chapter and as provided in the	12517
bond proceedings. All turnpike and infrastructure revenue bonds	12518
shall contain on their face a statement to that effect.	12519

(B) All expenses incurred in carrying out this chapter shall	12520
be payable solely from revenues provided under this chapter and	12521
from state taxes. This chapter does not authorize the Ohio	12522
turnpike and infrastructure commission to incur indebtedness or	12523
liability on behalf of or payable by the state or any political	12524
subdivision of the state.	12525

Sec. 5537.12. (A) In the discretion of the Ohio turnpike and	12526
infrastructure commission any bonds may be secured by a trust	12527
agreement between the commission and a corporate trustee, which	12528
may be any trust company or bank having the powers of a trust	12529
company within or without the state but authorized to exercise	12530
trust powers within this state.	12531

(B) Any trust agreement may pledge or assign the revenues to	12532
be received, but shall not convey or mortgage any turnpike project	12533
or infrastructure project, any part of a turnpike project or	12534
infrastructure project, or any part of the Ohio turnpike system or	12535
the Ohio turnpike and infrastructure system. Any such trust	12536
agreement or other bond proceedings may contain provisions for	12537
protecting and enforcing the rights and remedies of the	12538
bondholders that are reasonable and proper and not in violation of	12539
law, including covenants setting forth the duties of the	12540
commission in relation to the acquisition of property, and the	12541
construction, maintenance, repair, operation, and insurance of the	12542
turnpike project or projects in connection with which the bonds	12543
are authorized, the rates of toll to be charged, and the custody,	12544
safeguarding, and application of all moneys, and provisions for	12545
the employment or retention of the services of consulting	12546
engineers in connection with the construction, maintenance, or	12547
operation of the turnpike project or projects. Any bank or trust	12548
company incorporated under the laws of this state which may act as	12549
depository of the proceeds of bonds or of revenues may furnish	12550
such indemnifying bonds or may pledge such securities as are	12551
required by the commission. Any such trust agreement may set forth	12552
the rights and remedies of the bondholders and of the trustee, may	12553
restrict the individual right of action by bondholders as is	12554
customary in revenue bond trust agreements of public bodies, and	12555
may contain other provisions that the commission considers	12556
reasonable and proper for the security of the bondholders. All	12557
expenses incurred in entering into or carrying out the provisions	12558
of such a trust agreement may be treated as a part of the cost, or	12559
of the cost of the operation, of the turnpike project or projects.	12560

Sec. 5537.13. (A) Subject to division (C)(1) of this section	12561
and section 5537.26 of the Revised Code, the Ohio turnpike and	12562
infrastructure commission may fix, revise, charge, and collect	12563
tolls for each turnpike project, and contract in the manner	12564
provided by this section with any person desiring the use of any	12565
part thereof, including the right-of-way adjoining the paved	12566
portion, for placing thereon telephone, electric light, or power	12567
lines, service facilities, or for any other purpose, and fix the	12568
terms, conditions, rents, and rates of charge for such use,	12569
provided that no toll, charge, or rental may be made by the	12570
commission for placing in, on, along, over, or under the turnpike	12571
project, equipment or public utility facilities that are necessary	12572
to serve service facilities or to interconnect any public utility	12573
facilities.	12574

(B) Contracts for the operation of service facilities shall	12575
be made in writing. Such contracts, except contracts with state	12576
agencies or other governmental agencies, shall be made with the	12577
bidder whose bid is determined by the commission to be the best	12578
bid received, after advertisement for two consecutive weeks in a	12579
newspaper of general circulation in Franklin county, and in other	12580
publications that the commission determines. The notice shall	12581
state the general character of the service facilities operation	12582
proposed, the place where plans and specifications may be	12583
examined, and the time and place of receiving bids. Bids shall	12584
contain the full name of each person interested in them, and shall	12585
be in such form as the commission requires. The commission may	12586
reject any and all bids. All contracts for service facilities	12587
shall be preserved in the principal office of the commission.	12588

(C) ~~Tolls~~(1) For calendar years 2013 through 2023, the	12589
commission shall not increase the toll rates for any class of	12590
vehicle as fixed on the effective date of this amendment, when	12591
both of the following apply:	12592

(a) The tolls are collected and remitted in accordance with a	12593
multi-jurisdiction electronic toll collection agreement; and	12594

(b) The distance traveled is thirty miles or less.

12595

(2) Subject to division (C)(1) of this section, tolls shall	12596
be so fixed and adjusted as to provide funds at least sufficient	12597
with other revenues of the Ohio turnpike system, if any, to pay:	12598

~~(1)~~(a) The cost of maintaining, improving, repairing,	12599
constructing, and operating the Ohio turnpike system and its	12600
different parts and sections, and to create and maintain any	12601
reserves for those purposes;	12602

~~(2)~~(b) Any unpaid bond service charges on outstanding bonds	12603
payable from pledged revenues as such charges become due and	12604
payable, and to create and maintain any reserves for that purpose.	12605

(D) Tolls are not subject to supervision, approval, or	12606
regulation by any state agency other than the turnpike and	12607
infrastructure commission.	12608

(E) Revenues derived from each turnpike project ~~in connection~~	12609
~~with which any bonds are outstanding~~ shall be first applied to pay	12610
the cost of maintenance, improvement, repair, and operation and to	12611
provide any reserves therefor that are provided for in the bond	12612
proceedings authorizing the issuance of those outstanding bonds,	12613
and otherwise as provided by the commission~~, and the balance~~. The	12614
bond proceedings also shall provide, subject to the provisions of	12615
any other applicable bond proceedings, for the pledge of all, or	12616
such part as the commission may determine of the pledged revenues	12617
~~shall be set aside, at such regular intervals as are provided in~~	12618
~~the bond proceedings, in a bond service fund, which is hereby~~	12619
~~pledged to and charged with~~and the applicable special fund or	12620
funds to the payment of the bond service charges ~~on any such~~	12621
~~outstanding bonds as provided in the applicable~~, which pledge may	12622
be made to secure the bonds senior or subordinate to or on a	12623
parity with bonds theretofore or thereafter issued, if and to the	12624
extent provided in the bond proceedings. The pledge shall be valid	12625
and binding from the time the pledge is made; the revenues and the	12626
pledged revenues thereafter received by the commission immediately	12627
shall be subject to the lien of the pledge without any physical	12628
delivery thereof or further act, and the lien of the pledge shall	12629
be valid and binding as against all parties having claims of any	12630
kind in tort, contract, or otherwise against the commission,	12631
whether or not those parties have notice thereof. The bond	12632
proceedings by which a pledge is created need not be filed or	12633
recorded except in the records of the commission. The use and	12634
disposition of moneys to the credit of a bond service fund shall	12635
be subject to the applicable bond proceedings. ~~Except as is~~	12636
~~otherwise provided in such bond proceedings, such a bond service~~	12637
~~fund shall be a fund for all such bonds, without distinction or~~	12638
~~priority of one over another.~~	12639

(F) The proceeds of bonds issued for the payment of the costs	12640
of infrastructure projects, net of the payment of all financing	12641
expenses and deposits into debt service reserves or other special	12642
funds as may be required in the applicable bond proceedings, shall	12643
be deposited to the infrastructure fund or funds and shall be	12644
exclusively used to pay the cost of infrastructure projects	12645
approved by the commission, except that income earned by the	12646
infrastructure fund may be used by the commission towards the	12647
payment of bond service charges.	12648

Sec. 5537.14. All moneys received by the Ohio turnpike and	12649
infrastructure commission under this chapter, whether as proceeds	12650
from the sale of bonds or as revenues, are to be held and applied	12651
solely as provided in this chapter and in any applicable bond	12652
proceedings. Such moneys shall be kept in depositories as selected	12653
by the commission in the manner provided in sections 135.01 to	12654
135.21 of the Revised Code, insofar as such sections are	12655
applicable, and the deposits shall be secured as provided in	12656
sections 135.01 to 135.21 of the Revised Code. The bond	12657
proceedings shall provide that any officer to whom, or any bank or	12658
trust company to which, revenues or pledged revenues are paid	12659
shall act as trustee of such moneys and hold and apply them for	12660
the purposes thereof, subject to applicable provisions of this	12661
chapter and the bond proceedings.	12662

Sec. 5537.15. Any holder of bonds issued and outstanding	12663
under this chapter, or any of the coupons appertaining thereto,	12664
and the trustee under any trust agreement, except to the extent	12665
the rights given by this chapter may be restricted or modified by	12666
the bond proceedings, may by suit, action, mandamus, or other	12667
proceedings, protect and enforce any rights under the laws of the	12668
state or granted under this chapter or the bond proceedings, and	12669
may enforce and compel the performance of all duties required by	12670
this chapter or the bond proceedings, to be performed by the Ohio	12671
turnpike and infrastructure commission or any officer of the	12672
commission, including the fixing, charging, collecting, and	12673
application of tolls.	12674

Sec. 5537.16. (A) The Ohio turnpike and infrastructure	12675
commission may adopt such bylaws and rules as it considers	12676
advisable for the control and regulation of traffic on any	12677
turnpike project, for the protection and preservation of property	12678
under its jurisdiction and control, for the maintenance and	12679
preservation of good order within the property under its control,	12680
and for the purpose of establishing owner or operator liability	12681
for failure to comply with toll collection rules. The rules of the	12682
commission with respect to the speed, use of special engine	12683
brakes, axle loads, vehicle loads, and vehicle dimensions of	12684
vehicles on turnpike projects, including the issuance of a special	12685
permit by the commission to allow the operation on any turnpike	12686
project of a motor vehicle transporting two or fewer steel coils,	12687
shall apply notwithstanding sections 4511.21 to 4511.24, 4513.34,	12688
and Chapter 5577. of the Revised Code. Such bylaws and rules shall	12689
be published in a newspaper of general circulation in Franklin	12690
county, and in such other manner as the commission prescribes.	12691

(B) Such rules shall provide that public police officers	12692
shall be afforded ready access, while in the performance of their	12693
official duty, to all property under the jurisdiction of the	12694
commission and without the payment of tolls.	12695

(C) No person shall violate any such bylaws or rules of the	12696
commission.	12697

(D)(1) All fines collected for the violation of applicable	12698
laws of the state and the bylaws and rules of the commission or	12699
moneys arising from bonds forfeited for such violation shall be	12700
disposed of in accordance with section 5503.04 of the Revised	12701
Code.	12702

(2) All fees or charges assessed by the commission against an	12703
owner or operator of a vehicle as a civil violation for failure to	12704
comply with toll collection or toll evasion rules shall be	12705
revenues of the commission.	12706

Sec. 5537.17. (A) Each turnpike project open to traffic	12707
shall be maintained and kept in good condition and repair by the	12708
Ohio turnpike and infrastructure commission. The Ohio turnpike	12709
system shall be policed and operated by a force of police, toll	12710
collectors, and other employees and agents that the commission	12711
employs or contracts for.	12712

(B) All public or private property damaged or destroyed in	12713
carrying out the powers granted by this chapter shall be restored	12714
or repaired and placed in its original condition, as nearly as	12715
practicable, or adequate compensation or consideration made	12716
therefor out of moneys provided under this chapter.	12717

(C) All governmental agencies may lease, lend, grant, or	12718
convey to the commission at its request, upon terms that the	12719
proper authorities of the governmental agencies consider	12720
reasonable and fair and without the necessity for an	12721
advertisement, order of court, or other action or formality, other	12722
than the regular and formal action of the authorities concerned,	12723
any property that is necessary or convenient to the effectuation	12724
of the purposes of the commission, including public roads and	12725
other property already devoted to public use.	12726

(D) Each bridge constituting part of a turnpike project shall	12727
be inspected at least once each year by a professional engineer	12728
employed or retained by the commission.	12729

(E) On or before the first day of July in each year, the	12730
commission shall make an annual report of its activities for the	12731
preceding calendar year to the governor and the general assembly.	12732
Each such report shall set forth a complete operating and	12733
financial statement covering the commission's operations and	12734
funding of any turnpike projects and infrastructure projects	12735
during the year. The commission shall cause an audit of its books	12736
and accounts to be made at least once each year by certified	12737
public accountants, and the cost thereof may be treated as a part	12738
of the cost of operations of the commission. The auditor of state,	12739
at least once a year and without previous notice to the	12740
commission, shall audit the accounts and transactions of the	12741
commission.	12742

(F) The commission shall submit a copy of its annual audit by	12743
the auditor of state and its proposed annual budget for each	12744
calendar or fiscal year to the governor, the presiding officers of	12745
each house of the general assembly, the director of budget and	12746
management, and the legislative service commission no later than	12747
the first day of that calendar or fiscal year.	12748

(G) Upon request of the chairperson of the appropriate	12749
standing committee or subcommittee of the senate and house of	12750
representatives that is primarily responsible for considering	12751
transportation budget matters, the commission shall appear at	12752
least one time before each committee or subcommittee during the	12753
period when that committee or subcommittee is considering the	12754
biennial appropriations for the department of transportation and	12755
shall provide testimony outlining its budgetary results for the	12756
last two calendar years, including a comparison of budget and	12757
actual revenue and expenditure amounts. The commission also shall	12758
address its current budget and long-term capital plan.	12759

(H) Not more than sixty nor less than thirty days before	12760
adopting its annual budget, the commission shall submit a copy of	12761
its proposed annual budget to the governor, the presiding officers	12762
of each house of the general assembly, the director of budget and	12763
management, and the legislative service commission. The office of	12764
budget and management shall review the proposed budget and may	12765
provide recommendations to the commission for its consideration.	12766

Sec. 5537.18. (A) The Ohio turnpike and infrastructure	12767
commission shall adopt rules establishing the procedures and	12768
criteria under which the commission may approve an application	12769
received from the director of transportation for infrastructure	12770
project funding under division (B) of this section. The rules	12771
shall require an infrastructure project to have an anticipated	12772
benefit to the system of public highways in the state of Ohio and	12773
transportation-related nexus with and relationship to the Ohio	12774
turnpike system and the Ohio turnpike and infrastructure system.	12775
The criteria included in the rules for determining if an	12776
infrastructure project has the required nexus and relationship to	12777
the Ohio turnpike system and the Ohio turnpike and infrastructure	12778
system and the criteria for approving an application for	12779
infrastructure project funding submitted by the director of	12780
transportation shall include the following:	12781

(1) A physical proximity of the infrastructure project to and	12782
a direct or indirect physical connection between the	12783
infrastructure project and the Ohio turnpike system;	12784

(2) The impact of the infrastructure project on traffic	12785
density, flow through, or capacity on the Ohio turnpike system;	12786

(3) The impact of the infrastructure project on the Ohio	12787
turnpike system toll revenue or other revenues;	12788

(4) The impact of the infrastructure project on the movement	12789
of goods and services on or in the area of the Ohio turnpike	12790
system; and	12791

(5) The enhancement or improvement by and through the	12792
infrastructure project of access to, use of, and egress from the	12793
Ohio turnpike system and access to and from connected areas of	12794
population, commerce, and industry.	12795

(B) The director of transportation may submit an application	12796
to the commission for infrastructure project funding. An	12797
application to the commission for infrastructure project funding,	12798
as submitted by the director, shall include only infrastructure	12799
projects that previously have been reviewed and recommended by the	12800
transportation review advisory council pursuant to the selection	12801
process followed by the council under Chapter 5512. of the Revised	12802
Code. In selecting infrastructure projects for which applications	12803
will be made to the commission for infrastructure project funding,	12804
the director shall consider the physical proximity of the project	12805
to the Ohio turnpike system. Not less than ninety per cent of the	12806
total moneys deposited in the infrastructure fund or funds shall	12807
be expended on infrastructure projects any portion of which are	12808
located within seventy-five miles of the Ohio turnpike system.	12809

By rule, the director may establish guidelines under which an	12810
application may be made for infrastructure project funding that	12811
combines separate projects if the combination of projects is	12812
necessary to satisfy any funding threshold required for approval	12813
by the transportation review advisory council and the individual	12814
projects have a nexus to the Ohio turnpike system and also address	12815
a critical public safety concern or have a significant economic	12816
impact.	12817

(C) The commission shall evaluate each application for	12818
infrastructure project funding submitted under division (B) of	12819
this section in accordance with the procedures and criteria	12820
established in rules adopted under division (A) of this section. A	12821
determination or approval made under this section is conclusive	12822
and incontestable.	12823

(D) Nothing in this section shall interfere with the	12824
authority of the director of transportation under Chapter 5512. of	12825
the Revised Code.	12826

Sec. 5537.19. The Ohio turnpike and infrastructure	12827
commission shall expend such moneys as the commission considers	12828
necessary for studies of any turnpike project or infrastructure	12829
project, whether proposed, under construction, or in operation,	12830
and may employ consulting engineers, traffic engineers, and any	12831
other individuals or firms that the commission considers necessary	12832
to properly implement the studies. The cost of the studies may be	12833
paid from revenues, eligible state and federal grants, state taxes	12834
available to the commission and permitted by law to be spent for	12835
such purposes, or the proceeds of bonds.	12836

Sec. 5537.20. The exercise of the powers granted by this	12837
chapter is in all respects for the benefit of the people of the	12838
state, for the increase of their commerce and prosperity, and for	12839
the improvement of their health and living conditions, and as the	12840
construction, operation, and maintenance of the Ohio turnpike	12841
system by the Ohio turnpike and infrastructure commission	12842
constitute the performance of essential governmental functions,	12843
the commission, except as provided in division (D) of section	12844
5537.05 of the Revised Code, shall not be required to pay any	12845
state or local taxes or assessments upon any turnpike project or	12846
infrastructure project funded by it, or upon revenues or any	12847
property acquired or used by the commission under this chapter, or	12848
upon the income therefrom. The bonds issued under this chapter,	12849
their transfer, and the income therefrom, including any profit	12850
made on the sale thereof, shall at all times be free from taxation	12851
within the state.	12852

Sec. 5537.21. (A) When bond service charges on all	12853
outstanding bonds issued in connection with any turnpike project	12854
have been paid or provision for that payment has been made, as	12855
provided in the applicable bond proceedings, or in the case of a	12856
turnpike project in connection with which no bonds have been	12857
issued, the project shall continue to be or be operated, and	12858
improved and maintained, by the Ohio turnpike and infrastructure	12859
commission as a part of the Ohio turnpike system and as a toll	12860
road, and all revenues received by the commission relating to that	12861
project shall be applied as provided in division (B) of this	12862
section.	12863

(B) Subject to the bond proceedings for bonds relating to any	12864
turnpike project or infrastructure project, tolls relating to a	12865
turnpike project as referred to in division (A) of this section	12866
shall be so fixed and adjusted such that the aggregate of	12867
available revenues relating to that turnpike project ~~and available~~	12868
~~for the purpose~~ are in amounts ~~to provide moneys~~at least	12869
sufficient~~, and those revenues shall be used,~~ to pay the costs	12870
described in division (C)~~(1)~~(2)(a) of section 5537.13 of the	12871
Revised Code.	12872

Sec. 5537.22. All final actions of the Ohio turnpike and	12873
infrastructure commission shall be journalized and such journal	12874
shall be open to the inspection of the public at all reasonable	12875
times.	12876

Sec. 5537.24. (A) There is hereby created a turnpike	12877
legislative review committee consisting of six members as follows:	12878

(1) Three members of the senate, no more than two of whom	12879
shall be members of the same political party, one of whom shall be	12880
the chairperson of the committee dealing primarily with highway	12881
matters, one of whom shall be appointed by the president of the	12882
senate, and one of whom shall be appointed by the minority leader	12883
of the senate.	12884

Both the senate member who is appointed by the president of	12885
the senate and the senate member appointed by the minority leader	12886
of the senate shall represent either districts in which is located	12887
or through which passes a portion of a turnpike project that is	12888
part of the Ohio turnpike system or districts located in the	12889
vicinity of a turnpike project that is part of the Ohio turnpike	12890
system.	12891

The president of the senate shall make the president of the	12892
senate's appointment to the committee first, followed by the	12893
minority leader of the senate, and they shall make their	12894
appointments in such a manner that their two appointees represent	12895
districts that are located in different areas of the state. If the	12896
chairperson of the senate committee dealing primarily with highway	12897
matters represents a district in which is located or through which	12898
passes a portion of a turnpike project that is part of the Ohio	12899
turnpike system or a district located in the vicinity of a	12900
turnpike project that is part of the Ohio turnpike system, the	12901
president of the senate and the minority leader of the senate	12902
shall make their appointments in such a manner that their two	12903
appointees and the chairperson of the senate committee dealing	12904
primarily with highway matters all represent districts that are	12905
located in different areas of the state.	12906

(2) Three members of the house of representatives, no more	12907
than two of whom shall be members of the same political party, one	12908
of whom shall be the chairperson of the house of representatives	12909
committee dealing primarily with highway matters, one of whom	12910
shall be appointed by the speaker of the house of representatives,	12911
and one of whom shall be appointed by the minority leader of the	12912
house of representatives.	12913

Both the house of representatives member who is appointed by	12914
the speaker of the house of representatives and the house of	12915
representatives member appointed by the minority leader of the	12916
house of representatives shall represent either districts in which	12917
is located or through which passes a portion of a turnpike project	12918
that is part of the Ohio turnpike system or districts located in	12919
the vicinity of a turnpike project that is part of the Ohio	12920
turnpike system.	12921

The speaker of the house of representatives shall make the	12922
speaker of the house of representative's appointment to the	12923
committee first, followed by the minority leader of the house of	12924
representatives, and they shall make their appointments in such a	12925
manner that their two appointees represent districts that are	12926
located in different areas of the state. If the chairperson of the	12927
house of representatives committee dealing primarily with highway	12928
matters represents a district in which is located or through which	12929
passes a portion of a turnpike project that is part of the Ohio	12930
turnpike system or a district located in the vicinity of a	12931
turnpike project that is part of the Ohio turnpike system, the	12932
speaker of the house of representatives and the minority leader of	12933
the house of representatives shall make their appointments in such	12934
a manner that their two appointees and the chairperson of the	12935
house of representatives committee dealing primarily with highway	12936
matters all represent districts that are located in different	12937
areas of the state.	12938

The chairperson of the house of representatives committee	12939
shall serve as the chairperson of the turnpike legislative review	12940
committee for the year 1996. Thereafter, the chair annually shall	12941
alternate between, first, the chairperson of the senate committee	12942
and then the chairperson of the house of representatives	12943
committee.	12944

(B) Each member of the turnpike legislative review committee	12945
who is a member of the general assembly shall serve a term of the	12946
remainder of the general assembly during which the member is	12947
appointed or is serving as chairperson of the specified senate or	12948
house committee. In the event of the death or resignation of a	12949
committee member who is a member of the general assembly, or in	12950
the event that a member ceases to be a senator or representative,	12951
or in the event that the chairperson of the senate committee	12952
dealing primarily with highway matters or the chairperson of the	12953
house of representatives committee dealing primarily with highway	12954
matters ceases to hold that position, the vacancy shall be filled	12955
through an appointment by the president of the senate or the	12956
speaker of the house of representatives or minority leader of the	12957
senate or house of representatives, as applicable. Any member	12958
appointed to fill a vacancy occurring prior to the end of the term	12959
for which the member's predecessor was appointed shall hold office	12960
for the remainder of the term or for a shorter period of time as	12961
determined by the president or the speaker. A member of the	12962
committee is eligible for reappointment.	12963

(C) The turnpike legislative review committee shall meet at	12964
least quarterly and may meet at the call of its chairperson, or	12965
upon the written request to the chairperson of not fewer than four	12966
members of the committee. Meetings shall be held at sites that are	12967
determined solely by the chairperson of the committee. At each	12968
meeting, the Ohio turnpike and infrastructure commission shall	12969
make a report to the committee on commission matters, including	12970
but not limited to financial and budgetary matters and proposed	12971
and on-going construction, maintenance, repair, and operational	12972
projects of the commission.	12973

The committee, by the affirmative vote of at least four of	12974
its members, may submit written recommendations to the commission,	12975
either at meetings held pursuant to this section or at any other	12976
time, describing new turnpike projects or new interchanges located	12977
on existing projects that the committee believes the commission	12978
should consider constructing.	12979

(D) At least annually the commission shall make a report to	12980
the committee of those infrastructure projects approved and paid	12981
for by the commission.	12982

(E) The members of the turnpike legislative review committee	12983
who are members of the general assembly shall serve without	12984
compensation, but shall be reimbursed by the commission for their	12985
actual and necessary expenses incurred in the discharge of their	12986
official duties as committee members. Serving as a member of the	12987
turnpike legislative review committee does not constitute grounds	12988
for resignation from the senate or house of representatives under	12989
section 101.26 of the Revised Code.	12990

Sec. 5537.25. (A) Notwithstanding any provision of law to	12991
the contrary, the Ohio turnpike and infrastructure commission	12992
shall make no expenditure to engage the services of any person to	12993
influence either of the following:	12994

(1) Administrative actions or decisions of the governor, the	12995
director of any department listed in section 121.02 of the Revised	12996
Code, any member of the staff of any public officer or employee	12997
listed in this section, the president of the United States, or any	12998
federal officer or employee;	12999

(2) Legislation pending in this state or any other state, a	13000
subdivision of this state or any other state, or the federal	13001
government, including the executive approval or veto of any such	13002
pending legislation.	13003

(B) This section shall not be interpreted to prohibit the	13004
commission from designating officers or members of the commission,	13005
or full-time, permanent employees of the commission, to act as	13006
administrative or legislative agents for the commission.	13007

Sec. 5537.26. (A) Except as provided in division (D) of this	13008
section, no increase by the Ohio turnpike and infrastructure	13009
commission in the toll rate structure that is applicable to	13010
vehicles operating on a turnpike project shall become effective	13011
unless the commission complies with the notice and hearing	13012
requirements prescribed in division (B) of this section, and the	13013
commission shall not take any action that expands, has the effect	13014
of expanding, or will to any degree at any time in the future have	13015
the effect of expanding the sphere of responsibility of the	13016
commission beyond the Ohio turnpike, unless the commission	13017
complies with the notice and hearing requirements prescribed in	13018
division (B) of this section.	13019

(B) Not less than ninety days prior to the date on which the	13020
commission votes to increase any part of the toll rate structure	13021
that is applicable to vehicles operating on a turnpike project,	13022
and not less than ninety days prior to the date on which the	13023
commission votes to take an action that expands, has the effect of	13024
expanding, or will to any degree at any time in the future have	13025
the effect of expanding the sphere of responsibility of the	13026
commission beyond the Ohio turnpike, the commission shall do both	13027
of the following:	13028

(1) Send notice to the governor and the presiding officers	13029
and minority leaders of the senate and house of representatives	13030
that details the proposed increase to the toll rate structure or	13031
the expansion of the sphere of responsibility of the commission	13032
beyond the Ohio turnpike, including a description of and a	13033
justification for the increase or expansion;	13034

(2) Commence holding public hearings on the proposed increase	13035
in the toll rate structure or the proposed action. If the	13036
commission is proposing an increase in the toll rate structure	13037
that is applicable to vehicles operating on a turnpike project, it	13038
shall hold not less than three public hearings in three	13039
geographically diverse locations in this state that are in the	13040
immediate vicinity of the affected project. If the commission is	13041
proposing to take an action that expands, has the effect of	13042
expanding, or will to any degree at any time in the future have	13043
the effect of expanding the sphere of responsibility of the	13044
commission beyond the Ohio turnpike, it shall hold not less than	13045
three public hearings in three locations in the immediate vicinity	13046
where the expanded responsibilities would arise.	13047

The commission shall hold the third or, if it holds more than	13048
three hearings, the last hearing of any set of hearings required	13049
to be held under this section not less than thirty days prior to	13050
the date on which it votes to increase part of the toll rate	13051
structure that is applicable to vehicles operating on a turnpike	13052
project or to take an action that expands, has the effect of	13053
expanding, or will to any degree at any time in the future have	13054
the effect of expanding the sphere of responsibility of the	13055
commission beyond the Ohio turnpike.	13056

The commission shall inform the public of all the hearings	13057
required to be held under this section by causing a notice to be	13058
published in a newspaper of general circulation in the county in	13059
which each hearing is to be held, not less than once per week for	13060
two weeks prior to the date of the hearing.	13061

(C) If the commission does not comply with the notice and	13062
hearing requirements contained in division (B) of this section and	13063
votes for an increase in the toll rate structure that is	13064
applicable to vehicles operating on a turnpike project, the	13065
increase in the toll rate structure shall not take effect, any	13066
attempt by the commission to implement the increase in the toll	13067
rate structure is void, and, if necessary, the attorney general	13068
shall file an action in the court of common pleas of the county in	13069
which the principal office of the commission is located to enjoin	13070
the commission from implementing the increase. The commission	13071
shall not implement any increase until it complies with division	13072
(B) of this section.	13073

If the commission does not comply with the notice and hearing	13074
requirements contained in division (B) of this section and votes	13075
to take an action that expands, has the effect of expanding, or	13076
will to any degree at any time in the future have the effect of	13077
expanding the sphere of responsibility of the commission beyond	13078
the Ohio turnpike, the commission shall not take the proposed	13079
action and, if necessary, the attorney general shall file an	13080
action in the court of common pleas of the county in which the	13081
principal office of the commission is located to enjoin the	13082
commission from taking the proposed action. The commission shall	13083
not take the proposed action until it complies with the notice and	13084
hearing requirements prescribed in division (B) of this section.	13085

(D) Divisions (A) to (C) of this section do not apply to any	13086
decrease made to the toll rate structure by the commission. The	13087
commission may implement a temporary decrease in the toll rate	13088
structure only if it does not exceed eighteen months in duration.	13089
Prior to instituting any decrease to the toll rate structure, the	13090
commission shall do both of the following:	13091

(1) Not less than five days prior to any public meeting under	13092
division (D)(2) of this section, send notice to the governor and	13093
the presiding officers and minority leaders of the senate and	13094
house of representatives that details the proposed decrease to the	13095
toll rate structure;	13096

(2) Hold a public meeting to explain to members of the	13097
traveling public the reasons for the upcoming decrease, to inform	13098
them of any benefits and any negative consequences, and to give	13099
them the opportunity to express their opinions as to the relative	13100
merits or drawbacks of each toll decrease. The commission shall	13101
inform the public of the meeting by causing a notice to be	13102
published in newspapers of general circulation in Cuyahoga, Lucas,	13103
Mahoning, Trumbull, Williams, and Summit counties not less than	13104
five days prior to the meeting. The commission shall not be	13105
required to hold any public hearing or meeting upon the expiration	13106
of any temporary decrease in the toll rate structure, so long as	13107
it implements the same toll rate structure that was in effect	13108
immediately prior to the temporary decrease.	13109

(E) As used in this section, "Ohio turnpike" means the toll	13110
freeway that is under the jurisdiction of the commission and runs	13111
in an easterly and westerly direction across the entire northern	13112
portion of this state between its borders with the state of	13113
Pennsylvania in the east and the state of Indiana in the west, and	13114
carries the interstate highway designations of interstate	13115
seventy-six, interstate eighty, and interstate eighty-ninety.	13116

Sec. 5537.27. The Ohio turnpike and infrastructure	13117
commission, the director of transportation or the director's	13118
designee, and another person designated by the governor shall	13119
establish a procedure whereby a political subdivision or other	13120
government agency or agencies may submit a written application to	13121
the commission, requesting the commission to construct and operate	13122
a turnpike project within the boundaries of the subdivision,	13123
agency, or agencies making the request. The procedure shall	13124
include a requirement that the commission send a written reply to	13125
the subdivision, agency, or agencies, explaining the disposition	13126
of the request. The procedure established pursuant to this section	13127
shall not become effective unless it is approved by the commission	13128
and by the director or the director's designee and the designee of	13129
the governor, and shall require submission of the proposed	13130
turnpike project to the turnpike legislative review committee if	13131
the project must be approved by the governor.	13132

Sec. 5537.28. (A) ~~Notwithstanding any other provision of~~	13133
~~law, on and after the effective date of this section, the Ohio~~	13134
~~turnpike commission shall not expend any toll revenues that are~~	13135
~~generated by an existing turnpike project to fund in any manner or~~	13136
~~to any degree the construction, operation, maintenance, or repair~~	13137
~~of another turnpike project the location of which must be reviewed~~	13138
~~by the turnpike legislative review committee and approved by the~~	13139
~~governor.~~	13140

In paying the cost of ~~such a~~any turnpike project, the Ohio	13141
turnpike and infrastructure commission may issue bonds and bond	13142
anticipation notes as permitted by this chapter, and may accept	13143
moneys from any source to pay the cost of any portion of the	13144
turnpike project, including, but not limited to, the federal	13145
government, any department or agency of this state, and any	13146
political subdivision or other government agency. Each such	13147
project shall be constructed, operated, maintained, and repaired	13148
~~entirely~~ with funds ~~generated by that project or otherwise~~	13149
specifically acquired for that project or from ~~sources permitted~~	13150
~~by this chapter~~excess funds available from any other turnpike	13151
project.	13152

(B) ~~The commission shall not expend any toll revenues~~	13153
~~generated by the Ohio turnpike to pay any amount of the principal~~	13154
~~amount of, or interest due on, any bonds or bond anticipation~~	13155
~~notes issued by the commission to pay any portion of the cost of~~	13156
~~another turnpike project the location of which must be reviewed by~~	13157
~~the turnpike legislative review committee and approved by the~~	13158
~~governor. The commission shall not expend any toll revenues~~	13159
~~generated by any turnpike project to pay any amount of the~~	13160
~~principal amount of, or interest due on, any bonds or bond~~	13161
~~anticipation notes issued by the commission to pay any portion of~~	13162
~~the cost of a new turnpike project the location of which must be~~	13163
~~reviewed by the turnpike legislative review committee and approved~~	13164
~~by the governor or the cost of the operation, repair, improvement,~~	13165
~~maintenance, or reconstruction of any turnpike project other than~~	13166
~~the project that generated those toll revenues.~~	13167

~~(C)~~ As used in this section:

13168

~~(1) "Ohio turnpike" has the same meaning as in division (E)~~	13169
~~of section 5537.26 of the Revised Code;~~	13170

~~(2) "Another~~"any turnpike project" does not include	13171
infrastructure ~~improvements on the Ohio turnpike or on connecting~~	13172
~~roadways within one mile of an Ohio turnpike interchange~~projects.	13173
The costs of infrastructure projects approved under section	13174
5537.18 of the Revised Code shall be funded exclusively out of the	13175
infrastructure fund or funds.	13176

Sec. 5537.30. (A) Not later than December 31, 2009, the Ohio	13177
turnpike and infrastructure commission shall establish a program	13178
for the placement of business logos for identification purposes on	13179
directional signs within the turnpike right-of-way.	13180

(B)(1) The commission shall establish, and may revise at any	13181
time, a fee for participation in the business logo sign program.	13182
All direct and indirect costs of the business logo sign program	13183
established pursuant to this section shall be fully paid by the	13184
businesses applying for participation in the program. The direct	13185
and indirect costs of the program shall include, but not be	13186
limited to, the cost of capital, directional signs, blanks, posts,	13187
logos, installation, repair, engineering, design, insurance,	13188
removal, replacement, and administration.	13189

(2) Money generated from participating businesses in excess	13190
of the direct and indirect costs and any reasonable profit earned	13191
by a person awarded a contract ~~under division (C) of this section~~	13192
to operate, maintain, or market the business logo sign program	13193
shall be remitted to the commission.	13194

(3) If the commission operates such a program and does not	13195
contract with a private person to operate it, all money collected	13196
from participating businesses shall be retained by the commission.	13197

(C) ~~The commission, in accordance with rules adopted pursuant~~	13198
~~to section 111.15 of the Revised Code, may contract with any~~	13199
~~private person to operate, maintain, or market the business logo~~	13200
~~sign program. The contract may allow for a reasonable profit to be~~	13201
~~earned by the successful applicant. In awarding the contract, the~~	13202
~~commission shall consider the skill, expertise, prior experience,~~	13203
~~and other qualifications of each applicant.~~	13204

~~(D)~~ The program shall permit the business logo signs of a	13205
seller of motor vehicle fuel to include on the seller's signs a	13206
marking or symbol indicating that the seller sells one or more	13207
types of alternative fuel so long as the seller in fact sells that	13208
fuel. As used in this division, "alternative fuel" has the same	13209
meaning as in section 125.831 of the Revised Code.	13210

Sec. 5553.051. The board of county commissioners may	13211
establish a fee to cover the actual costs the county incurs in	13212
providing published notice and mailed notice as required by	13213
section 5553.05 of the Revised Code. The board may require an	13214
initial deposit to be paid at the time a petition for vacation of	13215
a road is filed under section 5553.04 of the Revised Code or	13216
promptly thereafter. The clerk of the board shall maintain an	13217
accurate and detailed accounting of all funds received under this	13218
section and expended in providing the required published and	13219
mailed notice.	13220

Sec. 5577.044. (A) Notwithstanding sections 5577.02 and	13221
5577.04 of the Revised Code, a vehicle fueled solely by compressed	13222
natural gas may exceed by not more than two thousand pounds the	13223
gross vehicle weight provisions of sections 5577.01 to 5577.09 of	13224
the Revised Code or the axle load limits of those sections.	13225

(B) If a vehicle described in division (A) of this section	13226
exceeds the weight provisions of sections 5577.01 to 5577.09 of	13227
the Revised Code by more than the allowance provided for in	13228
division (A) of this section, both of the following apply:	13229

(1) The applicable penalty prescribed in section 5577.99 of	13230
the Revised Code;	13231

(2) The civil liability imposed by section 5577.12 of the	13232
Revised Code.	13233

(C) Division (A) of this section does not apply to the	13234
operation of a vehicle on either of the following:	13235

(1) A highway that is part of the interstate system;

13236

(2) A highway, road, or bridge that is subject to reduced	13237
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	13238
5577.09, or 5591.42 of the Revised Code.	13239

Sec. 5577.05. (A) No vehicle shall be operated upon the	13240
public highways, streets, bridges, and culverts within the state,	13241
whose dimensions exceed those specified in this section.	13242

(B) No such vehicle shall have a width in excess of:

13243

(1) One hundred four inches for passenger bus type vehicles	13244
operated exclusively within municipal corporations;	13245

(2) One hundred two inches, excluding such safety devices as	13246
are required by law, for passenger bus type vehicles operated over	13247
freeways, and such other state roads with minimum pavement widths	13248
of twenty-two feet, except those roads or portions of roads over	13249
which operation of one hundred two-inch buses is prohibited by	13250
order of the director of transportation;	13251

(3) One hundred thirty-two inches for traction engines;

13252

(4) One hundred two inches for recreational vehicles,	13253
excluding safety devices and retracted awnings and other	13254
appurtenances of six inches or less in width and except that the	13255
director may prohibit the operation of one hundred two inch	13256
recreational vehicles on designated state highways or portions of	13257
highways;	13258

(5) One hundred two inches, including load, for all other	13259
vehicles, except that the director may prohibit the operation of	13260
one hundred two-inch vehicles on such state highways or portions	13261
of state highways as the director designates.	13262

13263

(1) Sixty-six feet for passenger bus type vehicles and	13264
articulated passenger bus type vehicles operated by a regional	13265
transit authority pursuant to sections 306.30 to 306.54 of the	13266
Revised Code;	13267

(2) Forty-five feet for all other passenger bus type	13268
vehicles;	13269

(3) Fifty-three feet for any semitrailer when operated in a	13270
commercial tractor-semitrailer combination, with or without load,	13271
except that the director may prohibit the operation of any such	13272
commercial tractor-semitrailer combination on such state highways	13273
or portions of state highways as the director designates.	13274

(4) Twenty-eight and one-half feet for any semitrailer or	13275
trailer when operated in a commercial tractor-semitrailer-trailer	13276
or commercial tractor-semitrailer-semitrailer combination, except	13277
that the director may prohibit the operation of any such	13278
commercial tractor-semitrailer-trailer or commercial	13279
tractor-semitrailer-semitrailer combination on such state highways	13280
or portions of state highways as the director designates;	13281

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	13282
transporter combinations and drive-away saddlemount with fullmount	13283
vehicle transporter combinations when operated on any interstate,	13284
United States route, or state route, including reasonable access	13285
travel on all other roadways for a distance not to exceed one road	13286
mile from any interstate, United States route, or state route, not	13287
to exceed three saddlemounted vehicles, but which may include one	13288
fullmount;	13289

(b) Seventy-five feet for drive-away saddlemount vehicle	13290
transporter combinations and drive-away saddlemount with fullmount	13291
vehicle transporter combinations, when operated on any roadway not	13292
designated as an interstate, United States route, or state route,	13293
not to exceed three saddlemounted vehicles, but which may include	13294
one fullmount;	13295

(6) Sixty-five feet for any other combination of vehicles	13296
coupled together, with or without load, except as provided in	13297
divisions (C)(3) and (4), and in division (E) of this section;	13298

(7) Forty-five feet for recreational vehicles;

13299

(8) ~~Forty~~Fifty feet for all other vehicles except trailers	13300
and semitrailers, with or without load.	13301

(D) No such vehicle shall have a height in excess of thirteen	13302
feet six inches, with or without load.	13303

(E) An automobile transporter or boat transporter shall be	13304
allowed a length of sixty-five feet and a stinger-steered	13305
automobile transporter or stinger-steered boat transporter shall	13306
be allowed a length of seventy-five feet, except that the load	13307
thereon may extend no more than four feet beyond the rear of such	13308
vehicles and may extend no more than three feet beyond the front	13309
of such vehicles, and except further that the director may	13310
prohibit the operation of a stinger-steered automobile	13311
transporter, stinger-steered boat transporter, or a B-train	13312
assembly on any state highway or portion of any state highway that	13313
the director designates.	13314

(F) The widths prescribed in division (B) of this section	13315
shall not include side mirrors, turn signal lamps, marker lamps,	13316
handholds for cab entry and egress, flexible fender extensions,	13317
mud flaps, splash and spray suppressant devices, and load-induced	13318
tire bulge.	13319

The width prescribed in division (B)(5) of this section shall	13320
not include automatic covering devices, tarp and tarp hardware,	13321
and tiedown assemblies, provided these safety devices do not	13322
extend more than three inches from each side of the vehicle.	13323

The lengths prescribed in divisions (C)(2) to (8) of this	13324
section shall not include safety devices, bumpers attached to the	13325
front or rear of such bus or combination, nonproperty carrying	13326
devices or components that do not extend more than twenty-four	13327
inches beyond the rear of the vehicle and are needed for loading	13328
or unloading, B-train assembly used between the first and second	13329
semitrailer of a commercial tractor-semitrailer-semitrailer	13330
combination, energy conservation devices as provided in any	13331
regulations adopted by the secretary of the United States	13332
department of transportation, or any noncargo-carrying	13333
refrigeration equipment attached to the front of trailers and	13334
semitrailers. In special cases, vehicles whose dimensions exceed	13335
those prescribed by this section may operate in accordance with	13336
rules adopted by the director.	13337

(G) This section does not apply to fire engines, fire trucks,	13338
or other vehicles or apparatus belonging to any municipal	13339
corporation or to the volunteer fire department of any municipal	13340
corporation or used by such department in the discharge of its	13341
functions. This section does not apply to vehicles and pole	13342
trailers used in the transportation of wooden and metal poles, nor	13343
to the transportation of pipes or well-drilling equipment, nor to	13344
farm machinery and equipment. ~~The~~	13345

The owner or operator of any vehicle, machinery, or equipment	13346
not specifically enumerated in this section but the dimensions of	13347
which exceed the dimensions provided by this section, when	13348
operating the same on the highways and streets of this state,	13349
shall comply with the rules of the director governing such	13350
movement that the director may adopt. Sections 119.01 to 119.13 of	13351
the Revised Code apply to any rules the director adopts under this	13352
section, or the amendment or rescission of the rules, and any	13353
person adversely affected shall have the same right of appeal as	13354
provided in those sections.	13355

This section does not require the state, a municipal	13356
corporation, county, township, or any railroad or other private	13357
corporation to provide sufficient vertical clearance to permit the	13358
operation of such vehicle, or to make any changes in or about	13359
existing structures now crossing streets, roads, and other public	13360
thoroughfares in this state.	13361

(H) As used in this section, "recreational vehicle" has the	13362
same meaning as in section 4501.01 of the Revised Code.	13363

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	13364
Revised Code:	13365

(A) "Motor vehicle" means everything on wheels that is	13366
self-propelled, other than by muscular power or power collected	13367
from electric trolley wires and other than vehicles or machinery	13368
not designed for or employed in general highway transportation,	13369
used to transport or propel persons or property over a public	13370
highway.	13371

(B) "Commercial car" means any motor vehicle used for	13372
transporting persons or property, wholly on its own structure on a	13373
public highway.	13374

(C) "Commercial tractor" means any motor vehicle designed and	13375
used to propel or draw a trailer or semi-trailer or both on a	13376
public highway without having any provision for carrying loads	13377
independently of such trailer or semi-trailer.	13378

(D) "Trailer" means everything on wheels that is not	13379
self-propelled, except vehicles or machinery not designed for or	13380
employed in general highway transportation, used for carrying	13381
property wholly on its own structure and for being drawn by a	13382
motor vehicle on a public highway, including any such vehicle when	13383
formed by or operated as a combination of a semi-trailer and a	13384
vehicle of the dolly type such as that commonly known as a trailer	13385
dolly. "Trailer" does not include manufactured homes as defined in	13386
division (C)(4) of section 3781.06 of the Revised Code or mobile	13387
homes as defined in division (O) of section 4501.01 of the Revised	13388
Code.	13389

(E) "Semi-trailer" means everything on wheels that is not	13390
self-propelled, except vehicles or machinery not designed for or	13391
employed in general highway transportation, designed and used for	13392
carrying property on a public highway when being propelled or	13393
drawn by a commercial tractor when part of its own weight or the	13394
weight of its load, or both, rest upon and is carried by a	13395
commercial tractor.	13396

(F) "Commercial tandem" means any commercial car and trailer	13397
or any commercial tractor, semi-trailer, and trailer when fastened	13398
together and used as one unit.	13399

(G) "Commercial tractor combination" means any commercial	13400
tractor and semi-trailer when fastened together and used as one	13401
unit.	13402

(H) "Axle" means two or more load carrying wheels mounted in	13403
a single transverse vertical plane.	13404

(I) "Public highway" means any highway, road, or street	13405
dedicated to public use, including a highway under the control and	13406
jurisdiction of the Ohio turnpike and infrastructure commission	13407
created by the provisions of section 5537.02 of the Revised Code	13408
and land and lots over which the public, either as user or owner,	13409
generally has a right to pass even though such land or lots are	13410
closed temporarily by public authorities for the purpose of	13411
construction, reconstruction, maintenance, or repair.	13412

(J) "Jurisdiction" means a state of the United States, the	13413
District of Columbia, or a province or territory of Canada.	13414

Sec. 5735.05. (A) To provide revenue for maintaining the	13415
state highway system; to widen existing surfaces on such highways;	13416
to resurface such highways; to pay that portion of the	13417
construction cost of a highway project which a county, township,	13418
or municipal corporation normally would be required to pay, but	13419
which the director of transportation, pursuant to division (B) of	13420
section 5531.08 of the Revised Code, determines instead will be	13421
paid from moneys in the highway operating fund; to enable the	13422
counties of the state properly to plan, maintain, and repair their	13423
roads and to pay principal, interest, and charges on bonds and	13424
other obligations issued pursuant to Chapter 133. of the Revised	13425
Code or incurred pursuant to section 5531.09 of the Revised Code	13426
for highway improvements; to enable the municipal corporations to	13427
plan, construct, reconstruct, repave, widen, maintain, repair,	13428
clear, and clean public highways, roads, and streets, and to pay	13429
the principal, interest, and charges on bonds and other	13430
obligations issued pursuant to Chapter 133. of the Revised Code or	13431
incurred pursuant to section 5531.09 of the Revised Code for	13432
highway improvements; to enable the Ohio turnpike and	13433
infrastructure commission to construct, reconstruct, maintain, and	13434
repair turnpike projects; to maintain and repair bridges and	13435
viaducts; to purchase, erect, and maintain street and traffic	13436
signs and markers; to purchase, erect, and maintain traffic lights	13437
and signals; to pay the costs apportioned to the public under	13438
sections 4907.47 and 4907.471 of the Revised Code and to	13439
supplement revenue already available for such purposes; to pay the	13440
costs incurred by the public utilities commission in administering	13441
sections 4907.47 to 4907.476 of the Revised Code; to distribute	13442
equitably among those persons using the privilege of driving motor	13443
vehicles upon such highways and streets the cost of maintaining	13444
and repairing them; to pay the interest, principal, and charges on	13445
highway capital improvements bonds and other obligations issued	13446
pursuant to Section 2m of Article VIII, Ohio Constitution, and	13447
section 151.06 of the Revised Code; to pay the interest,	13448
principal, and charges on highway obligations issued pursuant to	13449
Section 2i of Article VIII, Ohio Constitution, and sections	13450
5528.30 and 5528.31 of the Revised Code; to pay the interest,	13451
principal, and charges on major new state infrastructure bonds and	13452
other obligations of the state issued pursuant to Section 13 of	13453
Article VIII, Ohio Constitution, and section 5531.10 of the	13454
Revised Code; to provide revenue for the purposes of sections	13455
1547.71 to 1547.78 of the Revised Code; and to pay the expenses of	13456
the department of taxation incident to the administration of the	13457
motor fuel laws, a motor fuel excise tax is hereby imposed on all	13458
motor fuel dealers upon receipt of motor fuel within this state at	13459
the rate of two cents plus the cents per gallon rate on each	13460
gallon so received, to be computed in the manner set forth in	13461
section 5735.06 of the Revised Code; provided that no tax is	13462
hereby imposed upon the following transactions:	13463

(1) The sale of dyed diesel fuel by a licensed motor fuel	13464
dealer from a location other than a retail service station	13465
provided the licensed motor fuel dealer places on the face of the	13466
delivery document or invoice, or both if both are used, a	13467
conspicuous notice stating that the fuel is dyed and is not for	13468
taxable use, and that taxable use of that fuel is subject to a	13469
penalty. The tax commissioner, by rule, may provide that any	13470
notice conforming to rules or regulations issued by the United	13471
States department of the treasury or the Internal Revenue Service	13472
is sufficient notice for the purposes of division (A)(1) of this	13473
section.	13474

(2) The sale of K-1 kerosene to a retail service station,	13475
except when placed directly in the fuel supply tank of a motor	13476
vehicle. Such sale shall be rebuttably presumed to not be	13477
distributed or sold for use or used to generate power for the	13478
operation of motor vehicles upon the public highways or upon the	13479
waters within the boundaries of this state.	13480

(3) The sale of motor fuel by a licensed motor fuel dealer to	13481
another licensed motor fuel dealer;	13482

(4) The exportation of motor fuel by a licensed motor fuel	13483
dealer from this state to any other state or foreign country;	13484

(5) The sale of motor fuel to the United States government or	13485
any of its agencies, except such tax as is permitted by it, where	13486
such sale is evidenced by an exemption certificate, in a form	13487
approved by the tax commissioner, executed by the United States	13488
government or an agency thereof certifying that the motor fuel	13489
therein identified has been purchased for the exclusive use of the	13490
United States government or its agency;	13491

(6) The sale of motor fuel that is in the process of	13492
transportation in foreign or interstate commerce, except insofar	13493
as it may be taxable under the Constitution and statutes of the	13494
United States, and except as may be agreed upon in writing by the	13495
dealer and the commissioner;	13496

(7) The sale of motor fuel when sold exclusively for use in	13497
the operation of aircraft, where such sale is evidenced by an	13498
exemption certificate prescribed by the commissioner and executed	13499
by the purchaser certifying that the motor fuel purchased has been	13500
purchased for exclusive use in the operation of aircraft;	13501

(8) The sale for exportation of motor fuel by a licensed	13502
motor fuel dealer to a licensed exporter type A;	13503

(9) The sale for exportation of motor fuel by a licensed	13504
motor fuel dealer to a licensed exporter type B, provided that the	13505
destination state motor fuel tax has been paid or will be accrued	13506
and paid by the licensed motor fuel dealer.	13507

(10) The sale to a consumer of diesel fuel, by a motor fuel	13508
dealer for delivery from a bulk lot vehicle, for consumption in	13509
operating a vessel when the use of such fuel in a vessel would	13510
otherwise qualify for a refund under section 5735.14 of the	13511
Revised Code.	13512

Division (A)(1) of this section does not apply to the sale or	13513
distribution of dyed diesel fuel used to operate a motor vehicle	13514
on the public highways or upon water within the boundaries of this	13515
state by persons permitted under regulations of the United States	13516
department of the treasury or of the Internal Revenue Service to	13517
so use dyed diesel fuel.	13518

(B) The two cent motor fuel tax levied by this section is	13519
also for the purpose of paying the expenses of administering and	13520
enforcing the state law relating to the registration and operation	13521
of motor vehicles.	13522

(C) After the tax provided for by this section on the receipt	13523
of any motor fuel has been paid by the motor fuel dealer, the	13524
motor fuel may thereafter be used, sold, or resold by any person	13525
having lawful title to it, without incurring liability for such	13526
tax.	13527

If a licensed motor fuel dealer sells motor fuel received by	13528
the licensed motor fuel dealer to another licensed motor fuel	13529
dealer, the seller may deduct on the report required by section	13530
5735.06 of the Revised Code the number of gallons so sold for the	13531
month within which the motor fuel was sold or delivered. In this	13532
event the number of gallons is deemed to have been received by the	13533
purchaser, who shall report and pay the tax imposed thereon.	13534

Sec. 5735.23. (A) Out of receipts from the tax levied by	13535
section 5735.05 of the Revised Code, the treasurer of state shall	13536
place to the credit of the tax refund fund established by section	13537
5703.052 of the Revised Code amounts equal to the refunds	13538
certified by the tax commissioner pursuant to sections 5735.13,	13539
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	13540
treasurer of state shall then transfer the amount required by	13541
section 5735.051 of the Revised Code to the waterways safety fund,	13542
the amount required by section 4907.472 of the Revised Code to the	13543
grade crossing protection fund, and the amount required by section	13544
5735.053 of the Revised Code to the motor fuel tax administration	13545
fund.	13546

(B) Except as provided in division (D) of this section, each	13547
month the balance of the receipts from the tax levied by section	13548
5735.05 of the Revised Code shall be credited, after receipt by	13549
the treasurer of state of certification from the commissioners of	13550
the sinking fund, as required by section 5528.35 of the Revised	13551
Code, that there are sufficient moneys to the credit of the	13552
highway obligations bond retirement fund to meet in full all	13553
payments of interest, principal, and charges for the retirement of	13554
highway obligations issued pursuant to Section 2i of Article VIII,	13555
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	13556
Code due and payable during the current calendar year, as follows:	13557

(1) To the state and local government highway distribution	13558
fund, which is hereby created in the state treasury, an amount	13559
that is the same percentage of the balance to be credited as that	13560
portion of the tax per gallon determined under division (B)(2)(a)	13561
of section 5735.06 of the Revised Code is of the total tax per	13562
gallon determined under divisions (B)(2)(a) and (b) of that	13563
section.	13564

(2) After making the distribution to the state and local	13565
government highway distribution fund, the remainder shall be	13566
credited as follows:	13567

(a) Thirty per cent to the gasoline excise tax fund for	13568
distribution pursuant to division (A)(1) of section 5735.27 of the	13569
Revised Code;	13570

(b) Twenty-five per cent to the gasoline excise tax fund for	13571
distribution pursuant to division (A)(3) of section 5735.27 of the	13572
Revised Code;	13573

(c) Except as provided in division (D) of this section,	13574
forty-five per cent to the highway operating fund for distribution	13575
pursuant to division (B)(1) of section 5735.27 of the Revised	13576
Code.	13577

(C) From the balance in the state and local government	13578
highway distribution fund on the last day of each month there	13579
shall be paid the following amounts:	13580

(1) To the local transportation improvement program fund	13581
created by section 164.14 of the Revised Code, an amount equal to	13582
a fraction of the balance in the state and local government	13583
highway distribution fund, the numerator of which fraction is one	13584
and the denominator of which fraction is that portion of the tax	13585
per gallon determined under division (B)(2)(a) of section 5735.06	13586
of the Revised Code;	13587

(2) An amount equal to five cents multiplied by the number of	13588
gallons of motor fuel sold at stations operated by the Ohio	13589
turnpike and infrastructure commission, such gallonage to be	13590
certified by the commission to the treasurer of state not later	13591
than the last day of the month following. The funds paid to the	13592
commission pursuant to this section shall be expended for the	13593
construction, reconstruction, maintenance, and repair of turnpike	13594
projects, except that the funds may not be expended for the	13595
construction of new interchanges. The funds also may be expended	13596
for the construction, reconstruction, maintenance, and repair of	13597
those portions of connecting public roads that serve existing	13598
interchanges and are determined by the commission and the director	13599
of transportation to be necessary for the safe merging of traffic	13600
between the turnpike and those public roads.	13601

The remainder of the balance shall be distributed as follows	13602
on the fifteenth day of the following month:	13603

(a) Ten and seven-tenths per cent shall be paid to municipal	13604
corporations for distribution pursuant to division (A)(1) of	13605
section 5735.27 of the Revised Code and may be used for any	13606
purpose for which payments received under that division may be	13607
used. Through July 15, 2005, the sum of two hundred forty-eight	13608
thousand six hundred twenty-five dollars shall be monthly	13609
subtracted from the amount so computed and credited to the highway	13610
operating fund. Beginning August 15, 2005, the sum of seven	13611
hundred forty-five thousand eight hundred seventy-five dollars	13612
shall be monthly subtracted from the amount so computed and	13613
credited to the highway operating fund.	13614

(b) Five per cent shall be paid to townships for distribution	13615
pursuant to division (A)(5) of section 5735.27 of the Revised Code	13616
and may be used for any purpose for which payments received under	13617
that division may be used. Through July 15, 2005, the sum of	13618
eighty-seven thousand seven hundred fifty dollars shall be monthly	13619
subtracted from the amount so computed and credited to the highway	13620
operating fund. Beginning August 15, 2005, the sum of two hundred	13621
sixty-three thousand two hundred fifty dollars shall be monthly	13622
subtracted from the amount so computed and credited to the highway	13623
operating fund.	13624

(c) Nine and three-tenths per cent shall be paid to counties	13625
for distribution pursuant to division (A)(3) of section 5735.27 of	13626
the Revised Code and may be used for any purpose for which	13627
payments received under that division may be used. Through July	13628
15, 2005, the sum of two hundred forty-eight thousand six hundred	13629
twenty-five dollars shall be monthly subtracted from the amount so	13630
computed and credited to the highway operating fund. Beginning	13631
August 15, 2005, the sum of seven hundred forty-five thousand	13632
eight hundred seventy-five dollars shall be monthly subtracted	13633
from the amount so computed and credited to the highway operating	13634
fund.	13635

(d) Except as provided in division (D) of this section, the	13636
balance shall be transferred to the highway operating fund and	13637
used for the purposes set forth in division (B)(1) of section	13638
5735.27 of the Revised Code.	13639

(D) Monthly from September to February of each fiscal year,	13640
an amount equal to one-sixth of the amount certified in July of	13641
that year by the treasurer of state pursuant to division (Q) of	13642
section 151.01 of the Revised Code shall, from amounts required to	13643
be credited or transferred to the highway operating fund pursuant	13644
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or	13645
transferred to the highway capital improvement bond service fund	13646
created in section 151.06 of the Revised Code. If, in any of those	13647
months, the amount available to be credited or transferred to the	13648
bond service fund is less than one-sixth of the amount so	13649
certified, the shortfall shall be added to the amount due the next	13650
succeeding month. Any amount still due at the end of the six-month	13651
period shall be credited or transferred as the money becomes	13652
available, until such time as the office of budget and management	13653
receives certification from the treasurer of state or the	13654
treasurer of state's designee that sufficient money has been	13655
credited or transferred to the bond service fund to meet in full	13656
all payments of debt service and financing costs due during the	13657
fiscal year from that fund.	13658

Sec. 5739.02. For the purpose of providing revenue with	13659
which to meet the needs of the state, for the use of the general	13660
revenue fund of the state, for the purpose of securing a thorough	13661
and efficient system of common schools throughout the state, for	13662
the purpose of affording revenues, in addition to those from	13663
general property taxes, permitted under constitutional	13664
limitations, and from other sources, for the support of local	13665
governmental functions, and for the purpose of reimbursing the	13666
state for the expense of administering this chapter, an excise tax	13667
is hereby levied on each retail sale made in this state.	13668

(A)(1) The tax shall be collected as provided in section	13669
5739.025 of the Revised Code. The rate of the tax shall be five	13670
and one-half per cent. The tax applies and is collectible when the	13671
sale is made, regardless of the time when the price is paid or	13672
delivered.	13673

(2) In the case of the lease or rental, with a fixed term of	13674
more than thirty days or an indefinite term with a minimum period	13675
of more than thirty days, of any motor vehicles designed by the	13676
manufacturer to carry a load of not more than one ton, watercraft,	13677
outboard motor, or aircraft, or of any tangible personal property,	13678
other than motor vehicles designed by the manufacturer to carry a	13679
load of more than one ton, to be used by the lessee or renter	13680
primarily for business purposes, the tax shall be collected by the	13681
vendor at the time the lease or rental is consummated and shall be	13682
calculated by the vendor on the basis of the total amount to be	13683
paid by the lessee or renter under the lease agreement. If the	13684
total amount of the consideration for the lease or rental includes	13685
amounts that are not calculated at the time the lease or rental is	13686
executed, the tax shall be calculated and collected by the vendor	13687
at the time such amounts are billed to the lessee or renter. In	13688
the case of an open-end lease or rental, the tax shall be	13689
calculated by the vendor on the basis of the total amount to be	13690
paid during the initial fixed term of the lease or rental, and for	13691
each subsequent renewal period as it comes due. As used in this	13692
division, "motor vehicle" has the same meaning as in section	13693
4501.01 of the Revised Code, and "watercraft" includes an outdrive	13694
unit attached to the watercraft.	13695

A lease with a renewal clause and a termination penalty or	13696
similar provision that applies if the renewal clause is not	13697
exercised is presumed to be a sham transaction. In such a case,	13698
the tax shall be calculated and paid on the basis of the entire	13699
length of the lease period, including any renewal periods, until	13700
the termination penalty or similar provision no longer applies.	13701
The taxpayer shall bear the burden, by a preponderance of the	13702
evidence, that the transaction or series of transactions is not a	13703
sham transaction.	13704

(3) Except as provided in division (A)(2) of this section, in	13705
the case of a sale, the price of which consists in whole or in	13706
part of the lease or rental of tangible personal property, the tax	13707
shall be measured by the installments of that lease or rental.	13708

(4) In the case of a sale of a physical fitness facility	13709
service or recreation and sports club service, the price of which	13710
consists in whole or in part of a membership for the receipt of	13711
the benefit of the service, the tax applicable to the sale shall	13712
be measured by the installments thereof.	13713

(B) The tax does not apply to the following:

13714

(1) Sales to the state or any of its political subdivisions,	13715
or to any other state or its political subdivisions if the laws of	13716
that state exempt from taxation sales made to this state and its	13717
political subdivisions;	13718

(2) Sales of food for human consumption off the premises	13719
where sold;	13720

(3) Sales of food sold to students only in a cafeteria,	13721
dormitory, fraternity, or sorority maintained in a private,	13722
public, or parochial school, college, or university;	13723

(4) Sales of newspapers and of magazine subscriptions and	13724
sales or transfers of magazines distributed as controlled	13725
circulation publications;	13726

(5) The furnishing, preparing, or serving of meals without	13727
charge by an employer to an employee provided the employer records	13728
the meals as part compensation for services performed or work	13729
done;	13730

(6) Sales of motor fuel upon receipt, use, distribution, or	13731
sale of which in this state a tax is imposed by the law of this	13732
state, but this exemption shall not apply to the sale of motor	13733
fuel on which a refund of the tax is allowable under division (A)	13734
of section 5735.14 of the Revised Code; and the tax commissioner	13735
may deduct the amount of tax levied by this section applicable to	13736
the price of motor fuel when granting a refund of motor fuel tax	13737
pursuant to division (A) of section 5735.14 of the Revised Code	13738
and shall cause the amount deducted to be paid into the general	13739
revenue fund of this state;	13740

(7) Sales of natural gas by a natural gas company, of water	13741
by a water-works company, or of steam by a heating company, if in	13742
each case the thing sold is delivered to consumers through pipes	13743
or conduits, and all sales of communications services by a	13744
telegraph company, all terms as defined in section 5727.01 of the	13745
Revised Code, and sales of electricity delivered through wires;	13746

(8) Casual sales by a person, or auctioneer employed directly	13747
by the person to conduct such sales, except as to such sales of	13748
motor vehicles, watercraft or outboard motors required to be	13749
titled under section 1548.06 of the Revised Code, watercraft	13750
documented with the United States coast guard, snowmobiles, and	13751
all-purpose vehicles as defined in section 4519.01 of the Revised	13752
Code;	13753

(9)(a) Sales of services or tangible personal property, other	13754
than motor vehicles, mobile homes, and manufactured homes, by	13755
churches, organizations exempt from taxation under section	13756
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	13757
organizations operated exclusively for charitable purposes as	13758
defined in division (B)(12) of this section, provided that the	13759
number of days on which such tangible personal property or	13760
services, other than items never subject to the tax, are sold does	13761
not exceed six in any calendar year, except as otherwise provided	13762
in division (B)(9)(b) of this section. If the number of days on	13763
which such sales are made exceeds six in any calendar year, the	13764
church or organization shall be considered to be engaged in	13765
business and all subsequent sales by it shall be subject to the	13766
tax. In counting the number of days, all sales by groups within a	13767
church or within an organization shall be considered to be sales	13768
of that church or organization.	13769

(b) The limitation on the number of days on which tax-exempt	13770
sales may be made by a church or organization under division	13771
(B)(9)(a) of this section does not apply to sales made by student	13772
clubs and other groups of students of a primary or secondary	13773
school, or a parent-teacher association, booster group, or similar	13774
organization that raises money to support or fund curricular or	13775
extracurricular activities of a primary or secondary school.	13776

(c) Divisions (B)(9)(a) and (b) of this section do not apply	13777
to sales by a noncommercial educational radio or television	13778
broadcasting station.	13779

(10) Sales not within the taxing power of this state under	13780
the Constitution of the United States;	13781

(11) Except for transactions that are sales under division	13782
(B)(3)(r) of section 5739.01 of the Revised Code, the	13783
transportation of persons or property, unless the transportation	13784
is by a private investigation and security service;	13785

(12) Sales of tangible personal property or services to	13786
churches, to organizations exempt from taxation under section	13787
501(c)(3) of the Internal Revenue Code of 1986, and to any other	13788
nonprofit organizations operated exclusively for charitable	13789
purposes in this state, no part of the net income of which inures	13790
to the benefit of any private shareholder or individual, and no	13791
substantial part of the activities of which consists of carrying	13792
on propaganda or otherwise attempting to influence legislation;	13793
sales to offices administering one or more homes for the aged or	13794
one or more hospital facilities exempt under section 140.08 of the	13795
Revised Code; and sales to organizations described in division (D)	13796
of section 5709.12 of the Revised Code.	13797

"Charitable purposes" means the relief of poverty; the	13798
improvement of health through the alleviation of illness, disease,	13799
or injury; the operation of an organization exclusively for the	13800
provision of professional, laundry, printing, and purchasing	13801
services to hospitals or charitable institutions; the operation of	13802
a home for the aged, as defined in section 5701.13 of the Revised	13803
Code; the operation of a radio or television broadcasting station	13804
that is licensed by the federal communications commission as a	13805
noncommercial educational radio or television station; the	13806
operation of a nonprofit animal adoption service or a county	13807
humane society; the promotion of education by an institution of	13808
learning that maintains a faculty of qualified instructors,	13809
teaches regular continuous courses of study, and confers a	13810
recognized diploma upon completion of a specific curriculum; the	13811
operation of a parent-teacher association, booster group, or	13812
similar organization primarily engaged in the promotion and	13813
support of the curricular or extracurricular activities of a	13814
primary or secondary school; the operation of a community or area	13815
center in which presentations in music, dramatics, the arts, and	13816
related fields are made in order to foster public interest and	13817
education therein; the production of performances in music,	13818
dramatics, and the arts; or the promotion of education by an	13819
organization engaged in carrying on research in, or the	13820
dissemination of, scientific and technological knowledge and	13821
information primarily for the public.	13822

Nothing in this division shall be deemed to exempt sales to	13823
any organization for use in the operation or carrying on of a	13824
trade or business, or sales to a home for the aged for use in the	13825
operation of independent living facilities as defined in division	13826
(A) of section 5709.12 of the Revised Code.	13827

(13) Building and construction materials and services sold to	13828
construction contractors for incorporation into a structure or	13829
improvement to real property under a construction contract with	13830
this state or a political subdivision of this state, or with the	13831
United States government or any of its agencies; building and	13832
construction materials and services sold to construction	13833
contractors for incorporation into a structure or improvement to	13834
real property that are accepted for ownership by this state or any	13835
of its political subdivisions, or by the United States government	13836
or any of its agencies at the time of completion of the structures	13837
or improvements; building and construction materials sold to	13838
construction contractors for incorporation into a horticulture	13839
structure or livestock structure for a person engaged in the	13840
business of horticulture or producing livestock; building	13841
materials and services sold to a construction contractor for	13842
incorporation into a house of public worship or religious	13843
education, or a building used exclusively for charitable purposes	13844
under a construction contract with an organization whose purpose	13845
is as described in division (B)(12) of this section; building	13846
materials and services sold to a construction contractor for	13847
incorporation into a building under a construction contract with	13848
an organization exempt from taxation under section 501(c)(3) of	13849
the Internal Revenue Code of 1986 when the building is to be used	13850
exclusively for the organization's exempt purposes; building and	13851
construction materials sold for incorporation into the original	13852
construction of a sports facility under section 307.696 of the	13853
Revised Code; building and construction materials and services	13854
sold to a construction contractor for incorporation into real	13855
property outside this state if such materials and services, when	13856
sold to a construction contractor in the state in which the real	13857
property is located for incorporation into real property in that	13858
state, would be exempt from a tax on sales levied by that state;	13859
and, until one calendar year after the construction of a	13860
convention center that qualifies for property tax exemption under	13861
section 5709.084 of the Revised Code is completed, building and	13862
construction materials and services sold to a construction	13863
contractor for incorporation into the real property comprising	13864
that convention center;	13865

(14) Sales of ships or vessels or rail rolling stock used or	13866
to be used principally in interstate or foreign commerce, and	13867
repairs, alterations, fuel, and lubricants for such ships or	13868
vessels or rail rolling stock;	13869

(15) Sales to persons primarily engaged in any of the	13870
activities mentioned in division (B)(42)(a), (g), or (h) of this	13871
section, to persons engaged in making retail sales, or to persons	13872
who purchase for sale from a manufacturer tangible personal	13873
property that was produced by the manufacturer in accordance with	13874
specific designs provided by the purchaser, of packages, including	13875
material, labels, and parts for packages, and of machinery,	13876
equipment, and material for use primarily in packaging tangible	13877
personal property produced for sale, including any machinery,	13878
equipment, and supplies used to make labels or packages, to	13879
prepare packages or products for labeling, or to label packages or	13880
products, by or on the order of the person doing the packaging, or	13881
sold at retail. "Packages" includes bags, baskets, cartons,	13882
crates, boxes, cans, bottles, bindings, wrappings, and other	13883
similar devices and containers, but does not include motor	13884
vehicles or bulk tanks, trailers, or similar devices attached to	13885
motor vehicles. "Packaging" means placing in a package. Division	13886
(B)(15) of this section does not apply to persons engaged in	13887
highway transportation for hire.	13888

(16) Sales of food to persons using supplemental nutrition	13889
assistance program benefits to purchase the food. As used in this	13890
division, "food" has the same meaning as in 7 U.S.C. 2012 and	13891
federal regulations adopted pursuant to the Food and Nutrition Act	13892
of 2008.	13893

(17) Sales to persons engaged in farming, agriculture,	13894
horticulture, or floriculture, of tangible personal property for	13895
use or consumption primarily in the production by farming,	13896
agriculture, horticulture, or floriculture of other tangible	13897
personal property for use or consumption primarily in the	13898
production of tangible personal property for sale by farming,	13899
agriculture, horticulture, or floriculture; or material and parts	13900
for incorporation into any such tangible personal property for use	13901
or consumption in production; and of tangible personal property	13902
for such use or consumption in the conditioning or holding of	13903
products produced by and for such use, consumption, or sale by	13904
persons engaged in farming, agriculture, horticulture, or	13905
floriculture, except where such property is incorporated into real	13906
property;	13907

(18) Sales of drugs for a human being that may be dispensed	13908
only pursuant to a prescription; insulin as recognized in the	13909
official United States pharmacopoeia; urine and blood testing	13910
materials when used by diabetics or persons with hypoglycemia to	13911
test for glucose or acetone; hypodermic syringes and needles when	13912
used by diabetics for insulin injections; epoetin alfa when	13913
purchased for use in the treatment of persons with medical	13914
disease; hospital beds when purchased by hospitals, nursing homes,	13915
or other medical facilities; and medical oxygen and medical	13916
oxygen-dispensing equipment when purchased by hospitals, nursing	13917
homes, or other medical facilities;	13918

(19) Sales of prosthetic devices, durable medical equipment	13919
for home use, or mobility enhancing equipment, when made pursuant	13920
to a prescription and when such devices or equipment are for use	13921
by a human being.	13922

(20) Sales of emergency and fire protection vehicles and	13923
equipment to nonprofit organizations for use solely in providing	13924
fire protection and emergency services, including trauma care and	13925
emergency medical services, for political subdivisions of the	13926
state;	13927

(21) Sales of tangible personal property manufactured in this	13928
state, if sold by the manufacturer in this state to a retailer for	13929
use in the retail business of the retailer outside of this state	13930
and if possession is taken from the manufacturer by the purchaser	13931
within this state for the sole purpose of immediately removing the	13932
same from this state in a vehicle owned by the purchaser;	13933

(22) Sales of services provided by the state or any of its	13934
political subdivisions, agencies, instrumentalities, institutions,	13935
or authorities, or by governmental entities of the state or any of	13936
its political subdivisions, agencies, instrumentalities,	13937
institutions, or authorities;	13938

(23) Sales of motor vehicles to nonresidents of this state	13939
under the circumstances described in division (B) of section	13940
5739.029 of the Revised Code;	13941

(24) Sales to persons engaged in the preparation of eggs for	13942
sale of tangible personal property used or consumed directly in	13943
such preparation, including such tangible personal property used	13944
for cleaning, sanitizing, preserving, grading, sorting, and	13945
classifying by size; packages, including material and parts for	13946
packages, and machinery, equipment, and material for use in	13947
packaging eggs for sale; and handling and transportation equipment	13948
and parts therefor, except motor vehicles licensed to operate on	13949
public highways, used in intraplant or interplant transfers or	13950
shipment of eggs in the process of preparation for sale, when the	13951
plant or plants within or between which such transfers or	13952
shipments occur are operated by the same person. "Packages"	13953
includes containers, cases, baskets, flats, fillers, filler flats,	13954
cartons, closure materials, labels, and labeling materials, and	13955
"packaging" means placing therein.	13956

(25)(a) Sales of water to a consumer for residential use;

13957

(b) Sales of water by a nonprofit corporation engaged	13958
exclusively in the treatment, distribution, and sale of water to	13959
consumers, if such water is delivered to consumers through pipes	13960
or tubing.	13961

(26) Fees charged for inspection or reinspection of motor	13962
vehicles under section 3704.14 of the Revised Code;	13963

(27) Sales to persons licensed to conduct a food service	13964
operation pursuant to section 3717.43 of the Revised Code, of	13965
tangible personal property primarily used directly for the	13966
following:	13967

(a) To prepare food for human consumption for sale;

13968

(b) To preserve food that has been or will be prepared for	13969
human consumption for sale by the food service operator, not	13970
including tangible personal property used to display food for	13971
selection by the consumer;	13972

(c) To clean tangible personal property used to prepare or	13973
serve food for human consumption for sale.	13974

(28) Sales of animals by nonprofit animal adoption services	13975
or county humane societies;	13976

(29) Sales of services to a corporation described in division	13977
(A) of section 5709.72 of the Revised Code, and sales of tangible	13978
personal property that qualifies for exemption from taxation under	13979
section 5709.72 of the Revised Code;	13980

(30) Sales and installation of agricultural land tile, as	13981
defined in division (B)(5)(a) of section 5739.01 of the Revised	13982
Code;	13983

(31) Sales and erection or installation of portable grain	13984
bins, as defined in division (B)(5)(b) of section 5739.01 of the	13985
Revised Code;	13986

(32) The sale, lease, repair, and maintenance of, parts for,	13987
or items attached to or incorporated in, motor vehicles that are	13988
primarily used for transporting tangible personal property	13989
belonging to others by a person engaged in highway transportation	13990
for hire, except for packages and packaging used for the	13991
transportation of tangible personal property;	13992

(33) Sales to the state headquarters of any veterans'	13993
organization in this state that is either incorporated and issued	13994
a charter by the congress of the United States or is recognized by	13995
the United States veterans administration, for use by the	13996
headquarters;	13997

(34) Sales to a telecommunications service vendor, mobile	13998
telecommunications service vendor, or satellite broadcasting	13999
service vendor of tangible personal property and services used	14000
directly and primarily in transmitting, receiving, switching, or	14001
recording any interactive, one- or two-way electromagnetic	14002
communications, including voice, image, data, and information,	14003
through the use of any medium, including, but not limited to,	14004
poles, wires, cables, switching equipment, computers, and record	14005
storage devices and media, and component parts for the tangible	14006
personal property. The exemption provided in this division shall	14007
be in lieu of all other exemptions under division (B)(42)(a) or	14008
(n) of this section to which the vendor may otherwise be entitled,	14009
based upon the use of the thing purchased in providing the	14010
telecommunications, mobile telecommunications, or satellite	14011
broadcasting service.	14012

(35)(a) Sales where the purpose of the consumer is to use or	14013
consume the things transferred in making retail sales and	14014
consisting of newspaper inserts, catalogues, coupons, flyers, gift	14015
certificates, or other advertising material that prices and	14016
describes tangible personal property offered for retail sale.	14017

(b) Sales to direct marketing vendors of preliminary	14018
materials such as photographs, artwork, and typesetting that will	14019
be used in printing advertising material; and of printed matter	14020
that offers free merchandise or chances to win sweepstake prizes	14021
and that is mailed to potential customers with advertising	14022
material described in division (B)(35)(a) of this section;	14023

(c) Sales of equipment such as telephones, computers,	14024
facsimile machines, and similar tangible personal property	14025
primarily used to accept orders for direct marketing retail sales.	14026

(d) Sales of automatic food vending machines that preserve	14027
food with a shelf life of forty-five days or less by refrigeration	14028
and dispense it to the consumer.	14029

For purposes of division (B)(35) of this section, "direct	14030
marketing" means the method of selling where consumers order	14031
tangible personal property by United States mail, delivery	14032
service, or telecommunication and the vendor delivers or ships the	14033
tangible personal property sold to the consumer from a warehouse,	14034
catalogue distribution center, or similar fulfillment facility by	14035
means of the United States mail, delivery service, or common	14036
carrier.	14037

(36) Sales to a person engaged in the business of	14038
horticulture or producing livestock of materials to be	14039
incorporated into a horticulture structure or livestock structure;	14040

(37) Sales of personal computers, computer monitors, computer	14041
keyboards, modems, and other peripheral computer equipment to an	14042
individual who is licensed or certified to teach in an elementary	14043
or a secondary school in this state for use by that individual in	14044
preparation for teaching elementary or secondary school students;	14045

(38) Sales to a professional racing team of any of the	14046
following:	14047

(a) Motor racing vehicles;

14048

(b) Repair services for motor racing vehicles;

14049

(c) Items of property that are attached to or incorporated in	14050
motor racing vehicles, including engines, chassis, and all other	14051
components of the vehicles, and all spare, replacement, and	14052
rebuilt parts or components of the vehicles; except not including	14053
tires, consumable fluids, paint, and accessories consisting of	14054
instrumentation sensors and related items added to the vehicle to	14055
collect and transmit data by means of telemetry and other forms of	14056
communication.	14057

(39) Sales of used manufactured homes and used mobile homes,	14058
as defined in section 5739.0210 of the Revised Code, made on or	14059
after January 1, 2000;	14060

(40) Sales of tangible personal property and services to a	14061
provider of electricity used or consumed directly and primarily in	14062
generating, transmitting, or distributing electricity for use by	14063
others, including property that is or is to be incorporated into	14064
and will become a part of the consumer's production, transmission,	14065
or distribution system and that retains its classification as	14066
tangible personal property after incorporation; fuel or power used	14067
in the production, transmission, or distribution of electricity;	14068
energy conversion equipment as defined in section 5727.01 of the	14069
Revised Code; and tangible personal property and services used in	14070
the repair and maintenance of the production, transmission, or	14071
distribution system, including only those motor vehicles as are	14072
specially designed and equipped for such use. The exemption	14073
provided in this division shall be in lieu of all other exemptions	14074
in division (B)(42)(a) or (n) of this section to which a provider	14075
of electricity may otherwise be entitled based on the use of the	14076
tangible personal property or service purchased in generating,	14077
transmitting, or distributing electricity.	14078

(41) Sales to a person providing services under division	14079
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	14080
personal property and services used directly and primarily in	14081
providing taxable services under that section.	14082

(42) Sales where the purpose of the purchaser is to do any of	14083
the following:	14084

(a) To incorporate the thing transferred as a material or a	14085
part into tangible personal property to be produced for sale by	14086
manufacturing, assembling, processing, or refining; or to use or	14087
consume the thing transferred directly in producing tangible	14088
personal property for sale by mining, including, without	14089
limitation, the extraction from the earth of all substances that	14090
are classed geologically as minerals, production of crude oil and	14091
natural gas, or directly in the rendition of a public utility	14092
service, except that the sales tax levied by this section shall be	14093
collected upon all meals, drinks, and food for human consumption	14094
sold when transporting persons. Persons engaged in rendering	14095
services in the exploration for, and production of, crude oil and	14096
natural gas for others are deemed engaged directly in the	14097
exploration for, and production of, crude oil and natural gas.	14098
This paragraph does not exempt from "retail sale" or "sales at	14099
retail" the sale of tangible personal property that is to be	14100
incorporated into a structure or improvement to real property.	14101

(b) To hold the thing transferred as security for the	14102
performance of an obligation of the vendor;	14103

(c) To resell, hold, use, or consume the thing transferred as	14104
evidence of a contract of insurance;	14105

(d) To use or consume the thing directly in commercial	14106
fishing;	14107

(e) To incorporate the thing transferred as a material or a	14108
part into, or to use or consume the thing transferred directly in	14109
the production of, magazines distributed as controlled circulation	14110
publications;	14111

(f) To use or consume the thing transferred in the production	14112
and preparation in suitable condition for market and sale of	14113
printed, imprinted, overprinted, lithographic, multilithic,	14114
blueprinted, photostatic, or other productions or reproductions of	14115
written or graphic matter;	14116

(g) To use the thing transferred, as described in section	14117
5739.011 of the Revised Code, primarily in a manufacturing	14118
operation to produce tangible personal property for sale;	14119

(h) To use the benefit of a warranty, maintenance or service	14120
contract, or similar agreement, as described in division (B)(7) of	14121
section 5739.01 of the Revised Code, to repair or maintain	14122
tangible personal property, if all of the property that is the	14123
subject of the warranty, contract, or agreement would not be	14124
subject to the tax imposed by this section;	14125

(i) To use the thing transferred as qualified research and	14126
development equipment;	14127

(j) To use or consume the thing transferred primarily in	14128
storing, transporting, mailing, or otherwise handling purchased	14129
sales inventory in a warehouse, distribution center, or similar	14130
facility when the inventory is primarily distributed outside this	14131
state to retail stores of the person who owns or controls the	14132
warehouse, distribution center, or similar facility, to retail	14133
stores of an affiliated group of which that person is a member, or	14134
by means of direct marketing. This division does not apply to	14135
motor vehicles registered for operation on the public highways. As	14136
used in this division, "affiliated group" has the same meaning as	14137
in division (B)(3)(e) of section 5739.01 of the Revised Code and	14138
"direct marketing" has the same meaning as in division (B)(35) of	14139
this section.	14140

(k) To use or consume the thing transferred to fulfill a	14141
contractual obligation incurred by a warrantor pursuant to a	14142
warranty provided as a part of the price of the tangible personal	14143
property sold or by a vendor of a warranty, maintenance or service	14144
contract, or similar agreement the provision of which is defined	14145
as a sale under division (B)(7) of section 5739.01 of the Revised	14146
Code;	14147

(l) To use or consume the thing transferred in the production	14148
of a newspaper for distribution to the public;	14149

(m) To use tangible personal property to perform a service	14150
listed in division (B)(3) of section 5739.01 of the Revised Code,	14151
if the property is or is to be permanently transferred to the	14152
consumer of the service as an integral part of the performance of	14153
the service;	14154

(n) To use or consume the thing transferred primarily in	14155
producing tangible personal property for sale by farming,	14156
agriculture, horticulture, or floriculture. Persons engaged in	14157
rendering farming, agriculture, horticulture, or floriculture	14158
services for others are deemed engaged primarily in farming,	14159
agriculture, horticulture, or floriculture. This paragraph does	14160
not exempt from "retail sale" or "sales at retail" the sale of	14161
tangible personal property that is to be incorporated into a	14162
structure or improvement to real property.	14163

(o) To use or consume the thing transferred in acquiring,	14164
formatting, editing, storing, and disseminating data or	14165
information by electronic publishing.	14166

As used in division (B)(42) of this section, "thing" includes	14167
all transactions included in divisions (B)(3)(a), (b), and (e) of	14168
section 5739.01 of the Revised Code.	14169

(43) Sales conducted through a coin operated device that	14170
activates vacuum equipment or equipment that dispenses water,	14171
whether or not in combination with soap or other cleaning agents	14172
or wax, to the consumer for the consumer's use on the premises in	14173
washing, cleaning, or waxing a motor vehicle, provided no other	14174
personal property or personal service is provided as part of the	14175
transaction.	14176

(44) Sales of replacement and modification parts for engines,	14177
airframes, instruments, and interiors in, and paint for, aircraft	14178
used primarily in a fractional aircraft ownership program, and	14179
sales of services for the repair, modification, and maintenance of	14180
such aircraft, and machinery, equipment, and supplies primarily	14181
used to provide those services.	14182

(45) Sales of telecommunications service that is used	14183
directly and primarily to perform the functions of a call center.	14184
As used in this division, "call center" means any physical	14185
location where telephone calls are placed or received in high	14186
volume for the purpose of making sales, marketing, customer	14187
service, technical support, or other specialized business	14188
activity, and that employs at least fifty individuals that engage	14189
in call center activities on a full-time basis, or sufficient	14190
individuals to fill fifty full-time equivalent positions.	14191

(46) Sales by a telecommunications service vendor of 900	14192
service to a subscriber. This division does not apply to	14193
information services, as defined in division (FF) of section	14194
5739.01 of the Revised Code.	14195

(47) Sales of value-added non-voice data service. This	14196
division does not apply to any similar service that is not	14197
otherwise a telecommunications service.	14198

(48)(a) Sales of machinery, equipment, and software to a	14199
qualified direct selling entity for use in a warehouse or	14200
distribution center primarily for storing, transporting, or	14201
otherwise handling inventory that is held for sale to independent	14202
salespersons who operate as direct sellers and that is held	14203
primarily for distribution outside this state;	14204

(b) As used in division (B)(48)(a) of this section:

14205

(i) "Direct seller" means a person selling consumer products	14206
to individuals for personal or household use and not from a fixed	14207
retail location, including selling such product at in-home product	14208
demonstrations, parties, and other one-on-one selling.	14209

(ii) "Qualified direct selling entity" means an entity	14210
selling to direct sellers at the time the entity enters into a tax	14211
credit agreement with the tax credit authority pursuant to section	14212
122.17 of the Revised Code, provided that the agreement was	14213
entered into on or after January 1, 2007. Neither contingencies	14214
relevant to the granting of, nor later developments with respect	14215
to, the tax credit shall impair the status of the qualified direct	14216
selling entity under division (B)(48) of this section after	14217
execution of the tax credit agreement by the tax credit authority.	14218

(c) Division (B)(48) of this section is limited to machinery,	14219
equipment, and software first stored, used, or consumed in this	14220
state within the period commencing June 24, 2008, and ending on	14221
the date that is five years after that date.	14222

(49) Sales of materials, parts, equipment, or engines used in	14223
the repair or maintenance of aircraft or avionics systems of such	14224
aircraft, and sales of repair, remodeling, replacement, or	14225
maintenance services in this state performed on aircraft or on an	14226
aircraft's avionics, engine, or component materials or parts. As	14227
used in division (B)(49) of this section, "aircraft" means	14228
aircraft of more than six thousand pounds maximum certified	14229
takeoff weight or used exclusively in general aviation.	14230

(50) Sales of full flight simulators that are used for pilot	14231
or flight-crew training, sales of repair or replacement parts or	14232
components, and sales of repair or maintenance services for such	14233
full flight simulators. "Full flight simulator" means a replica of	14234
a specific type, or make, model, and series of aircraft cockpit.	14235
It includes the assemblage of equipment and computer programs	14236
necessary to represent aircraft operations in ground and flight	14237
conditions, a visual system providing an out-of-the-cockpit view,	14238
and a system that provides cues at least equivalent to those of a	14239
three-degree-of-freedom motion system, and has the full range of	14240
capabilities of the systems installed in the device as described	14241
in appendices A and B of part 60 of chapter 1 of title 14 of the	14242
Code of Federal Regulations.	14243

(51) Any transfer or lease of tangible personal property	14244
~~between the state and a successful proposer in accordance with~~	14245
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	14246
~~property is part of a project as defined in section 126.60 of the~~	14247
~~Revised Code and the state retains ownership of the project or~~	14248
~~part thereof that is being transferred or leased,~~ between the	14249
state and JobsOhio in accordance with section 4313.02 of the	14250
Revised Code.	14251

(C) For the purpose of the proper administration of this	14252
chapter, and to prevent the evasion of the tax, it is presumed	14253
that all sales made in this state are subject to the tax until the	14254
contrary is established.	14255

(D) The levy of this tax on retail sales of recreation and	14256
sports club service shall not prevent a municipal corporation from	14257
levying any tax on recreation and sports club dues or on any	14258
income generated by recreation and sports club dues.	14259

(E) The tax collected by the vendor from the consumer under	14260
this chapter is not part of the price, but is a tax collection for	14261
the benefit of the state, and of counties levying an additional	14262
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	14263
Code and of transit authorities levying an additional sales tax	14264
pursuant to section 5739.023 of the Revised Code. Except for the	14265
discount authorized under section 5739.12 of the Revised Code and	14266
the effects of any rounding pursuant to section 5703.055 of the	14267
Revised Code, no person other than the state or such a county or	14268
transit authority shall derive any benefit from the collection or	14269
payment of the tax levied by this section or section 5739.021,	14270
5739.023, or 5739.026 of the Revised Code.	14271

Sec. 5747.01. Except as otherwise expressly provided or	14272
clearly appearing from the context, any term used in this chapter	14273
that is not otherwise defined in this section has the same meaning	14274
as when used in a comparable context in the laws of the United	14275
States relating to federal income taxes or if not used in a	14276
comparable context in those laws, has the same meaning as in	14277
section 5733.40 of the Revised Code. Any reference in this chapter	14278
to the Internal Revenue Code includes other laws of the United	14279
States relating to federal income taxes.	14280

As used in this chapter:

14281

(A) "Adjusted gross income" or "Ohio adjusted gross income"	14282
means federal adjusted gross income, as defined and used in the	14283
Internal Revenue Code, adjusted as provided in this section:	14284

(1) Add interest or dividends on obligations or securities of	14285
any state or of any political subdivision or authority of any	14286
state, other than this state and its subdivisions and authorities.	14287

(2) Add interest or dividends on obligations of any	14288
authority, commission, instrumentality, territory, or possession	14289
of the United States to the extent that the interest or dividends	14290
are exempt from federal income taxes but not from state income	14291
taxes.	14292

(3) Deduct interest or dividends on obligations of the United	14293
States and its territories and possessions or of any authority,	14294
commission, or instrumentality of the United States to the extent	14295
that the interest or dividends are included in federal adjusted	14296
gross income but exempt from state income taxes under the laws of	14297
the United States.	14298

(4) Deduct disability and survivor's benefits to the extent	14299
included in federal adjusted gross income.	14300

(5) Deduct benefits under Title II of the Social Security Act	14301
and tier 1 railroad retirement benefits to the extent included in	14302
federal adjusted gross income under section 86 of the Internal	14303
Revenue Code.	14304

(6) In the case of a taxpayer who is a beneficiary of a trust	14305
that makes an accumulation distribution as defined in section 665	14306
of the Internal Revenue Code, add, for the beneficiary's taxable	14307
years beginning before 2002, the portion, if any, of such	14308
distribution that does not exceed the undistributed net income of	14309
the trust for the three taxable years preceding the taxable year	14310
in which the distribution is made to the extent that the portion	14311
was not included in the trust's taxable income for any of the	14312
trust's taxable years beginning in 2002 or thereafter.	14313
"Undistributed net income of a trust" means the taxable income of	14314
the trust increased by (a)(i) the additions to adjusted gross	14315
income required under division (A) of this section and (ii) the	14316
personal exemptions allowed to the trust pursuant to section	14317
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	14318
deductions to adjusted gross income required under division (A) of	14319
this section, (ii) the amount of federal income taxes attributable	14320
to such income, and (iii) the amount of taxable income that has	14321
been included in the adjusted gross income of a beneficiary by	14322
reason of a prior accumulation distribution. Any undistributed net	14323
income included in the adjusted gross income of a beneficiary	14324
shall reduce the undistributed net income of the trust commencing	14325
with the earliest years of the accumulation period.	14326

(7) Deduct the amount of wages and salaries, if any, not	14327
otherwise allowable as a deduction but that would have been	14328
allowable as a deduction in computing federal adjusted gross	14329
income for the taxable year, had the targeted jobs credit allowed	14330
and determined under sections 38, 51, and 52 of the Internal	14331
Revenue Code not been in effect.	14332

(8) Deduct any interest or interest equivalent on public	14333
obligations and purchase obligations to the extent that the	14334
interest or interest equivalent is included in federal adjusted	14335
gross income.	14336

(9) Add any loss or deduct any gain resulting from the sale,	14337
exchange, or other disposition of public obligations to the extent	14338
that the loss has been deducted or the gain has been included in	14339
computing federal adjusted gross income.	14340

(10) Deduct or add amounts, as provided under section 5747.70	14341
of the Revised Code, related to contributions to variable college	14342
savings program accounts made or tuition units purchased pursuant	14343
to Chapter 3334. of the Revised Code.	14344

(11)(a) Deduct, to the extent not otherwise allowable as a	14345
deduction or exclusion in computing federal or Ohio adjusted gross	14346
income for the taxable year, the amount the taxpayer paid during	14347
the taxable year for medical care insurance and qualified	14348
long-term care insurance for the taxpayer, the taxpayer's spouse,	14349
and dependents. No deduction for medical care insurance under	14350
division (A)(11) of this section shall be allowed either to any	14351
taxpayer who is eligible to participate in any subsidized health	14352
plan maintained by any employer of the taxpayer or of the	14353
taxpayer's spouse, or to any taxpayer who is entitled to, or on	14354
application would be entitled to, benefits under part A of Title	14355
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	14356
301, as amended. For the purposes of division (A)(11)(a) of this	14357
section, "subsidized health plan" means a health plan for which	14358
the employer pays any portion of the plan's cost. The deduction	14359
allowed under division (A)(11)(a) of this section shall be the net	14360
of any related premium refunds, related premium reimbursements, or	14361
related insurance premium dividends received during the taxable	14362
year.	14363

(b) Deduct, to the extent not otherwise deducted or excluded	14364
in computing federal or Ohio adjusted gross income during the	14365
taxable year, the amount the taxpayer paid during the taxable	14366
year, not compensated for by any insurance or otherwise, for	14367
medical care of the taxpayer, the taxpayer's spouse, and	14368
dependents, to the extent the expenses exceed seven and one-half	14369
per cent of the taxpayer's federal adjusted gross income.	14370

(c) Deduct, to the extent not otherwise deducted or excluded	14371
in computing federal or Ohio adjusted gross income, any amount	14372
included in federal adjusted gross income under section 105 or not	14373
excluded under section 106 of the Internal Revenue Code solely	14374
because it relates to an accident and health plan for a person who	14375
otherwise would be a "qualifying relative" and thus a "dependent"	14376
under section 152 of the Internal Revenue Code but for the fact	14377
that the person fails to meet the income and support limitations	14378
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	14379

(d) For purposes of division (A)(11) of this section,	14380
"medical care" has the meaning given in section 213 of the	14381
Internal Revenue Code, subject to the special rules, limitations,	14382
and exclusions set forth therein, and "qualified long-term care"	14383
has the same meaning given in section 7702B(c) of the Internal	14384
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	14385
of this section, "dependent" includes a person who otherwise would	14386
be a "qualifying relative" and thus a "dependent" under section	14387
152 of the Internal Revenue Code but for the fact that the person	14388
fails to meet the income and support limitations under section	14389
152(d)(1)(B) and (C) of the Internal Revenue Code.	14390

(12)(a) Deduct any amount included in federal adjusted gross	14391
income solely because the amount represents a reimbursement or	14392
refund of expenses that in any year the taxpayer had deducted as	14393
an itemized deduction pursuant to section 63 of the Internal	14394
Revenue Code and applicable United States department of the	14395
treasury regulations. The deduction otherwise allowed under	14396
division (A)(12)(a) of this section shall be reduced to the extent	14397
the reimbursement is attributable to an amount the taxpayer	14398
deducted under this section in any taxable year.	14399

(b) Add any amount not otherwise included in Ohio adjusted	14400
gross income for any taxable year to the extent that the amount is	14401
attributable to the recovery during the taxable year of any amount	14402
deducted or excluded in computing federal or Ohio adjusted gross	14403
income in any taxable year.	14404

(13) Deduct any portion of the deduction described in section	14405
1341(a)(2) of the Internal Revenue Code, for repaying previously	14406
reported income received under a claim of right, that meets both	14407
of the following requirements:	14408

(a) It is allowable for repayment of an item that was	14409
included in the taxpayer's adjusted gross income for a prior	14410
taxable year and did not qualify for a credit under division (A)	14411
or (B) of section 5747.05 of the Revised Code for that year;	14412

(b) It does not otherwise reduce the taxpayer's adjusted	14413
gross income for the current or any other taxable year.	14414

(14) Deduct an amount equal to the deposits made to, and net	14415
investment earnings of, a medical savings account during the	14416
taxable year, in accordance with section 3924.66 of the Revised	14417
Code. The deduction allowed by division (A)(14) of this section	14418
does not apply to medical savings account deposits and earnings	14419
otherwise deducted or excluded for the current or any other	14420
taxable year from the taxpayer's federal adjusted gross income.	14421

(15)(a) Add an amount equal to the funds withdrawn from a	14422
medical savings account during the taxable year, and the net	14423
investment earnings on those funds, when the funds withdrawn were	14424
used for any purpose other than to reimburse an account holder	14425
for, or to pay, eligible medical expenses, in accordance with	14426
section 3924.66 of the Revised Code;	14427

(b) Add the amounts distributed from a medical savings	14428
account under division (A)(2) of section 3924.68 of the Revised	14429
Code during the taxable year.	14430

(16) Add any amount claimed as a credit under section	14431
5747.059 or 5747.65 of the Revised Code to the extent that such	14432
amount satisfies either of the following:	14433

(a) The amount was deducted or excluded from the computation	14434
of the taxpayer's federal adjusted gross income as required to be	14435
reported for the taxpayer's taxable year under the Internal	14436
Revenue Code;	14437

(b) The amount resulted in a reduction of the taxpayer's	14438
federal adjusted gross income as required to be reported for any	14439
of the taxpayer's taxable years under the Internal Revenue Code.	14440

(17) Deduct the amount contributed by the taxpayer to an	14441
individual development account program established by a county	14442
department of job and family services pursuant to sections 329.11	14443
to 329.14 of the Revised Code for the purpose of matching funds	14444
deposited by program participants. On request of the tax	14445
commissioner, the taxpayer shall provide any information that, in	14446
the tax commissioner's opinion, is necessary to establish the	14447
amount deducted under division (A)(17) of this section.	14448

(18) Beginning in taxable year 2001 but not for any taxable	14449
year beginning after December 31, 2005, if the taxpayer is married	14450
and files a joint return and the combined federal adjusted gross	14451
income of the taxpayer and the taxpayer's spouse for the taxable	14452
year does not exceed one hundred thousand dollars, or if the	14453
taxpayer is single and has a federal adjusted gross income for the	14454
taxable year not exceeding fifty thousand dollars, deduct amounts	14455
paid during the taxable year for qualified tuition and fees paid	14456
to an eligible institution for the taxpayer, the taxpayer's	14457
spouse, or any dependent of the taxpayer, who is a resident of	14458
this state and is enrolled in or attending a program that	14459
culminates in a degree or diploma at an eligible institution. The	14460
deduction may be claimed only to the extent that qualified tuition	14461
and fees are not otherwise deducted or excluded for any taxable	14462
year from federal or Ohio adjusted gross income. The deduction may	14463
not be claimed for educational expenses for which the taxpayer	14464
claims a credit under section 5747.27 of the Revised Code.	14465

(19) Add any reimbursement received during the taxable year	14466
of any amount the taxpayer deducted under division (A)(18) of this	14467
section in any previous taxable year to the extent the amount is	14468
not otherwise included in Ohio adjusted gross income.	14469

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	14470
(v) of this section, add five-sixths of the amount of depreciation	14471
expense allowed by subsection (k) of section 168 of the Internal	14472
Revenue Code, including the taxpayer's proportionate or	14473
distributive share of the amount of depreciation expense allowed	14474
by that subsection to a pass-through entity in which the taxpayer	14475
has a direct or indirect ownership interest.	14476

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	14477
this section, add five-sixths of the amount of qualifying section	14478
179 depreciation expense, including the taxpayer's proportionate	14479
or distributive share of the amount of qualifying section 179	14480
depreciation expense allowed to any pass-through entity in which	14481
the taxpayer has a direct or indirect ownership interest.	14482

(iii) Subject to division (A)(20)(a)(v) of this section, for	14483
taxable years beginning in 2012 or thereafter, if the increase in	14484
income taxes withheld by the taxpayer is equal to or greater than	14485
ten per cent of income taxes withheld by the taxpayer during the	14486
taxpayer's immediately preceding taxable year, "two-thirds" shall	14487
be substituted for "five-sixths" for the purpose of divisions	14488
(A)(20)(a)(i) and (ii) of this section.	14489

(iv) Subject to division (A)(20)(a)(v) of this section, for	14490
taxable years beginning in 2012 or thereafter, a taxpayer is not	14491
required to add an amount under division (A)(20) of this section	14492
if the increase in income taxes withheld by the taxpayer and by	14493
any pass-through entity in which the taxpayer has a direct or	14494
indirect ownership interest is equal to or greater than the sum of	14495
(I) the amount of qualifying section 179 depreciation expense and	14496
(II) the amount of depreciation expense allowed to the taxpayer by	14497
subsection (k) of section 168 of the Internal Revenue Code, and	14498
including the taxpayer's proportionate or distributive shares of	14499
such amounts allowed to any such pass-through entities.	14500

(v) If a taxpayer directly or indirectly incurs a net	14501
operating loss for the taxable year for federal income tax	14502
purposes, to the extent such loss resulted from depreciation	14503
expense allowed by subsection (k) of section 168 of the Internal	14504
Revenue Code and by qualifying section 179 depreciation expense,	14505
"the entire" shall be substituted for "five-sixths of the" for the	14506
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	14507

The tax commissioner, under procedures established by the	14508
commissioner, may waive the add-backs related to a pass-through	14509
entity if the taxpayer owns, directly or indirectly, less than	14510
five per cent of the pass-through entity.	14511

(b) Nothing in division (A)(20) of this section shall be	14512
construed to adjust or modify the adjusted basis of any asset.	14513

(c) To the extent the add-back required under division	14514
(A)(20)(a) of this section is attributable to property generating	14515
nonbusiness income or loss allocated under section 5747.20 of the	14516
Revised Code, the add-back shall be sitused to the same location	14517
as the nonbusiness income or loss generated by the property for	14518
the purpose of determining the credit under division (A) of	14519
section 5747.05 of the Revised Code. Otherwise, the add-back shall	14520
be apportioned, subject to one or more of the four alternative	14521
methods of apportionment enumerated in section 5747.21 of the	14522
Revised Code.	14523

(d) For the purposes of division (A)(20)(a)(v) of this	14524
section, net operating loss carryback and carryforward shall not	14525
include the allowance of any net operating loss deduction	14526
carryback or carryforward to the taxable year to the extent such	14527
loss resulted from depreciation allowed by section 168(k) of the	14528
Internal Revenue Code and by the qualifying section 179	14529
depreciation expense amount.	14530

(e) For the purposes of divisions (A)(20) and (21) of this	14531
section:	14532

(i) "Income taxes withheld" means the total amount withheld	14533
and remitted under sections 5747.06 and 5747.07 of the Revised	14534
Code by an employer during the employer's taxable year.	14535

(ii) "Increase in income taxes withheld" means the amount by	14536
which the amount of income taxes withheld by an employer during	14537
the employer's current taxable year exceeds the amount of income	14538
taxes withheld by that employer during the employer's immediately	14539
preceding taxable year.	14540

(iii) "Qualifying section 179 depreciation expense" means the	14541
difference between (I) the amount of depreciation expense directly	14542
or indirectly allowed to a taxpayer under section 179 of the	14543
Internal Revised Code, and (II) the amount of depreciation expense	14544
directly or indirectly allowed to the taxpayer under section 179	14545
of the Internal Revenue Code as that section existed on December	14546
31, 2002.	14547

(21)(a) If the taxpayer was required to add an amount under	14548
division (A)(20)(a) of this section for a taxable year, deduct one	14549
of the following:	14550

(i) One-fifth of the amount so added for each of the five	14551
succeeding taxable years if the amount so added was five-sixths of	14552
qualifying section 179 depreciation expense or depreciation	14553
expense allowed by subsection (k) of section 168 of the Internal	14554
Revenue Code;	14555

(ii) One-half of the amount so added for each of the two	14556
succeeding taxable years if the amount so added was two-thirds of	14557
such depreciation expense;	14558

(iii) One-sixth of the amount so added for each of the six	14559
succeeding taxable years if the entire amount of such depreciation	14560
expense was so added.	14561

(b) If the amount deducted under division (A)(21)(a) of this	14562
section is attributable to an add-back allocated under division	14563
(A)(20)(c) of this section, the amount deducted shall be sitused	14564
to the same location. Otherwise, the add-back shall be apportioned	14565
using the apportionment factors for the taxable year in which the	14566
deduction is taken, subject to one or more of the four alternative	14567
methods of apportionment enumerated in section 5747.21 of the	14568
Revised Code.	14569

(c) No deduction is available under division (A)(21)(a) of	14570
this section with regard to any depreciation allowed by section	14571
168(k) of the Internal Revenue Code and by the qualifying section	14572
179 depreciation expense amount to the extent that such	14573
depreciation results in or increases a federal net operating loss	14574
carryback or carryforward. If no such deduction is available for a	14575
taxable year, the taxpayer may carry forward the amount not	14576
deducted in such taxable year to the next taxable year and add	14577
that amount to any deduction otherwise available under division	14578
(A)(21)(a) of this section for that next taxable year. The	14579
carryforward of amounts not so deducted shall continue until the	14580
entire addition required by division (A)(20)(a) of this section	14581
has been deducted.	14582

(d) No refund shall be allowed as a result of adjustments	14583
made by division (A)(21) of this section.	14584

(22) Deduct, to the extent not otherwise deducted or excluded	14585
in computing federal or Ohio adjusted gross income for the taxable	14586
year, the amount the taxpayer received during the taxable year as	14587
reimbursement for life insurance premiums under section 5919.31 of	14588
the Revised Code.	14589

(23) Deduct, to the extent not otherwise deducted or excluded	14590
in computing federal or Ohio adjusted gross income for the taxable	14591
year, the amount the taxpayer received during the taxable year as	14592
a death benefit paid by the adjutant general under section 5919.33	14593
of the Revised Code.	14594

(24) Deduct, to the extent included in federal adjusted gross	14595
income and not otherwise allowable as a deduction or exclusion in	14596
computing federal or Ohio adjusted gross income for the taxable	14597
year, military pay and allowances received by the taxpayer during	14598
the taxable year for active duty service in the United States	14599
army, air force, navy, marine corps, or coast guard or reserve	14600
components thereof or the national guard. The deduction may not be	14601
claimed for military pay and allowances received by the taxpayer	14602
while the taxpayer is stationed in this state.	14603

(25) Deduct, to the extent not otherwise allowable as a	14604
deduction or exclusion in computing federal or Ohio adjusted gross	14605
income for the taxable year and not otherwise compensated for by	14606
any other source, the amount of qualified organ donation expenses	14607
incurred by the taxpayer during the taxable year, not to exceed	14608
ten thousand dollars. A taxpayer may deduct qualified organ	14609
donation expenses only once for all taxable years beginning with	14610
taxable years beginning in 2007.	14611

For the purposes of division (A)(25) of this section:

14612

(a) "Human organ" means all or any portion of a human liver,	14613
pancreas, kidney, intestine, or lung, and any portion of human	14614
bone marrow.	14615

(b) "Qualified organ donation expenses" means travel	14616
expenses, lodging expenses, and wages and salary forgone by a	14617
taxpayer in connection with the taxpayer's donation, while living,	14618
of one or more of the taxpayer's human organs to another human	14619
being.	14620

(26) Deduct, to the extent not otherwise deducted or excluded	14621
in computing federal or Ohio adjusted gross income for the taxable	14622
year, amounts received by the taxpayer as retired military	14623
personnel pay for service in the United States army, navy, air	14624
force, coast guard, or marine corps or reserve components thereof,	14625
or the national guard, or received by the surviving spouse or	14626
former spouse of such a taxpayer under the survivor benefit plan	14627
on account of such a taxpayer's death. If the taxpayer receives	14628
income on account of retirement paid under the federal civil	14629
service retirement system or federal employees retirement system,	14630
or under any successor retirement program enacted by the congress	14631
of the United States that is established and maintained for	14632
retired employees of the United States government, and such	14633
retirement income is based, in whole or in part, on credit for the	14634
taxpayer's military service, the deduction allowed under this	14635
division shall include only that portion of such retirement income	14636
that is attributable to the taxpayer's military service, to the	14637
extent that portion of such retirement income is otherwise	14638
included in federal adjusted gross income and is not otherwise	14639
deducted under this section. Any amount deducted under division	14640
(A)(26) of this section is not included in a taxpayer's adjusted	14641
gross income for the purposes of section 5747.055 of the Revised	14642
Code. No amount may be deducted under division (A)(26) of this	14643
section on the basis of which a credit was claimed under section	14644
5747.055 of the Revised Code.	14645

(27) Deduct, to the extent not otherwise deducted or excluded	14646
in computing federal or Ohio adjusted gross income for the taxable	14647
year, the amount the taxpayer received during the taxable year	14648
from the military injury relief fund created in section 5101.98 of	14649
the Revised Code.	14650

(28) Deduct, to the extent not otherwise deducted or excluded	14651
in computing federal or Ohio adjusted gross income for the taxable	14652
year, the amount the taxpayer received as a veterans bonus during	14653
the taxable year from the Ohio department of veterans services as	14654
authorized by Section 2r of Article VIII, Ohio Constitution.	14655

(29) Deduct, to the extent not otherwise deducted or excluded	14656
in computing federal or Ohio adjusted gross income for the taxable	14657
year, any loss from wagering transactions that is allowed as an	14658
itemized deduction under section 165 of the Internal Revenue Code	14659
and that the taxpayer deducted in computing federal taxable	14660
income.	14661

(30) Deduct, to the extent not otherwise deducted or excluded	14662
in computing federal or Ohio adjusted gross income for the taxable	14663
year, any income ~~derived from providing public services under a~~	14664
~~contract through a project owned by the state, as described in~~	14665
~~section 126.604 of the Revised Code or~~ derived from a transfer	14666
agreement or from the enterprise transferred under that agreement	14667
under section 4313.02 of the Revised Code.	14668

(31) Deduct, to the extent not otherwise deducted or excluded	14669
in computing federal or Ohio adjusted gross income for the taxable	14670
year, Ohio college opportunity or federal Pell grant amounts	14671
received by the taxpayer or the taxpayer's spouse or dependent	14672
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	14673
1070a, et seq., and used to pay room or board furnished by the	14674
educational institution for which the grant was awarded at the	14675
institution's facilities, including meal plans administered by the	14676
institution. For the purposes of this division, receipt of a grant	14677
includes the distribution of a grant directly to an educational	14678
institution and the crediting of the grant to the enrollee's	14679
account with the institution.	14680

(B) "Business income" means income, including gain or loss,	14681
arising from transactions, activities, and sources in the regular	14682
course of a trade or business and includes income, gain, or loss	14683
from real property, tangible property, and intangible property if	14684
the acquisition, rental, management, and disposition of the	14685
property constitute integral parts of the regular course of a	14686
trade or business operation. "Business income" includes income,	14687
including gain or loss, from a partial or complete liquidation of	14688
a business, including, but not limited to, gain or loss from the	14689
sale or other disposition of goodwill.	14690

(C) "Nonbusiness income" means all income other than business	14691
income and may include, but is not limited to, compensation, rents	14692
and royalties from real or tangible personal property, capital	14693
gains, interest, dividends and distributions, patent or copyright	14694
royalties, or lottery winnings, prizes, and awards.	14695

(D) "Compensation" means any form of remuneration paid to an	14696
employee for personal services.	14697

(E) "Fiduciary" means a guardian, trustee, executor,	14698
administrator, receiver, conservator, or any other person acting	14699
in any fiduciary capacity for any individual, trust, or estate.	14700

(F) "Fiscal year" means an accounting period of twelve months	14701
ending on the last day of any month other than December.	14702

(G) "Individual" means any natural person.

14703

(H) "Internal Revenue Code" means the "Internal Revenue Code	14704
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	14705

(I) "Resident" means any of the following, provided that	14706
division (I)(3) of this section applies only to taxable years of a	14707
trust beginning in 2002 or thereafter:	14708

(1) An individual who is domiciled in this state, subject to	14709
section 5747.24 of the Revised Code;	14710

(2) The estate of a decedent who at the time of death was	14711
domiciled in this state. The domicile tests of section 5747.24 of	14712
the Revised Code are not controlling for purposes of division	14713
(I)(2) of this section.	14714

(3) A trust that, in whole or part, resides in this state. If	14715
only part of a trust resides in this state, the trust is a	14716
resident only with respect to that part.	14717

For the purposes of division (I)(3) of this section:

14718

(a) A trust resides in this state for the trust's current	14719
taxable year to the extent, as described in division (I)(3)(d) of	14720
this section, that the trust consists directly or indirectly, in	14721
whole or in part, of assets, net of any related liabilities, that	14722
were transferred, or caused to be transferred, directly or	14723
indirectly, to the trust by any of the following:	14724

(i) A person, a court, or a governmental entity or	14725
instrumentality on account of the death of a decedent, but only if	14726
the trust is described in division (I)(3)(e)(i) or (ii) of this	14727
section;	14728

(ii) A person who was domiciled in this state for the	14729
purposes of this chapter when the person directly or indirectly	14730
transferred assets to an irrevocable trust, but only if at least	14731
one of the trust's qualifying beneficiaries is domiciled in this	14732
state for the purposes of this chapter during all or some portion	14733
of the trust's current taxable year;	14734

(iii) A person who was domiciled in this state for the	14735
purposes of this chapter when the trust document or instrument or	14736
part of the trust document or instrument became irrevocable, but	14737
only if at least one of the trust's qualifying beneficiaries is a	14738
resident domiciled in this state for the purposes of this chapter	14739
during all or some portion of the trust's current taxable year. If	14740
a trust document or instrument became irrevocable upon the death	14741
of a person who at the time of death was domiciled in this state	14742
for purposes of this chapter, that person is a person described in	14743
division (I)(3)(a)(iii) of this section.	14744

(b) A trust is irrevocable to the extent that the transferor	14745
is not considered to be the owner of the net assets of the trust	14746
under sections 671 to 678 of the Internal Revenue Code.	14747

(c) With respect to a trust other than a charitable lead	14748
trust, "qualifying beneficiary" has the same meaning as "potential	14749
current beneficiary" as defined in section 1361(e)(2) of the	14750
Internal Revenue Code, and with respect to a charitable lead trust	14751
"qualifying beneficiary" is any current, future, or contingent	14752
beneficiary, but with respect to any trust "qualifying	14753
beneficiary" excludes a person or a governmental entity or	14754
instrumentality to any of which a contribution would qualify for	14755
the charitable deduction under section 170 of the Internal Revenue	14756
Code.	14757

(d) For the purposes of division (I)(3)(a) of this section,	14758
the extent to which a trust consists directly or indirectly, in	14759
whole or in part, of assets, net of any related liabilities, that	14760
were transferred directly or indirectly, in whole or part, to the	14761
trust by any of the sources enumerated in that division shall be	14762
ascertained by multiplying the fair market value of the trust's	14763
assets, net of related liabilities, by the qualifying ratio, which	14764
shall be computed as follows:	14765

(i) The first time the trust receives assets, the numerator	14766
of the qualifying ratio is the fair market value of those assets	14767
at that time, net of any related liabilities, from sources	14768
enumerated in division (I)(3)(a) of this section. The denominator	14769
of the qualifying ratio is the fair market value of all the	14770
trust's assets at that time, net of any related liabilities.	14771

(ii) Each subsequent time the trust receives assets, a	14772
revised qualifying ratio shall be computed. The numerator of the	14773
revised qualifying ratio is the sum of (1) the fair market value	14774
of the trust's assets immediately prior to the subsequent	14775
transfer, net of any related liabilities, multiplied by the	14776
qualifying ratio last computed without regard to the subsequent	14777
transfer, and (2) the fair market value of the subsequently	14778
transferred assets at the time transferred, net of any related	14779
liabilities, from sources enumerated in division (I)(3)(a) of this	14780
section. The denominator of the revised qualifying ratio is the	14781
fair market value of all the trust's assets immediately after the	14782
subsequent transfer, net of any related liabilities.	14783

(iii) Whether a transfer to the trust is by or from any of	14784
the sources enumerated in division (I)(3)(a) of this section shall	14785
be ascertained without regard to the domicile of the trust's	14786
beneficiaries.	14787

(e) For the purposes of division (I)(3)(a)(i) of this	14788
section:	14789

(i) A trust is described in division (I)(3)(e)(i) of this	14790
section if the trust is a testamentary trust and the testator of	14791
that testamentary trust was domiciled in this state at the time of	14792
the testator's death for purposes of the taxes levied under	14793
Chapter 5731. of the Revised Code.	14794

(ii) A trust is described in division (I)(3)(e)(ii) of this	14795
section if the transfer is a qualifying transfer described in any	14796
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	14797
irrevocable inter vivos trust, and at least one of the trust's	14798
qualifying beneficiaries is domiciled in this state for purposes	14799
of this chapter during all or some portion of the trust's current	14800
taxable year.	14801

(f) For the purposes of division (I)(3)(e)(ii) of this	14802
section, a "qualifying transfer" is a transfer of assets, net of	14803
any related liabilities, directly or indirectly to a trust, if the	14804
transfer is described in any of the following:	14805

(i) The transfer is made to a trust, created by the decedent	14806
before the decedent's death and while the decedent was domiciled	14807
in this state for the purposes of this chapter, and, prior to the	14808
death of the decedent, the trust became irrevocable while the	14809
decedent was domiciled in this state for the purposes of this	14810
chapter.	14811

(ii) The transfer is made to a trust to which the decedent,	14812
prior to the decedent's death, had directly or indirectly	14813
transferred assets, net of any related liabilities, while the	14814
decedent was domiciled in this state for the purposes of this	14815
chapter, and prior to the death of the decedent the trust became	14816
irrevocable while the decedent was domiciled in this state for the	14817
purposes of this chapter.	14818

(iii) The transfer is made on account of a contractual	14819
relationship existing directly or indirectly between the	14820
transferor and either the decedent or the estate of the decedent	14821
at any time prior to the date of the decedent's death, and the	14822
decedent was domiciled in this state at the time of death for	14823
purposes of the taxes levied under Chapter 5731. of the Revised	14824
Code.	14825

(iv) The transfer is made to a trust on account of a	14826
contractual relationship existing directly or indirectly between	14827
the transferor and another person who at the time of the	14828
decedent's death was domiciled in this state for purposes of this	14829
chapter.	14830

(v) The transfer is made to a trust on account of the will of	14831
a testator who was domiciled in this state at the time of the	14832
testator's death for purposes of the taxes levied under Chapter	14833
5731. of the Revised Code.	14834

(vi) The transfer is made to a trust created by or caused to	14835
be created by a court, and the trust was directly or indirectly	14836
created in connection with or as a result of the death of an	14837
individual who, for purposes of the taxes levied under Chapter	14838
5731. of the Revised Code, was domiciled in this state at the time	14839
of the individual's death.	14840

(g) The tax commissioner may adopt rules to ascertain the	14841
part of a trust residing in this state.	14842

(J) "Nonresident" means an individual or estate that is not a	14843
resident. An individual who is a resident for only part of a	14844
taxable year is a nonresident for the remainder of that taxable	14845
year.	14846

(K) "Pass-through entity" has the same meaning as in section	14847
5733.04 of the Revised Code.	14848

(L) "Return" means the notifications and reports required to	14849
be filed pursuant to this chapter for the purpose of reporting the	14850
tax due and includes declarations of estimated tax when so	14851
required.	14852

(M) "Taxable year" means the calendar year or the taxpayer's	14853
fiscal year ending during the calendar year, or fractional part	14854
thereof, upon which the adjusted gross income is calculated	14855
pursuant to this chapter.	14856

(N) "Taxpayer" means any person subject to the tax imposed by	14857
section 5747.02 of the Revised Code or any pass-through entity	14858
that makes the election under division (D) of section 5747.08 of	14859
the Revised Code.	14860

(O) "Dependents" means dependents as defined in the Internal	14861
Revenue Code and as claimed in the taxpayer's federal income tax	14862
return for the taxable year or which the taxpayer would have been	14863
permitted to claim had the taxpayer filed a federal income tax	14864
return.	14865

(P) "Principal county of employment" means, in the case of a	14866
nonresident, the county within the state in which a taxpayer	14867
performs services for an employer or, if those services are	14868
performed in more than one county, the county in which the major	14869
portion of the services are performed.	14870

(Q) As used in sections 5747.50 to 5747.55 of the Revised	14871
Code:	14872

(1) "Subdivision" means any county, municipal corporation,	14873
park district, or township.	14874

(2) "Essential local government purposes" includes all	14875
functions that any subdivision is required by general law to	14876
exercise, including like functions that are exercised under a	14877
charter adopted pursuant to the Ohio Constitution.	14878

(R) "Overpayment" means any amount already paid that exceeds	14879
the figure determined to be the correct amount of the tax.	14880

(S) "Taxable income" or "Ohio taxable income" applies only to	14881
estates and trusts, and means federal taxable income, as defined	14882
and used in the Internal Revenue Code, adjusted as follows:	14883

(1) Add interest or dividends, net of ordinary, necessary,	14884
and reasonable expenses not deducted in computing federal taxable	14885
income, on obligations or securities of any state or of any	14886
political subdivision or authority of any state, other than this	14887
state and its subdivisions and authorities, but only to the extent	14888
that such net amount is not otherwise includible in Ohio taxable	14889
income and is described in either division (S)(1)(a) or (b) of	14890
this section:	14891

(a) The net amount is not attributable to the S portion of an	14892
electing small business trust and has not been distributed to	14893
beneficiaries for the taxable year;	14894

(b) The net amount is attributable to the S portion of an	14895
electing small business trust for the taxable year.	14896

(2) Add interest or dividends, net of ordinary, necessary,	14897
and reasonable expenses not deducted in computing federal taxable	14898
income, on obligations of any authority, commission,	14899
instrumentality, territory, or possession of the United States to	14900
the extent that the interest or dividends are exempt from federal	14901
income taxes but not from state income taxes, but only to the	14902
extent that such net amount is not otherwise includible in Ohio	14903
taxable income and is described in either division (S)(1)(a) or	14904
(b) of this section;	14905

(3) Add the amount of personal exemption allowed to the	14906
estate pursuant to section 642(b) of the Internal Revenue Code;	14907

(4) Deduct interest or dividends, net of related expenses	14908
deducted in computing federal taxable income, on obligations of	14909
the United States and its territories and possessions or of any	14910
authority, commission, or instrumentality of the United States to	14911
the extent that the interest or dividends are exempt from state	14912
taxes under the laws of the United States, but only to the extent	14913
that such amount is included in federal taxable income and is	14914
described in either division (S)(1)(a) or (b) of this section;	14915

(5) Deduct the amount of wages and salaries, if any, not	14916
otherwise allowable as a deduction but that would have been	14917
allowable as a deduction in computing federal taxable income for	14918
the taxable year, had the targeted jobs credit allowed under	14919
sections 38, 51, and 52 of the Internal Revenue Code not been in	14920
effect, but only to the extent such amount relates either to	14921
income included in federal taxable income for the taxable year or	14922
to income of the S portion of an electing small business trust for	14923
the taxable year;	14924

(6) Deduct any interest or interest equivalent, net of	14925
related expenses deducted in computing federal taxable income, on	14926
public obligations and purchase obligations, but only to the	14927
extent that such net amount relates either to income included in	14928
federal taxable income for the taxable year or to income of the S	14929
portion of an electing small business trust for the taxable year;	14930

(7) Add any loss or deduct any gain resulting from sale,	14931
exchange, or other disposition of public obligations to the extent	14932
that such loss has been deducted or such gain has been included in	14933
computing either federal taxable income or income of the S portion	14934
of an electing small business trust for the taxable year;	14935

(8) Except in the case of the final return of an estate, add	14936
any amount deducted by the taxpayer on both its Ohio estate tax	14937
return pursuant to section 5731.14 of the Revised Code, and on its	14938
federal income tax return in determining federal taxable income;	14939

(9)(a) Deduct any amount included in federal taxable income	14940
solely because the amount represents a reimbursement or refund of	14941
expenses that in a previous year the decedent had deducted as an	14942
itemized deduction pursuant to section 63 of the Internal Revenue	14943
Code and applicable treasury regulations. The deduction otherwise	14944
allowed under division (S)(9)(a) of this section shall be reduced	14945
to the extent the reimbursement is attributable to an amount the	14946
taxpayer or decedent deducted under this section in any taxable	14947
year.	14948

(b) Add any amount not otherwise included in Ohio taxable	14949
income for any taxable year to the extent that the amount is	14950
attributable to the recovery during the taxable year of any amount	14951
deducted or excluded in computing federal or Ohio taxable income	14952
in any taxable year, but only to the extent such amount has not	14953
been distributed to beneficiaries for the taxable year.	14954

(10) Deduct any portion of the deduction described in section	14955
1341(a)(2) of the Internal Revenue Code, for repaying previously	14956
reported income received under a claim of right, that meets both	14957
of the following requirements:	14958

(a) It is allowable for repayment of an item that was	14959
included in the taxpayer's taxable income or the decedent's	14960
adjusted gross income for a prior taxable year and did not qualify	14961
for a credit under division (A) or (B) of section 5747.05 of the	14962
Revised Code for that year.	14963

(b) It does not otherwise reduce the taxpayer's taxable	14964
income or the decedent's adjusted gross income for the current or	14965
any other taxable year.	14966

(11) Add any amount claimed as a credit under section	14967
5747.059 or 5747.65 of the Revised Code to the extent that the	14968
amount satisfies either of the following:	14969

(a) The amount was deducted or excluded from the computation	14970
of the taxpayer's federal taxable income as required to be	14971
reported for the taxpayer's taxable year under the Internal	14972
Revenue Code;	14973

(b) The amount resulted in a reduction in the taxpayer's	14974
federal taxable income as required to be reported for any of the	14975
taxpayer's taxable years under the Internal Revenue Code.	14976

(12) Deduct any amount, net of related expenses deducted in	14977
computing federal taxable income, that a trust is required to	14978
report as farm income on its federal income tax return, but only	14979
if the assets of the trust include at least ten acres of land	14980
satisfying the definition of "land devoted exclusively to	14981
agricultural use" under section 5713.30 of the Revised Code,	14982
regardless of whether the land is valued for tax purposes as such	14983
land under sections 5713.30 to 5713.38 of the Revised Code. If the	14984
trust is a pass-through entity investor, section 5747.231 of the	14985
Revised Code applies in ascertaining if the trust is eligible to	14986
claim the deduction provided by division (S)(12) of this section	14987
in connection with the pass-through entity's farm income.	14988

Except for farm income attributable to the S portion of an	14989
electing small business trust, the deduction provided by division	14990
(S)(12) of this section is allowed only to the extent that the	14991
trust has not distributed such farm income. Division (S)(12) of	14992
this section applies only to taxable years of a trust beginning in	14993
2002 or thereafter.	14994

(13) Add the net amount of income described in section 641(c)	14995
of the Internal Revenue Code to the extent that amount is not	14996
included in federal taxable income.	14997

(14) Add or deduct the amount the taxpayer would be required	14998
to add or deduct under division (A)(20) or (21) of this section if	14999
the taxpayer's Ohio taxable income were computed in the same	15000
manner as an individual's Ohio adjusted gross income is computed	15001
under this section. In the case of a trust, division (S)(14) of	15002
this section applies only to any of the trust's taxable years	15003
beginning in 2002 or thereafter.	15004

(T) "School district income" and "school district income tax"	15005
have the same meanings as in section 5748.01 of the Revised Code.	15006

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	15007
of this section, "public obligations," "purchase obligations," and	15008
"interest or interest equivalent" have the same meanings as in	15009
section 5709.76 of the Revised Code.	15010

(V) "Limited liability company" means any limited liability	15011
company formed under Chapter 1705. of the Revised Code or under	15012
the laws of any other state.	15013

(W) "Pass-through entity investor" means any person who,	15014
during any portion of a taxable year of a pass-through entity, is	15015
a partner, member, shareholder, or equity investor in that	15016
pass-through entity.	15017

(X) "Banking day" has the same meaning as in section 1304.01	15018
of the Revised Code.	15019

(Y) "Month" means a calendar month.

15020

(Z) "Quarter" means the first three months, the second three	15021
months, the third three months, or the last three months of the	15022
taxpayer's taxable year.	15023

(AA)(1) "Eligible institution" means a state university or	15024
state institution of higher education as defined in section	15025
3345.011 of the Revised Code, or a private, nonprofit college,	15026
university, or other post-secondary institution located in this	15027
state that possesses a certificate of authorization issued by the	15028
Ohio board of regents pursuant to Chapter 1713. of the Revised	15029
Code or a certificate of registration issued by the state board of	15030
career colleges and schools under Chapter 3332. of the Revised	15031
Code.	15032

(2) "Qualified tuition and fees" means tuition and fees	15033
imposed by an eligible institution as a condition of enrollment or	15034
attendance, not exceeding two thousand five hundred dollars in	15035
each of the individual's first two years of post-secondary	15036
education. If the individual is a part-time student, "qualified	15037
tuition and fees" includes tuition and fees paid for the academic	15038
equivalent of the first two years of post-secondary education	15039
during a maximum of five taxable years, not exceeding a total of	15040
five thousand dollars. "Qualified tuition and fees" does not	15041
include:	15042

(a) Expenses for any course or activity involving sports,	15043
games, or hobbies unless the course or activity is part of the	15044
individual's degree or diploma program;	15045

(b) The cost of books, room and board, student activity fees,	15046
athletic fees, insurance expenses, or other expenses unrelated to	15047
the individual's academic course of instruction;	15048

(c) Tuition, fees, or other expenses paid or reimbursed	15049
through an employer, scholarship, grant in aid, or other	15050
educational benefit program.	15051

(BB)(1) "Modified business income" means the business income	15052
included in a trust's Ohio taxable income after such taxable	15053
income is first reduced by the qualifying trust amount, if any.	15054

(2) "Qualifying trust amount" of a trust means capital gains	15055
and losses from the sale, exchange, or other disposition of equity	15056
or ownership interests in, or debt obligations of, a qualifying	15057
investee to the extent included in the trust's Ohio taxable	15058
income, but only if the following requirements are satisfied:	15059

(a) The book value of the qualifying investee's physical	15060
assets in this state and everywhere, as of the last day of the	15061
qualifying investee's fiscal or calendar year ending immediately	15062
prior to the date on which the trust recognizes the gain or loss,	15063
is available to the trust.	15064

(b) The requirements of section 5747.011 of the Revised Code	15065
are satisfied for the trust's taxable year in which the trust	15066
recognizes the gain or loss.	15067

Any gain or loss that is not a qualifying trust amount is	15068
modified business income, qualifying investment income, or	15069
modified nonbusiness income, as the case may be.	15070

(3) "Modified nonbusiness income" means a trust's Ohio	15071
taxable income other than modified business income, other than the	15072
qualifying trust amount, and other than qualifying investment	15073
income, as defined in section 5747.012 of the Revised Code, to the	15074
extent such qualifying investment income is not otherwise part of	15075
modified business income.	15076

(4) "Modified Ohio taxable income" applies only to trusts,	15077
and means the sum of the amounts described in divisions (BB)(4)(a)	15078
to (c) of this section:	15079

(a) The fraction, calculated under section 5747.013, and	15080
applying section 5747.231 of the Revised Code, multiplied by the	15081
sum of the following amounts:	15082

(i) The trust's modified business income;

15083

(ii) The trust's qualifying investment income, as defined in	15084
section 5747.012 of the Revised Code, but only to the extent the	15085
qualifying investment income does not otherwise constitute	15086
modified business income and does not otherwise constitute a	15087
qualifying trust amount.	15088

(b) The qualifying trust amount multiplied by a fraction, the	15089
numerator of which is the sum of the book value of the qualifying	15090
investee's physical assets in this state on the last day of the	15091
qualifying investee's fiscal or calendar year ending immediately	15092
prior to the day on which the trust recognizes the qualifying	15093
trust amount, and the denominator of which is the sum of the book	15094
value of the qualifying investee's total physical assets	15095
everywhere on the last day of the qualifying investee's fiscal or	15096
calendar year ending immediately prior to the day on which the	15097
trust recognizes the qualifying trust amount. If, for a taxable	15098
year, the trust recognizes a qualifying trust amount with respect	15099
to more than one qualifying investee, the amount described in	15100
division (BB)(4)(b) of this section shall equal the sum of the	15101
products so computed for each such qualifying investee.	15102

(c)(i) With respect to a trust or portion of a trust that is	15103
a resident as ascertained in accordance with division (I)(3)(d) of	15104
this section, its modified nonbusiness income.	15105

(ii) With respect to a trust or portion of a trust that is	15106
not a resident as ascertained in accordance with division	15107
(I)(3)(d) of this section, the amount of its modified nonbusiness	15108
income satisfying the descriptions in divisions (B)(2) to (5) of	15109
section 5747.20 of the Revised Code, except as otherwise provided	15110
in division (BB)(4)(c)(ii) of this section. With respect to a	15111
trust or portion of a trust that is not a resident as ascertained	15112
in accordance with division (I)(3)(d) of this section, the trust's	15113
portion of modified nonbusiness income recognized from the sale,	15114
exchange, or other disposition of a debt interest in or equity	15115
interest in a section 5747.212 entity, as defined in section	15116
5747.212 of the Revised Code, without regard to division (A) of	15117
that section, shall not be allocated to this state in accordance	15118
with section 5747.20 of the Revised Code but shall be apportioned	15119
to this state in accordance with division (B) of section 5747.212	15120
of the Revised Code without regard to division (A) of that	15121
section.	15122

If the allocation and apportionment of a trust's income under	15123
divisions (BB)(4)(a) and (c) of this section do not fairly	15124
represent the modified Ohio taxable income of the trust in this	15125
state, the alternative methods described in division (C) of	15126
section 5747.21 of the Revised Code may be applied in the manner	15127
and to the same extent provided in that section.	15128

(5)(a) Except as set forth in division (BB)(5)(b) of this	15129
section, "qualifying investee" means a person in which a trust has	15130
an equity or ownership interest, or a person or unit of government	15131
the debt obligations of either of which are owned by a trust. For	15132
the purposes of division (BB)(2)(a) of this section and for the	15133
purpose of computing the fraction described in division (BB)(4)(b)	15134
of this section, all of the following apply:	15135

(i) If the qualifying investee is a member of a qualifying	15136
controlled group on the last day of the qualifying investee's	15137
fiscal or calendar year ending immediately prior to the date on	15138
which the trust recognizes the gain or loss, then "qualifying	15139
investee" includes all persons in the qualifying controlled group	15140
on such last day.	15141

(ii) If the qualifying investee, or if the qualifying	15142
investee and any members of the qualifying controlled group of	15143
which the qualifying investee is a member on the last day of the	15144
qualifying investee's fiscal or calendar year ending immediately	15145
prior to the date on which the trust recognizes the gain or loss,	15146
separately or cumulatively own, directly or indirectly, on the	15147
last day of the qualifying investee's fiscal or calendar year	15148
ending immediately prior to the date on which the trust recognizes	15149
the qualifying trust amount, more than fifty per cent of the	15150
equity of a pass-through entity, then the qualifying investee and	15151
the other members are deemed to own the proportionate share of the	15152
pass-through entity's physical assets which the pass-through	15153
entity directly or indirectly owns on the last day of the	15154
pass-through entity's calendar or fiscal year ending within or	15155
with the last day of the qualifying investee's fiscal or calendar	15156
year ending immediately prior to the date on which the trust	15157
recognizes the qualifying trust amount.	15158

(iii) For the purposes of division (BB)(5)(a)(iii) of this	15159
section, "upper level pass-through entity" means a pass-through	15160
entity directly or indirectly owning any equity of another	15161
pass-through entity, and "lower level pass-through entity" means	15162
that other pass-through entity.	15163

An upper level pass-through entity, whether or not it is also	15164
a qualifying investee, is deemed to own, on the last day of the	15165
upper level pass-through entity's calendar or fiscal year, the	15166
proportionate share of the lower level pass-through entity's	15167
physical assets that the lower level pass-through entity directly	15168
or indirectly owns on the last day of the lower level pass-through	15169
entity's calendar or fiscal year ending within or with the last	15170
day of the upper level pass-through entity's fiscal or calendar	15171
year. If the upper level pass-through entity directly and	15172
indirectly owns less than fifty per cent of the equity of the	15173
lower level pass-through entity on each day of the upper level	15174
pass-through entity's calendar or fiscal year in which or with	15175
which ends the calendar or fiscal year of the lower level	15176
pass-through entity and if, based upon clear and convincing	15177
evidence, complete information about the location and cost of the	15178
physical assets of the lower pass-through entity is not available	15179
to the upper level pass-through entity, then solely for purposes	15180
of ascertaining if a gain or loss constitutes a qualifying trust	15181
amount, the upper level pass-through entity shall be deemed as	15182
owning no equity of the lower level pass-through entity for each	15183
day during the upper level pass-through entity's calendar or	15184
fiscal year in which or with which ends the lower level	15185
pass-through entity's calendar or fiscal year. Nothing in division	15186
(BB)(5)(a)(iii) of this section shall be construed to provide for	15187
any deduction or exclusion in computing any trust's Ohio taxable	15188
income.	15189

(b) With respect to a trust that is not a resident for the	15190
taxable year and with respect to a part of a trust that is not a	15191
resident for the taxable year, "qualifying investee" for that	15192
taxable year does not include a C corporation if both of the	15193
following apply:	15194

(i) During the taxable year the trust or part of the trust	15195
recognizes a gain or loss from the sale, exchange, or other	15196
disposition of equity or ownership interests in, or debt	15197
obligations of, the C corporation.	15198

(ii) Such gain or loss constitutes nonbusiness income.

15199

(6) "Available" means information is such that a person is	15200
able to learn of the information by the due date plus extensions,	15201
if any, for filing the return for the taxable year in which the	15202
trust recognizes the gain or loss.	15203

(CC) "Qualifying controlled group" has the same meaning as in	15204
section 5733.04 of the Revised Code.	15205

(DD) "Related member" has the same meaning as in section	15206
5733.042 of the Revised Code.	15207

(EE)(1) For the purposes of division (EE) of this section:

15208

(a) "Qualifying person" means any person other than a	15209
qualifying corporation.	15210

(b) "Qualifying corporation" means any person classified for	15211
federal income tax purposes as an association taxable as a	15212
corporation, except either of the following:	15213

(i) A corporation that has made an election under subchapter	15214
S, chapter one, subtitle A, of the Internal Revenue Code for its	15215
taxable year ending within, or on the last day of, the investor's	15216
taxable year;	15217

(ii) A subsidiary that is wholly owned by any corporation	15218
that has made an election under subchapter S, chapter one,	15219
subtitle A of the Internal Revenue Code for its taxable year	15220
ending within, or on the last day of, the investor's taxable year.	15221

(2) For the purposes of this chapter, unless expressly stated	15222
otherwise, no qualifying person indirectly owns any asset directly	15223
or indirectly owned by any qualifying corporation.	15224

(FF) For purposes of this chapter and Chapter 5751. of the	15225
Revised Code:	15226

(1) "Trust" does not include a qualified pre-income tax	15227
trust.	15228

(2) A "qualified pre-income tax trust" is any pre-income tax	15229
trust that makes a qualifying pre-income tax trust election as	15230
described in division (FF)(3) of this section.	15231

(3) A "qualifying pre-income tax trust election" is an	15232
election by a pre-income tax trust to subject to the tax imposed	15233
by section 5751.02 of the Revised Code the pre-income tax trust	15234
and all pass-through entities of which the trust owns or controls,	15235
directly, indirectly, or constructively through related interests,	15236
five per cent or more of the ownership or equity interests. The	15237
trustee shall notify the tax commissioner in writing of the	15238
election on or before April 15, 2006. The election, if timely	15239
made, shall be effective on and after January 1, 2006, and shall	15240
apply for all tax periods and tax years until revoked by the	15241
trustee of the trust.	15242

(4) A "pre-income tax trust" is a trust that satisfies all of	15243
the following requirements:	15244

(a) The document or instrument creating the trust was	15245
executed by the grantor before January 1, 1972;	15246

(b) The trust became irrevocable upon the creation of the	15247
trust; and	15248

(c) The grantor was domiciled in this state at the time the	15249
trust was created.	15250

Sec. 5747.053. (A) As used in this section:

15251

(1) "Baseline qualifying toll rate" means the rate remitted	15252
by an individual taxpayer to access a turnpike project in	15253
accordance with a multi-jurisdictional electronic toll collection	15254
agreement as fixed on the day H.B. 51 of the 130th General	15255
Assembly becomes law.	15256

(2) "Qualifying toll" means a toll remitted in accordance	15257
with a multi-jurisdictional electronic toll collection agreement	15258
to access a turnpike project after the day H.B. 51 of the 130th	15259
General Assembly becomes law but before July 1, 2022.	15260

(3) "Threshold toll rate" means the baseline qualifying toll	15261
rate multiplied by the sum of one plus the percentage increase of	15262
the increased consumer price index, if any.	15263

(4) "Increased consumer price index" means the percentage	15264
increase of the consumer price index from the month in which H.B.	15265
51 of the 130th general assembly becomes law through September of	15266
the taxable year for which the credit is computed under this	15267
section.	15268

(5) "Consumer price index" means the consumer price index for	15269
all urban consumers (United States city average, all items),	15270
prepared by the United States department of labor, bureau of labor	15271
statistics.	15272

(6) "Turnpike project" has the same meaning as in section	15273
5537.01 of the Revised Code.	15274

(B) There is hereby allowed a nonrefundable credit against	15275
the tax imposed under section 5747.02 of the Revised Code equal to	15276
the excess of (1) the amount of qualifying tolls an individual	15277
taxpayer remits to access a turnpike project during the taxable	15278
year over (2) the amount of qualifying tolls the taxpayer would	15279
have remitted for the same access if the threshold toll rate had	15280
been in effect for the entirety of the taxable year. The credit	15281
shall be claimed in the order prescribed by section 5747.98 of the	15282
Revised Code.	15283

(C) A taxpayer may not claim a credit authorized by this	15284
section for a taxable year beginning on or after July 1, 2022.	15285

(D) The tax commissioner may require a taxpayer claiming the	15286
credit authorized under this section to provide documents	15287
verifying the amount of qualifying tolls the taxpayer remitted for	15288
the taxable year.	15289

Sec. 5747.08. An annual return with respect to the tax	15290
imposed by section 5747.02 of the Revised Code and each tax	15291
imposed under Chapter 5748. of the Revised Code shall be made by	15292
every taxpayer for any taxable year for which the taxpayer is	15293
liable for the tax imposed by that section or under that chapter,	15294
unless the total credits allowed under divisions (E), (F), and (G)	15295
of section 5747.05 of the Revised Code for the year are equal to	15296
or exceed the tax imposed by section 5747.02 of the Revised Code,	15297
in which case no return shall be required unless the taxpayer is	15298
liable for a tax imposed pursuant to Chapter 5748. of the Revised	15299
Code.	15300

(A) If an individual is deceased, any return or notice	15301
required of that individual under this chapter shall be made and	15302
filed by that decedent's executor, administrator, or other person	15303
charged with the property of that decedent.	15304

(B) If an individual is unable to make a return or notice	15305
required by this chapter, the return or notice required of that	15306
individual shall be made and filed by the individual's duly	15307
authorized agent, guardian, conservator, fiduciary, or other	15308
person charged with the care of the person or property of that	15309
individual.	15310

(C) Returns or notices required of an estate or a trust shall	15311
be made and filed by the fiduciary of the estate or trust.	15312

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	15313
of this section, any pass-through entity may file a single return	15314
on behalf of one or more of the entity's investors other than an	15315
investor that is a person subject to the tax imposed under section	15316
5733.06 of the Revised Code. The single return shall set forth the	15317
name, address, and social security number or other identifying	15318
number of each of those pass-through entity investors and shall	15319
indicate the distributive share of each of those pass-through	15320
entity investor's income taxable in this state in accordance with	15321
sections 5747.20 to 5747.231 of the Revised Code. Such	15322
pass-through entity investors for whom the pass-through entity	15323
elects to file a single return are not entitled to the exemption	15324
or credit provided for by sections 5747.02 and 5747.022 of the	15325
Revised Code; shall calculate the tax before business credits at	15326
the highest rate of tax set forth in section 5747.02 of the	15327
Revised Code for the taxable year for which the return is filed;	15328
and are entitled to only their distributive share of the business	15329
credits as defined in division (D)(2) of this section. A single	15330
check drawn by the pass-through entity shall accompany the return	15331
in full payment of the tax due, as shown on the single return, for	15332
such investors, other than investors who are persons subject to	15333
the tax imposed under section 5733.06 of the Revised Code.	15334

(b)(i) A pass-through entity shall not include in such a	15335
single return any investor that is a trust to the extent that any	15336
direct or indirect current, future, or contingent beneficiary of	15337
the trust is a person subject to the tax imposed under section	15338
5733.06 of the Revised Code.	15339

(ii) A pass-through entity shall not include in such a single	15340
return any investor that is itself a pass-through entity to the	15341
extent that any direct or indirect investor in the second	15342
pass-through entity is a person subject to the tax imposed under	15343
section 5733.06 of the Revised Code.	15344

(c) Nothing in division (D) of this section precludes the tax	15345
commissioner from requiring such investors to file the return and	15346
make the payment of taxes and related interest, penalty, and	15347
interest penalty required by this section or section 5747.02,	15348
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	15349
of this section shall be construed to provide to such an investor	15350
or pass-through entity any additional deduction or credit, other	15351
than the credit provided by division (J) of this section, solely	15352
on account of the entity's filing a return in accordance with this	15353
section. Such a pass-through entity also shall make the filing and	15354
payment of estimated taxes on behalf of the pass-through entity	15355
investors other than an investor that is a person subject to the	15356
tax imposed under section 5733.06 of the Revised Code.	15357

(2) For the purposes of this section, "business credits"	15358
means the credits listed in section 5747.98 of the Revised Code	15359
excluding the following credits:	15360

(a) The retirement credit under division (B) of section	15361
5747.055 of the Revised Code;	15362

(b) The senior citizen credit under division (C) of section	15363
5747.05 of the Revised Code;	15364

(c) The lump sum distribution credit under division (D) of	15365
section 5747.05 of the Revised Code;	15366

(d) The dependent care credit under section 5747.054 of the	15367
Revised Code;	15368

(e) The lump sum retirement income credit under division (C)	15369
of section 5747.055 of the Revised Code;	15370

(f) The lump sum retirement income credit under division (D)	15371
of section 5747.055 of the Revised Code;	15372

(g) The lump sum retirement income credit under division (E)	15373
of section 5747.055 of the Revised Code;	15374

(h) The credit for displaced workers who pay for job training	15375
under section 5747.27 of the Revised Code;	15376

(i) The twenty-dollar personal exemption credit under section	15377
5747.022 of the Revised Code;	15378

(j) The joint filing credit under division (G) of section	15379
5747.05 of the Revised Code;	15380

(k) The nonresident credit under division (A) of section	15381
5747.05 of the Revised Code;	15382

(l) The credit for a resident's out-of-state income under	15383
division (B) of section 5747.05 of the Revised Code;	15384

(m) The low-income credit under section 5747.056 of the	15385
Revised Code;	15386

(n) The credit for turnpike toll increases under section	15387
5747.053 of the Revised Code.	15388

(3) The election provided for under division (D) of this	15389
section applies only to the taxable year for which the election is	15390
made by the pass-through entity. Unless the tax commissioner	15391
provides otherwise, this election, once made, is binding and	15392
irrevocable for the taxable year for which the election is made.	15393
Nothing in this division shall be construed to provide for any	15394
deduction or credit that would not be allowable if a nonresident	15395
pass-through entity investor were to file an annual return.	15396

(4) If a pass-through entity makes the election provided for	15397
under division (D) of this section, the pass-through entity shall	15398
be liable for any additional taxes, interest, interest penalty, or	15399
penalties imposed by this chapter if the tax commissioner finds	15400
that the single return does not reflect the correct tax due by the	15401
pass-through entity investors covered by that return. Nothing in	15402
this division shall be construed to limit or alter the liability,	15403
if any, imposed on pass-through entity investors for unpaid or	15404
underpaid taxes, interest, interest penalty, or penalties as a	15405
result of the pass-through entity's making the election provided	15406
for under division (D) of this section. For the purposes of	15407
division (D) of this section, "correct tax due" means the tax that	15408
would have been paid by the pass-through entity had the single	15409
return been filed in a manner reflecting the commissioner's	15410
findings. Nothing in division (D) of this section shall be	15411
construed to make or hold a pass-through entity liable for tax	15412
attributable to a pass-through entity investor's income from a	15413
source other than the pass-through entity electing to file the	15414
single return.	15415

(E) If a husband and wife file a joint federal income tax	15416
return for a taxable year, they shall file a joint return under	15417
this section for that taxable year, and their liabilities are	15418
joint and several, but, if the federal income tax liability of	15419
either spouse is determined on a separate federal income tax	15420
return, they shall file separate returns under this section.	15421

If either spouse is not required to file a federal income tax	15422
return and either or both are required to file a return pursuant	15423
to this chapter, they may elect to file separate or joint returns,	15424
and, pursuant to that election, their liabilities are separate or	15425
joint and several. If a husband and wife file separate returns	15426
pursuant to this chapter, each must claim the taxpayer's own	15427
exemption, but not both, as authorized under section 5747.02 of	15428
the Revised Code on the taxpayer's own return.	15429

(F) Each return or notice required to be filed under this	15430
section shall contain the signature of the taxpayer or the	15431
taxpayer's duly authorized agent and of the person who prepared	15432
the return for the taxpayer, and shall include the taxpayer's	15433
social security number. Each return shall be verified by a	15434
declaration under the penalties of perjury. The tax commissioner	15435
shall prescribe the form that the signature and declaration shall	15436
take.	15437

(G) Each return or notice required to be filed under this	15438
section shall be made and filed as required by section 5747.04 of	15439
the Revised Code, on or before the fifteenth day of April of each	15440
year, on forms that the tax commissioner shall prescribe, together	15441
with remittance made payable to the treasurer of state in the	15442
combined amount of the state and all school district income taxes	15443
shown to be due on the form, unless the combined amount shown to	15444
be due is one dollar or less, in which case that amount need not	15445
be remitted.	15446

Upon good cause shown, the commissioner may extend the period	15447
for filing any notice or return required to be filed under this	15448
section and may adopt rules relating to extensions. If the	15449
extension results in an extension of time for the payment of any	15450
state or school district income tax liability with respect to	15451
which the return is filed, the taxpayer shall pay at the time the	15452
tax liability is paid an amount of interest computed at the rate	15453
per annum prescribed by section 5703.47 of the Revised Code on	15454
that liability from the time that payment is due without extension	15455
to the time of actual payment. Except as provided in section	15456
5747.132 of the Revised Code, in addition to all other interest	15457
charges and penalties, all taxes imposed under this chapter or	15458
Chapter 5748. of the Revised Code and remaining unpaid after they	15459
become due, except combined amounts due of one dollar or less,	15460
bear interest at the rate per annum prescribed by section 5703.47	15461
of the Revised Code until paid or until the day an assessment is	15462
issued under section 5747.13 of the Revised Code, whichever occurs	15463
first.	15464

If the commissioner considers it necessary in order to ensure	15465
the payment of the tax imposed by section 5747.02 of the Revised	15466
Code or any tax imposed under Chapter 5748. of the Revised Code,	15467
the commissioner may require returns and payments to be made	15468
otherwise than as provided in this section.	15469

To the extent that any provision in this division conflicts	15470
with any provision in section 5747.026 of the Revised Code, the	15471
provision in that section prevails.	15472

(H) If any report, claim, statement, or other document	15473
required to be filed, or any payment required to be made, within a	15474
prescribed period or on or before a prescribed date under this	15475
chapter is delivered after that period or that date by United	15476
States mail to the agency, officer, or office with which the	15477
report, claim, statement, or other document is required to be	15478
filed, or to which the payment is required to be made, the date of	15479
the postmark stamped on the cover in which the report, claim,	15480
statement, or other document, or payment is mailed shall be deemed	15481
to be the date of delivery or the date of payment.	15482

If a payment is required to be made by electronic funds	15483
transfer pursuant to section 5747.072 of the Revised Code, the	15484
payment is considered to be made when the payment is received by	15485
the treasurer of state or credited to an account designated by the	15486
treasurer of state for the receipt of tax payments.	15487

"The date of the postmark" means, in the event there is more	15488
than one date on the cover, the earliest date imprinted on the	15489
cover by the United States postal service.	15490

(I) The amounts withheld by an employer pursuant to section	15491
5747.06 of the Revised Code, a casino operator pursuant to section	15492
5747.063 of the Revised Code, or a lottery sales agent pursuant to	15493
section 5747.064 of the Revised Code shall be allowed to the	15494
recipient of the compensation casino winnings, or lottery prize	15495
award as credits against payment of the appropriate taxes imposed	15496
on the recipient by section 5747.02 and under Chapter 5748. of the	15497
Revised Code.	15498

(J) If, in accordance with division (D) of this section, a	15499
pass-through entity elects to file a single return and if any	15500
investor is required to file the return and make the payment of	15501
taxes required by this chapter on account of the investor's other	15502
income that is not included in a single return filed by a	15503
pass-through entity, the investor is entitled to a refundable	15504
credit equal to the investor's proportionate share of the tax paid	15505
by the pass-through entity on behalf of the investor. The investor	15506
shall claim the credit for the investor's taxable year in which or	15507
with which ends the taxable year of the pass-through entity.	15508
Nothing in this chapter shall be construed to allow any credit	15509
provided in this chapter to be claimed more than once. For the	15510
purposes of computing any interest, penalty, or interest penalty,	15511
the investor shall be deemed to have paid the refundable credit	15512
provided by this division on the day that the pass-through entity	15513
paid the estimated tax or the tax giving rise to the credit.	15514

(K) The tax commissioner shall ensure that each return	15515
required to be filed under this section includes a box that the	15516
taxpayer may check to authorize a paid tax preparer who prepared	15517
the return to communicate with the department of taxation about	15518
matters pertaining to the return. The return or instructions	15519
accompanying the return shall indicate that by checking the box	15520
the taxpayer authorizes the department of taxation to contact the	15521
preparer concerning questions that arise during the processing of	15522
the return and authorizes the preparer only to provide the	15523
department with information that is missing from the return, to	15524
contact the department for information about the processing of the	15525
return or the status of the taxpayer's refund or payments, and to	15526
respond to notices about mathematical errors, offsets, or return	15527
preparation that the taxpayer has received from the department and	15528
has shown to the preparer.	15529

(L) The tax commissioner shall permit individual taxpayers to	15530
instruct the department of taxation to cause any refund of	15531
overpaid taxes to be deposited directly into a checking account,	15532
savings account, or an individual retirement account or individual	15533
retirement annuity, or preexisting college savings plan or program	15534
account offered by the Ohio tuition trust authority under Chapter	15535
3334. of the Revised Code, as designated by the taxpayer, when the	15536
taxpayer files the annual return required by this section	15537
electronically.	15538

(M) The tax commissioner may adopt rules to administer this	15539
section.	15540

Sec. 5747.98. (A) To provide a uniform procedure for	15541
calculating the amount of tax due under section 5747.02 of the	15542
Revised Code, a taxpayer shall claim any credits to which the	15543
taxpayer is entitled in the following order:	15544

(1) The retirement income credit under division (B) of	15545
section 5747.055 of the Revised Code;	15546

(2) The senior citizen credit under division (C) of section	15547
5747.05 of the Revised Code;	15548

(3) The lump sum distribution credit under division (D) of	15549
section 5747.05 of the Revised Code;	15550

(4) The dependent care credit under section 5747.054 of the	15551
Revised Code;	15552

(5) The lump sum retirement income credit under division (C)	15553
of section 5747.055 of the Revised Code;	15554

(6) The lump sum retirement income credit under division (D)	15555
of section 5747.055 of the Revised Code;	15556

(7) The lump sum retirement income credit under division (E)	15557
of section 5747.055 of the Revised Code;	15558

(8) The low-income credit under section 5747.056 of the	15559
Revised Code;	15560

(9) The credit for displaced workers who pay for job training	15561
under section 5747.27 of the Revised Code;	15562

(10) The campaign contribution credit under section 5747.29	15563
of the Revised Code;	15564

(11) The twenty-dollar personal exemption credit under	15565
section 5747.022 of the Revised Code;	15566

(12) The joint filing credit under division (G) of section	15567
5747.05 of the Revised Code;	15568

(13) The nonresident credit under division (A) of section	15569
5747.05 of the Revised Code;	15570

(14) The credit for a resident's out-of-state income under	15571
division (B) of section 5747.05 of the Revised Code;	15572

(15) The credit for employers that enter into agreements with	15573
child day-care centers under section 5747.34 of the Revised Code;	15574

(16) The credit for employers that reimburse employee child	15575
care expenses under section 5747.36 of the Revised Code;	15576

(17) The credit for adoption of a minor child under section	15577
5747.37 of the Revised Code;	15578

(18) The credit for purchases of lights and reflectors under	15579
section 5747.38 of the Revised Code;	15580

(19) The nonrefundable credit for turnpike toll increases	15581
under section 5747.053 of the Revised Code.	15582

(20) The nonrefundable job retention credit under division	15583
(B) of section 5747.058 of the Revised Code;	15584

~~(20)~~(21) The credit for selling alternative fuel under	15585
section 5747.77 of the Revised Code;	15586

~~(21)~~(22) The second credit for purchases of new manufacturing	15587
machinery and equipment and the credit for using Ohio coal under	15588
section 5747.31 of the Revised Code;	15589

~~(22)~~(23) The job training credit under section 5747.39 of the	15590
Revised Code;	15591

~~(23)~~(24) The enterprise zone credit under section 5709.66 of	15592
the Revised Code;	15593

~~(24)~~(25) The credit for the eligible costs associated with a	15594
voluntary action under section 5747.32 of the Revised Code;	15595

~~(25)~~(26) The credit for employers that establish on-site	15596
child day-care centers under section 5747.35 of the Revised Code;	15597

~~(26)~~(27) The ethanol plant investment credit under section	15598
5747.75 of the Revised Code;	15599

~~(27)~~(28) The credit for purchases of qualifying grape	15600
production property under section 5747.28 of the Revised Code;	15601

~~(28)~~(29) The small business investment credit under section	15602
5747.81 of the Revised Code;	15603

~~(29)~~(30) The credit for research and development and	15604
technology transfer investors under section 5747.33 of the Revised	15605
Code;	15606

~~(30)~~(31) The enterprise zone credits under section 5709.65 of	15607
the Revised Code;	15608

~~(31)~~(32) The research and development credit under section	15609
5747.331 of the Revised Code;	15610

~~(32)~~(33) The credit for rehabilitating a historic building	15611
under section 5747.76 of the Revised Code;	15612

~~(33)~~(34) The refundable credit for rehabilitating a historic	15613
building under section 5747.76 of the Revised Code;	15614

~~(34)~~(35) The refundable jobs creation credit or job retention	15615
credit under division (A) of section 5747.058 of the Revised Code;	15616

~~(35)~~(36) The refundable credit for taxes paid by a qualifying	15617
entity granted under section 5747.059 of the Revised Code;	15618

~~(36)~~(37) The refundable credits for taxes paid by a	15619
qualifying pass-through entity granted under division (J) of	15620
section 5747.08 of the Revised Code;	15621

~~(37)~~(38) The refundable credit under section 5747.80 of the	15622
Revised Code for losses on loans made to the Ohio venture capital	15623
program under sections 150.01 to 150.10 of the Revised Code;	15624

~~(38)~~(39) The refundable motion picture production credit	15625
under section 5747.66 of the Revised Code.	15626

~~(39)~~(40) The refundable credit for financial institution	15627
taxes paid by a pass-through entity granted under section 5747.65	15628
of the Revised Code.	15629

(B) For any credit, except the refundable credits enumerated	15630
in this section and the credit granted under division (I) of	15631
section 5747.08 of the Revised Code, the amount of the credit for	15632
a taxable year shall not exceed the tax due after allowing for any	15633
other credit that precedes it in the order required under this	15634
section. Any excess amount of a particular credit may be carried	15635
forward if authorized under the section creating that credit.	15636
Nothing in this chapter shall be construed to allow a taxpayer to	15637
claim, directly or indirectly, a credit more than once for a	15638
taxable year.	15639

Sec. 5751.01. As used in this chapter:

15640

(A) "Person" means, but is not limited to, individuals,	15641
combinations of individuals of any form, receivers, assignees,	15642
trustees in bankruptcy, firms, companies, joint-stock companies,	15643
business trusts, estates, partnerships, limited liability	15644
partnerships, limited liability companies, associations, joint	15645
ventures, clubs, societies, for-profit corporations, S	15646
corporations, qualified subchapter S subsidiaries, qualified	15647
subchapter S trusts, trusts, entities that are disregarded for	15648
federal income tax purposes, and any other entities.	15649

(B) "Consolidated elected taxpayer" means a group of two or	15650
more persons treated as a single taxpayer for purposes of this	15651
chapter as the result of an election made under section 5751.011	15652
of the Revised Code.	15653

(C) "Combined taxpayer" means a group of two or more persons	15654
treated as a single taxpayer for purposes of this chapter under	15655
section 5751.012 of the Revised Code.	15656

(D) "Taxpayer" means any person, or any group of persons in	15657
the case of a consolidated elected taxpayer or combined taxpayer	15658
treated as one taxpayer, required to register or pay tax under	15659
this chapter. "Taxpayer" does not include excluded persons.	15660

(E) "Excluded person" means any of the following:

15661

(1) Any person with not more than one hundred fifty thousand	15662
dollars of taxable gross receipts during the calendar year.	15663
Division (E)(1) of this section does not apply to a person that is	15664
a member of a consolidated elected taxpayer;	15665

(2) A public utility that paid the excise tax imposed by	15666
section 5727.24 or 5727.30 of the Revised Code based on one or	15667
more measurement periods that include the entire tax period under	15668
this chapter, except that a public utility that is a combined	15669
company is a taxpayer with regard to the following gross receipts:	15670

(a) Taxable gross receipts directly attributed to a public	15671
utility activity, but not directly attributed to an activity that	15672
is subject to the excise tax imposed by section 5727.24 or 5727.30	15673
of the Revised Code;	15674

(b) Taxable gross receipts that cannot be directly attributed	15675
to any activity, multiplied by a fraction whose numerator is the	15676
taxable gross receipts described in division (E)(2)(a) of this	15677
section and whose denominator is the total taxable gross receipts	15678
that can be directly attributed to any activity;	15679

(c) Except for any differences resulting from the use of an	15680
accrual basis method of accounting for purposes of determining	15681
gross receipts under this chapter and the use of the cash basis	15682
method of accounting for purposes of determining gross receipts	15683
under section 5727.24 of the Revised Code, the gross receipts	15684
directly attributed to the activity of a natural gas company shall	15685
be determined in a manner consistent with division (D) of section	15686
5727.03 of the Revised Code.	15687

As used in division (E)(2) of this section, "combined	15688
company" and "public utility" have the same meanings as in section	15689
5727.01 of the Revised Code.	15690

(3) A financial institution, as defined in section 5726.01 of	15691
the Revised Code, that paid the tax imposed by section 5726.02 of	15692
the Revised Code based on one or more taxable years that include	15693
the entire tax period under this chapter;	15694

(4) A person directly or indirectly owned by one or more	15695
financial institutions, as defined in section 5726.01 of the	15696
Revised Code, that paid the tax imposed by section 5726.02 of the	15697
Revised Code based on one or more taxable years that include the	15698
entire tax period under this chapter.	15699

For the purposes of division (E)(4) of this section, a person	15700
owns another person under the following circumstances:	15701

(a) In the case of corporations issuing capital stock, one	15702
corporation owns another corporation if it owns fifty per cent or	15703
more of the other corporation's capital stock with current voting	15704
rights;	15705

(b) In the case of a limited liability company, one person	15706
owns the company if that person's membership interest, as defined	15707
in section 1705.01 of the Revised Code, is fifty per cent or more	15708
of the combined membership interests of all persons owning such	15709
interests in the company;	15710

(c) In the case of a partnership, trust, or other	15711
unincorporated business organization other than a limited	15712
liability company, one person owns the organization if, under the	15713
articles of organization or other instrument governing the affairs	15714
of the organization, that person has a beneficial interest in the	15715
organization's profits, surpluses, losses, or distributions of	15716
fifty per cent or more of the combined beneficial interests of all	15717
persons having such an interest in the organization.	15718

(5) A domestic insurance company or foreign insurance	15719
company, as defined in section 5725.01 of the Revised Code, that	15720
paid the insurance company premiums tax imposed by section 5725.18	15721
or Chapter 5729. of the Revised Code, or an unauthorized insurance	15722
company whose gross premiums are subject to tax under section	15723
3905.36 of the Revised Code based on one or more measurement	15724
periods that include the entire tax period under this chapter;	15725

(6) A person that solely facilitates or services one or more	15726
securitizations of phase-in-recovery property pursuant to a final	15727
financing order as those terms are defined in section 4928.23 of	15728
the Revised Code. For purposes of this division, "securitization"	15729
means transferring one or more assets to one or more persons and	15730
then issuing securities backed by the right to receive payment	15731
from the asset or assets so transferred.	15732

(7) Except as otherwise provided in this division, a	15733
pre-income tax trust as defined in division (FF)(4) of section	15734
5747.01 of the Revised Code and any pass-through entity of which	15735
such pre-income tax trust owns or controls, directly, indirectly,	15736
or constructively through related interests, more than five per	15737
cent of the ownership or equity interests. If the pre-income tax	15738
trust has made a qualifying pre-income tax trust election under	15739
division (FF)(3) of section 5747.01 of the Revised Code, then the	15740
trust and the pass-through entities of which it owns or controls,	15741
directly, indirectly, or constructively through related interests,	15742
more than five per cent of the ownership or equity interests,	15743
shall not be excluded persons for purposes of the tax imposed	15744
under section 5751.02 of the Revised Code.	15745

(8) Nonprofit organizations or the state and its agencies,	15746
instrumentalities, or political subdivisions.	15747

(F) Except as otherwise provided in divisions (F)(2), (3),	15748
and (4) of this section, "gross receipts" means the total amount	15749
realized by a person, without deduction for the cost of goods sold	15750
or other expenses incurred, that contributes to the production of	15751
gross income of the person, including the fair market value of any	15752
property and any services received, and any debt transferred or	15753
forgiven as consideration.	15754

(1) The following are examples of gross receipts:

15755

(a) Amounts realized from the sale, exchange, or other	15756
disposition of the taxpayer's property to or with another;	15757

(b) Amounts realized from the taxpayer's performance of	15758
services for another;	15759

(c) Amounts realized from another's use or possession of the	15760
taxpayer's property or capital;	15761

(d) Any combination of the foregoing amounts.

15762

(2) "Gross receipts" excludes the following amounts:

15763

(a) Interest income except interest on credit sales;

15764

(b) Dividends and distributions from corporations, and	15765
distributive or proportionate shares of receipts and income from a	15766
pass-through entity as defined under section 5733.04 of the	15767
Revised Code;	15768

(c) Receipts from the sale, exchange, or other disposition of	15769
an asset described in section 1221 or 1231 of the Internal Revenue	15770
Code, without regard to the length of time the person held the	15771
asset. Notwithstanding section 1221 of the Internal Revenue Code,	15772
receipts from hedging transactions also are excluded to the extent	15773
the transactions are entered into primarily to protect a financial	15774
position, such as managing the risk of exposure to (i) foreign	15775
currency fluctuations that affect assets, liabilities, profits,	15776
losses, equity, or investments in foreign operations; (ii)	15777
interest rate fluctuations; or (iii) commodity price fluctuations.	15778
As used in division (F)(2)(c) of this section, "hedging	15779
transaction" has the same meaning as used in section 1221 of the	15780
Internal Revenue Code and also includes transactions accorded	15781
hedge accounting treatment under statement of financial accounting	15782
standards number 133 of the financial accounting standards board.	15783
For the purposes of division (F)(2)(c) of this section, the actual	15784
transfer of title of real or tangible personal property to another	15785
entity is not a hedging transaction.	15786

(d) Proceeds received attributable to the repayment,	15787
maturity, or redemption of the principal of a loan, bond, mutual	15788
fund, certificate of deposit, or marketable instrument;	15789

(e) The principal amount received under a repurchase	15790
agreement or on account of any transaction properly characterized	15791
as a loan to the person;	15792

(f) Contributions received by a trust, plan, or other	15793
arrangement, any of which is described in section 501(a) of the	15794
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	15795
1, Subchapter (D) of the Internal Revenue Code applies;	15796

(g) Compensation, whether current or deferred, and whether in	15797
cash or in kind, received or to be received by an employee, former	15798
employee, or the employee's legal successor for services rendered	15799
to or for an employer, including reimbursements received by or for	15800
an individual for medical or education expenses, health insurance	15801
premiums, or employee expenses, or on account of a dependent care	15802
spending account, legal services plan, any cafeteria plan	15803
described in section 125 of the Internal Revenue Code, or any	15804
similar employee reimbursement;	15805

(h) Proceeds received from the issuance of the taxpayer's own	15806
stock, options, warrants, puts, or calls, or from the sale of the	15807
taxpayer's treasury stock;	15808

(i) Proceeds received on the account of payments from	15809
insurance policies, except those proceeds received for the loss of	15810
business revenue;	15811

(j) Gifts or charitable contributions received; membership	15812
dues received by trade, professional, homeowners', or condominium	15813
associations; and payments received for educational courses,	15814
meetings, meals, or similar payments to a trade, professional, or	15815
other similar association; and fundraising receipts received by	15816
any person when any excess receipts are donated or used	15817
exclusively for charitable purposes;	15818

(k) Damages received as the result of litigation in excess of	15819
amounts that, if received without litigation, would be gross	15820
receipts;	15821

(l) Property, money, and other amounts received or acquired	15822
by an agent on behalf of another in excess of the agent's	15823
commission, fee, or other remuneration;	15824

(m) Tax refunds, other tax benefit recoveries, and	15825
reimbursements for the tax imposed under this chapter made by	15826
entities that are part of the same combined taxpayer or	15827
consolidated elected taxpayer group, and reimbursements made by	15828
entities that are not members of a combined taxpayer or	15829
consolidated elected taxpayer group that are required to be made	15830
for economic parity among multiple owners of an entity whose tax	15831
obligation under this chapter is required to be reported and paid	15832
entirely by one owner, pursuant to the requirements of sections	15833
5751.011 and 5751.012 of the Revised Code;	15834

(n) Pension reversions;

15835

(o) Contributions to capital;

15836

(p) Sales or use taxes collected as a vendor or an	15837
out-of-state seller on behalf of the taxing jurisdiction from a	15838
consumer or other taxes the taxpayer is required by law to collect	15839
directly from a purchaser and remit to a local, state, or federal	15840
tax authority;	15841

(q) In the case of receipts from the sale of cigarettes or	15842
tobacco products by a wholesale dealer, retail dealer,	15843
distributor, manufacturer, or seller, all as defined in section	15844
5743.01 of the Revised Code, an amount equal to the federal and	15845
state excise taxes paid by any person on or for such cigarettes or	15846
tobacco products under subtitle E of the Internal Revenue Code or	15847
Chapter 5743. of the Revised Code;	15848

(r) In the case of receipts from the sale of motor fuel by a	15849
licensed motor fuel dealer, licensed retail dealer, or licensed	15850
permissive motor fuel dealer, all as defined in section 5735.01 of	15851
the Revised Code, an amount equal to federal and state excise	15852
taxes paid by any person on such motor fuel under section 4081 of	15853
the Internal Revenue Code or Chapter 5735. of the Revised Code;	15854

(s) In the case of receipts from the sale of beer or	15855
intoxicating liquor, as defined in section 4301.01 of the Revised	15856
Code, by a person holding a permit issued under Chapter 4301. or	15857
4303. of the Revised Code, an amount equal to federal and state	15858
excise taxes paid by any person on or for such beer or	15859
intoxicating liquor under subtitle E of the Internal Revenue Code	15860
or Chapter 4301. or 4305. of the Revised Code;	15861

(t) Receipts realized by a new motor vehicle dealer or used	15862
motor vehicle dealer, as defined in section 4517.01 of the Revised	15863
Code, from the sale or other transfer of a motor vehicle, as	15864
defined in that section, to another motor vehicle dealer for the	15865
purpose of resale by the transferee motor vehicle dealer, but only	15866
if the sale or other transfer was based upon the transferee's need	15867
to meet a specific customer's preference for a motor vehicle;	15868

(u) Receipts from a financial institution described in	15869
division (E)(3) of this section for services provided to the	15870
financial institution in connection with the issuance, processing,	15871
servicing, and management of loans or credit accounts, if such	15872
financial institution and the recipient of such receipts have at	15873
least fifty per cent of their ownership interests owned or	15874
controlled, directly or constructively through related interests,	15875
by common owners;	15876

(v) Receipts realized from administering anti-neoplastic	15877
drugs and other cancer chemotherapy, biologicals, therapeutic	15878
agents, and supportive drugs in a physician's office to patients	15879
with cancer;	15880

(w) Funds received or used by a mortgage broker that is not a	15881
dealer in intangibles, other than fees or other consideration,	15882
pursuant to a table-funding mortgage loan or warehouse-lending	15883
mortgage loan. Terms used in division (F)(2)(w) of this section	15884
have the same meanings as in section 1322.01 of the Revised Code,	15885
except "mortgage broker" means a person assisting a buyer in	15886
obtaining a mortgage loan for a fee or other consideration paid by	15887
the buyer or a lender, or a person engaged in table-funding or	15888
warehouse-lending mortgage loans that are first lien mortgage	15889
loans.	15890

(x) Property, money, and other amounts received by a	15891
professional employer organization, as defined in section 4125.01	15892
of the Revised Code, from a client employer, as defined in that	15893
section, in excess of the administrative fee charged by the	15894
professional employer organization to the client employer;	15895

(y) In the case of amounts retained as commissions by a	15896
permit holder under Chapter 3769. of the Revised Code, an amount	15897
equal to the amounts specified under that chapter that must be	15898
paid to or collected by the tax commissioner as a tax and the	15899
amounts specified under that chapter to be used as purse money;	15900

(z) Qualifying distribution center receipts.

15901

(i) For purposes of division (F)(2)(z) of this section:

15902

(I) "Qualifying distribution center receipts" means receipts	15903
of a supplier from qualified property that is delivered to a	15904
qualified distribution center, multiplied by a quantity that	15905
equals one minus the Ohio delivery percentage. If the qualified	15906
distribution center is a refining facility, "supplier" includes	15907
all dealers, brokers, processors, sellers, vendors, cosigners, and	15908
distributors of qualified property.	15909

(II) "Qualified property" means tangible personal property	15910
delivered to a qualified distribution center that is shipped to	15911
that qualified distribution center solely for further shipping by	15912
the qualified distribution center to another location in this	15913
state or elsewhere or, in the case of gold, silver, platinum, or	15914
palladium delivered to a refining facility solely for refining to	15915
a grade and fineness acceptable for delivery to a registered	15916
commodities exchange. "Further shipping" includes storing and	15917
repackaging property into smaller or larger bundles, so long as	15918
the property is not subject to further manufacturing or	15919
processing. "Refining" is limited to extracting impurities from	15920
gold, silver, platinum, or palladium through smelting or some	15921
other process at a refining facility.	15922

(III) "Qualified distribution center" means a warehouse, a	15923
facility similar to a warehouse, or a refining facility in this	15924
state that, for the qualifying year, is operated by a person that	15925
is not part of a combined taxpayer group and that has a qualifying	15926
certificate. All warehouses or facilities similar to warehouses	15927
that are operated by persons in the same taxpayer group and that	15928
are located within one mile of each other shall be treated as one	15929
qualified distribution center. All refining facilities that are	15930
operated by persons in the same taxpayer group and that are	15931
located in the same or adjacent counties may be treated as one	15932
qualified distribution center.	15933

(IV) "Qualifying year" means the calendar year to which the	15934
qualifying certificate applies.	15935

(V) "Qualifying period" means the period of the first day of	15936
July of the second year preceding the qualifying year through the	15937
thirtieth day of June of the year preceding the qualifying year.	15938

(VI) "Qualifying certificate" means the certificate issued by	15939
the tax commissioner after the operator of a distribution center	15940
files an annual application with the commissioner. The application	15941
and annual fee shall be filed and paid for each qualified	15942
distribution center on or before the first day of September before	15943
the qualifying year or within forty-five days after the	15944
distribution center opens, whichever is later.	15945

The applicant must substantiate to the commissioner's	15946
satisfaction that, for the qualifying period, all persons	15947
operating the distribution center have more than fifty per cent of	15948
the cost of the qualified property shipped to a location such that	15949
it would be sitused outside this state under the provisions of	15950
division (E) of section 5751.033 of the Revised Code. The	15951
applicant must also substantiate that the distribution center	15952
cumulatively had costs from its suppliers equal to or exceeding	15953
five hundred million dollars during the qualifying period. (For	15954
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	15955
excludes any person that is part of the consolidated elected	15956
taxpayer group, if applicable, of the operator of the qualified	15957
distribution center.) The commissioner may require the applicant	15958
to have an independent certified public accountant certify that	15959
the calculation of the minimum thresholds required for a qualified	15960
distribution center by the operator of a distribution center has	15961
been made in accordance with generally accepted accounting	15962
principles. The commissioner shall issue or deny the issuance of a	15963
certificate within sixty days after the receipt of the	15964
application. A denial is subject to appeal under section 5717.02	15965
of the Revised Code. If the operator files a timely appeal under	15966
section 5717.02 of the Revised Code, the operator shall be granted	15967
a qualifying certificate, provided that the operator is liable for	15968
any tax, interest, or penalty upon amounts claimed as qualifying	15969
distribution center receipts, other than those receipts exempt	15970
under division (C)(1) of section 5751.011 of the Revised Code,	15971
that would have otherwise not been owed by its suppliers if the	15972
qualifying certificate was valid.	15973

(VII) "Ohio delivery percentage" means the proportion of the	15974
total property delivered to a destination inside Ohio from the	15975
qualified distribution center during the qualifying period	15976
compared with total deliveries from such distribution center	15977
everywhere during the qualifying period.	15978

(VIII) "Refining facility" means one or more buildings	15979
located in a county in the Appalachian region of this state as	15980
defined by section 107.21 of the Revised Code and utilized for	15981
refining or smelting gold, silver, platinum, or palladium to a	15982
grade and fineness acceptable for delivery to a registered	15983
commodities exchange.	15984

(IX) "Registered commodities exchange" means a board of	15985
trade, such as New York mercantile exchange, inc. or commodity	15986
exchange, inc., designated as a contract market by the commodity	15987
futures trading commission under the "Commodity Exchange Act," 7	15988
U.S.C. 1 et seq., as amended.	15989

(ii) If the distribution center is new and was not open for	15990
the entire qualifying period, the operator of the distribution	15991
center may request that the commissioner grant a qualifying	15992
certificate. If the certificate is granted and it is later	15993
determined that more than fifty per cent of the qualified property	15994
during that year was not shipped to a location such that it would	15995
be sitused outside of this state under the provisions of division	15996
(E) of section 5751.033 of the Revised Code or if it is later	15997
determined that the person that operates the distribution center	15998
had average monthly costs from its suppliers of less than forty	15999
million dollars during that year, then the operator of the	16000
distribution center shall be liable for any tax, interest, or	16001
penalty upon amounts claimed as qualifying distribution center	16002
receipts, other than those receipts exempt under division (C)(1)	16003
of section 5751.011 of the Revised Code, that would have not	16004
otherwise been owed by its suppliers during the qualifying year if	16005
the qualifying certificate was valid. (For purposes of division	16006
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	16007
is part of the consolidated elected taxpayer group, if applicable,	16008
of the operator of the qualified distribution center.)	16009

(iii) When filing an application for a qualifying certificate	16010
under division (F)(2)(z)(i)(VI) of this section, the operator of a	16011
qualified distribution center also shall provide documentation, as	16012
the commissioner requires, for the commissioner to ascertain the	16013
Ohio delivery percentage. The commissioner, upon issuing the	16014
qualifying certificate, also shall certify the Ohio delivery	16015
percentage. The operator of the qualified distribution center may	16016
appeal the commissioner's certification of the Ohio delivery	16017
percentage in the same manner as an appeal is taken from the	16018
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	16019
of this section.	16020

Within thirty days after all appeals have been exhausted, the	16021
operator of the qualified distribution center shall notify the	16022
affected suppliers of qualified property that such suppliers are	16023
required to file, within sixty days after receiving notice from	16024
the operator of the qualified distribution center, amended reports	16025
for the impacted calendar quarter or quarters or calendar year,	16026
whichever the case may be. Any additional tax liability or tax	16027
overpayment shall be subject to interest but shall not be subject	16028
to the imposition of any penalty so long as the amended returns	16029
are timely filed. The supplier of tangible personal property	16030
delivered to the qualified distribution center shall include in	16031
its report of taxable gross receipts the receipts from the total	16032
sales of property delivered to the qualified distribution center	16033
for the calendar quarter or calendar year, whichever the case may	16034
be, multiplied by the Ohio delivery percentage for the qualifying	16035
year. Nothing in division (F)(2)(z)(iii) of this section shall be	16036
construed as imposing liability on the operator of a qualified	16037
distribution center for the tax imposed by this chapter arising	16038
from any change to the Ohio delivery percentage.	16039

(iv) In the case where the distribution center is new and not	16040
open for the entire qualifying period, the operator shall make a	16041
good faith estimate of an Ohio delivery percentage for use by	16042
suppliers in their reports of taxable gross receipts for the	16043
remainder of the qualifying period. The operator of the facility	16044
shall disclose to the suppliers that such Ohio delivery percentage	16045
is an estimate and is subject to recalculation. By the due date of	16046
the next application for a qualifying certificate, the operator	16047
shall determine the actual Ohio delivery percentage for the	16048
estimated qualifying period and proceed as provided in division	16049
(F)(2)(z)(iii) of this section with respect to the calculation and	16050
recalculation of the Ohio delivery percentage. The supplier is	16051
required to file, within sixty days after receiving notice from	16052
the operator of the qualified distribution center, amended reports	16053
for the impacted calendar quarter or quarters or calendar year,	16054
whichever the case may be. Any additional tax liability or tax	16055
overpayment shall be subject to interest but shall not be subject	16056
to the imposition of any penalty so long as the amended returns	16057
are timely filed.	16058

(v) Qualifying certificates and Ohio delivery percentages	16059
issued by the commissioner shall be open to public inspection and	16060
shall be timely published by the commissioner. A supplier relying	16061
in good faith on a certificate issued under this division shall	16062
not be subject to tax on the qualifying distribution center	16063
receipts under division (F)(2)(z) of this section. A person	16064
receiving a qualifying certificate is responsible for paying the	16065
tax, interest, and penalty upon amounts claimed as qualifying	16066
distribution center receipts that would not otherwise have been	16067
owed by the supplier if the qualifying certificate were available	16068
when it is later determined that the qualifying certificate should	16069
not have been issued because the statutory requirements were in	16070
fact not met.	16071

(vi) The annual fee for a qualifying certificate shall be one	16072
hundred thousand dollars for each qualified distribution center.	16073
If a qualifying certificate is not issued, the annual fee is	16074
subject to refund after the exhaustion of all appeals provided for	16075
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	16076
under this division may be assessed in the same manner as the tax	16077
imposed under this chapter. The first one hundred thousand dollars	16078
of the annual application fees collected each calendar year shall	16079
be credited to the revenue enhancement fund. The remainder of the	16080
annual application fees collected shall be distributed in the same	16081
manner required under section 5751.20 of the Revised Code.	16082

(vii) The tax commissioner may require that adequate security	16083
be posted by the operator of the distribution center on appeal	16084
when the commissioner disagrees that the applicant has met the	16085
minimum thresholds for a qualified distribution center as set	16086
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	16087
section.	16088

(aa) Receipts of an employer from payroll deductions relating	16089
to the reimbursement of the employer for advancing moneys to an	16090
unrelated third party on an employee's behalf;	16091

(bb) Cash discounts allowed and taken;

16092

(cc) Returns and allowances;

16093

(dd) Bad debts from receipts on the basis of which the tax	16094
imposed by this chapter was paid in a prior quarterly tax payment	16095
period. For the purpose of this division, "bad debts" means any	16096
debts that have become worthless or uncollectible between the	16097
preceding and current quarterly tax payment periods, have been	16098
uncollected for at least six months, and that may be claimed as a	16099
deduction under section 166 of the Internal Revenue Code and the	16100
regulations adopted under that section, or that could be claimed	16101
as such if the taxpayer kept its accounts on the accrual basis.	16102
"Bad debts" does not include repossessed property, uncollectible	16103
amounts on property that remains in the possession of the taxpayer	16104
until the full purchase price is paid, or expenses in attempting	16105
to collect any account receivable or for any portion of the debt	16106
recovered;	16107

(ee) Any amount realized from the sale of an account	16108
receivable to the extent the receipts from the underlying	16109
transaction giving rise to the account receivable were included in	16110
the gross receipts of the taxpayer;	16111

(ff) Any receipts directly attributed ~~to providing public~~	16112
~~services pursuant to sections 126.60 to 126.605 of the Revised~~	16113
~~Code, or any receipts directly attributed~~ to a transfer agreement	16114
or to the enterprise transferred under that agreement under	16115
section 4313.02 of the Revised Code.	16116

(gg)(i) As used in this division:

16117

(I) "Qualified uranium receipts" means receipts from the	16118
sale, exchange, lease, loan, production, processing, or other	16119
disposition of uranium within a uranium enrichment zone certified	16120
by the tax commissioner under division (F)(2)(gg)(ii) of this	16121
section. "Qualified uranium receipts" does not include any	16122
receipts with a situs in this state outside a uranium enrichment	16123
zone certified by the tax commissioner under division	16124
(F)(2)(gg)(ii) of this section.	16125

(II) "Uranium enrichment zone" means all real property that	16126
is part of a uranium enrichment facility licensed by the United	16127
States nuclear regulatory commission and that was or is owned or	16128
controlled by the United States department of energy or its	16129
successor.	16130

(ii) Any person that owns, leases, or operates real or	16131
tangible personal property constituting or located within a	16132
uranium enrichment zone may apply to the tax commissioner to have	16133
the uranium enrichment zone certified for the purpose of excluding	16134
qualified uranium receipts under division (F)(2)(gg) of this	16135
section. The application shall include such information that the	16136
tax commissioner prescribes. Within sixty days after receiving the	16137
application, the tax commissioner shall certify the zone for that	16138
purpose if the commissioner determines that the property qualifies	16139
as a uranium enrichment zone as defined in division (F)(2)(gg) of	16140
this section, or, if the tax commissioner determines that the	16141
property does not qualify, the commissioner shall deny the	16142
application or request additional information from the applicant.	16143
If the tax commissioner denies an application, the commissioner	16144
shall state the reasons for the denial. The applicant may appeal	16145
the denial of an application to the board of tax appeals pursuant	16146
to section 5717.02 of the Revised Code. If the applicant files a	16147
timely appeal, the tax commissioner shall conditionally certify	16148
the applicant's property. The conditional certification shall	16149
expire when all of the applicant's appeals are exhausted. Until	16150
final resolution of the appeal, the applicant shall retain the	16151
applicant's records in accordance with section 5751.12 of the	16152
Revised Code, notwithstanding any time limit on the preservation	16153
of records under that section.	16154

(hh) Amounts realized by licensed motor fuel dealers or	16155
licensed permissive motor fuel dealers from the exchange of	16156
petroleum products, including motor fuel, between such dealers,	16157
provided that delivery of the petroleum products occurs at a	16158
refinery, terminal, pipeline, or marine vessel and that the	16159
exchanging dealers agree neither dealer shall require monetary	16160
compensation from the other for the value of the exchanged	16161
petroleum products other than such compensation for differences in	16162
product location or grade. Division (F)(2)(hh) of this section	16163
does not apply to amounts realized as a result of differences in	16164
location or grade of exchanged petroleum products or from	16165
handling, lubricity, dye, or other additive injections fees,	16166
pipeline security fees, or similar fees. As used in this division,	16167
"motor fuel," "licensed motor fuel dealer," "licensed permissive	16168
motor fuel dealer," and "terminal" have the same meanings as in	16169
section 5735.01 of the Revised Code.	16170

(ii) In the case of amounts collected by a licensed casino	16171
operator from casino gaming, amounts in excess of the casino	16172
operator's gross casino revenue. In this division, "casino	16173
operator" and "casino gaming" have the meanings defined in section	16174
3772.01 of the Revised Code, and "gross casino revenue" has the	16175
meaning defined in section 5753.01 of the Revised Code.	16176

(jj) Any receipts for which the tax imposed by this chapter	16177
is prohibited by the constitution or laws of the United States or	16178
the constitution of this state.	16179

(3) In the case of a taxpayer when acting as a real estate	16180
broker, "gross receipts" includes only the portion of any fee for	16181
the service of a real estate broker, or service of a real estate	16182
salesperson associated with that broker, that is retained by the	16183
broker and not paid to an associated real estate salesperson or	16184
another real estate broker. For the purposes of this division,	16185
"real estate broker" and "real estate salesperson" have the same	16186
meanings as in section 4735.01 of the Revised Code.	16187

(4) A taxpayer's method of accounting for gross receipts for	16188
a tax period shall be the same as the taxpayer's method of	16189
accounting for federal income tax purposes for the taxpayer's	16190
federal taxable year that includes the tax period. If a taxpayer's	16191
method of accounting for federal income tax purposes changes, its	16192
method of accounting for gross receipts under this chapter shall	16193
be changed accordingly.	16194

(G) "Taxable gross receipts" means gross receipts sitused to	16195
this state under section 5751.033 of the Revised Code.	16196

(H) A person has "substantial nexus with this state" if any	16197
of the following applies. The person:	16198

(1) Owns or uses a part or all of its capital in this state;

16199

(2) Holds a certificate of compliance with the laws of this	16200
state authorizing the person to do business in this state;	16201

(3) Has bright-line presence in this state;

16202

(4) Otherwise has nexus with this state to an extent that the	16203
person can be required to remit the tax imposed under this chapter	16204
under the Constitution of the United States.	16205

(I) A person has "bright-line presence" in this state for a	16206
reporting period and for the remaining portion of the calendar	16207
year if any of the following applies. The person:	16208

(1) Has at any time during the calendar year property in this	16209
state with an aggregate value of at least fifty thousand dollars.	16210
For the purpose of division (I)(1) of this section, owned property	16211
is valued at original cost and rented property is valued at eight	16212
times the net annual rental charge.	16213

(2) Has during the calendar year payroll in this state of at	16214
least fifty thousand dollars. Payroll in this state includes all	16215
of the following:	16216

(a) Any amount subject to withholding by the person under	16217
section 5747.06 of the Revised Code;	16218

(b) Any other amount the person pays as compensation to an	16219
individual under the supervision or control of the person for work	16220
done in this state; and	16221

(c) Any amount the person pays for services performed in this	16222
state on its behalf by another.	16223

(3) Has during the calendar year taxable gross receipts of at	16224
least five hundred thousand dollars.	16225

(4) Has at any time during the calendar year within this	16226
state at least twenty-five per cent of the person's total	16227
property, total payroll, or total gross receipts.	16228

(5) Is domiciled in this state as an individual or for	16229
corporate, commercial, or other business purposes.	16230

(J) "Tangible personal property" has the same meaning as in	16231
section 5739.01 of the Revised Code.	16232

(K) "Internal Revenue Code" means the Internal Revenue Code	16233
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	16234
this chapter that is not otherwise defined has the same meaning as	16235
when used in a comparable context in the laws of the United States	16236
relating to federal income taxes unless a different meaning is	16237
clearly required. Any reference in this chapter to the Internal	16238
Revenue Code includes other laws of the United States relating to	16239
federal income taxes.	16240

(L) "Calendar quarter" means a three-month period ending on	16241
the thirty-first day of March, the thirtieth day of June, the	16242
thirtieth day of September, or the thirty-first day of December.	16243

(M) "Tax period" means the calendar quarter or calendar year	16244
on the basis of which a taxpayer is required to pay the tax	16245
imposed under this chapter.	16246

(N) "Calendar year taxpayer" means a taxpayer for which the	16247
tax period is a calendar year.	16248

(O) "Calendar quarter taxpayer" means a taxpayer for which	16249
the tax period is a calendar quarter.	16250

(P) "Agent" means a person authorized by another person to	16251
act on its behalf to undertake a transaction for the other,	16252
including any of the following:	16253

(1) A person receiving a fee to sell financial instruments;

16254

(2) A person retaining only a commission from a transaction	16255
with the other proceeds from the transaction being remitted to	16256
another person;	16257

(3) A person issuing licenses and permits under section	16258
1533.13 of the Revised Code;	16259

(4) A lottery sales agent holding a valid license issued	16260
under section 3770.05 of the Revised Code;	16261

(5) A person acting as an agent of the division of liquor	16262
control under section 4301.17 of the Revised Code.	16263

(Q) "Received" includes amounts accrued under the accrual	16264
method of accounting.	16265

(R) "Reporting person" means a person in a consolidated	16266
elected taxpayer or combined taxpayer group that is designated by	16267
that group to legally bind the group for all filings and tax	16268
liabilities and to receive all legal notices with respect to	16269
matters under this chapter, or, for the purposes of section	16270
5751.04 of the Revised Code, a separate taxpayer that is not a	16271
member of such a group.	16272

Sec. 5751.02. (A) For the purpose of funding the needs of	16273
this state and its local governments ~~beginning with the tax period~~	16274
~~that commences July 1, 2005, and continuing for every tax period~~	16275
~~thereafter~~and providing revenue to the commercial activity tax	16276
motor fuel receipts fund, there is hereby levied a commercial	16277
activity tax on each person with taxable gross receipts for the	16278
privilege of doing business in this state. For the purposes of	16279
this chapter, "doing business" means engaging in any activity,	16280
whether legal or illegal, that is conducted for, or results in,	16281
gain, profit, or income, at any time during ~~the~~a calendar year.	16282
Persons on which the commercial activity tax is levied include,	16283
but are not limited to, persons with substantial nexus with this	16284
state. The tax imposed under this section is not a transactional	16285
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	16286
tax imposed under this section is in addition to any other taxes	16287
or fees imposed under the Revised Code. The tax levied under this	16288
section is imposed on the person receiving the gross receipts and	16289
is not a tax imposed directly on a purchaser. The tax imposed by	16290
this section is an annual privilege tax for the calendar year	16291
that, in the case of calendar year taxpayers, is the annual tax	16292
period and, in the case of calendar quarter taxpayers, contains	16293
all quarterly tax periods in the calendar year. A taxpayer is	16294
subject to the annual privilege tax for doing business during any	16295
portion of such calendar year.	16296

(B) The tax imposed by this section is a tax on the taxpayer	16297
and shall not be billed or invoiced to another person. Even if the	16298
tax or any portion thereof is billed or invoiced and separately	16299
stated, such amounts remain part of the price for purposes of the	16300
sales and use taxes levied under Chapters 5739. and 5741. of the	16301
Revised Code. Nothing in division (B) of this section prohibits:	16302

(1) A person from including in the price charged for a good	16303
or service an amount sufficient to recover the tax imposed by this	16304
section; or	16305

(2) A lessor from including an amount sufficient to recover	16306
the tax imposed by this section in a lease payment charged, or	16307
from including such an amount on a billing or invoice pursuant to	16308
the terms of a written lease agreement providing for the recovery	16309
of the lessor's tax costs. The recovery of such costs shall be	16310
based on an estimate of the total tax cost of the lessor during	16311
the tax period, as the tax liability of the lessor cannot be	16312
calculated until the end of that period.	16313

Sec. 5751.051. (A)(1) Not later than the tenth day of the	16314
second month after the end of each calendar quarter, every	16315
taxpayer other than a calendar year taxpayer shall file with the	16316
tax commissioner a tax return in such form as the commissioner	16317
prescribes. The return shall include, but is not limited to, the	16318
amount of the taxpayer's taxable gross receipts for the calendar	16319
quarter and shall indicate the amount of tax due under section	16320
5751.03 of the Revised Code for the calendar quarter. The taxpayer	16321
shall indicate on the return the portion of the taxpayer's	16322
receipts attributable to motor fuel used for propelling vehicles	16323
on public highways.	16324

(2)(a) Subject to division (C) of section 5751.05 of the	16325
Revised Code, a calendar quarter taxpayer shall report the taxable	16326
gross receipts for that calendar quarter.	16327

(b) With respect to taxable gross receipts incorrectly	16328
reported in a calendar quarter that has a lower tax rate, the tax	16329
shall be computed at the tax rate in effect for the quarterly	16330
return in which such receipts should have been reported. Nothing	16331
in division (A)(2)(b) of this section prohibits a taxpayer from	16332
filing an application for refund under section 5751.08 of the	16333
Revised Code with regard to the incorrect reporting of taxable	16334
gross receipts discovered after filing the annual return described	16335
in division (A)(3) of this section.	16336

A tax return shall not be deemed to be an incorrect reporting	16337
of taxable gross receipts for the purposes of division (A)(2)(b)	16338
of this section if the return reflects between ninety-five and one	16339
hundred five per cent of the actual taxable gross receipts for the	16340
calendar quarter.	16341

(3) For the purposes of division (A)(2)(b) of this section,	16342
the tax return filed for the fourth calendar quarter of a calendar	16343
year is the annual return for the privilege tax imposed by this	16344
chapter. Such return shall report any additional taxable gross	16345
receipts not previously reported in the calendar year and shall	16346
adjust for any over-reported taxable gross receipts in the	16347
calendar year. If the taxpayer ceases to be a taxpayer before the	16348
end of the calendar year, the last return the taxpayer is required	16349
to file shall be the annual return for the taxpayer and the	16350
taxpayer shall report any additional taxable gross receipts not	16351
previously reported in the calendar year and shall adjust for any	16352
over-reported taxable gross receipts in the calendar year.	16353
Taxpayers reporting taxable gross receipts attributable to motor	16354
fuel used for propelling vehicles on public highways may not	16355
utilize the statutory estimation procedure provided in divisions	16356
(A)(2) and (3) of this section.	16357

(4) Because the tax imposed by this chapter is a privilege	16358
tax, the tax rate with respect to taxable gross receipts for a	16359
calendar quarter is not fixed until the end of the measurement	16360
period for each calendar quarter. Subject to division (A)(2)(b) of	16361
this section, the total amount of taxable gross receipts reported	16362
for a given calendar quarter shall be subject to the tax rate in	16363
effect in that quarter.	16364

(5) Not later than the tenth day of May following the end of	16365
each calendar year, every calendar year taxpayer shall file with	16366
the tax commissioner a tax return in such form as the commissioner	16367
prescribes. The return shall include, but is not limited to, the	16368
amount of the taxpayer's taxable gross receipts for the calendar	16369
year and shall indicate the amount of tax due under section	16370
5751.03 of the Revised Code for the calendar year. The taxpayer	16371
shall indicate on the return the portion of the taxpayer's	16372
receipts attributable to motor fuel used for propelling vehicles	16373
on public highways.	16374

(B)(1) A person that first becomes subject to the tax imposed	16375
under this chapter shall pay the minimum tax imposed under	16376
division (B) of section 5751.03 of the Revised Code on or before	16377
the day the return is required to be filed for that quarter under	16378
division (A)(1) of this section, regardless of whether the person	16379
registers as a calendar year taxpayer under section 5751.05 of the	16380
Revised Code.	16381

(2) The amount of the minimum tax for a person subject to	16382
division (B)(1) of this section shall be reduced to seventy-five	16383
dollars if the registration is timely filed after the first day of	16384
May and before the first day of January of the following calendar	16385
year.	16386

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	16387
the Revised Code:	16388

(1) "School district," "joint vocational school district,"	16389
"local taxing unit," "recognized valuation," "fixed-rate levy,"	16390
and "fixed-sum levy" have the same meanings as used in section	16391
5727.84 of the Revised Code.	16392

(2) "State education aid" for a school district means the	16393
following:	16394

(a) For fiscal years prior to fiscal year 2010, the sum of	16395
state aid amounts computed for the district under the following	16396
provisions, as they existed for the applicable fiscal year:	16397
division (A) of section 3317.022 of the Revised Code, including	16398
the amounts calculated under sections 3317.029 and 3317.0217 of	16399
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	16400
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	16401
divisions (L) and (N) of section 3317.024; section 3317.0216; and	16402
any unit payments for gifted student services paid under sections	16403
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	16404
for fiscal years 2008 and 2009, the amount computed for the	16405
district under Section 269.20.80 of H.B. 119 of the 127th general	16406
assembly and as that section subsequently may be amended shall be	16407
substituted for the amount computed under division (D) of section	16408
3317.022 of the Revised Code, and the amount computed under	16409
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	16410
that section subsequently may be amended shall be included.	16411

(b) For fiscal years 2010 and 2011, the sum of the amounts	16412
computed under former sections 3306.052, 3306.12, 3306.13,	16413
3306.19, 3306.191, and 3306.192 of the Revised Code;	16414

(c) For fiscal years 2012 and 2013, the sum of the amounts	16415
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	16416
153 of the 129th general assembly.	16417

(3) "State education aid" for a joint vocational school	16418
district means the following:	16419

(a) For fiscal years prior to fiscal year 2010, the sum of	16420
the state aid computed for the district under division (N) of	16421
section 3317.024 and section 3317.16 of the Revised Code, except	16422
that, for fiscal years 2008 and 2009, the amount computed under	16423
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	16424
that section subsequently may be amended shall be included.	16425

(b) For fiscal years 2010 and 2011, the amount paid in	16426
accordance with Section 265.30.50 of H.B. 1 of the 128th general	16427
assembly.	16428

(c) For fiscal years 2012 and 2013, the amount paid in	16429
accordance with Section 267.30.60 of H.B. 153 of the 129th general	16430
assembly.	16431

(4) "State education aid offset" means the amount determined	16432
for each school district or joint vocational school district under	16433
division (A)(1) of section 5751.21 of the Revised Code.	16434

(5) "Machinery and equipment property tax value loss" means	16435
the amount determined under division (C)(1) of this section.	16436

(6) "Inventory property tax value loss" means the amount	16437
determined under division (C)(2) of this section.	16438

(7) "Furniture and fixtures property tax value loss" means	16439
the amount determined under division (C)(3) of this section.	16440

(8) "Machinery and equipment fixed-rate levy loss" means the	16441
amount determined under division (D)(1) of this section.	16442

(9) "Inventory fixed-rate levy loss" means the amount	16443
determined under division (D)(2) of this section.	16444

(10) "Furniture and fixtures fixed-rate levy loss" means the	16445
amount determined under division (D)(3) of this section.	16446

(11) "Total fixed-rate levy loss" means the sum of the	16447
machinery and equipment fixed-rate levy loss, the inventory	16448
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	16449
loss, and the telephone company fixed-rate levy loss.	16450

(12) "Fixed-sum levy loss" means the amount determined under	16451
division (E) of this section.	16452

(13) "Machinery and equipment" means personal property	16453
subject to the assessment rate specified in division (F) of	16454
section 5711.22 of the Revised Code.	16455

(14) "Inventory" means personal property subject to the	16456
assessment rate specified in division (E) of section 5711.22 of	16457
the Revised Code.	16458

(15) "Furniture and fixtures" means personal property subject	16459
to the assessment rate specified in division (G) of section	16460
5711.22 of the Revised Code.	16461

(16) "Qualifying levies" are levies in effect for tax year	16462
2004 or applicable to tax year 2005 or approved at an election	16463
conducted before September 1, 2005. For the purpose of determining	16464
the rate of a qualifying levy authorized by section 5705.212 or	16465
5705.213 of the Revised Code, the rate shall be the rate that	16466
would be in effect for tax year 2010.	16467

(17) "Telephone property" means tangible personal property of	16468
a telephone, telegraph, or interexchange telecommunications	16469
company subject to an assessment rate specified in section	16470
5727.111 of the Revised Code in tax year 2004.	16471

(18) "Telephone property tax value loss" means the amount	16472
determined under division (C)(4) of this section.	16473

(19) "Telephone property fixed-rate levy loss" means the	16474
amount determined under division (D)(4) of this section.	16475

(20) "Taxes charged and payable" means taxes charged and	16476
payable after the reduction required by section 319.301 of the	16477
Revised Code but before the reductions required by sections	16478
319.302 and 323.152 of the Revised Code.	16479

(21) "Median estate tax collections" means, in the case of a	16480
municipal corporation to which revenue from the taxes levied in	16481
Chapter 5731. of the Revised Code was distributed in each of	16482
calendar years 2006, 2007, 2008, and 2009, the median of those	16483
distributions. In the case of a municipal corporation to which no	16484
distributions were made in one or more of those years, "median	16485
estate tax collections" means zero.	16486

(22) "Total resources," in the case of a school district,	16487
means the sum of the amounts in divisions (A)(22)(a) to (h) of	16488
this section less any reduction required under division (A)(32) or	16489
(33) of this section.	16490

(a) The state education aid for fiscal year 2010;

16491

(b) The sum of the payments received by the school district	16492
in fiscal year 2010 for current expense levy losses pursuant to	16493
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	16494
section 5751.21 of the Revised Code, excluding the portion of such	16495
payments attributable to levies for joint vocational school	16496
district purposes;	16497

(c) The sum of fixed-sum levy loss payments received by the	16498
school district in fiscal year 2010 pursuant to division (E)(1) of	16499
section 5727.85 and division (E)(1) of section 5751.21 of the	16500
Revised Code for fixed-sum levies charged and payable for a	16501
purpose other than paying debt charges;	16502

(d) Fifty per cent of the school district's taxes charged and	16503
payable against all property on the tax list of real and public	16504
utility property for current expense purposes for tax year 2008,	16505
including taxes charged and payable from emergency levies charged	16506
and payable under section 5709.194 of the Revised Code and	16507
excluding taxes levied for joint vocational school district	16508
purposes;	16509

(e) Fifty per cent of the school district's taxes charged and	16510
payable against all property on the tax list of real and public	16511
utility property for current expenses for tax year 2009, including	16512
taxes charged and payable from emergency levies and excluding	16513
taxes levied for joint vocational school district purposes;	16514

(f) The school district's taxes charged and payable against	16515
all property on the general tax list of personal property for	16516
current expenses for tax year 2009, including taxes charged and	16517
payable from emergency levies;	16518

(g) The amount certified for fiscal year 2010 under division	16519
(A)(2) of section 3317.08 of the Revised Code;	16520

(h) Distributions received during calendar year 2009 from	16521
taxes levied under section 718.09 of the Revised Code.	16522

(23) "Total resources," in the case of a joint vocational	16523
school district, means the sum of amounts in divisions (A)(23)(a)	16524
to (g) of this section less any reduction required under division	16525
(A)(32) of this section.	16526

(a) The state education aid for fiscal year 2010;

16527

(b) The sum of the payments received by the joint vocational	16528
school district in fiscal year 2010 for current expense levy	16529
losses pursuant to division (C)(2) of section 5727.85 and	16530
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	16531

(c) Fifty per cent of the joint vocational school district's	16532
taxes charged and payable against all property on the tax list of	16533
real and public utility property for current expense purposes for	16534
tax year 2008;	16535

(d) Fifty per cent of the joint vocational school district's	16536
taxes charged and payable against all property on the tax list of	16537
real and public utility property for current expenses for tax year	16538
2009;	16539

(e) Fifty per cent of a city, local, or exempted village	16540
school district's taxes charged and payable against all property	16541
on the tax list of real and public utility property for current	16542
expenses of the joint vocational school district for tax year	16543
2008;	16544

(f) Fifty per cent of a city, local, or exempted village	16545
school district's taxes charged and payable against all property	16546
on the tax list of real and public utility property for current	16547
expenses of the joint vocational school district for tax year	16548
2009;	16549

(g) The joint vocational school district's taxes charged and	16550
payable against all property on the general tax list of personal	16551
property for current expenses for tax year 2009.	16552

(24) "Total resources," in the case of county mental health	16553
and disability related functions, means the sum of the amounts in	16554
divisions (A)(24)(a) and (b) of this section less any reduction	16555
required under division (A)(32) of this section.	16556

(a) The sum of the payments received by the county for mental	16557
health and developmental disability related functions in calendar	16558
year 2010 under division (A)(1) of section 5727.86 and divisions	16559
(A)(1) and (2) of section 5751.22 of the Revised Code as they	16560
existed at that time;	16561

(b) With respect to taxes levied by the county for mental	16562
health and developmental disability related purposes, the taxes	16563
charged and payable for such purposes against all property on the	16564
tax list of real and public utility property for tax year 2009.	16565

(25) "Total resources," in the case of county senior services	16566
related functions, means the sum of the amounts in divisions	16567
(A)(25)(a) and (b) of this section less any reduction required	16568
under division (A)(32) of this section.	16569

(a) The sum of the payments received by the county for senior	16570
services related functions in calendar year 2010 under division	16571
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	16572
5751.22 of the Revised Code as they existed at that time;	16573

(b) With respect to taxes levied by the county for senior	16574
services related purposes, the taxes charged and payable for such	16575
purposes against all property on the tax list of real and public	16576
utility property for tax year 2009.	16577

(26) "Total resources," in the case of county children's	16578
services related functions, means the sum of the amounts in	16579
divisions (A)(26)(a) and (b) of this section less any reduction	16580
required under division (A)(32) of this section.	16581

(a) The sum of the payments received by the county for	16582
children's services related functions in calendar year 2010 under	16583
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	16584
section 5751.22 of the Revised Code as they existed at that time;	16585

(b) With respect to taxes levied by the county for children's	16586
services related purposes, the taxes charged and payable for such	16587
purposes against all property on the tax list of real and public	16588
utility property for tax year 2009.	16589

(27) "Total resources," in the case of county public health	16590
related functions, means the sum of the amounts in divisions	16591
(A)(27)(a) and (b) of this section less any reduction required	16592
under division (A)(32) of this section.	16593

(a) The sum of the payments received by the county for public	16594
health related functions in calendar year 2010 under division	16595
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	16596
5751.22 of the Revised Code as they existed at that time;	16597

(b) With respect to taxes levied by the county for public	16598
health related purposes, the taxes charged and payable for such	16599
purposes against all property on the tax list of real and public	16600
utility property for tax year 2009.	16601

(28) "Total resources," in the case of all county functions	16602
not included in divisions (A)(24) to (27) of this section, means	16603
the sum of the amounts in divisions (A)(28)(a) to (d) of this	16604
section less any reduction required under division (A)(32) or (33)	16605
of this section.	16606

(a) The sum of the payments received by the county for all	16607
other purposes in calendar year 2010 under division (A)(1) of	16608
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	16609
the Revised Code as they existed at that time;	16610

(b) The county's percentage share of county undivided local	16611
government fund allocations as certified to the tax commissioner	16612
for calendar year 2010 by the county auditor under division (J) of	16613
section 5747.51 of the Revised Code or division (F) of section	16614
5747.53 of the Revised Code multiplied by the total amount	16615
actually distributed in calendar year 2010 from the county	16616
undivided local government fund;	16617

(c) With respect to taxes levied by the county for all other	16618
purposes, the taxes charged and payable for such purposes against	16619
all property on the tax list of real and public utility property	16620
for tax year 2009, excluding taxes charged and payable for the	16621
purpose of paying debt charges;	16622

(d) The sum of the amounts distributed to the county in	16623
calendar year 2010 for the taxes levied pursuant to sections	16624
5739.021 and 5741.021 of the Revised Code.	16625

(29) "Total resources," in the case of a municipal	16626
corporation, means the sum of the amounts in divisions (A)(29)(a)	16627
to (g) of this section less any reduction required under division	16628
(A)(32) or (33) of this section.	16629

(a) The sum of the payments received by the municipal	16630
corporation in calendar year 2010 for current expense levy losses	16631
under division (A)(1) of section 5727.86 and divisions (A)(1) and	16632
(2) of section 5751.22 of the Revised Code as they existed at that	16633
time;	16634

(b) The municipal corporation's percentage share of county	16635
undivided local government fund allocations as certified to the	16636
tax commissioner for calendar year 2010 by the county auditor	16637
under division (J) of section 5747.51 of the Revised Code or	16638
division (F) of section 5747.53 of the Revised Code multiplied by	16639
the total amount actually distributed in calendar year 2010 from	16640
the county undivided local government fund;	16641

(c) The sum of the amounts distributed to the municipal	16642
corporation in calendar year 2010 pursuant to section 5747.50 of	16643
the Revised Code;	16644

(d) With respect to taxes levied by the municipal	16645
corporation, the taxes charged and payable against all property on	16646
the tax list of real and public utility property for current	16647
expenses, defined in division (A)(35) of this section, for tax	16648
year 2009;	16649

(e) The amount of admissions tax collected by the municipal	16650
corporation in calendar year 2008, or if such information has not	16651
yet been reported to the tax commissioner, in the most recent year	16652
before 2008 for which the municipal corporation has reported data	16653
to the commissioner;	16654

(f) The amount of income taxes collected by the municipal	16655
corporation in calendar year 2008, or if such information has not	16656
yet been reported to the tax commissioner, in the most recent year	16657
before 2008 for which the municipal corporation has reported data	16658
to the commissioner;	16659

(g) The municipal corporation's median estate tax	16660
collections.	16661

(30) "Total resources," in the case of a township, means the	16662
sum of the amounts in divisions (A)(30)(a) to (c) of this section	16663
less any reduction required under division (A)(32) or (33) of this	16664
section.	16665

(a) The sum of the payments received by the township in	16666
calendar year 2010 pursuant to division (A)(1) of section 5727.86	16667
of the Revised Code and divisions (A)(1) and (2) of section	16668
5751.22 of the Revised Code as they existed at that time,	16669
excluding payments received for debt purposes;	16670

(b) The township's percentage share of county undivided local	16671
government fund allocations as certified to the tax commissioner	16672
for calendar year 2010 by the county auditor under division (J) of	16673
section 5747.51 of the Revised Code or division (F) of section	16674
5747.53 of the Revised Code multiplied by the total amount	16675
actually distributed in calendar year 2010 from the county	16676
undivided local government fund;	16677

(c) With respect to taxes levied by the township, the taxes	16678
charged and payable against all property on the tax list of real	16679
and public utility property for tax year 2009 excluding taxes	16680
charged and payable for the purpose of paying debt charges.	16681

(31) "Total resources," in the case of a local taxing unit	16682
that is not a county, municipal corporation, or township, means	16683
the sum of the amounts in divisions (A)(31)(a) to (e) of this	16684
section less any reduction required under division (A)(32) of this	16685
section.	16686

(a) The sum of the payments received by the local taxing unit	16687
in calendar year 2010 pursuant to division (A)(1) of section	16688
5727.86 of the Revised Code and divisions (A)(1) and (2) of	16689
section 5751.22 of the Revised Code as they existed at that time;	16690

(b) The local taxing unit's percentage share of county	16691
undivided local government fund allocations as certified to the	16692
tax commissioner for calendar year 2010 by the county auditor	16693
under division (J) of section 5747.51 of the Revised Code or	16694
division (F) of section 5747.53 of the Revised Code multiplied by	16695
the total amount actually distributed in calendar year 2010 from	16696
the county undivided local government fund;	16697

(c) With respect to taxes levied by the local taxing unit,	16698
the taxes charged and payable against all property on the tax list	16699
of real and public utility property for tax year 2009 excluding	16700
taxes charged and payable for the purpose of paying debt charges;	16701

(d) The amount received from the tax commissioner during	16702
calendar year 2010 for sales or use taxes authorized under	16703
sections 5739.023 and 5741.022 of the Revised Code;	16704

(e) For institutions of higher education receiving tax	16705
revenue from a local levy, as identified in section 3358.02 of the	16706
Revised Code, the final state share of instruction allocation for	16707
fiscal year 2010 as calculated by the board of regents and	16708
reported to the state controlling board.	16709

(32) If a fixed-rate levy that is a qualifying levy is not	16710
charged and payable in any year after tax year 2010, "total	16711
resources" used to compute payments to be made under division	16712
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	16713
5751.22 of the Revised Code in the tax years following the last	16714
year the levy is charged and payable shall be reduced to the	16715
extent that the payments are attributable to the fixed-rate levy	16716
loss of that levy as would be computed under division (C)(2) of	16717
section 5727.85, division (A)(1) of section 5727.85, divisions	16718
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	16719
5751.22 of the Revised Code.	16720

(33) In the case of a county, municipal corporation, school	16721
district, or township with fixed-rate levy losses attributable to	16722
a tax levied under section 5705.23 of the Revised Code, "total	16723
resources" used to compute payments to be made under division	16724
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	16725
division (C)(12) of section 5751.21, or division (A)(1)(c) of	16726
section 5751.22 of the Revised Code shall be reduced by the	16727
amounts described in divisions (A)(34)(a) to (c) of this section	16728
to the extent that those amounts were included in calculating the	16729
"total resources" of the school district or local taxing unit	16730
under division (A)(22), (28), (29), or (30) of this section.	16731

(34) "Total library resources," in the case of a county,	16732
municipal corporation, school district, or township public library	16733
that receives the proceeds of a tax levied under section 5705.23	16734
of the Revised Code, means the sum of the amounts in divisions	16735
(A)(34)(a) to (c) of this section less any reduction required	16736
under division (A)(32) of this section.	16737

(a) The sum of the payments received by the county, municipal	16738
corporation, school district, or township public library in	16739
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	16740
Revised Code, as they existed at that time, for fixed-rate levy	16741
losses attributable to a tax levied under section 5705.23 of the	16742
Revised Code for the benefit of the public library;	16743

(b) The public library's percentage share of county undivided	16744
local government fund allocations as certified to the tax	16745
commissioner for calendar year 2010 by the county auditor under	16746
division (J) of section 5747.51 of the Revised Code or division	16747
(F) of section 5747.53 of the Revised Code multiplied by the total	16748
amount actually distributed in calendar year 2010 from the county	16749
undivided local government fund;	16750

(c) With respect to a tax levied pursuant to section 5705.23	16751
of the Revised Code for the benefit of the public library, the	16752
amount of such tax that is charged and payable against all	16753
property on the tax list of real and public utility property for	16754
tax year 2009 excluding any tax that is charged and payable for	16755
the purpose of paying debt charges.	16756

(35) "Municipal current expense property tax levies" means	16757
all property tax levies of a municipality, except those with the	16758
following levy names: airport resurfacing; bond or any levy name	16759
including the word "bond"; capital improvement or any levy name	16760
including the word "capital"; debt or any levy name including the	16761
word "debt"; equipment or any levy name including the word	16762
"equipment," unless the levy is for combined operating and	16763
equipment; employee termination fund; fire pension or any levy	16764
containing the word "pension," including police pensions;	16765
fireman's fund or any practically similar name; sinking fund; road	16766
improvements or any levy containing the word "road"; fire truck or	16767
apparatus; flood or any levy containing the word "flood";	16768
conservancy district; county health; note retirement; sewage, or	16769
any levy containing the words "sewage" or "sewer"; park	16770
improvement; parkland acquisition; storm drain; street or any levy	16771
name containing the word "street"; lighting, or any levy name	16772
containing the word "lighting"; and water.	16773

(36) "Current expense TPP allocation" means, in the case of a	16774
school district or joint vocational school district, the sum of	16775
the payments received by the school district in fiscal year 2011	16776
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	16777
Revised Code to the extent paid for current expense levies. In the	16778
case of a municipal corporation, "current expense TPP allocation"	16779
means the sum of the payments received by the municipal	16780
corporation in calendar year 2010 pursuant to divisions (A)(1) and	16781
(2) of section 5751.22 of the Revised Code to the extent paid for	16782
municipal current expense property tax levies as defined in	16783
division (A)(35) of this section, excluding any such payments	16784
received for current expense levy losses attributable to a tax	16785
levied under section 5705.23 of the Revised Code. If a fixed-rate	16786
levy that is a qualifying levy is not charged and payable in any	16787
year after tax year 2010, "current expense TPP allocation" used to	16788
compute payments to be made under division (C)(12) of section	16789
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	16790
Revised Code in the tax years following the last year the levy is	16791
charged and payable shall be reduced to the extent that the	16792
payments are attributable to the fixed-rate levy loss of that levy	16793
as would be computed under divisions (C)(10) and (11) of section	16794
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	16795

(37) "TPP allocation" means the sum of payments received by a	16796
local taxing unit in calendar year 2010 pursuant to divisions	16797
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	16798
any such payments received for fixed-rate levy losses attributable	16799
to a tax levied under section 5705.23 of the Revised Code. If a	16800
fixed-rate levy that is a qualifying levy is not charged and	16801
payable in any year after tax year 2010, "TPP allocation" used to	16802
compute payments to be made under division (A)(1)(b) or (c) of	16803
section 5751.22 of the Revised Code in the tax years following the	16804
last year the levy is charged and payable shall be reduced to the	16805
extent that the payments are attributable to the fixed-rate levy	16806
loss of that levy as would be computed under division (A)(1) of	16807
that section.	16808

(38) "Total TPP allocation" means, in the case of a school	16809
district or joint vocational school district, the sum of the	16810
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	16811
and (11) and (D) of section 5751.21 of the Revised Code. In the	16812
case of a local taxing unit, "total TPP allocation" means the sum	16813
of payments received by the unit in calendar year 2010 pursuant to	16814
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	16815
Code. If a fixed-rate levy that is a qualifying levy is not	16816
charged and payable in any year after tax year 2010, "total TPP	16817
allocation" used to compute payments to be made under division	16818
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	16819
5751.22 of the Revised Code in the tax years following the last	16820
year the levy is charged and payable shall be reduced to the	16821
extent that the payments are attributable to the fixed-rate levy	16822
loss of that levy as would be computed under divisions (C)(10) and	16823
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	16824
the Revised Code.	16825

(39) "Non-current expense TPP allocation" means the	16826
difference of total TPP allocation minus the sum of current	16827
expense TPP allocation and the portion of total TPP allocation	16828
constituting reimbursement for debt levies, pursuant to division	16829
(D) of section 5751.21 of the Revised Code in the case of a school	16830
district or joint vocational school district and pursuant to	16831
division (A)(3) of section 5751.22 of the Revised Code in the case	16832
of a municipal corporation.	16833

(40) "TPP allocation for library purposes" means the sum of	16834
payments received by a county, municipal corporation, school	16835
district, or township public library in calendar year 2010	16836
pursuant to section 5751.22 of the Revised Code for fixed-rate	16837
levy losses attributable to a tax levied under section 5705.23 of	16838
the Revised Code. If a fixed-rate levy authorized under section	16839
5705.23 of the Revised Code that is a qualifying levy is not	16840
charged and payable in any year after tax year 2010, "TPP	16841
allocation for library purposes" used to compute payments to be	16842
made under division (A)(1)(d) of section 5751.22 of the Revised	16843
Code in the tax years following the last year the levy is charged	16844
and payable shall be reduced to the extent that the payments are	16845
attributable to the fixed-rate levy loss of that levy as would be	16846
computed under division (A)(1) of section 5751.22 of the Revised	16847
Code.	16848

(41) "Threshold per cent" means, in the case of a school	16849
district or joint vocational school district, two per cent for	16850
fiscal year 2012 and four per cent for fiscal years 2013 and	16851
thereafter. In the case of a local taxing unit or public library	16852
that receives the proceeds of a tax levied under section 5705.23	16853
of the Revised Code, "threshold per cent" means two per cent for	16854
tax year 2011, four per cent for tax year 2012, and six per cent	16855
for tax years 2013 and thereafter.	16856

(B)(1) The commercial activities tax receipts fund is hereby	16857
created in the state treasury and shall consist of money arising	16858
from the tax imposed under this chapter. Eighty-five	16859
one-hundredths of one per cent of the money credited to that fund	16860
shall be credited to the revenue enhancement fund and shall be	16861
used to defray the costs incurred by the department of taxation in	16862
administering the tax imposed by this chapter and in implementing	16863
tax reform measures. The remainder of the money in the commercial	16864
activities tax receipts fund shall first be credited ~~for each~~	16865
~~fiscal year~~to the commercial activity tax motor fuel receipts	16866
fund, pursuant to division (B)(2) of this section, and the	16867
remainder shall be credited in the following percentages each	16868
fiscal year to the general revenue fund, to the school district	16869
tangible property tax replacement fund, which is hereby created in	16870
the state treasury for the purpose of making the payments	16871
described in section 5751.21 of the Revised Code, and to the local	16872
government tangible property tax replacement fund, which is hereby	16873
created in the state treasury for the purpose of making the	16874
payments described in section 5751.22 of the Revised Code, in the	16875
following percentages:	16876

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	16877
2006	67.7%	22.6%	9.7%	16878
2007	0%	70.0%	30.0%	16879
2008	0%	70.0%	30.0%	16880
2009	0%	70.0%	30.0%	16881
2010	0%	70.0%	30.0%	16882
2011	0%	70.0%	30.0%	16883
2012	25.0%	52.5%	22.5%	16884
2013 and thereafter	50.0%	35.0%	15.0%	16885

(2) Not later than the twentieth day of February, May,	16886
August, and November of each year, the commissioner shall provide	16887
for payment from the commercial activities tax receipts fund to	16888
the commercial activity tax motor fuel receipts fund an amount	16889
that bears the same ratio to the balance in the commercial	16890
activities tax receipts fund that (a) the taxable gross receipts	16891
attributed to motor fuel used for propelling vehicles on public	16892
highways as indicated by returns filed by the tenth day of that	16893
month for a liability that is due and payable on or after July 1,	16894
2013, bears to (b) all taxable gross receipts as indicated by	16895
those returns for such liabilities.	16896

(C) Not later than September 15, 2005, the tax commissioner	16897
shall determine for each school district, joint vocational school	16898
district, and local taxing unit its machinery and equipment,	16899
inventory property, furniture and fixtures property, and telephone	16900
property tax value losses, which are the applicable amounts	16901
described in divisions (C)(1), (2), (3), and (4) of this section,	16902
except as provided in division (C)(5) of this section:	16903

(1) Machinery and equipment property tax value loss is the	16904
taxable value of machinery and equipment property as reported by	16905
taxpayers for tax year 2004 multiplied by:	16906

(a) For tax year 2006, thirty-three and eight-tenths per	16907
cent;	16908

(b) For tax year 2007, sixty-one and three-tenths per cent;

16909

16910

(d) For tax year 2009 and thereafter, one hundred per cent.

16911

(2) Inventory property tax value loss is the taxable value of	16912
inventory property as reported by taxpayers for tax year 2004	16913
multiplied by:	16914

(a) For tax year 2006, a fraction, the numerator of which is	16915
five and three-fourths and the denominator of which is	16916
twenty-three;	16917

(b) For tax year 2007, a fraction, the numerator of which is	16918
nine and one-half and the denominator of which is twenty-three;	16919

(c) For tax year 2008, a fraction, the numerator of which is	16920
thirteen and one-fourth and the denominator of which is	16921
twenty-three;	16922

(d) For tax year 2009 and thereafter a fraction, the	16923
numerator of which is seventeen and the denominator of which is	16924
twenty-three.	16925

(3) Furniture and fixtures property tax value loss is the	16926
taxable value of furniture and fixture property as reported by	16927
taxpayers for tax year 2004 multiplied by:	16928

(a) For tax year 2006, twenty-five per cent;

16929

(b) For tax year 2007, fifty per cent;

16930

16931

(d) For tax year 2009 and thereafter, one hundred per cent.

16932

The taxable value of property reported by taxpayers used in	16933
divisions (C)(1), (2), and (3) of this section shall be such	16934
values as determined to be final by the tax commissioner as of	16935
August 31, 2005. Such determinations shall be final except for any	16936
correction of a clerical error that was made prior to August 31,	16937
2005, by the tax commissioner.	16938

(4) Telephone property tax value loss is the taxable value of	16939
telephone property as taxpayers would have reported that property	16940
for tax year 2004 if the assessment rate for all telephone	16941
property for that year were twenty-five per cent, multiplied by:	16942

(a) For tax year 2006, zero per cent;

16943

(b) For tax year 2007, zero per cent;

16944

16945

(d) For tax year 2009, sixty per cent;

16946

(e) For tax year 2010, eighty per cent;

16947

(f) For tax year 2011 and thereafter, one hundred per cent.

16948

(5) Division (C)(5) of this section applies to any school	16949
district, joint vocational school district, or local taxing unit	16950
in a county in which is located a facility currently or formerly	16951
devoted to the enrichment or commercialization of uranium or	16952
uranium products, and for which the total taxable value of	16953
property listed on the general tax list of personal property for	16954
any tax year from tax year 2001 to tax year 2004 was fifty per	16955
cent or less of the taxable value of such property listed on the	16956
general tax list of personal property for the next preceding tax	16957
year.	16958

In computing the fixed-rate levy losses under divisions	16959
(D)(1), (2), and (3) of this section for any school district,	16960
joint vocational school district, or local taxing unit to which	16961
division (C)(5) of this section applies, the taxable value of such	16962
property as listed on the general tax list of personal property	16963
for tax year 2000 shall be substituted for the taxable value of	16964
such property as reported by taxpayers for tax year 2004, in the	16965
taxing district containing the uranium facility, if the taxable	16966
value listed for tax year 2000 is greater than the taxable value	16967
reported by taxpayers for tax year 2004. For the purpose of making	16968
the computations under divisions (D)(1), (2), and (3) of this	16969
section, the tax year 2000 valuation is to be allocated to	16970
machinery and equipment, inventory, and furniture and fixtures	16971
property in the same proportions as the tax year 2004 values. For	16972
the purpose of the calculations in division (A) of section 5751.21	16973
of the Revised Code, the tax year 2004 taxable values shall be	16974
used.	16975

To facilitate the calculations required under division (C) of	16976
this section, the county auditor, upon request from the tax	16977
commissioner, shall provide by August 1, 2005, the values of	16978
machinery and equipment, inventory, and furniture and fixtures for	16979
all single-county personal property taxpayers for tax year 2004.	16980

(D) Not later than September 15, 2005, the tax commissioner	16981
shall determine for each tax year from 2006 through 2009 for each	16982
school district, joint vocational school district, and local	16983
taxing unit its machinery and equipment, inventory, and furniture	16984
and fixtures fixed-rate levy losses, and for each tax year from	16985
2006 through 2011 its telephone property fixed-rate levy loss.	16986
Except as provided in division (F) of this section, such losses	16987
are the applicable amounts described in divisions (D)(1), (2),	16988
(3), and (4) of this section:	16989

(1) The machinery and equipment fixed-rate levy loss is the	16990
machinery and equipment property tax value loss multiplied by the	16991
sum of the tax rates of fixed-rate qualifying levies.	16992

(2) The inventory fixed-rate loss is the inventory property	16993
tax value loss multiplied by the sum of the tax rates of	16994
fixed-rate qualifying levies.	16995

(3) The furniture and fixtures fixed-rate levy loss is the	16996
furniture and fixture property tax value loss multiplied by the	16997
sum of the tax rates of fixed-rate qualifying levies.	16998

(4) The telephone property fixed-rate levy loss is the	16999
telephone property tax value loss multiplied by the sum of the tax	17000
rates of fixed-rate qualifying levies.	17001

(E) Not later than September 15, 2005, the tax commissioner	17002
shall determine for each school district, joint vocational school	17003
district, and local taxing unit its fixed-sum levy loss. The	17004
fixed-sum levy loss is the amount obtained by subtracting the	17005
amount described in division (E)(2) of this section from the	17006
amount described in division (E)(1) of this section:	17007

(1) The sum of the machinery and equipment property tax value	17008
loss, the inventory property tax value loss, and the furniture and	17009
fixtures property tax value loss, and, for 2008 through 2010, the	17010
telephone property tax value loss of the district or unit	17011
multiplied by the sum of the fixed-sum tax rates of qualifying	17012
levies. For 2006 through 2010, this computation shall include all	17013
qualifying levies remaining in effect for the current tax year and	17014
any school district levies charged and payable under section	17015
5705.194 or 5705.213 of the Revised Code that are qualifying	17016
levies not remaining in effect for the current year. For 2011	17017
through 2017 in the case of school district levies charged and	17018
payable under section 5705.194 or 5705.213 of the Revised Code and	17019
for all years after 2010 in the case of other fixed-sum levies,	17020
this computation shall include only qualifying levies remaining in	17021
effect for the current year. For purposes of this computation, a	17022
qualifying school district levy charged and payable under section	17023
5705.194 or 5705.213 of the Revised Code remains in effect in a	17024
year after 2010 only if, for that year, the board of education	17025
levies a school district levy charged and payable under section	17026
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	17027
an annual sum at least equal to the annual sum levied by the board	17028
in tax year 2004 less the amount of the payment certified under	17029
this division for 2006.	17030

(2) The total taxable value in tax year 2004 less the sum of	17031
the machinery and equipment, inventory, furniture and fixtures,	17032
and telephone property tax value losses in each school district,	17033
joint vocational school district, and local taxing unit multiplied	17034
by one-half of one mill per dollar.	17035

(3) For the calculations in divisions (E)(1) and (2) of this	17036
section, the tax value losses are those that would be calculated	17037
for tax year 2009 under divisions (C)(1), (2), and (3) of this	17038
section and for tax year 2011 under division (C)(4) of this	17039
section.	17040

(4) To facilitate the calculation under divisions (D) and (E)	17041
of this section, not later than September 1, 2005, any school	17042
district, joint vocational school district, or local taxing unit	17043
that has a qualifying levy that was approved at an election	17044
conducted during 2005 before September 1, 2005, shall certify to	17045
the tax commissioner a copy of the county auditor's certificate of	17046
estimated property tax millage for such levy as required under	17047
division (B) of section 5705.03 of the Revised Code, which is the	17048
rate that shall be used in the calculations under such divisions.	17049

If the amount determined under division (E) of this section	17050
for any school district, joint vocational school district, or	17051
local taxing unit is greater than zero, that amount shall equal	17052
the reimbursement to be paid pursuant to division (E) of section	17053
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	17054
and the one-half of one mill that is subtracted under division	17055
(E)(2) of this section shall be apportioned among all contributing	17056
fixed-sum levies in the proportion that each levy bears to the sum	17057
of all fixed-sum levies within each school district, joint	17058
vocational school district, or local taxing unit.	17059

(F) If a school district levies a tax under section 5705.219	17060
of the Revised Code, the fixed-rate levy loss for qualifying	17061
levies, to the extent repealed under that section, shall equal the	17062
sum of the following amounts in lieu of the amounts computed for	17063
such levies under division (D) of this section:	17064

(1) The sum of the rates of qualifying levies to the extent	17065
so repealed multiplied by the sum of the machinery and equipment,	17066
inventory, and furniture and fixtures tax value losses for 2009 as	17067
determined under that division;	17068

(2) The sum of the rates of qualifying levies to the extent	17069
so repealed multiplied by the telephone property tax value loss	17070
for 2011 as determined under that division.	17071

The fixed-rate levy losses for qualifying levies to the	17072
extent not repealed under section 5705.219 of the Revised Code	17073
shall be as determined under division (D) of this section. The	17074
revised fixed-rate levy losses determined under this division and	17075
division (D) of this section first apply in the year following the	17076
first year the district levies the tax under section 5705.219 of	17077
the Revised Code.	17078

(G) Not later than October 1, 2005, the tax commissioner	17079
shall certify to the department of education for every school	17080
district and joint vocational school district the machinery and	17081
equipment, inventory, furniture and fixtures, and telephone	17082
property tax value losses determined under division (C) of this	17083
section, the machinery and equipment, inventory, furniture and	17084
fixtures, and telephone fixed-rate levy losses determined under	17085
division (D) of this section, and the fixed-sum levy losses	17086
calculated under division (E) of this section. The calculations	17087
under divisions (D) and (E) of this section shall separately	17088
display the levy loss for each levy eligible for reimbursement.	17089

(H) Not later than October 1, 2005, the tax commissioner	17090
shall certify the amount of the fixed-sum levy losses to the	17091
county auditor of each county in which a school district, joint	17092
vocational school district, or local taxing unit with a fixed-sum	17093
levy loss reimbursement has territory.	17094

(I) Not later than the twenty-eighth day of February each	17095
year beginning in 2011 and ending in 2014, the tax commissioner	17096
shall certify to the department of education for each school	17097
district first levying a tax under section 5705.219 of the Revised	17098
Code in the preceding year the revised fixed-rate levy losses	17099
determined under divisions (D) and (F) of this section.	17100

(J) There is hereby created in the state treasury the	17101
commercial activity tax motor fuel receipts fund.	17102

Section 101.02. That existing sections 9.33, 123.21, 126.06,	17103
126.503, 127.14, 153.01, 153.65, 164.05, 307.05, 307.051, 307.055,	17104
505.37, 505.375, 505.44, 505.72, 718.01, 2913.01, 2913.02,	17105
2913.51, 2937.221, 3354.13, 3355.10, 3357.12, 3705.242, 3791.12,	17106
3791.13, 3791.99, 4501.01, 4501.03, 4501.04, 4501.041, 4501.042,	17107
4501.043, 4501.06, 4503.03, 4503.04, 4503.042, 4503.07, 4503.103,	17108
4503.11, 4503.19, 4503.191, 4503.22, 4503.42, 4503.45, 4503.49,	17109
4504.19, 4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 4507.05,	17110
4507.23, 4511.01, 4511.13, 4511.21, 4511.61, 4513.263, 4513.34,	17111
4513.53, 4513.66, 4517.021, 4561.01, 4561.06, 4561.07, 4561.08,	17112
4561.09, 4561.12, 4561.21, 4582.06, 4737.04, 4737.99, 4743.05,	17113
4765.02, 4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08,	17114
4765.09, 4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	17115
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	17116
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	17117
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	17118
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	17119
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	17120
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.17, 5501.31,	17121
5501.73, 5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5503.31,	17122
5503.32, 5513.01, 5517.02, 5525.01, 5525.16, 5526.01, 5533.121,	17123
5533.31, 5537.01, 5537.02, 5537.03, 5537.04, 5537.05, 5537.051,	17124
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 5537.12, 5537.13,	17125
5537.14, 5537.15, 5537.16, 5537.17, 5537.19, 5537.20, 5537.21,	17126
5537.22, 5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 5537.30,	17127
5577.05, 5728.01, 5735.05, 5735.23, 5739.02, 5747.01, 5747.08,	17128
5747.98, 5751.01, 5751.02, 5751.051, and 5751.20 and sections	17129
126.60, 126.601, 126.602, 126.603, 126.604, 126.605, 3791.11,	17130
4766.02, 4766.20, 4981.36, 4981.361, and 5540.151 of the	17131
Revised Code are hereby repealed.	17132

Section 110.10. That the versions of sections 4501.01,	17133
4503.04, 4503.22, 4507.05, and 4511.01 of the Revised Code that	17134
are scheduled to take effect January 1, 2017, be amended to read	17135
as follows:	17136

Sec. 4501.01. As used in this chapter and Chapters 4503.,	17137
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	17138
Revised Code, and in the penal laws, except as otherwise provided:	17139

(A) "Vehicles" means everything on wheels or runners,	17140
including motorized bicycles, but does not mean electric personal	17141
assistive mobility devices, vehicles that are operated exclusively	17142
on rails or tracks or from overhead electric trolley wires, and	17143
vehicles that belong to any police department, municipal fire	17144
department, or volunteer fire department, or that are used by such	17145
a department in the discharge of its functions.	17146

(B) "Motor vehicle" means any vehicle, including mobile homes	17147
and recreational vehicles, that is propelled or drawn by power	17148
other than muscular power or power collected from overhead	17149
electric trolley wires. "Motor vehicle" does not include utility	17150
vehicles as defined in division (VV) of this section, under-speed	17151
vehicles as defined in division (XX) of this section, mini-trucks	17152
as defined in division (BBB) of this section, motorized bicycles,	17153
road rollers, traction engines, power shovels, power cranes, and	17154
other equipment used in construction work and not designed for or	17155
employed in general highway transportation, well-drilling	17156
machinery, ditch-digging machinery, farm machinery, and trailers	17157
that are designed and used exclusively to transport a boat between	17158
a place of storage and a marina, or in and around a marina, when	17159
drawn or towed on a public road or highway for a distance of no	17160
more than ten miles and at a speed of twenty-five miles per hour	17161
or less.	17162

(C) "Agricultural tractor" and "traction engine" mean any	17163
self-propelling vehicle that is designed or used for drawing other	17164
vehicles or wheeled machinery, but has no provisions for carrying	17165
loads independently of such other vehicles, and that is used	17166
principally for agricultural purposes.	17167

(D) "Commercial tractor," except as defined in division (C)	17168
of this section, means any motor vehicle that has motive power and	17169
either is designed or used for drawing other motor vehicles, or is	17170
designed or used for drawing another motor vehicle while carrying	17171
a portion of the other motor vehicle or its load, or both.	17172

(E) "Passenger car" means any motor vehicle that is designed	17173
and used for carrying not more than nine persons and includes any	17174
motor vehicle that is designed and used for carrying not more than	17175
fifteen persons in a ridesharing arrangement.	17176

(F) "Collector's vehicle" means any motor vehicle or	17177
agricultural tractor or traction engine that is of special	17178
interest, that has a fair market value of one hundred dollars or	17179
more, whether operable or not, and that is owned, operated,	17180
collected, preserved, restored, maintained, or used essentially as	17181
a collector's item, leisure pursuit, or investment, but not as the	17182
owner's principal means of transportation. "Licensed collector's	17183
vehicle" means a collector's vehicle, other than an agricultural	17184
tractor or traction engine, that displays current, valid license	17185
tags issued under section 4503.45 of the Revised Code, or a	17186
similar type of motor vehicle that displays current, valid license	17187
tags issued under substantially equivalent provisions in the laws	17188
of other states.	17189

(G) "Historical motor vehicle" means any motor vehicle that	17190
is over twenty-five years old and is owned solely as a collector's	17191
item and for participation in club activities, exhibitions, tours,	17192
parades, and similar uses, but that in no event is used for	17193
general transportation.	17194

(H) "Noncommercial motor vehicle" means any motor vehicle,	17195
including a farm truck as defined in section 4503.04 of the	17196
Revised Code, that is designed by the manufacturer to carry a load	17197
of no more than one ton and is used exclusively for purposes other	17198
than engaging in business for profit.	17199

(I) "Bus" means any motor vehicle that has motor power and is	17200
designed and used for carrying more than nine passengers, except	17201
any motor vehicle that is designed and used for carrying not more	17202
than fifteen passengers in a ridesharing arrangement.	17203

(J) "Commercial car" or "truck" means any motor vehicle that	17204
has motor power and is designed and used for carrying merchandise	17205
or freight, or that is used as a commercial tractor.	17206

(K) "Bicycle" means every device, other than a ~~tricycle~~	17207
device that is designed solely for use as a play vehicle by a	17208
child, that is propelled solely by human power upon which ~~any~~a	17209
person may ride, and that has two ~~tandem~~or more wheels, ~~or one~~	17210
~~wheel in front and two wheels in the rear, or two wheels in the~~	17211
~~front and one wheel in the rear,~~ any of which is more than	17212
fourteen inches in diameter.	17213

(L) "Motorized bicycle" or "moped" means any vehicle that	17214
either has two tandem wheels or one wheel in the front and two	17215
wheels in the rear, that may be pedaled, and that is equipped with	17216
a helper motor of not more than fifty cubic centimeters piston	17217
displacement that produces no more than one brake horsepower and	17218
is capable of propelling the vehicle at a speed of no greater than	17219
twenty miles per hour on a level surface.	17220

(M) "Trailer" means any vehicle without motive power that is	17221
designed or used for carrying property or persons wholly on its	17222
own structure and for being drawn by a motor vehicle, and includes	17223
any such vehicle that is formed by or operated as a combination of	17224
a semitrailer and a vehicle of the dolly type such as that	17225
commonly known as a trailer dolly, a vehicle used to transport	17226
agricultural produce or agricultural production materials between	17227
a local place of storage or supply and the farm when drawn or	17228
towed on a public road or highway at a speed greater than	17229
twenty-five miles per hour, and a vehicle that is designed and	17230
used exclusively to transport a boat between a place of storage	17231
and a marina, or in and around a marina, when drawn or towed on a	17232
public road or highway for a distance of more than ten miles or at	17233
a speed of more than twenty-five miles per hour. "Trailer" does	17234
not include a manufactured home or travel trailer.	17235

(N) "Noncommercial trailer" means any trailer, except a	17236
travel trailer or trailer that is used to transport a boat as	17237
described in division (B) of this section, but, where applicable,	17238
includes a vehicle that is used to transport a boat as described	17239
in division (M) of this section, that has a gross weight of no	17240
more than ten thousand pounds, and that is used exclusively for	17241
purposes other than engaging in business for a profit, such as the	17242
transportation of personal items for personal or recreational	17243
purposes.	17244

(O) "Mobile home" means a building unit or assembly of closed	17245
construction that is fabricated in an off-site facility, is more	17246
than thirty-five body feet in length or, when erected on site, is	17247
three hundred twenty or more square feet, is built on a permanent	17248
chassis, is transportable in one or more sections, and does not	17249
qualify as a manufactured home as defined in division (C)(4) of	17250
section 3781.06 of the Revised Code or as an industrialized unit	17251
as defined in division (C)(3) of section 3781.06 of the Revised	17252
Code.	17253

(P) "Semitrailer" means any vehicle of the trailer type that	17254
does not have motive power and is so designed or used with another	17255
and separate motor vehicle that in operation a part of its own	17256
weight or that of its load, or both, rests upon and is carried by	17257
the other vehicle furnishing the motive power for propelling	17258
itself and the vehicle referred to in this division, and includes,	17259
for the purpose only of registration and taxation under those	17260
chapters, any vehicle of the dolly type, such as a trailer dolly,	17261
that is designed or used for the conversion of a semitrailer into	17262
a trailer.	17263

(Q) "Recreational vehicle" means a vehicular portable	17264
structure that meets all of the following conditions:	17265

(1) It is designed for the sole purpose of recreational	17266
travel.	17267

(2) It is not used for the purpose of engaging in business	17268
for profit.	17269

(3) It is not used for the purpose of engaging in intrastate	17270
commerce.	17271

(4) It is not used for the purpose of commerce as defined in	17272
49 C.F.R. 383.5, as amended.	17273

(5) It is not regulated by the public utilities commission	17274
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	17275

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

17276

(a) "Travel trailer" or "house vehicle" means a	17277
nonself-propelled recreational vehicle that does not exceed an	17278
overall length of forty feet, exclusive of bumper and tongue or	17279
coupling. "Travel trailer" includes a tent-type fold-out camping	17280
trailer as defined in section 4517.01 of the Revised Code.	17281

(b) "Motor home" means a self-propelled recreational vehicle	17282
that has no fifth wheel and is constructed with permanently	17283
installed facilities for cold storage, cooking and consuming of	17284
food, and for sleeping.	17285

(c) "Truck camper" means a nonself-propelled recreational	17286
vehicle that does not have wheels for road use and is designed to	17287
be placed upon and attached to a motor vehicle. "Truck camper"	17288
does not include truck covers that consist of walls and a roof,	17289
but do not have floors and facilities enabling them to be used as	17290
a dwelling.	17291

(d) "Fifth wheel trailer" means a vehicle that is of such	17292
size and weight as to be movable without a special highway permit,	17293
that is constructed with a raised forward section that allows a	17294
bi-level floor plan, and that is designed to be towed by a vehicle	17295
equipped with a fifth-wheel hitch ordinarily installed in the bed	17296
of a truck.	17297

(e) "Park trailer" means a vehicle that is commonly known as	17298
a park model recreational vehicle, meets the American national	17299
standard institute standard A119.5 (1988) for park trailers, is	17300
built on a single chassis, has a gross trailer area of four	17301
hundred square feet or less when set up, is designed for seasonal	17302
or temporary living quarters, and may be connected to utilities	17303
necessary for the operation of installed features and appliances.	17304

(R) "Pneumatic tires" means tires of rubber and fabric or	17305
tires of similar material, that are inflated with air.	17306

(S) "Solid tires" means tires of rubber or similar elastic	17307
material that are not dependent upon confined air for support of	17308
the load.	17309

(T) "Solid tire vehicle" means any vehicle that is equipped	17310
with two or more solid tires.	17311

(U) "Farm machinery" means all machines and tools that are	17312
used in the production, harvesting, and care of farm products, and	17313
includes trailers that are used to transport agricultural produce	17314
or agricultural production materials between a local place of	17315
storage or supply and the farm, agricultural tractors, threshing	17316
machinery, hay-baling machinery, corn shellers, hammermills, and	17317
machinery used in the production of horticultural, agricultural,	17318
and vegetable products.	17319

(V) "Owner" includes any person or firm, other than a	17320
manufacturer or dealer, that has title to a motor vehicle, except	17321
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	17322
includes in addition manufacturers and dealers.	17323

(W) "Manufacturer" and "dealer" include all persons and firms	17324
that are regularly engaged in the business of manufacturing,	17325
selling, displaying, offering for sale, or dealing in motor	17326
vehicles, at an established place of business that is used	17327
exclusively for the purpose of manufacturing, selling, displaying,	17328
offering for sale, or dealing in motor vehicles. A place of	17329
business that is used for manufacturing, selling, displaying,	17330
offering for sale, or dealing in motor vehicles shall be deemed to	17331
be used exclusively for those purposes even though snowmobiles or	17332
all-purpose vehicles are sold or displayed for sale thereat, even	17333
though farm machinery is sold or displayed for sale thereat, or	17334
even though repair, accessory, gasoline and oil, storage, parts,	17335
service, or paint departments are maintained thereat, or, in any	17336
county having a population of less than seventy-five thousand at	17337
the last federal census, even though a department in a place of	17338
business is used to dismantle, salvage, or rebuild motor vehicles	17339
by means of used parts, if such departments are operated for the	17340
purpose of furthering and assisting in the business of	17341
manufacturing, selling, displaying, offering for sale, or dealing	17342
in motor vehicles. Places of business or departments in a place of	17343
business used to dismantle, salvage, or rebuild motor vehicles by	17344
means of using used parts are not considered as being maintained	17345
for the purpose of assisting or furthering the manufacturing,	17346
selling, displaying, and offering for sale or dealing in motor	17347
vehicles.	17348

(X) "Operator" includes any person who drives or operates a	17349
motor vehicle upon the public highways.	17350

(Y) "Chauffeur" means any operator who operates a motor	17351
vehicle, other than a taxicab, as an employee for hire; or any	17352
operator whether or not the owner of a motor vehicle, other than a	17353
taxicab, who operates such vehicle for transporting, for gain,	17354
compensation, or profit, either persons or property owned by	17355
another. Any operator of a motor vehicle who is voluntarily	17356
involved in a ridesharing arrangement is not considered an	17357
employee for hire or operating such vehicle for gain,	17358
compensation, or profit.	17359

(Z) "State" includes the territories and federal districts of	17360
the United States, and the provinces of Canada.	17361

(AA) "Public roads and highways" for vehicles includes all	17362
public thoroughfares, bridges, and culverts.	17363

(BB) "Manufacturer's number" means the manufacturer's	17364
original serial number that is affixed to or imprinted upon the	17365
chassis or other part of the motor vehicle.	17366

(CC) "Motor number" means the manufacturer's original number	17367
that is affixed to or imprinted upon the engine or motor of the	17368
vehicle.	17369

(DD) "Distributor" means any person who is authorized by a	17370
motor vehicle manufacturer to distribute new motor vehicles to	17371
licensed motor vehicle dealers at an established place of business	17372
that is used exclusively for the purpose of distributing new motor	17373
vehicles to licensed motor vehicle dealers, except when the	17374
distributor also is a new motor vehicle dealer, in which case the	17375
distributor may distribute at the location of the distributor's	17376
licensed dealership.	17377

(EE) "Ridesharing arrangement" means the transportation of	17378
persons in a motor vehicle where the transportation is incidental	17379
to another purpose of a volunteer driver and includes ridesharing	17380
arrangements known as carpools, vanpools, and buspools.	17381

(FF) "Apportionable vehicle" means any vehicle that is used	17382
or intended for use in two or more international registration plan	17383
member jurisdictions that allocate or proportionally register	17384
vehicles, that is used for the transportation of persons for hire	17385
or designed, used, or maintained primarily for the transportation	17386
of property, and that meets any of the following qualifications:	17387

(1) Is a power unit having a gross vehicle weight in excess	17388
of twenty-six thousand pounds;	17389

(2) Is a power unit having three or more axles, regardless of	17390
the gross vehicle weight;	17391

(3) Is a combination vehicle with a gross vehicle weight in	17392
excess of twenty-six thousand pounds.	17393

"Apportionable vehicle" does not include recreational	17394
vehicles, vehicles displaying restricted plates, city pick-up and	17395
delivery vehicles, buses used for the transportation of chartered	17396
parties, or vehicles owned and operated by the United States, this	17397
state, or any political subdivisions thereof.	17398

(GG) "Chartered party" means a group of persons who contract	17399
as a group to acquire the exclusive use of a passenger-carrying	17400
motor vehicle at a fixed charge for the vehicle in accordance with	17401
the carrier's tariff, lawfully on file with the United States	17402
department of transportation, for the purpose of group travel to a	17403
specified destination or for a particular itinerary, either agreed	17404
upon in advance or modified by the chartered group after having	17405
left the place of origin.	17406

(HH) "International registration plan" means a reciprocal	17407
agreement of member jurisdictions that is endorsed by the American	17408
association of motor vehicle administrators, and that promotes and	17409
encourages the fullest possible use of the highway system by	17410
authorizing apportioned registration of fleets of vehicles and	17411
recognizing registration of vehicles apportioned in member	17412
jurisdictions.	17413

(II) "Restricted plate" means a license plate that has a	17414
restriction of time, geographic area, mileage, or commodity, and	17415
includes license plates issued to farm trucks under division (J)	17416
of section 4503.04 of the Revised Code.	17417

(JJ) "Gross vehicle weight," with regard to any commercial	17418
car, trailer, semitrailer, or bus that is taxed at the rates	17419
established under section 4503.042 or 4503.65 of the Revised Code,	17420
means the unladen weight of the vehicle fully equipped plus the	17421
maximum weight of the load to be carried on the vehicle.	17422

(KK) "Combined gross vehicle weight" with regard to any	17423
combination of a commercial car, trailer, and semitrailer, that is	17424
taxed at the rates established under section 4503.042 or 4503.65	17425
of the Revised Code, means the total unladen weight of the	17426
combination of vehicles fully equipped plus the maximum weight of	17427
the load to be carried on that combination of vehicles.	17428

(LL) "Chauffeured limousine" means a motor vehicle that is	17429
designed to carry nine or fewer passengers and is operated for	17430
hire on an hourly basis pursuant to a prearranged contract for the	17431
transportation of passengers on public roads and highways along a	17432
route under the control of the person hiring the vehicle and not	17433
over a defined and regular route. "Prearranged contract" means an	17434
agreement, made in advance of boarding, to provide transportation	17435
from a specific location in a chauffeured limousine at a fixed	17436
rate per hour or trip. "Chauffeured limousine" does not include	17437
any vehicle that is used exclusively in the business of funeral	17438
directing.	17439

(MM) "Manufactured home" has the same meaning as in division	17440
(C)(4) of section 3781.06 of the Revised Code.	17441

(NN) "Acquired situs," with respect to a manufactured home or	17442
a mobile home, means to become located in this state by the	17443
placement of the home on real property, but does not include the	17444
placement of a manufactured home or a mobile home in the inventory	17445
of a new motor vehicle dealer or the inventory of a manufacturer,	17446
remanufacturer, or distributor of manufactured or mobile homes.	17447

(OO) "Electronic" includes electrical, digital, magnetic,	17448
optical, electromagnetic, or any other form of technology that	17449
entails capabilities similar to these technologies.	17450

(PP) "Electronic record" means a record generated,	17451
communicated, received, or stored by electronic means for use in	17452
an information system or for transmission from one information	17453
system to another.	17454

(QQ) "Electronic signature" means a signature in electronic	17455
form attached to or logically associated with an electronic	17456
record.	17457

(RR) "Financial transaction device" has the same meaning as	17458
in division (A) of section 113.40 of the Revised Code.	17459

(SS) "Electronic motor vehicle dealer" means a motor vehicle	17460
dealer licensed under Chapter 4517. of the Revised Code whom the	17461
registrar of motor vehicles determines meets the criteria	17462
designated in section 4503.035 of the Revised Code for electronic	17463
motor vehicle dealers and designates as an electronic motor	17464
vehicle dealer under that section.	17465

(TT) "Electric personal assistive mobility device" means a	17466
self-balancing two non-tandem wheeled device that is designed to	17467
transport only one person, has an electric propulsion system of an	17468
average of seven hundred fifty watts, and when ridden on a paved	17469
level surface by an operator who weighs one hundred seventy pounds	17470
has a maximum speed of less than twenty miles per hour.	17471

(UU) "Limited driving privileges" means the privilege to	17472
operate a motor vehicle that a court grants under section 4510.021	17473
of the Revised Code to a person whose driver's or commercial	17474
driver's license or permit or nonresident operating privilege has	17475
been suspended.	17476

(VV) "Utility vehicle" means a self-propelled vehicle	17477
designed with a bed, principally for the purpose of transporting	17478
material or cargo in connection with construction, agricultural,	17479
forestry, grounds maintenance, lawn and garden, materials	17480
handling, or similar activities.	17481

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	17482
vehicle with an attainable speed in one mile on a paved level	17483
surface of more than twenty miles per hour but not more than	17484
twenty-five miles per hour and with a gross vehicle weight rating	17485
less than three thousand pounds.	17486

(XX) "Under-speed vehicle" means a three- or four-wheeled	17487
vehicle, including a vehicle commonly known as a golf cart, with	17488
an attainable speed on a paved level surface of not more than	17489
twenty miles per hour and with a gross vehicle weight rating less	17490
than three thousand pounds.	17491

(YY) "Motor-driven cycle or motor scooter" means any vehicle	17492
designed to travel on not more than three wheels in contact with	17493
the ground, with a seat for the driver and floor pad for the	17494
driver's feet, and is equipped with a motor with a piston	17495
displacement between fifty and one hundred fifty cubic centimeters	17496
piston displacement that produces not more than five brake	17497
horsepower and is capable of propelling the vehicle at a speed	17498
greater than twenty miles per hour on a level surface.	17499

(ZZ) "Motorcycle" means a motor vehicle with motive power	17500
having a seat or saddle for the use of the operator, designed to	17501
travel on not more than three wheels in contact with the ground,	17502
and having no occupant compartment top or occupant compartment top	17503
that can be installed or removed by the user.	17504

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	17505
motive power having a seat or saddle for the use of the operator,	17506
designed to travel on not more than three wheels in contact with	17507
the ground, and having an occupant compartment top or an occupant	17508
compartment top that can be installed or removed by the user.	17509

(BBB) "Mini-truck" means a vehicle that has four wheels, is	17510
propelled by an electric motor with a rated power of seven	17511
thousand five hundred watts or less or an internal combustion	17512
engine with a piston displacement capacity of six hundred sixty	17513
cubic centimeters or less, has a total dry weight of nine hundred	17514
to two thousand two hundred pounds, contains an enclosed cabin and	17515
a seat for the vehicle operator, resembles a pickup truck or van	17516
with a cargo area or bed located at the rear of the vehicle, and	17517
was not originally manufactured to meet federal motor vehicle	17518
safety standards.	17519

Sec. 4503.04. Except as provided in sections 4503.042 and	17520
4503.65 of the Revised Code for the registration of commercial	17521
cars, trailers, semitrailers, and certain buses, the rates of the	17522
taxes imposed by section 4503.02 of the Revised Code shall be as	17523
follows:	17524

(A)(1) For motor vehicles having three wheels or less, the	17525
license tax is:	17526

(a) For each motorized bicycle or moped, ten dollars;

17527

(b) For each motorcycle, cab-enclosed motorcycle,	17528
motor-driven cycle, or motor scooter, fourteen dollars.	17529

(2) For each low-speed, under-speed, and utility vehicle, and	17530
each mini-truck, ten dollars.	17531

(B) For each passenger car, twenty dollars;

17532

(C) For each manufactured home, each mobile home, and each	17533
travel trailer or house vehicle, ten dollars;	17534

(D) For each noncommercial motor vehicle designed by the	17535
manufacturer to carry a load of no more than three-quarters of one	17536
ton and for each motor home, thirty-five dollars; for each	17537
noncommercial motor vehicle designed by the manufacturer to carry	17538
a load of more than three-quarters of one ton, but not more than	17539
one ton, seventy dollars;	17540

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

17541

(1) Eighty-five cents for each one hundred pounds or part	17542
thereof for the first two thousand pounds or part thereof of	17543
weight of vehicle fully equipped;	17544

(2) One dollar and forty cents for each one hundred pounds or	17545
part thereof in excess of two thousand pounds up to and including	17546
ten thousand pounds.	17547

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

17548

(1) Vehicle equipped, owned, and used by a charitable or	17549
nonprofit corporation exclusively for the purpose of administering	17550
chest x-rays or receiving blood donations;	17551

(2) Van used principally for the transportation of	17552
handicapped persons that has been modified by being equipped with	17553
adaptive equipment to facilitate the movement of such persons into	17554
and out of the van;	17555

(3) Bus used principally for the transportation of	17556
handicapped persons or persons sixty-five years of age or older.	17557

(G) Notwithstanding its weight, twenty dollars for any bus	17558
used principally for the transportation of persons in a	17559
ridesharing arrangement.	17560

(H) For each transit bus having motor power the license tax	17561
is twelve dollars.	17562

"Transit bus" means either a motor vehicle having a seating	17563
capacity of more than seven persons which is operated and used by	17564
any person in the rendition of a public mass transportation	17565
service primarily in a municipal corporation or municipal	17566
corporations and provided at least seventy-five per cent of the	17567
annual mileage of such service and use is within such municipal	17568
corporation or municipal corporations or a motor vehicle having a	17569
seating capacity of more than seven persons which is operated	17570
solely for the transportation of persons associated with a	17571
charitable or nonprofit corporation, but does not mean any motor	17572
vehicle having a seating capacity of more than seven persons when	17573
such vehicle is used in a ridesharing capacity or any bus	17574
described by division (F)(3) of this section.	17575

The application for registration of such transit bus shall be	17576
accompanied by an affidavit prescribed by the registrar of motor	17577
vehicles and signed by the person or an agent of the firm or	17578
corporation operating such bus stating that the bus has a seating	17579
capacity of more than seven persons, and that it is either to be	17580
operated and used in the rendition of a public mass transportation	17581
service and that at least seventy-five per cent of the annual	17582
mileage of such operation and use shall be within one or more	17583
municipal corporations or that it is to be operated solely for the	17584
transportation of persons associated with a charitable or	17585
nonprofit corporation.	17586

The form of the license plate, and the manner of its	17587
attachment to the vehicle, shall be prescribed by the registrar of	17588
motor vehicles.	17589

(I) Except as otherwise provided in division (A) or (J) of	17590
this section, the minimum tax for any vehicle having motor power	17591
is ten dollars and eighty cents, and for each noncommercial	17592
trailer, five dollars.	17593

(J)(1) Except as otherwise provided in division (J) of this	17594
section, for each farm truck, except a noncommercial motor	17595
vehicle, that is owned, controlled, or operated by one or more	17596
farmers exclusively in farm use as defined in this section, and	17597
not for commercial purposes, and provided that at least	17598
seventy-five per cent of such farm use is by or for the one or	17599
more owners, controllers, or operators of the farm in the	17600
operation of which a farm truck is used, the license tax is five	17601
dollars plus:	17602

(a) Fifty cents per one hundred pounds or part thereof for	17603
the first three thousand pounds;	17604

(b) Seventy cents per one hundred pounds or part thereof in	17605
excess of three thousand pounds up to and including four thousand	17606
pounds;	17607

(c) Ninety cents per one hundred pounds or part thereof in	17608
excess of four thousand pounds up to and including six thousand	17609
pounds;	17610

(d) Two dollars for each one hundred pounds or part thereof	17611
in excess of six thousand pounds up to and including ten thousand	17612
pounds;	17613

(e) Two dollars and twenty-five cents for each one hundred	17614
pounds or part thereof in excess of ten thousand pounds;	17615

(f) The minimum license tax for any farm truck shall be	17616
twelve dollars.	17617

(2) The owner of a farm truck may register the truck for a	17618
period of one-half year by paying one-half the registration tax	17619
imposed on the truck under this chapter and one-half the amount of	17620
any tax imposed on the truck under Chapter 4504. of the Revised	17621
Code.	17622

(3) A farm bus may be registered for a period of ~~ninety~~two	17623
hundred ten days from the date of issue of the license plates for	17624
the bus, for a fee of ten dollars, provided such license plates	17625
shall not be issued for more than ~~any two ninety-day periods~~one	17626
such period in any calendar year. Such use does not include the	17627
operation of trucks by commercial processors of agricultural	17628
products.	17629

(4) License plates for farm trucks and for farm buses shall	17630
have some distinguishing marks, letters, colors, or other	17631
characteristics to be determined by the director of public safety.	17632

(5) Every person registering a farm truck or bus under this	17633
section shall furnish an affidavit certifying that the truck or	17634
bus licensed to that person is to be so used as to meet the	17635
requirements necessary for the farm truck or farm bus	17636
classification.	17637

Any farmer may use a truck owned by the farmer for commercial	17638
purposes by paying the difference between the commercial truck	17639
registration fee and the farm truck registration fee for the	17640
remaining part of the registration period for which the truck is	17641
registered. Such remainder shall be calculated from the beginning	17642
of the semiannual period in which application for such commercial	17643
license is made.	17644

Taxes at the rates provided in this section are in lieu of	17645
all taxes on or with respect to the ownership of such motor	17646
vehicles, except as provided in section 4503.042 and section	17647
4503.06 of the Revised Code.	17648

(K) Other than trucks registered under the international	17649
registration plan in another jurisdiction and for which this state	17650
has received an apportioned registration fee, the license tax for	17651
each truck which is owned, controlled, or operated by a	17652
nonresident, and licensed in another state, and which is used	17653
exclusively for the transportation of nonprocessed agricultural	17654
products intrastate, from the place of production to the place of	17655
processing, is twenty-four dollars.	17656

"Truck," as used in this division, means any pickup truck,	17657
straight truck, semitrailer, or trailer other than a travel	17658
trailer. Nonprocessed agricultural products, as used in this	17659
division, does not include livestock or grain.	17660

A license issued under this division shall be issued for a	17661
period of one hundred thirty days in the same manner in which all	17662
other licenses are issued under this section, provided that no	17663
truck shall be so licensed for more than one	17664
one-hundred-thirty-day period during any calendar year.	17665

The license issued pursuant to this division shall consist of	17666
a windshield decal to be designed by the director of public	17667
safety.	17668

Every person registering a truck under this division shall	17669
furnish an affidavit certifying that the truck licensed to the	17670
person is to be used exclusively for the purposes specified in	17671
this division.	17672

(L) Every person registering a motor vehicle as a	17673
noncommercial motor vehicle as defined in section 4501.01 of the	17674
Revised Code, or registering a trailer as a noncommercial trailer	17675
as defined in that section, shall furnish an affidavit certifying	17676
that the motor vehicle or trailer so licensed to the person is to	17677
be so used as to meet the requirements necessary for the	17678
noncommercial vehicle classification.	17679

(M) Every person registering a van or bus as provided in	17680
divisions (F)(2) and (3) of this section shall furnish a notarized	17681
statement certifying that the van or bus licensed to the person is	17682
to be used for the purposes specified in those divisions. The form	17683
of the license plate issued for such motor vehicles shall be	17684
prescribed by the registrar.	17685

(N) Every person registering as a passenger car a motor	17686
vehicle designed and used for carrying more than nine but not more	17687
than fifteen passengers, and every person registering a bus as	17688
provided in division (G) of this section, shall furnish an	17689
affidavit certifying that the vehicle so licensed to the person is	17690
to be used in a ridesharing arrangement and that the person will	17691
have in effect whenever the vehicle is used in a ridesharing	17692
arrangement a policy of liability insurance with respect to the	17693
motor vehicle in amounts and coverages no less than those required	17694
by section 4509.79 of the Revised Code. The form of the license	17695
plate issued for such a motor vehicle shall be prescribed by the	17696
registrar.	17697

(O)(1) Commencing on October 1, 2009, if an application for	17698
registration renewal is not applied for prior to the expiration	17699
date of the registration or within ~~seven~~thirty days after that	17700
date, the registrar or deputy registrar shall collect a fee of	17701
~~twenty~~ten dollars for the issuance of the vehicle registration.	17702
For any motor vehicle that is used on a seasonal basis, whether	17703
used for general transportation or not, and that has not been used	17704
on the public roads or highways since the expiration of the	17705
registration, the registrar or deputy registrar shall waive the	17706
fee established under this division if the application is	17707
accompanied by supporting evidence of seasonal use as the	17708
registrar may require. The registrar or deputy registrar may waive	17709
the fee for other good cause shown if the application is	17710
accompanied by supporting evidence as the registrar may require.	17711
The fee shall be in addition to all other fees established by this	17712
section. A deputy registrar shall retain fifty cents of the fee	17713
and shall transmit the remaining amount to the registrar at the	17714
time and in the manner provided by section 4503.10 of the Revised	17715
Code. The registrar shall deposit all moneys received under this	17716
division into the state highway safety fund established in section	17717
4501.06 of the Revised Code.	17718

(2) Division (O)(1) of this section does not apply to a farm	17719
truck or farm bus registered under division (J) of this section.	17720

(P) As used in this section:

17721

(1) "Van" means any motor vehicle having a single rear axle	17722
and an enclosed body without a second seat.	17723

(2) "Handicapped person" means any person who has lost the	17724
use of one or both legs, or one or both arms, or is blind, deaf,	17725
or so severely disabled as to be unable to move about without the	17726
aid of crutches or a wheelchair.	17727

(3) "Farm truck" means a truck used in the transportation	17728
from the farm of products of the farm, including livestock and its	17729
products, poultry and its products, floricultural and	17730
horticultural products, and in the transportation to the farm of	17731
supplies for the farm, including tile, fence, and every other	17732
thing or commodity used in agricultural, floricultural,	17733
horticultural, livestock, and poultry production and livestock,	17734
poultry, and other animals and things used for breeding, feeding,	17735
or other purposes connected with the operation of the farm.	17736

(4) "Farm bus" means a bus used only for the transportation	17737
of agricultural employees and used only in the transportation of	17738
such employees as are necessary in the operation of the farm.	17739

(5) "Farm supplies" includes fuel used exclusively in the	17740
operation of a farm, including one or more homes located on and	17741
used in the operation of one or more farms, and furniture and	17742
other things used in and around such homes.	17743

Sec. 4503.22. The identification license plate shall consist	17744
of a placard upon the face of which shall appear the distinctive	17745
number assigned to the motor vehicle as provided in section	17746
4503.19 of the Revised Code, in Arabic numerals or letters, or	17747
both. The dimensions of the numerals or letters and of each stroke	17748
shall be determined by the director of public safety. The license	17749
placard also shall contain the name of this state and the slogan	17750
"BIRTHPLACE OF AVIATION." The placard ~~shall~~may be made of steel,	17751
aluminum, plastic, or any other suitable material, and the	17752
background shall be treated with a reflective material that shall	17753
provide effective and dependable reflective brightness during the	17754
service period required of the placard. Specifications for the	17755
reflective and other materials and the design of the placard, the	17756
county identification stickers as provided by section 4503.19 of	17757
the Revised Code, and validation stickers as provided by section	17758
4503.191 of the Revised Code, shall be adopted by the director as	17759
rules under sections 119.01 to 119.13 of the Revised Code. The	17760
identification license plate of motorized bicycles or mopeds,	17761
motor-driven cycles or motor scooters, cab-enclosed motorcycles,	17762
and motorcycles shall consist of a single placard, the size of	17763
which shall be prescribed by the director. The identification	17764
plate of a vehicle registered in accordance with the international	17765
registration plan shall contain the word "apportioned." The	17766
director may prescribe the type of placard, or means of fastening	17767
the placard, or both; the placard or means of fastening may be so	17768
designed and constructed as to render difficult the removal of the	17769
placard after it has been fastened to a motor vehicle.	17770

Sec. 4507.05. (A) The registrar of motor vehicles, or a	17771
deputy registrar, upon receiving an application for a temporary	17772
instruction permit and a temporary instruction permit	17773
identification card for a driver's license from any person who is	17774
at least fifteen years six months of age, may issue such a permit	17775
and identification card entitling the applicant to drive a motor	17776
vehicle, other than a commercial motor vehicle, upon the highways	17777
under the following conditions:	17778

(1) If the permit is issued to a person who is at least	17779
fifteen years six months of age, but less than sixteen years of	17780
age:	17781

(a) The permit and identification card are in the holder's	17782
immediate possession;	17783

(b) The holder is accompanied by an eligible adult who	17784
actually occupies the seat beside the permit holder and does not	17785
have a prohibited concentration of alcohol in the whole blood,	17786
blood serum or plasma, breath, or urine as provided in division	17787
(A) of section 4511.19 of the Revised Code;	17788

(c) The total number of occupants of the vehicle does not	17789
exceed the total number of occupant restraining devices originally	17790
installed in the motor vehicle by its manufacturer, and each	17791
occupant of the vehicle is wearing all of the available elements	17792
of a properly adjusted occupant restraining device.	17793

(2) If the permit is issued to a person who is at least	17794
sixteen years of age:	17795

(a) The permit and identification card are in the holder's	17796
immediate possession;	17797

(b) The holder is accompanied by a licensed operator who is	17798
at least twenty-one years of age, is actually occupying a seat	17799
beside the driver, and does not have a prohibited concentration of	17800
alcohol in the whole blood, blood serum or plasma, breath, or	17801
urine as provided in division (A) of section 4511.19 of the	17802
Revised Code;	17803

(c) The total number of occupants of the vehicle does not	17804
exceed the total number of occupant restraining devices originally	17805
installed in the motor vehicle by its manufacturer, and each	17806
occupant of the vehicle is wearing all of the available elements	17807
of a properly adjusted occupant restraining device.	17808

(B) The registrar or a deputy registrar, upon receiving from	17809
any person an application for a temporary instruction permit and	17810
temporary instruction permit identification card to operate a	17811
motorcycle, motor-driven cycle or motor scooter, or motorized	17812
bicycle, may issue such a permit and identification card entitling	17813
the applicant, while having the permit and identification card in	17814
the applicant's immediate possession, to drive a motorcycle or	17815
motor-driven cycle or motor scooter, under the restrictions	17816
prescribed in section 4511.53 of the Revised Code, or to drive a	17817
motorized bicycle under restrictions determined by the registrar.	17818
A temporary instruction permit and temporary instruction permit	17819
identification card to operate a motorized bicycle may be issued	17820
to a person fourteen or fifteen years old.	17821

(C) Any permit and identification card issued under this	17822
section shall be issued in the same manner as a driver's license,	17823
upon a form to be furnished by the registrar. A temporary	17824
instruction permit to drive a motor vehicle other than a	17825
commercial motor vehicle shall be valid for a period of one year.	17826

(D) Any person having in the person's possession a valid and	17827
current driver's license or motorcycle operator's license or	17828
endorsement issued to the person by another jurisdiction	17829
recognized by this state is exempt from obtaining a temporary	17830
instruction permit for a driver's license~~, but shall submit~~and	17831
from submitting to the examination for a temporary instruction	17832
permit and the regular examination infor obtaining a driver's	17833
license or motorcycle operator's endorsement in this state if the	17834
person does all of the following:	17835

(1) Submits to and passes vision screening as provided in	17836
section 4507.12 of the Revised Code;	17837

(2) Surrenders to the registrar or deputy registrar the	17838
person's driver's license issued by the other jurisdiction; and	17839

(3) Complies with all other applicable requirements for	17840
issuance by this state of a driver's license, driver's license	17841
with a motorcycle operator's endorsement, or restricted license to	17842
operate a motorcycle.	17843

If the person does not comply with all the requirements of	17844
this division, the person shall submit to the regular examination	17845
for obtaining a driver's license or motorcycle operator's	17846
endorsement in this state in order to obtain such a license or	17847
endorsement.	17848

(E) The registrar may adopt rules governing the use of	17849
temporary instruction permits and temporary instruction permit	17850
identification cards.	17851

(F)(1) No holder of a permit issued under division (A) of	17852
this section shall operate a motor vehicle upon a highway or any	17853
public or private property used by the public for purposes of	17854
vehicular travel or parking in violation of the conditions	17855
established under division (A) of this section.	17856

(2) Except as provided in division (F)(2) of this section, no	17857
holder of a permit that is issued under division (A) of this	17858
section and that is issued on or after July 1, 1998, and who has	17859
not attained the age of eighteen years, shall operate a motor	17860
vehicle upon a highway or any public or private property used by	17861
the public for purposes of vehicular travel or parking between the	17862
hours of midnight and six a.m.	17863

The holder of a permit issued under division (A) of this	17864
section on or after July 1, 1998, who has not attained the age of	17865
eighteen years, may operate a motor vehicle upon a highway or any	17866
public or private property used by the public for purposes of	17867
vehicular travel or parking between the hours of midnight and six	17868
a.m. if, at the time of such operation, the holder is accompanied	17869
by the holder's parent, guardian, or custodian, and the parent,	17870
guardian, or custodian holds a current valid driver's or	17871
commercial driver's license issued by this state, is actually	17872
occupying a seat beside the permit holder, and does not have a	17873
prohibited concentration of alcohol in the whole blood, blood	17874
serum or plasma, breath, or urine as provided in division (A) of	17875
section 4511.19 of the Revised Code.	17876

(G)(1) Notwithstanding any other provision of law to the	17877
contrary, no law enforcement officer shall cause the operator of a	17878
motor vehicle being operated on any street or highway to stop the	17879
motor vehicle for the sole purpose of determining whether each	17880
occupant of the motor vehicle is wearing all of the available	17881
elements of a properly adjusted occupant restraining device as	17882
required by division (A) of this section, or for the sole purpose	17883
of issuing a ticket, citation, or summons if the requirement in	17884
that division has been or is being violated, or for causing the	17885
arrest of or commencing a prosecution of a person for a violation	17886
of that requirement.	17887

(2) Notwithstanding any other provision of law to the	17888
contrary, no law enforcement officer shall cause the operator of a	17889
motor vehicle being operated on any street or highway to stop the	17890
motor vehicle for the sole purpose of determining whether a	17891
violation of division (F)(2) of this section has been or is being	17892
committed or for the sole purpose of issuing a ticket, citation,	17893
or summons for such a violation or for causing the arrest of or	17894
commencing a prosecution of a person for such violation.	17895

(H) As used in this section:

17896

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

17897

(a) An instructor of a driver training course approved by the	17898
department of public safety;	17899

(b) Any of the following persons who holds a current valid	17900
driver's or commercial driver's license issued by this state:	17901

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

17902

(ii) A person twenty-one years of age or older who acts in	17903
loco parentis of the permit holder.	17904

(2) "Occupant restraining device" has the same meaning as in	17905
section 4513.263 of the Revised Code.	17906

(I) Whoever violates division (F)(1) or (2) of this section	17907
is guilty of a minor misdemeanor.	17908

Sec. 4511.01. As used in this chapter and in Chapter 4513.	17909
of the Revised Code:	17910

(A) "Vehicle" means every device, including a motorized	17911
bicycle, in, upon, or by which any person or property may be	17912
transported or drawn upon a highway, except that "vehicle" does	17913
not include any motorized wheelchair, any electric personal	17914
assistive mobility device, any device that is moved by power	17915
collected from overhead electric trolley wires or that is used	17916
exclusively upon stationary rails or tracks, or any device, other	17917
than a bicycle, that is moved by human power.	17918

(B) "Motor vehicle" means every vehicle propelled or drawn by	17919
power other than muscular power or power collected from overhead	17920
electric trolley wires, except motorized bicycles, road rollers,	17921
traction engines, power shovels, power cranes, and other equipment	17922
used in construction work and not designed for or employed in	17923
general highway transportation, hole-digging machinery,	17924
well-drilling machinery, ditch-digging machinery, farm machinery,	17925
and trailers designed and used exclusively to transport a boat	17926
between a place of storage and a marina, or in and around a	17927
marina, when drawn or towed on a street or highway for a distance	17928
of no more than ten miles and at a speed of twenty-five miles per	17929
hour or less.	17930

(C) "Motorcycle" means every motor vehicle, other than a	17931
tractor, having a seat or saddle for the use of the operator and	17932
designed to travel on not more than three wheels in contact with	17933
the ground, including, but not limited to, motor vehicles known as	17934
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"	17935
or "motorcycle" without regard to weight or brake horsepower.	17936

(D) "Emergency vehicle" means emergency vehicles of	17937
municipal, township, or county departments or public utility	17938
corporations when identified as such as required by law, the	17939
director of public safety, or local authorities, and motor	17940
vehicles when commandeered by a police officer.	17941

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

17942

(1) Ambulances, including private ambulance companies under	17943
contract to a municipal corporation, township, or county, and	17944
private ambulances and nontransport vehicles bearing license	17945
plates issued under section 4503.49 of the Revised Code;	17946

(2) Motor vehicles used by public law enforcement officers or	17947
other persons sworn to enforce the criminal and traffic laws of	17948
the state;	17949

(3) Any motor vehicle when properly identified as required by	17950
the director of public safety, when used in response to fire	17951
emergency calls or to provide emergency medical service to ill or	17952
injured persons, and when operated by a duly qualified person who	17953
is a member of a volunteer rescue service or a volunteer fire	17954
department, and who is on duty pursuant to the rules or directives	17955
of that service. The state fire marshal shall be designated by the	17956
director of public safety as the certifying agency for all public	17957
safety vehicles described in division (E)(3) of this section.	17958

(4) Vehicles used by fire departments, including motor	17959
vehicles when used by volunteer fire fighters responding to	17960
emergency calls in the fire department service when identified as	17961
required by the director of public safety.	17962

Any vehicle used to transport or provide emergency medical	17963
service to an ill or injured person, when certified as a public	17964
safety vehicle, shall be considered a public safety vehicle when	17965
transporting an ill or injured person to a hospital regardless of	17966
whether such vehicle has already passed a hospital.	17967

(5) Vehicles used by the motor carrier enforcement unit for	17968
the enforcement of orders and rules of the public utilities	17969
commission as specified in section 5503.34 of the Revised Code.	17970

(F) "School bus" means every bus designed for carrying more	17971
than nine passengers that is owned by a public, private, or	17972
governmental agency or institution of learning and operated for	17973
the transportation of children to or from a school session or a	17974
school function, or owned by a private person and operated for	17975
compensation for the transportation of children to or from a	17976
school session or a school function, provided "school bus" does	17977
not include a bus operated by a municipally owned transportation	17978
system, a mass transit company operating exclusively within the	17979
territorial limits of a municipal corporation, or within such	17980
limits and the territorial limits of municipal corporations	17981
immediately contiguous to such municipal corporation, nor a common	17982
passenger carrier certified by the public utilities commission	17983
unless such bus is devoted exclusively to the transportation of	17984
children to and from a school session or a school function, and	17985
"school bus" does not include a van or bus used by a licensed	17986
child day-care center or type A family day-care home to transport	17987
children from the child day-care center or type A family day-care	17988
home to a school if the van or bus does not have more than fifteen	17989
children in the van or bus at any time.	17990

(G) "Bicycle" means every device, other than a ~~tricycle~~	17991
device that is designed solely for use as a play vehicle by a	17992
child, that is propelled solely by human power upon which ~~any~~a	17993
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	17994
~~or one wheel in the front and two wheels in the rear, or two~~	17995
~~wheels in the front and one wheel in the rear,~~ any of which is	17996
more than fourteen inches in diameter.	17997

(H) "Motorized bicycle" or "moped" means any vehicle having	17998
either two tandem wheels or one wheel in the front and two wheels	17999
in the rear, that may be pedaled, and that is equipped with a	18000
helper motor of not more than fifty cubic centimeters piston	18001
displacement that produces no more than one brake horsepower and	18002
is capable of propelling the vehicle at a speed of no greater than	18003
twenty miles per hour on a level surface.	18004

(I) "Commercial tractor" means every motor vehicle having	18005
motive power designed or used for drawing other vehicles and not	18006
so constructed as to carry any load thereon, or designed or used	18007
for drawing other vehicles while carrying a portion of such other	18008
vehicles, or load thereon, or both.	18009

(J) "Agricultural tractor" means every self-propelling	18010
vehicle designed or used for drawing other vehicles or wheeled	18011
machinery but having no provision for carrying loads independently	18012
of such other vehicles, and used principally for agricultural	18013
purposes.	18014

(K) "Truck" means every motor vehicle, except trailers and	18015
semitrailers, designed and used to carry property.	18016

(L) "Bus" means every motor vehicle designed for carrying	18017
more than nine passengers and used for the transportation of	18018
persons other than in a ridesharing arrangement, and every motor	18019
vehicle, automobile for hire, or funeral car, other than a taxicab	18020
or motor vehicle used in a ridesharing arrangement, designed and	18021
used for the transportation of persons for compensation.	18022

(M) "Trailer" means every vehicle designed or used for	18023
carrying persons or property wholly on its own structure and for	18024
being drawn by a motor vehicle, including any such vehicle when	18025
formed by or operated as a combination of a "semitrailer" and a	18026
vehicle of the dolly type, such as that commonly known as a	18027
"trailer dolly," a vehicle used to transport agricultural produce	18028
or agricultural production materials between a local place of	18029
storage or supply and the farm when drawn or towed on a street or	18030
highway at a speed greater than twenty-five miles per hour, and a	18031
vehicle designed and used exclusively to transport a boat between	18032
a place of storage and a marina, or in and around a marina, when	18033
drawn or towed on a street or highway for a distance of more than	18034
ten miles or at a speed of more than twenty-five miles per hour.	18035

(N) "Semitrailer" means every vehicle designed or used for	18036
carrying persons or property with another and separate motor	18037
vehicle so that in operation a part of its own weight or that of	18038
its load, or both, rests upon and is carried by another vehicle.	18039

(O) "Pole trailer" means every trailer or semitrailer	18040
attached to the towing vehicle by means of a reach, pole, or by	18041
being boomed or otherwise secured to the towing vehicle, and	18042
ordinarily used for transporting long or irregular shaped loads	18043
such as poles, pipes, or structural members capable, generally, of	18044
sustaining themselves as beams between the supporting connections.	18045

(P) "Railroad" means a carrier of persons or property	18046
operating upon rails placed principally on a private right-of-way.	18047

(Q) "Railroad train" means a steam engine or an electric or	18048
other motor, with or without cars coupled thereto, operated by a	18049
railroad.	18050

(R) "Streetcar" means a car, other than a railroad train, for	18051
transporting persons or property, operated upon rails principally	18052
within a street or highway.	18053

(S) "Trackless trolley" means every car that collects its	18054
power from overhead electric trolley wires and that is not	18055
operated upon rails or tracks.	18056

(T) "Explosives" means any chemical compound or mechanical	18057
mixture that is intended for the purpose of producing an explosion	18058
that contains any oxidizing and combustible units or other	18059
ingredients in such proportions, quantities, or packing that an	18060
ignition by fire, by friction, by concussion, by percussion, or by	18061
a detonator of any part of the compound or mixture may cause such	18062
a sudden generation of highly heated gases that the resultant	18063
gaseous pressures are capable of producing destructive effects on	18064
contiguous objects, or of destroying life or limb. Manufactured	18065
articles shall not be held to be explosives when the individual	18066
units contain explosives in such limited quantities, of such	18067
nature, or in such packing, that it is impossible to procure a	18068
simultaneous or a destructive explosion of such units, to the	18069
injury of life, limb, or property by fire, by friction, by	18070
concussion, by percussion, or by a detonator, such as fixed	18071
ammunition for small arms, firecrackers, or safety fuse matches.	18072

(U) "Flammable liquid" means any liquid that has a flash	18073
point of seventy degrees fahrenheit, or less, as determined by a	18074
tagliabue or equivalent closed cup test device.	18075

(V) "Gross weight" means the weight of a vehicle plus the	18076
weight of any load thereon.	18077

(W) "Person" means every natural person, firm,	18078
co-partnership, association, or corporation.	18079

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

18080

(Y) "Driver or operator" means every person who drives or is	18081
in actual physical control of a vehicle, trackless trolley, or	18082
streetcar.	18083

(Z) "Police officer" means every officer authorized to direct	18084
or regulate traffic, or to make arrests for violations of traffic	18085
regulations.	18086

(AA) "Local authorities" means every county, municipal, and	18087
other local board or body having authority to adopt police	18088
regulations under the constitution and laws of this state.	18089

(BB) "Street" or "highway" means the entire width between the	18090
boundary lines of every way open to the use of the public as a	18091
thoroughfare for purposes of vehicular travel.	18092

(CC) "Controlled-access highway" means every street or	18093
highway in respect to which owners or occupants of abutting lands	18094
and other persons have no legal right of access to or from the	18095
same except at such points only and in such manner as may be	18096
determined by the public authority having jurisdiction over such	18097
street or highway.	18098

(DD) "Private road or driveway" means every way or place in	18099
private ownership used for vehicular travel by the owner and those	18100
having express or implied permission from the owner but not by	18101
other persons.	18102

(EE) "Roadway" means that portion of a highway improved,	18103
designed, or ordinarily used for vehicular travel, except the berm	18104
or shoulder. If a highway includes two or more separate roadways	18105
the term "roadway" means any such roadway separately but not all	18106
such roadways collectively.	18107

(FF) "Sidewalk" means that portion of a street between the	18108
curb lines, or the lateral lines of a roadway, and the adjacent	18109
property lines, intended for the use of pedestrians.	18110

(GG) "Laned highway" means a highway the roadway of which is	18111
divided into two or more clearly marked lanes for vehicular	18112
traffic.	18113

(HH) "Through highway" means every street or highway as	18114
provided in section 4511.65 of the Revised Code.	18115

(II) "State highway" means a highway under the jurisdiction	18116
of the department of transportation, outside the limits of	18117
municipal corporations, provided that the authority conferred upon	18118
the director of transportation in section 5511.01 of the Revised	18119
Code to erect state highway route markers and signs directing	18120
traffic shall not be modified by sections 4511.01 to 4511.79 and	18121
4511.99 of the Revised Code.	18122

(JJ) "State route" means every highway that is designated	18123
with an official state route number and so marked.	18124

(KK) "Intersection" means:

18125

(1) The area embraced within the prolongation or connection	18126
of the lateral curb lines, or, if none, the lateral boundary lines	18127
of the roadways of two highways that join one another at, or	18128
approximately at, right angles, or the area within which vehicles	18129
traveling upon different highways that join at any other angle	18130
might come into conflict. The junction of an alley or driveway	18131
with a roadway or highway does not constitute an intersection	18132
unless the roadway or highway at the junction is controlled by a	18133
traffic control device.	18134

(2) If a highway includes two roadways that are thirty feet	18135
or more apart, then every crossing of each roadway of such divided	18136
highway by an intersecting highway constitutes a separate	18137
intersection. If both intersecting highways include two roadways	18138
thirty feet or more apart, then every crossing of any two roadways	18139
of such highways constitutes a separate intersection.	18140

(3) At a location controlled by a traffic control signal,	18141
regardless of the distance between the separate intersections as	18142
described in division (KK)(2) of this section:	18143

(a) If a stop line, yield line, or crosswalk has not been	18144
designated on the roadway within the median between the separate	18145
intersections, the two intersections and the roadway and median	18146
constitute one intersection.	18147

(b) Where a stop line, yield line, or crosswalk line is	18148
designated on the roadway on the intersection approach, the area	18149
within the crosswalk and any area beyond the designated stop line	18150
or yield line constitute part of the intersection.	18151

(c) Where a crosswalk is designated on a roadway on the	18152
departure from the intersection, the intersection includes the	18153
area that extends to the far side of the crosswalk.	18154

(LL) "Crosswalk" means:

18155

(1) That part of a roadway at intersections ordinarily	18156
included within the real or projected prolongation of property	18157
lines and curb lines or, in the absence of curbs, the edges of the	18158
traversable roadway;	18159

(2) Any portion of a roadway at an intersection or elsewhere,	18160
distinctly indicated for pedestrian crossing by lines or other	18161
markings on the surface;	18162

(3) Notwithstanding divisions (LL)(1) and (2) of this	18163
section, there shall not be a crosswalk where local authorities	18164
have placed signs indicating no crossing.	18165

(MM) "Safety zone" means the area or space officially set	18166
apart within a roadway for the exclusive use of pedestrians and	18167
protected or marked or indicated by adequate signs as to be	18168
plainly visible at all times.	18169

(NN) "Business district" means the territory fronting upon a	18170
street or highway, including the street or highway, between	18171
successive intersections within municipal corporations where fifty	18172
per cent or more of the frontage between such successive	18173
intersections is occupied by buildings in use for business, or	18174
within or outside municipal corporations where fifty per cent or	18175
more of the frontage for a distance of three hundred feet or more	18176
is occupied by buildings in use for business, and the character of	18177
such territory is indicated by official traffic control devices.	18178

(OO) "Residence district" means the territory, not comprising	18179
a business district, fronting on a street or highway, including	18180
the street or highway, where, for a distance of three hundred feet	18181
or more, the frontage is improved with residences or residences	18182
and buildings in use for business.	18183

(PP) "Urban district" means the territory contiguous to and	18184
including any street or highway which is built up with structures	18185
devoted to business, industry, or dwelling houses situated at	18186
intervals of less than one hundred feet for a distance of a	18187
quarter of a mile or more, and the character of such territory is	18188
indicated by official traffic control devices.	18189

(QQ) "Traffic control device" means a flagger, sign, signal,	18190
marking, or other device used to regulate, warn, or guide traffic,	18191
placed on, over, or adjacent to a street, highway, private road	18192
open to public travel, pedestrian facility, or shared-use path by	18193
authority of a public agency or official having jurisdiction, or,	18194
in the case of a private road open to public travel, by authority	18195
of the private owner or private official having jurisdiction.	18196

(RR) "Traffic control signal" means any highway traffic	18197
signal by which traffic is alternately directed to stop and	18198
permitted to proceed.	18199

(SS) "Railroad sign or signal" means any sign, signal, or	18200
device erected by authority of a public body or official or by a	18201
railroad and intended to give notice of the presence of railroad	18202
tracks or the approach of a railroad train.	18203

(TT) "Traffic" means pedestrians, ridden or herded animals,	18204
vehicles, streetcars, trackless trolleys, and other devices,	18205
either singly or together, while using for purposes of travel any	18206
highway or private road open to public travel.	18207

(UU) "Right-of-way" means either of the following, as the	18208
context requires:	18209

(1) The right of a vehicle, streetcar, trackless trolley, or	18210
pedestrian to proceed uninterruptedly in a lawful manner in the	18211
direction in which it or the individual is moving in preference to	18212
another vehicle, streetcar, trackless trolley, or pedestrian	18213
approaching from a different direction into its or the	18214
individual's path;	18215

(2) A general term denoting land, property, or the interest	18216
therein, usually in the configuration of a strip, acquired for or	18217
devoted to transportation purposes. When used in this context,	18218
right-of-way includes the roadway, shoulders or berm, ditch, and	18219
slopes extending to the right-of-way limits under the control of	18220
the state or local authority.	18221

(VV) "Rural mail delivery vehicle" means every vehicle used	18222
to deliver United States mail on a rural mail delivery route.	18223

(WW) "Funeral escort vehicle" means any motor vehicle,	18224
including a funeral hearse, while used to facilitate the movement	18225
of a funeral procession.	18226

(XX) "Alley" means a street or highway intended to provide	18227
access to the rear or side of lots or buildings in urban districts	18228
and not intended for the purpose of through vehicular traffic, and	18229
includes any street or highway that has been declared an "alley"	18230
by the legislative authority of the municipal corporation in which	18231
such street or highway is located.	18232

(YY) "Freeway" means a divided multi-lane highway for through	18233
traffic with all crossroads separated in grade and with full	18234
control of access.	18235

(ZZ) "Expressway" means a divided arterial highway for	18236
through traffic with full or partial control of access with an	18237
excess of fifty per cent of all crossroads separated in grade.	18238

(AAA) "Thruway" means a through highway whose entire roadway	18239
is reserved for through traffic and on which roadway parking is	18240
prohibited.	18241

(BBB) "Stop intersection" means any intersection at one or	18242
more entrances of which stop signs are erected.	18243

(CCC) "Arterial street" means any United States or state	18244
numbered route, controlled access highway, or other major radial	18245
or circumferential street or highway designated by local	18246
authorities within their respective jurisdictions as part of a	18247
major arterial system of streets or highways.	18248

(DDD) "Ridesharing arrangement" means the transportation of	18249
persons in a motor vehicle where such transportation is incidental	18250
to another purpose of a volunteer driver and includes ridesharing	18251
arrangements known as carpools, vanpools, and buspools.	18252

(EEE) "Motorized wheelchair" means any self-propelled vehicle	18253
designed for, and used by, a handicapped person and that is	18254
incapable of a speed in excess of eight miles per hour.	18255

(FFF) "Child day-care center" and "type A family day-care	18256
home" have the same meanings as in section 5104.01 of the Revised	18257
Code.	18258

(GGG) "Multi-wheel agricultural tractor" means a type of	18259
agricultural tractor that has two or more wheels or tires on each	18260
side of one axle at the rear of the tractor, is designed or used	18261
for drawing other vehicles or wheeled machinery, has no provision	18262
for carrying loads independently of the drawn vehicles or	18263
machinery, and is used principally for agricultural purposes.	18264

(HHH) "Operate" means to cause or have caused movement of a	18265
vehicle, streetcar, or trackless trolley.	18266

(III) "Predicate motor vehicle or traffic offense" means any	18267
of the following:	18268

(1) A violation of section 4511.03, 4511.051, 4511.12,	18269
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	18270
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,	18271
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,	18272
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,	18273
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,	18274
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,	18275
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,	18276
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,	18277
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,	18278
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised	18279
Code;	18280

(2) A violation of division (A)(2) of section 4511.17,	18281
divisions (A) to (D) of section 4511.51, or division (A) of	18282
section 4511.74 of the Revised Code;	18283

(3) A violation of any provision of sections 4511.01 to	18284
4511.76 of the Revised Code for which no penalty otherwise is	18285
provided in the section that contains the provision violated;	18286

(4) A violation of a municipal ordinance that is	18287
substantially similar to any section or provision set forth or	18288
described in division (III)(1), (2), or (3) of this section.	18289

(JJJ) "Road service vehicle" means wreckers, utility repair	18290
vehicles, and state, county, and municipal service vehicles	18291
equipped with visual signals by means of flashing, rotating, or	18292
oscillating lights.	18293

(KKK) "Beacon" means a highway traffic signal with one or	18294
more signal sections that operate in a flashing mode.	18295

(LLL) "Hybrid beacon" means a type of beacon that is	18296
intentionally placed in a dark mode between periods of operation	18297
where no indications are displayed and, when in operation,	18298
displays both steady and flashing traffic control signal	18299
indications.	18300

(MMM) "Highway traffic signal" means a power-operated traffic	18301
control device by which traffic is warned or directed to take some	18302
specific action. "Highway traffic signal" does not include a	18303
power-operated sign, steadily illuminated pavement marker, warning	18304
light, or steady burning electric lamp.	18305

(NNN) "Median" means the area between two roadways of a	18306
divided highway, measured from edge of traveled way to edge of	18307
traveled way, but excluding turn lanes. The width of a median may	18308
be different between intersections, between interchanges, and at	18309
opposite approaches of the same intersection.	18310

(OOO) "Private road open to public travel" means a private	18311
toll road or road, including any adjacent sidewalks that generally	18312
run parallel to the road, within a shopping center, airport,	18313
sports arena, or other similar business or recreation facility	18314
that is privately owned but where the public is allowed to travel	18315
without access restrictions. "Private road open to public travel"	18316
includes a gated toll road but does not include a road within a	18317
private gated property where access is restricted at all times, a	18318
parking area, a driving aisle within a parking area, or a private	18319
grade crossing.	18320

(PPP) "Shared-use path" means a bikeway outside the traveled	18321
way and physically separated from motorized vehicular traffic by	18322
an open space or barrier and either within the highway	18323
right-of-way or within an independent alignment. A shared-use path	18324
also may be used by pedestrians, including skaters, joggers, users	18325
of manual and motorized wheelchairs, and other authorized	18326
motorized and non-motorized users.	18327

Section 110.11. That the existing versions of sections	18328
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of the Revised	18329
Code that are scheduled to take effect January 1, 2017, are hereby	18330
repealed.	18331

Section 110.12. Sections 110.10 and 110.11 of this act take	18332
effect January 1, 2017.	18333

Section 201.10. Except as otherwise provided in this act,	18334
all appropriation items in this act are appropriated out of any	18335
moneys in the state treasury to the credit of the designated fund	18336
that are not otherwise appropriated. For all appropriations made	18337
in this act, the amounts in the first column are for fiscal year	18338
2014 and the amounts in the second column are for fiscal year	18339
2015.	18340

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

18341

FUND

TITLE

FY 2014

FY 2015

18342

Highway Operating Fund Group	18343

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	18344
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	18345
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	18346
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	18347
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	18348
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	18349
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	18350
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	18351
7002	772421	Highway Construction - State	$	603,246,763	$	605,240,020	18352
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	18353
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	18354
7002	772425	Highway Construction - Turnpike	$	200,000,000	$	300,000,000	18355
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	18356
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	18357
7002	773431	Highway Maintenance - State	$	457,665,521	$	470,006,152	18358
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	18359
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	18360
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	18361
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	18362
7002	776669	Grade Crossings - Maintenance	$	7,500,000	$	7,500,000	18363
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	18364
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	18365
7002	779491	Administration - State	$	91,218,054	$	92,543,982	18366
TOTAL HOF Highway Operating							18367
Fund Group			$	2,795,280,255	$	2,912,086,567	18368

State Special Revenue Fund Group	18369

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	18370
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	18371
TOTAL SSR State Special Revenue							18372
Fund Group			$	3,495,800	$	3,495,800	18373

Infrastructure Bank Obligations Fund Group	18374

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	18375
TOTAL 045 Infrastructure Bank							18376
Obligations Fund Group			$	96,092,215	$	97,000,000	18377

Highway Capital Improvement Fund Group	18378

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	18379
TOTAL 042 Highway Capital							18380
Improvement Fund Group			$	100,294,652	$	119,617,631	18381
TOTAL ALL BUDGET FUND GROUPS			$	2,995,162,922	$	3,132,199,998	18382

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

18384

Of the foregoing appropriation item 772421, Highway	18385
Construction – State, $5,000,000 shall be used in each fiscal year	18386
for the construction, reconstruction, or maintenance of public	18387
access roads, including support features, to and within state	18388
facilities owned or operated by the Department of Natural	18389
Resources.	18390

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	18391
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	18392

Notwithstanding section 5511.06 of the Revised Code, of the	18393
foregoing appropriation item 772421, Highway Construction – State,	18394
$2,228,000 in each fiscal year shall be used for the construction,	18395
reconstruction, or maintenance of park drives or park roads within	18396
the boundaries of metropolitan parks.	18397

The Department of Transportation may use the foregoing	18398
appropriation item 772421, Highway Construction – State, to	18399
perform related road work on behalf of the Ohio Expositions	18400
Commission at the state fairgrounds, including reconstruction or	18401
maintenance of public access roads and support features to and	18402
within fairgrounds facilities, as requested by the Commission and	18403
approved by the Director of Transportation.	18404

The Department of Transportation may use the foregoing	18405
appropriation item 772421, Highway Construction – State, to	18406
perform related road work on behalf of the Ohio Historical	18407
Society, including reconstruction or maintenance of public access	18408
roads and support features to and within Historical Society	18409
facilities, as requested by the Society and approved by the	18410
Director of Transportation.	18411

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

18412

(A) Of the foregoing appropriation item 772421, Highway	18413
Construction – State, $3,500,000 in each fiscal year shall be made	18414
available for distribution by the Director of Transportation to	18415
Transportation Improvement Districts that have facilitated funding	18416
for the cost of a project or projects in conjunction with and	18417
through other governmental agencies.	18418

(B) A Transportation Improvement District shall submit	18419
requests for project funding to the Ohio Department of	18420
Transportation not later than the first day of September in each	18421
fiscal year. The Ohio Department of Transportation shall notify	18422
the Transportation Improvement District whether the Department has	18423
approved or disapproved the project funding request within 90 days	18424
after the day the request was submitted by the Transportation	18425
Improvement District.	18426

(C) Any funding provided to a Transportation Improvement	18427
District specified in this section shall not be used for the	18428
purposes of administrative costs or administrative staffing and	18429
must be used to fund a specific project or projects within that	18430
District's area. The total amount of a specific project's cost	18431
shall not be fully funded by the amount of funds provided under	18432
this section. The total amount of funding provided for each	18433
project is limited to 10% of total project costs or $250,000 per	18434
fiscal year, whichever is greater. Transportation Improvement	18435
Districts that are co-sponsoring a specific project may	18436
individually apply for up to $250,000 for that project. However,	18437
not more than 10% of a project's total costs per biennium shall be	18438
funded through moneys provided under this section.	18439

(D) Funds provided under this section may be used for	18440
preliminary engineering, detailed design, right-of-way	18441
acquisition, and construction of the specific project and such	18442
other project costs that are defined in section 5540.01 of the	18443
Revised Code and approved by the Director of Transportation. Upon	18444
receipt of a copy of an invoice for work performed on the specific	18445
project, the Director of Transportation shall reimburse a	18446
Transportation Improvement District for the expenditures described	18447
above, subject to the requirements of this section.	18448

(E) Any Transportation Improvement District that is	18449
requesting funds under this section shall register with the	18450
Director of Transportation. The Director of Transportation shall	18451
register a Transportation Improvement District only if the	18452
district has a specific, eligible project and may cancel the	18453
registration of a Transportation Improvement District that is not	18454
eligible to receive funds under this section. The Director shall	18455
not provide funds to any Transportation Improvement District under	18456
this section if the district is not registered. The Director of	18457
Transportation shall not register a Transportation Improvement	18458
District and shall cancel the registration of a currently	18459
registered Transportation Improvement District unless at least one	18460
of the following applies:	18461

(1) The Transportation Improvement District, by a resolution	18462
or resolutions, designated a project or program of projects and	18463
facilitated, including in conjunction with and through other	18464
governmental agencies, funding for costs of a project or program	18465
of projects in an aggregate amount of not less than $10,000,000	18466
within the eight-year period commencing January 1, 2005.	18467

(2) The Transportation Improvement District, by a resolution	18468
or resolutions, designated a project or program of projects and	18469
facilitated, including in conjunction with and through other	18470
governmental agencies, funding for costs of a project or program	18471
of projects in an aggregate amount of not less than $15,000,000	18472
from the commencement date of the project or program of projects.	18473

(3) The Transportation Improvement District has designated,	18474
by a resolution or resolutions, a project or program of projects	18475
that has estimated aggregate costs in excess of $10,000,000 and	18476
the County Engineer of the county in which the Transportation	18477
Improvement District is located has attested by a sworn affidavit	18478
that the costs of the project or program of projects exceeds	18479
$10,000,000 and that the Transportation Improvement District is	18480
facilitating a portion of funding for that project or program of	18481
projects.	18482

(F) For purposes of this section:

18483

(1) "Project" shall have the same meaning as in division (D)	18484
of section 5540.01 of the Revised Code.	18485

(2) "Governmental agency" shall have the same meaning as in	18486
division (B) of section 5540.01 of the Revised Code.	18487

(3) "Cost" shall have the same meaning as in division (C) of	18488
section 5540.01 of the Revised Code.	18489

Section 203.40.10. GRADE CROSSINGS - MAINTENANCE

18490

The foregoing appropriation item 776669, Grade Crossings -	18491
Maintenance, shall be used for the maintenance of at-grade	18492
railroad highway crossings. Funds shall be used to reimburse	18493
operating railroads for grade crossing maintenance expenses in	18494
proportion to their share of at-grade railroad highway crossings	18495
in Ohio based on the Railroad Information System maintained by the	18496
Public Utilities Commission. Prior to making any expenditures from	18497
the appropriation item, the Director of Transportation, in	18498
conjunction with the Ohio Rail Development Commission, shall adopt	18499
rules under Chapter 119. of the Revised Code governing the use of	18500
moneys in the appropriation item.	18501

Section 203.50. ISSUANCE OF BONDS

18502

The Treasurer of State, upon the request of the Director of	18503
Transportation, is authorized to issue and sell, in accordance	18504
with Section 2m of Article VIII, Ohio Constitution, and Chapter	18505
151. and particularly sections 151.01 and 151.06 of the Revised	18506
Code, obligations, including bonds and notes, in the aggregate	18507
amount of $220,000,000 in addition to the original issuance of	18508
obligations authorized by prior acts of the General Assembly.	18509

The obligations shall be issued and sold from time to time in	18510
amounts necessary to provide sufficient moneys to the credit of	18511
the Highway Capital Improvement Fund (Fund 7042) created by	18512
section 5528.53 of the Revised Code to pay costs charged to the	18513
fund when due as estimated by the Director of Transportation,	18514
provided, however, that such obligations shall be issued and sold	18515
at such time or times so that not more than $220,000,000 original	18516
principal amount of obligations, plus the principal amount of	18517
obligations that in prior fiscal years could have been, but were	18518
not, issued within the $220,000,000 limit, may be issued in any	18519
fiscal year, and not more than $1,200,000,000 original principal	18520
amount of such obligations are outstanding at any one time.	18521

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	18522
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	18523
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	18524
ADMINISTRATION	18525

The Director of Budget and Management may approve requests	18526
from the Director of Transportation for transfer of Highway	18527
Operating Fund (Fund 7002) appropriations for planning and	18528
research (appropriation items 771411 and 771412), highway	18529
construction and debt service (appropriation items 772421, 772422,	18530
772424, 772425, 772437, and 772438), highway maintenance	18531
(appropriation item 773431), public transportation - federal	18532
(appropriation item 775452), elderly and disabled special	18533
equipment (appropriation item 775459), rail grade crossings	18534
(appropriation item 776462), aviation (appropriation item 777475),	18535
and administration (appropriation item 779491). The Director of	18536
Budget and Management may not make transfers out of debt service	18537
appropriation items unless the Director determines that the	18538
appropriated amounts exceed the actual and projected debt service	18539
requirements. Transfers of appropriations may be made upon the	18540
written request of the Director of Transportation and with the	18541
approval of the Director of Budget and Management. The transfers	18542
shall be reported to the Controlling Board at the next regularly	18543
scheduled meeting of the board.	18544

This transfer authority is intended to provide for emergency	18545
situations and flexibility to meet unforeseen conditions that	18546
could arise during the budget period. It also is intended to allow	18547
the department to optimize the use of available resources and	18548
adjust to circumstances affecting the obligation and expenditure	18549
of federal funds.	18550

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	18551
AVIATION, AND RAIL AND LOCAL TRANSIT	18552

The Director of Budget and Management may approve written	18553
requests from the Director of Transportation for the transfer of	18554
appropriations between appropriation items 772422, Highway	18555
Construction - Federal, 775452, Public Transportation - Federal,	18556
775454, Public Transportation - Other, 775459, Elderly and	18557
Disabled Special Equipment, 776475, Federal Rail Administration,	18558
and 777472, Airport Improvements - Federal. The transfers shall be	18559
reported to the Controlling Board at its next regularly scheduled	18560
meeting.	18561

TRANSFER OF APPROPRIATIONS - ARRA

18562

The Director of Budget and Management may approve written	18563
requests from the Director of Transportation for the transfer of	18564
appropriations between appropriation items 771412, Planning and	18565
Research – Federal, 772422, Highway Construction - Federal,	18566
772424, Highway Construction – Other, 775452, Public	18567
Transportation - Federal, 776462, Grade Crossing - Federal, and	18568
777472, Airport Improvements - Federal, based upon the	18569
requirements of the American Recovery and Reinvestment Act of 2009	18570
that apply to the money appropriated. The transfers shall be	18571
reported to the Controlling Board at its next regularly scheduled	18572
meeting.	18573

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	18574
BANK	18575

The Director of Budget and Management may approve requests	18576
from the Director of Transportation for transfer of appropriations	18577
and cash of the Infrastructure Bank funds created in section	18578
5531.09 of the Revised Code, including transfers between fiscal	18579
years 2014 and 2015. The transfers shall be reported to the	18580
Controlling Board at its next regularly scheduled meeting.	18581

The Director of Budget and Management may approve requests	18582
from the Director of Transportation for transfer of appropriations	18583
and cash from the Highway Operating Fund (Fund 7002) to the	18584
Infrastructure Bank funds created in section 5531.09 of the	18585
Revised Code. The Director of Budget and Management may transfer	18586
from the Infrastructure Bank funds to the Highway Operating Fund	18587
up to the amounts originally transferred to the Infrastructure	18588
Bank funds under this section. However, the Director may not make	18589
transfers between modes or transfers between different funding	18590
sources. The transfers shall be reported to the Controlling Board	18591
at its next regularly scheduled meeting.	18592

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

18593

The Director of Budget and Management may approve requests	18594
from the Director of Transportation for transfer of appropriations	18595
and cash of the Ohio Toll Fund and any subaccounts created in	18596
section 5531.14 of the Revised Code, including transfers between	18597
fiscal years 2014 and 2015. The transfers shall be reported to the	18598
Controlling Board at its next regularly scheduled meeting.	18599

INCREASING APPROPRIATIONS: STATE FUNDS

18600

In the event that receipts or unexpended balances credited to	18601
the Highway Operating Fund (Fund 7002) exceed the estimates upon	18602
which the appropriations have been made in this act, upon the	18603
request of the Director of Transportation, the Controlling Board	18604
may increase those appropriations in the manner prescribed in	18605
section 131.35 of the Revised Code.	18606

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

18607

In the event that receipts or unexpended balances credited to	18608
the Highway Operating Fund (Fund 7002) or apportionments or	18609
allocations made available from the federal and local government	18610
exceed the estimates upon which the appropriations have been made	18611
in this act, upon the request of the Director of Transportation,	18612
the Controlling Board may increase those appropriations in the	18613
manner prescribed in section 131.35 of the Revised Code.	18614

REAPPROPRIATIONS

18615

In each fiscal year of the biennium ending June 30, 2015, the	18616
Director of Transportation may request that the Director of Budget	18617
and Management transfer any remaining unencumbered balances of	18618
prior years' appropriations to the Highway Operating Fund (Fund	18619
7002), the Highway Capital Improvement Fund (Fund 7042), and the	18620
Infrastructure Bank funds created in section 5531.09 of the	18621
Revised Code for the same purpose in the following fiscal year. In	18622
the request, the Director of Transportation shall identify the	18623
appropriate fund and appropriation item of the transfer, the	18624
requested transfer amount. The Director of Budget and Management	18625
may request additional information necessary for evaluating the	18626
transfer request, and the Director of Transportation shall provide	18627
the requested information to the Director of Budget and	18628
Management. Based on the information provided by the Director of	18629
Transportation, the Director of Budget and Management shall	18630
determine the amount to be transferred by fund and appropriation	18631
item, and those amounts are hereby reappropriated. The Director of	18632
Transportation shall report the reappropriations to the	18633
Controlling Board.	18634

Any balances of prior years' unencumbered appropriations to	18635
the Highway Operating Fund (Fund 7002), the Highway Capital	18636
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	18637
created in section 5531.09 of the Revised Code for which the	18638
Director of Transportation requests reappropriations, and for	18639
which reappropriations are approved by the Director of Budget and	18640
Management, are subject to the availability of revenue as	18641
determined by the Director of Transportation.	18642

LIQUIDATION OF UNFORESEEN LIABILITIES

18643

Any appropriation made from the Highway Operating Fund (Fund	18644
7002) not otherwise restricted by law is available to liquidate	18645
unforeseen liabilities arising from contractual agreements of	18646
prior years when the prior year encumbrance is insufficient.	18647

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

18648

The Director of Transportation may remove snow and ice and	18649
maintain, repair, improve, or provide lighting upon interstate	18650
highways that are located within the boundaries of municipal	18651
corporations, adequate to meet the requirements of federal law.	18652
When agreed in writing by the Director of Transportation and the	18653
legislative authority of a municipal corporation and	18654
notwithstanding sections 125.01 and 125.11 of the Revised Code,	18655
the Department of Transportation may reimburse a municipal	18656
corporation for all or any part of the costs, as provided by such	18657
agreement, incurred by the municipal corporation in maintaining,	18658
repairing, lighting, and removing snow and ice from the interstate	18659
system.	18660

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

18661

The Director of Transportation may use revenues from the	18662
state motor vehicle fuel tax to match approved federal grants	18663
awarded to the Department of Transportation, regional transit	18664
authorities, or eligible public transportation systems, for public	18665
transportation highway purposes, or to support local or state	18666
funded projects for public transportation highway purposes. Public	18667
transportation highway purposes include: the construction or	18668
repair of high-occupancy vehicle traffic lanes, the acquisition or	18669
construction of park-and-ride facilities, the acquisition or	18670
construction of public transportation vehicle loops, the	18671
construction or repair of bridges used by public transportation	18672
vehicles or that are the responsibility of a regional transit	18673
authority or other public transportation system, or other similar	18674
construction that is designated as an eligible public	18675
transportation highway purpose. Motor vehicle fuel tax revenues	18676
may not be used for operating assistance or for the purchase of	18677
vehicles, equipment, or maintenance facilities.	18678

Section 203.90. The federal payments made to the state for	18679
highway infrastructure or for transit agencies under Title XII of	18680
Division A of the American Recovery and Reinvestment Act of 2009	18681
shall be deposited to the credit of the Highway Operating Fund	18682
(Fund 7002), which is created in section 5735.291 of the Revised	18683
Code.	18684

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

18685

State Highway Safety Fund Group	18686

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	18687
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	18688
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	18689
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	18690
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	18691
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	18692
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	18693
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	18694
8310	761610	Information and Education - Federal	$	300,000	$	300,000	18695
8310	764608	FARS Grant Federal	$	175,000	$	175,000	18696
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	18697
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	18698
8310	765610	EMS - Federal	$	225,000	$	225,000	18699
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	18700
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	18701
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	18702
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	18703
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	18704
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	18705
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	18706
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	18707
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	18708
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	18709
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	18710
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	18711
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	18712
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	18713
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	18714
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	18715
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	18716
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	18717
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	18718
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	18719
TOTAL HSF State Highway Safety Fund Group			$	515,450,460	$	517,434,364	18720

General Services Fund Group	18721

4P60	768601	Justice Program Services	$	900,000	$	875,000	18722
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	18723
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	18724
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	18725

Federal Special Revenue Fund Group	18726

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	18727
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	18728
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	18729
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	18730
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	18731
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	18732
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	18733
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	18734
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	18735
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	18736
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	18737
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	18738
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	18739
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	18740
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	18741

State Special Revenue Fund Group	18742

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	18743
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	18744
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	18745
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	18746
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	18747
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	18748
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	18749
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	18750
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	18751
5FL0	769634	Investigations	$	899,300	$	899,300	18752
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	18753
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	18754
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	18755
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	18756
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	18757
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	18758

Agency Fund Group	18759

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		18760
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		18761

Holding Account Redistribution Fund Group	18762

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	18763
R052	762623	Security Deposits	$	350,000	$	350,000	18764
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	18765
TOTAL ALL BUDGET FUND GROUPS			$	673,558,888	$	675,952,792	18766

MOTOR VEHICLE REGISTRATION

18767

The Registrar of Motor Vehicles may deposit revenues to meet	18768
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	18769
4W40) established in section 4501.25 of the Revised Code, obtained	18770
under sections 4503.02 and 4504.02 of the Revised Code, less all	18771
other available cash. Revenue deposited pursuant to this paragraph	18772
shall support, in part, appropriations for operating expenses and	18773
defray the cost of manufacturing and distributing license plates	18774
and license plate stickers and enforcing the law relative to the	18775
operation and registration of motor vehicles. Notwithstanding	18776
section 4501.03 of the Revised Code, the revenues shall be paid	18777
into Fund 4W40 before any revenues obtained pursuant to sections	18778
4503.02 and 4504.02 of the Revised Code are paid into any other	18779
fund. The deposit of revenues to meet the aforementioned cash	18780
needs shall be in approximately equal amounts on a monthly basis	18781
or as otherwise determined by the Director of Budget and	18782
Management pursuant to a plan submitted by the Registrar of Motor	18783
Vehicles.	18784

OPERATING EXPENSE – BMV

18785

Of the foregoing appropriation item 762321, Operating Expense	18786
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	18787
costs associated with improvements to the program to accept	18788
applications for registration transactions of apportionable	18789
vehicles electronically over the internet.	18790

OPERATING EXPENSE - INFORMATION AND EDUCATION

18791

Of the foregoing appropriation item 761321, Operating Expense	18792
– Information and Education, up to $250,000 in each fiscal year	18793
may be used to fund state employees to staff travel information	18794
centers on the border of the state.	18795

The Department of Public Safety shall conduct a study for	18796
partnering with local travel and tourism centers, as well as a	18797
study for the creation of the Ohio Ambassadors Volunteer Program	18798
at rest stops.	18799

LEASE RENTAL PAYMENTS

18800

The foregoing appropriation item 761401, Lease Rental	18801
Payments, shall be used for payments to the Treasurer of State for	18802
the period July 1, 2013, through June 30, 2015, under the primary	18803
leases and agreements for public safety related buildings. The	18804
appropriations are the source of funds pledged for bond service	18805
charges on obligations pursuant to Chapters 152. and 154. of the	18806
Revised Code.	18807

CASH TRANSFERS BETWEEN FUNDS

18808

Notwithstanding any provision of law to the contrary, the	18809
Director of Budget and Management, upon the written request of the	18810
Director of Public Safety, may transfer cash between the following	18811
six funds: the Trauma and Emergency Medical Services Fund (Fund	18812
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	18813
Fund (Fund 5FL0), the Emergency Management Agency Service and	18814
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	18815
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	18816
4W40).	18817

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	18818
PLATE CONTRIBUTION FUND	18819

On July 1, 2013, or as soon as possible thereafter, the	18820
Director of Budget and Management may transfer the cash balance in	18821
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	18822
Contribution Fund (Fund 5V10). Upon completion of the transfer,	18823
Fund 5JS0 is hereby abolished.	18824

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	18825
STATE HIGHWAY SAFETY FUND	18826

Not later than January 1, 2014, the Director of Budget and	18827
Management may transfer the cash balance in the Hilltop Utility	18828
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	18829
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	18830
abolished. The Director shall cancel any existing encumbrances	18831
against appropriation item 766661, Hilltop Utility Reimbursement,	18832
and reestablish them against appropriation item 761321, Operating	18833
Expense – Information and Education. The reestablished encumbrance	18834
amounts are hereby appropriated.	18835

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	18836
SAFETY FUND	18837

On July 1, 2013, or as soon as possible thereafter, the	18838
Director of Budget and Management shall transfer the cash balance	18839
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	18840
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	18841
Fund 8380 is abolished.	18842

STATE DISASTER RELIEF

18843

The State Disaster Relief Fund (Fund 5330) may accept	18844
transfers of cash and appropriations from Controlling Board	18845
appropriation items for Ohio Emergency Management Agency disaster	18846
response costs and disaster program management costs, and may also	18847
be used for the following purposes:	18848

(A) To accept transfers of cash and appropriations from	18849
Controlling Board appropriation items for Ohio Emergency	18850
Management Agency public assistance and mitigation program match	18851
costs to reimburse eligible local governments and private	18852
nonprofit organizations for costs related to disasters;	18853

(B) To accept and transfer cash to reimburse the costs	18854
associated with Emergency Management Assistance Compact (EMAC)	18855
deployments;	18856

(C) To accept disaster related reimbursement from federal,	18857
state, and local governments. The Director of Budget and	18858
Management may transfer cash from reimbursements received by this	18859
fund to other funds of the state from which transfers were	18860
originally approved by the Controlling Board.	18861

(D) To accept transfers of cash and appropriations from	18862
Controlling Board appropriation items to fund the State Disaster	18863
Relief Program, for disasters that qualify for the program by	18864
written authorization of the Governor, and the State Individual	18865
Assistance Program for disasters that have been declared by the	18866
federal Small Business Administration and that qualify for the	18867
program by written authorization of the Governor. The Ohio	18868
Emergency Management Agency shall publish and make available	18869
application packets outlining procedures for the State Disaster	18870
Relief Program and the State Individual Assistance Program.	18871

JUSTICE ASSISTANCE GRANT FUND

18872

The federal payments made to the state for the Byrne Justice	18873
Assistance Grants Program under Title II of Division A of the	18874
American Recovery and Reinvestment Act of 2009 shall be deposited	18875
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	18876
which is hereby created in the state treasury. All investment	18877
earnings of the fund shall be credited to the fund.	18878

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	18879
AGENCY SERVICE AND REIMBURSEMENT FUND	18880

On July 1 of each fiscal year, or as soon as possible	18881
thereafter, the Director of Budget and Management shall transfer	18882
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	18883
Emergency Management Agency Service and Reimbursement Fund (Fund	18884
4V30) to be distributed to the Ohio Task Force One – Urban Search	18885
and Rescue Unit, other similar urban search and rescue units	18886
around the state, and for the maintenance of the statewide fire	18887
emergency response plan by an entity recognized by the Ohio	18888
Emergency Management Agency.	18889

FAMILY VIOLENCE PREVENTION FUND

18890

Notwithstanding any provision of law to the contrary, in each	18891
of fiscal years 2014 and 2015, the first $750,000 received to the	18892
credit of the Family Violence Prevention Fund (Fund 5BK0) is	18893
appropriated to appropriation item 768689, Family Violence Shelter	18894
Programs, and the next $400,000 received to the credit of Fund	18895
5BK0 in each of those fiscal years is appropriated to	18896
appropriation item 768687, Criminal Justice Services - Operating.	18897
Any moneys received to the credit of Fund 5BK0 in excess of the	18898
aforementioned appropriated amounts in each fiscal year shall,	18899
upon the approval of the Controlling Board, be used to provide	18900
grants to family violence shelters in Ohio.	18901

SARA TITLE III HAZMAT PLANNING

18902

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	18903
entitled to receive grant funds from the Emergency Response	18904
Commission to implement the Emergency Management Agency's	18905
responsibilities under Chapter 3750. of the Revised Code.	18906

COLLECTIVE BARGAINING INCREASES

18907

Notwithstanding division (D) of section 127.14 and division	18908
(B) of section 131.35 of the Revised Code, except for the General	18909
Revenue Fund, the Controlling Board may, upon the request of	18910
either the Director of Budget and Management, or the Department of	18911
Public Safety with the approval of the Director of Budget and	18912
Management, authorize expenditures in excess of appropriations and	18913
transfer appropriations, as necessary, for any fund used by the	18914
Department of Public Safety, to assist in paying the costs of	18915
increases in employee compensation that have occurred pursuant to	18916
collective bargaining agreements under Chapter 4117. of the	18917
Revised Code and, for exempt employees, under section 124.152 of	18918
the Revised Code. Any money approved for expenditure under this	18919
paragraph is hereby appropriated.	18920

CASH BALANCE FUND REVIEW

18921

Not later than the first day of April in each fiscal year of	18922
the biennium, the Director of Budget and Management shall review	18923
the cash balances for each fund, except the State Highway Safety	18924
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	18925
4W40), in the State Highway Safety Fund Group, and shall recommend	18926
to the Controlling Board an amount to be transferred to the credit	18927
of Fund 7036 or Fund 4W40, as appropriate.	18928

AUTO REGISTRATION DISTRIBUTION FUND

18929

Notwithstanding the amendment by this act to section 4501.03	18930
of the Revised Code and the enactment by this act of section	18931
4501.031 of the Revised Code, any license tax assessed under	18932
Chapters 4503. or 4504. of the Revised Code, and derived from	18933
registrations processed on business days prior to July 1, 2013,	18934
shall be deposited to the state treasury to the credit of the Auto	18935
Registration Distribution Fund (Fund 7051) created by section	18936
4501.03 of the Revised Code, even if such deposit does not occur	18937
until on or after July 1, 2013. All license tax assessed on	18938
registrations under Chapters 4503. or 4504. of the Revised Code	18939
prior to July 1, 2013, shall be deposited, and distributed, in	18940
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	18941
4501.043 of the Revised Code as they existed prior to the	18942
amendments to those sections by this act.	18943

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

18944

State Special Revenue Fund Group	18945

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	18946
TOTAL SSR State Special Revenue							18947
Fund Group			$	15,199,900	$	15,199,900	18948
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	18949

ROADWORK DEVELOPMENT FUND

18950

The Roadwork Development Fund shall be used for road	18951
improvements associated with economic development opportunities	18952
that will retain or attract businesses for Ohio. "Road	18953
improvements" are improvements to public roadway facilities	18954
located on, or serving or capable of serving, a project site.	18955

The Department of Transportation, under the direction of the	18956
Development Services Agency, shall provide these funds in	18957
accordance with all guidelines and requirements established for	18958
Development Services Agency appropriation item 195623, Business	18959
Incentive Grants, including Controlling Board review and approval	18960
as well as the requirements for usage of gas tax revenue	18961
prescribed in Section 5a of Article XII, Ohio Constitution. Should	18962
the Development Services Agency require the assistance of the	18963
Department of Transportation to bring a project to completion, the	18964
Department of Transportation shall use its authority under Title	18965
LV of the Revised Code to provide such assistance and may enter	18966
into contracts on behalf of the Development Services Agency. In	18967
addition, these funds may be used in conjunction with	18968
appropriation item 195623, Business Incentive Grants, or any other	18969
state funds appropriated for infrastructure improvements.	18970

The Director of Budget and Management, pursuant to a plan	18971
submitted by the Director of Development Services or as otherwise	18972
determined by the Director of Budget and Management, shall set a	18973
cash transfer schedule to meet the cash needs of the Development	18974
Services Agency Roadwork Development Fund (Fund 4W00), less any	18975
other available cash. The Director shall transfer to the Roadwork	18976
Development Fund from the Highway Operating Fund (Fund 7002),	18977
established in section 5735.291 of the Revised Code, such amounts	18978
at such times as determined by the transfer schedule.	18979

Section 209.10. PWC PUBLIC WORKS COMMISSION

18980

Local Transportation Improvements Fund Group	18981

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	18982
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	18983
TOTAL 052 Local Transportation							18984
Improvements Fund Group			$	52,292,526	$	52,296,555	18985

Local Infrastructure Improvements Fund Group	18986

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	18987
TOTAL LIF Local Infrastructure							18988
Improvements Fund Group			$	902,579	$	909,665	18989
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	18990

PUBLIC WORKS OPERATING EXPENSES

18991

The forgoing appropriation item 150321, State Capital	18992
Improvements Program-Operating Expenses, shall be used by the Ohio	18993
Public Works Commission to administer the State Capital	18994
Improvement Program under sections 164.01 to 164.16 of the Revised	18995
Code.	18996

DISTRICT ADMINISTRATION COSTS

18997

The Director of the Public Works Commission is authorized to	18998
create a District Administration Costs Program from interest	18999
earnings of the Capital Improvements Fund and Local Transportation	19000
Improvement Program Fund proceeds. The program shall be used to	19001
provide for the direct costs of district administration of the	19002
nineteen public works districts. Districts choosing to participate	19003
in the program shall only expend State Capital Improvements Fund	19004
moneys for State Capital Improvements Fund costs and Local	19005
Transportation Improvement Program Fund moneys for Local	19006
Transportation Improvement Program Fund costs. The account shall	19007
not exceed $1,235,000 per fiscal year. Each public works district	19008
may be eligible for up to $65,000 per fiscal year from its	19009
district allocation as provided in sections 164.08 and 164.14 of	19010
the Revised Code.	19011

The Director, by rule, shall define allowable and	19012
nonallowable costs for the purpose of the District Administration	19013
Costs Program. Nonallowable costs include indirect costs, elected	19014
official salaries and benefits, and project-specific costs. No	19015
district public works committee may participate in the District	19016
Administration Costs Program without the approval of those costs	19017
by the district public works committee under section 164.04 of the	19018
Revised Code.	19019

REAPPROPRIATIONS

19020

All capital appropriations from the Local Transportation	19021
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	19022
129th General Assembly remaining unencumbered as of June 30, 2013,	19023
are reappropriated for use during the period July 1, 2013, through	19024
June 30, 2014, for the same purpose.	19025

Notwithstanding division (B) of section 127.14 of the Revised	19026
Code, all capital appropriations and reappropriations from the	19027
Local Transportation Improvement Program Fund (Fund 7052) in this	19028
act remaining unencumbered as of June 30, 2014, are reappropriated	19029
for use during the period July 1, 2014, through June 30, 2015, for	19030
the same purposes, subject to the availability of revenue as	19031
determined by the Director of the Public Works Commission.	19032

TEMPORARY TRANSFERS

19033

Notwithstanding section 127.14 of the Revised Code, the	19034
Director of the Public Works Commission may request the Director	19035
of Budget and Management to transfer moneys from the Local	19036
Transportation Improvement Fund (Fund 7052) to the State Capital	19037
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	19038
(Fund 7056). The Director of Budget and Management may approve	19039
temporary transfers if such transfers are needed for capital	19040
outlays for which notes or bonds will be issued. Any transfers	19041
executed under this section shall be reported to the Controlling	19042
Board by June 30 of the fiscal year in which the transfer	19043
occurred.	19044

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

19045

There is hereby appropriated, from those funds designated by	19046
or pursuant to the applicable proceedings authorizing the issuance	19047
of state obligations, amounts computed at the time to represent	19048
the portion of investment income to be rebated or amounts in lieu	19049
of or in addition to any rebate amount to be paid to the federal	19050
government in order to maintain the exclusion from gross income	19051
for federal income tax purposes of interest on those state	19052
obligations under section 148(f) of the Internal Revenue Code.	19053

Rebate payments shall be approved and vouchered by the Office	19054
of Budget and Management.	19055

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	19056
PURPOSES	19057

Appropriation item 725509, Parks Special Purposes, is hereby	19058
established in the General Revenue Fund with an appropriation of	19059
$14,000,000 in fiscal year 2013. The appropriation item shall be	19060
used by the Department of Natural Resources to facilitate the	19061
mutual termination of a lease agreement between the City of	19062
Cleveland and the Department of Natural Resources for Cleveland	19063
Lakefront Parks and to operate and conduct necessary upgrades	19064
solely and exclusively to (1) Edgewater Park; (2) East 55th/Gordon	19065
Park North of Interstate 90 and including the East 55th Street	19066
Department of Natural Resources Headquarters and the East 72nd	19067
Street Maintenance Facility; (3) Euclid Beach Park; and (4) Villa	19068
Angela/Wildwood Park. Any unexpended and unencumbered portion of	19069
the foregoing appropriation item remaining at the end of fiscal	19070
year 2013 shall be reappropriated for the same purposes in fiscal	19071
year 2014.	19072

Section 506.10. Notwithstanding division (A)(3) of section	19073
4501.044 and division (A)(1) of section 4501.045 of the Revised	19074
Code, commencing July 1, 2013, and extending through June 30,	19075
2014, the Director of Public Safety shall deposit the money	19076
otherwise deposited and distributed in accordance with those	19077
divisions into the State Highway Safety Fund (Fund 7036) created	19078
by section 4501.06 of the Revised Code until such time as the	19079
deposits equal a cumulative total of $35,000,000. At that point,	19080
the Director shall cease depositing any such money into Fund 7036	19081
and shall deposit and distribute that money as prescribed in	19082
division (A)(3) of section 4501.044 and division (A)(1) of section	19083
4501.045 of the Revised Code.	19084

Notwithstanding division (A)(3) of section 4501.044 and	19085
division (A)(1) of section 4501.045 of the Revised Code,	19086
commencing July 1, 2014, and extending through June 30, 2015, the	19087
Director of Public Safety shall deposit the money otherwise	19088
deposited and distributed in accordance with those divisions into	19089
the State Highway Safety Fund (Fund 7036) created by section	19090
4501.06 of the Revised Code until such time as the deposits equal	19091
a cumulative total of $35,000,000. At that point, the Director	19092
shall cease depositing any such money into Fund 7036 and shall	19093
deposit and distribute that money as prescribed in division (A)(3)	19094
of section 4501.044 and division (A)(1) of section 4501.045 of the	19095
Revised Code.	19096

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	19097
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	19098

The Director of Budget and Management shall initiate and	19099
process payments from lease rental payment appropriation items	19100
during the period from July 1, 2013, to June 30, 2015, pursuant to	19101
the lease agreements for bonds or notes issued under Section 2i of	19102
Article VIII of the Ohio Constitution and Chapters 152. and 154.	19103
of the Revised Code. Payments shall be made upon certification by	19104
the Treasurer of State of the dates and amounts due on those	19105
dates.	19106

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

19107

Certain appropriations are in this act for the purpose of	19108
lease rental and other payments under leases and agreements	19109
relating to bonds or notes issued under the Ohio Constitution and	19110
acts of the General Assembly. If it is determined that additional	19111
appropriations are necessary for this purpose, such amounts are	19112
hereby appropriated.	19113

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	19114
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	19115

Upon the request of the Director of Transportation, the	19116
Director of Budget and Management may transfer cash from the	19117
Highway Operating Fund (Fund 7002) to the Highway Capital	19118
Improvement Fund (Fund 7042) created in section 5528.53 of the	19119
Revised Code. The Director of Budget and Management may transfer	19120
cash from Fund 7042 to Fund 7002 up to the amount of cash	19121
previously transferred to Fund 7042 under this section.	19122

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

19123

The Director of Budget and Management shall transfer cash in	19124
equal monthly increments totaling $171,724,944 in fiscal year 2014	19125
and in equal monthly increments totaling $173,884,776 in fiscal	19126
year 2015 from the Highway Operating Fund (Fund 7002), created in	19127
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	19128
Fund (Fund 7060) created in division (A) of section 5735.27 of the	19129
Revised Code. The monthly amounts transferred under this section	19130
shall be distributed as follows: 42.86 per cent shall be	19131
distributed among the municipal corporations within the state	19132
under division (A)(2) of section 5735.27 of the Revised Code;	19133
37.14 per cent shall be distributed among the counties within the	19134
state under division (A)(3) of section 5735.27 of the Revised	19135
Code; and 20 per cent shall be distributed among the townships	19136
within the state under division (A)(5)(b) of section 5735.27 of	19137
the Revised Code.	19138

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

19139

On July 1, 2013, and on January 1, 2014, or as soon as	19140
possible thereafter, respectively, the Director of Budget and	19141
Management shall transfer $200,000 in cash, for each period, from	19142
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	19143
General for ODOT Fund (Fund 5FA0).	19144

On July 1, 2014, and on January 1, 2015, or as soon as	19145
possible thereafter, respectively, the Director of Budget and	19146
Management shall transfer $200,000 in cash, for each period, from	19147
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	19148
General for ODOT Fund (Fund 5FA0).	19149

Should additional amounts be necessary, the Inspector	19150
General, with the consent of the Director of Budget and	19151
Management, may seek Controlling Board approval for additional	19152
transfers of cash and to increase the amount appropriated from	19153
appropriation item 965603, Deputy Inspector General for ODOT, in	19154
the amount of the additional transfers.	19155

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	19156
129th General Assembly be amended to read as follows:	19157

Sec. 10. ~~The~~To the extent that sufficient cash is available,	19158
within three months after the receipt of moneys into the Casino	19159
Operator Settlement Fund created in section 3772.34 of the Revised	19160
Code, the Director of Budget and Management shall pay one million	19161
dollars ~~by December 31, 2012,~~ to the municipal corporation or	19162
township in which each commercial racetrack is located, including	19163
a municipal corporation or township to which a racetrack is to	19164
relocate as specified in the memorandum of understanding of	19165
February 17, 2012, between the Office of the Governor, State of	19166
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	19167
transfers, but excluding the previous municipal corporation or	19168
township of each moved track and excluding a municipal corporation	19169
or township in a county with a population between 1,100,000 and	19170
1,200,000 in the most recent federal decennial census. ~~The~~	19171
~~Director shall transfer these payments, totaling six million~~	19172
~~dollars, from the Casino Operator Settlement Fund created in~~	19173
~~section 3772.34 of the Revised Code. The Director~~Additionally,	19174
within six months after the first payments made under this	19175
section, the Director of Budget and Management shall pay an	19176
additional one million dollars ~~by June 30, 2013,~~ to each of these	19177
municipal corporations and townships~~, and shall transfer these~~	19178
~~payments, totaling six million dollars, from the Casino Operator~~	19179
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	19180
municipal corporation or township receiving such a payment shall	19181
use at least fifty per cent of the funds received for	19182
infrastructure or capital improvements. If after either of the	19183
payments referenced in this section, a municipal corporation or	19184
township loses a racetrack as a result of the racetrack permit	19185
holder's decision to relocate to another municipal corporation or	19186
township, the municipal corporation or township losing the	19187
racetrack becomes eligible for a payment from the Racetrack	19188
Facility Community Economic Redevelopment Fund provided for in	19189
Sections 7 and 8 of H.B. 386 of the 129th General Assembly after	19190
all of the communities that have already lost a racetrack permit	19191
holder's racetrack at the time the first payments referenced in	19192
this section are made have each been awarded up to $3 million for	19193
the initial loss of such racetracks. Such a municipal corporation	19194
or township shall not receive more than the sum of $3 million	19195
minus any payments made by the Director of Budget and Management	19196
in accordance with this section. The Director of Budget and	19197
Management is also authorized to establish any necessary	19198
appropriation items in the appropriate funds and agencies in order	19199
to make any payments required under this section. Any funds in	19200
such items are hereby appropriated.	19201

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	19202
of the 129th General Assembly is hereby repealed.	19203

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	19204
482 of the 129th General Assembly be amended to read as follows:	19205

Sec. 203.80. The items set forth in this section are hereby	19206
appropriated out of any moneys in the state treasury to the credit	19207
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	19208
not otherwise appropriated.	19209

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	19210

C72549	ODNR Facilities Development	$	500,000	19211
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	19212
C725E1	NatureWorks Local Park Grants	$	4,790,000	19213
C725E5	Project Planning	$	400,000	19214
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	19215
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	19216
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	19217
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	19218

Sec. 203.83. The Ohio Public Facilities Commission is hereby	19220
authorized to issue and sell, in accordance with Section 2l of	19221
Article VIII, Ohio Constitution, and Chapter 151. and particularly	19222
sections 151.01 and 151.05 of the Revised Code, original	19223
obligations in an aggregate principal amount not to exceed	19224
$~~23,000,000~~53,000,000 in addition to the original issuance of	19225
obligations heretofore authorized by prior acts of the General	19226
Assembly. These authorized obligations shall be issued, subject to	19227
applicable constitutional and statutory limitations, as needed to	19228
provide sufficient moneys to the credit of the Ohio Parks and	19229
Natural Resources Fund (Fund 7031) to pay costs of capital	19230
facilities as defined in sections 151.01 and 151.05 of the Revised	19231
Code.	19232

Section 601.21. That existing Sections 203.80 and 203.83 of	19233
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	19234

Section 701.20. To the extent permitted by federal law,	19235
federal money received by the state for fiscal stabilization and	19236
recovery purposes shall be used in accordance with the preferences	19237
for products and services made or performed in the United States	19238
and Ohio established in section 125.09 of the Revised Code.	19239

Section 737.10. Notwithstanding any provision of Chapter	19240
3769. of the Revised Code and through December 31, 2013, the State	19241
Racing Commission may issue a temporary permit to conduct live	19242
horse-racing meetings at a location where other permits to conduct	19243
live horse-racing meetings have been issued. Such permits shall be	19244
issued to a permit holder for a period not to aggregate more than	19245
one year from the first date of issuance. The Commission may adopt	19246
rules under Chapter 119. of the Revised Code to effectuate this	19247
section and to establish the procedures and conditions to apply	19248
for a temporary permit under this section.	19249

A holder of a temporary permit issued under this section	19250
during calendar year 2013 that is otherwise eligible to become a	19251
video lottery sales agent may apply to the State Lottery	19252
Commission for a video lottery sales agent license at the location	19253
where the temporary permit holder was previously issued a permit	19254
to conduct live horse racing meetings. A holder of a temporary	19255
permit issued under this section during calendar year 2013 may	19256
electronically televise simulcasts of horse races at the location	19257
where the temporary permit holder was previously issued a permit	19258
to conduct live horse racing meetings.	19259

Section 747.10. On the effective date of the amendments made	19260
to section 4765.02 of the Revised Code by this act, the member of	19261
the renamed State Board of Emergency Medical, Fire, and	19262
Transportation Services who is an administrator of an adult or	19263
pediatric trauma center shall cease to be a member of the Board.	19264
On the effective date of the amendments made to section 4765.02 of	19265
the Revised Code by this act, the member of the renamed State	19266
Board of Emergency Medical, Fire, and Transportation Services who	19267
is a member of the Ohio Ambulance Association shall cease to be a	19268
member of the Board. On the effective date of the amendments made	19269
to section 4765.02 of the Revised Code by this act, the member of	19270
the renamed State Board of Emergency Medical, Fire, and	19271
Transportation Services who is a physician certified by the	19272
American board of surgery, American board of osteopathic surgery,	19273
American osteopathic board of emergency medicine, or American	19274
board of emergency medicine, is chief medical officer of an air	19275
medical agency, and is currently active in providing emergency	19276
medical services shall cease to be a member of the Board. On the	19277
effective date of the amendments made to section 4765.02 of the	19278
Revised Code by this act, of the members of the renamed State	19279
Board of Emergency Medical, Fire, and Transportation Services who	19280
were EMTs, AEMTs, or paramedics and were appointed to the Board in	19281
that capacity, only the members who are designated by the Governor	19282
to continue to be members of the Board shall continue to be so;	19283
the other persons shall cease to be members of the Board. On the	19284
effective date of the amendments made to section 4765.02 of the	19285
Revised Code by this act, the member of the renamed State Board of	19286
Emergency Medical, Fire, and Transportation Services who is a	19287
registered nurse and is in the active practice of emergency	19288
nursing shall cease to be a member of the Board. Not later than	19289
sixty days after the effective date of those amendments, the	19290
Governor shall appoint to the renamed State Board of Emergency	19291
Medical, Fire, and Transportation Services an adult or pediatric	19292
trauma program manager or trauma program director who is involved	19293
in the daily management of a verified trauma center. The Governor	19294
shall appoint this member from among three persons nominated by	19295
the Ohio Nurses Association, three persons nominated by the Ohio	19296
Society of Trauma Nurse Leaders, and three persons nominated by	19297
the Ohio State Council of the Emergency Nurses Association.	19298

On the effective date of the amendments made to section	19299
4765.02 of the Revised Code by this act, all members of the former	19300
State Board of Emergency Medical Services who do not cease to be	19301
members of the renamed State Board of Emergency Medical, Fire, and	19302
Transportation Services by the terms of this act shall continue to	19303
be members of the renamed State Board of Emergency Medical, Fire,	19304
and Transportation Services, and the dates on which the terms of	19305
the continuing members expire shall be the dates on which their	19306
terms as members of the former State Board of Emergency Medical	19307
Services expired. On the effective date of the amendments made to	19308
section 4765.02 of the Revised Code by this act, the following	19309
members of the former Ohio Medical Transportation Board shall	19310
become members of the State Board of Emergency Medical, Fire, and	19311
Transportation Services, and the dates on which those members'	19312
terms on the State Board of Emergency Medical, Fire, and	19313
Transportation Services expire shall be as follows:	19314

The person who owns or operates a private emergency medical	19315
service organization operating in this state, as designated by the	19316
Governor, term ends November 12, 2014;	19317

The person who owns or operates a nonemergency medical	19318
service organization that provides only ambulette services, term	19319
ends November 12, 2014;	19320

The person who is a member of the Ohio Association of	19321
Critical Care Transport and represents air-based services, term	19322
ends November 12, 2015;	19323

The person who is a member of the Ohio Association of	19324
Critical Care Transport and represents a ground-based mobile	19325
intensive care unit organization, term ends November 12, 2015.	19326

All subsequent terms of office for these four positions on	19327
the State Board of Emergency Medical, Fire, and Transportation	19328
Services shall be for three years as provided in section 4765.02	19329
of the Revised Code.	19330

On July 1, 2013, the Medical Transportation Board and all of	19331
its functions are transferred to the Department of Public Safety.	19332
As of such date, the Medical Transportation Board shall operate	19333
under the Department of Public Safety, which shall assume all of	19334
the Board's functions. All assets, liabilities, any capital	19335
spending authority related thereto, and equipment and records,	19336
regardless of form or medium, related to the Medical	19337
Transportation Board's functions are transferred to the Department	19338
of Public Safety on July 1, 2013.	19339

No validation, cure, right, privilege, remedy, obligation, or	19340
liability is lost or impaired by reason of the transfer. All of	19341
the Medical Transportation Board's rules, orders, and	19342
determinations continue in effect as rules, orders, and	19343
determinations of the Department of Public Safety until modified	19344
or rescinded by the Department of Public Safety.	19345

No action or proceeding pending on July 1, 2013, is affected	19346
by the transfer and any action or proceeding pending on July 1,	19347
2013, shall be prosecuted or defended in the name of the	19348
Department of Public Safety or its director. In all such actions	19349
and proceedings, the Department of Public Safety or its director,	19350
upon application to the court, shall be substituted as a party.	19351

On or after July 1, 2013, notwithstanding any provision of	19352
law to the contrary, the Director of Budget and Management shall	19353
take any action with respect to budget changes made necessary by	19354
the transfer. The Director may transfer cash balances between	19355
funds. The Director may cancel encumbrances in 915604, Operating	19356
Expenses, and reestablish encumbrances or parts of encumbrances in	19357
765624, Operating - EMS, as needed in the fiscal year in the	19358
appropriate fund and appropriation item for the same purpose and	19359
to the same vendor. As determined by the Director, encumbrances	19360
reestablished in the fiscal year in a different fund or	19361
appropriation item used by an agency or between agencies are	19362
appropriated. The Director shall reduce each year's appropriation	19363
balances by the amount of the encumbrance canceled in their	19364
respective funds and appropriation item. Any unencumbered or	19365
unallocated appropriation balances from the previous fiscal year	19366
may be transferred to the appropriate appropriation item to be	19367
used for the same purposes, as determined by the Director. Any	19368
such transfers are hereby appropriated.	19369

This section is exempt from the referendum under Ohio	19370
Constitution, Article II, Section 1d and section 1.471 of the	19371
Revised Code and therefore takes effect immediately when this act	19372
becomes law.	19373

Section 755.10. The Director of Transportation may enter into	19374
agreements as provided in this section with the United States or	19375
any department or agency of the United States, including, but not	19376
limited to, the United States Army Corps of Engineers, the United	19377
States Forest Service, the United States Environmental Protection	19378
Agency, and the United States Fish and Wildlife Service. An	19379
agreement entered into pursuant to this section shall be solely	19380
for the purpose of dedicating staff to the expeditious and timely	19381
review of environmentally related documents submitted by the	19382
Director of Transportation, as necessary for the approval of	19383
federal permits. The agreements may include provisions for advance	19384
payment by the Director of Transportation for labor and all other	19385
identifiable costs of the United States or any department or	19386
agency of the United States providing the services, as may be	19387
estimated by the United States, or the department or agency of the	19388
United States. The Director shall submit a request to the	19389
Controlling Board indicating the amount of the agreement, the	19390
services to be performed by the United States or the department or	19391
agency of the United States, and the circumstances giving rise to	19392
the agreement.	19393

Section 755.20. There is hereby created the Joint Legislative	19394
Task Force on Department of Transportation Funding. The Task Force	19395
shall consist of three members of the House Finance and	19396
Appropriations Committee, two of whom shall be appointed by the	19397
Speaker of the House of Representatives and one of whom shall be	19398
appointed by the Minority Leader of the House of Representatives,	19399
and three members of the Senate Transportation Committee, two of	19400
whom shall be appointed by the President of the Senate and one of	19401
whom shall be appointed by the Minority Leader of the Senate.	19402

The Task Force shall examine the funding needs of the Ohio	19403
Department of Transportation. The Task Force also shall study	19404
specifically the issue of the elimination of the Ohio motor fuel	19405
tax. Not later than December 15, 2014, the Task Force shall issue	19406
a report containing its findings and recommendations to the	19407
President of the Senate, the Minority Leader of the Senate, the	19408
Speaker of the House of Representatives, and the Minority Leader	19409
of the House of Representatives. At that time, the Task Force	19410
shall cease to exist.	19411

Section 755.30. On July 1, 2013, and on the first day of the	19412
month for each month thereafter, the Treasurer of State, before	19413
making any of the distributions specified in sections 5735.23,	19414
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	19415
the first two per cent of the amount of motor fuel tax received	19416
for the preceding calendar month to the credit of the Highway	19417
Operating Fund (Fund 7002).	19418

Section 755.40. It is the intent of the General Assembly	19419
that the amendments to section 4511.21 of the Revised Code	19420
contained in Section 101.01 of this act are not to result in any	19421
decrease of any speed limit on any freeway that is in effect on	19422
the effective date of those amendments.	19423

Section 755.50. Not later than July 1, 2013, the Director of	19424
Transportation shall establish a turnpike mitigation program to	19425
assist political subdivisions through which a portion of the Ohio	19426
Turnpike passes and address concerns resulting from the proximity	19427
of the Ohio Turnpike. The program may provide monetary and other	19428
resources, and shall address conditions including noise	19429
mitigation, bridge embankments, drainage, bridge repair, grade	19430
separations, and other related conditions.	19431

The Director may consult with affected political subdivisions	19432
in assessing needs and in developing the program. Upon	19433
establishing the program, the Director shall notify affected	19434
subdivisions in an appropriate manner of the availability of the	19435
program.	19436

As used in this section, "Ohio turnpike" has the same meaning	19437
as in section 5537.26 of the Revised Code.	19438

Section 755.60. (A) The Energy Industry Infrastructure Task	19439
Force is hereby established to do both of the following:	19440

(1) Study and make recommendations to the Director of	19441
Transportation on future infrastructure projects in districts	19442
established by the Department of Transportation that are affected	19443
by the energy industry;	19444

(2) Make recommendations to the Director on infrastructure	19445
projects in those districts that support the economic development	19446
activities in the districts.	19447

(B) The Governor, with the advice and consent of the Senate,	19448
shall appoint the following members to the Task Force not later	19449
than thirty days after the effective date of this section:	19450

(1) Three representatives of the energy industry;

19451

(2) One representative of the County Commissioners	19452
Association of Ohio;	19453

(3) One representative of the Ohio Township Association;

19454

(4) One representative of the County Engineers Association of	19455
Ohio;	19456

(5) One representative of the Department;

19457

(6) One representative of the public nominated by the	19458
Director;	19459

(7) At least one representative of a district established by	19460
the Department.	19461

(C) The Task Force shall submit its recommendations to the	19462
Director by January 31, 2015. After submitting its	19463
recommendations, the Task Force ceases to exist.	19464

Section 757.10. Notwithstanding Chapter 5735. of the Revised	19465
Code, the following shall apply for the period of July 1, 2013,	19466
through June 30, 2015:	19467

(A) For the discount under section 5735.06 of the Revised	19468
Code, if the monthly report is timely filed and the tax is timely	19469
paid, one per cent of the total number of gallons of motor fuel	19470
received by the motor fuel dealer within the state during the	19471
preceding calendar month, less the total number of gallons	19472
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	19473
the Revised Code, less one-half of one per cent of the total	19474
number of gallons of motor fuel that were sold to a retail dealer	19475
during the preceding calendar month.	19476

(B) For the semiannual periods ending December 31, 2013, June	19477
30, 2014, December 31, 2014, and June 30, 2015, the refund	19478
provided to retail dealers under section 5735.141 of the Revised	19479
Code shall be one-half of one per cent of the Ohio motor fuel	19480
taxes paid on fuel purchased during those semiannual periods.	19481

Section 757.20. (A) The Department of Taxation shall notify	19482
taxpayers of the requirement to separately identify taxable gross	19483
receipts attributable to motor fuel used for propelling vehicles	19484
on public highways as distinguished from other taxable gross	19485
receipts. The Department shall collect data from taxpayers	19486
affected by the amendments to sections 5751.02, 5751.051, and	19487
5751.20 of the Revised Code to determine which of such taxpayers'	19488
receipts received between December 7, 2012, and June 30, 2013,	19489
were attributable to motor fuel used for propelling vehicles on	19490
public highways.	19491

(B)(1) On or before June 25, 2013, the Tax Commissioner shall	19492
certify to the Director of Budget and Management an estimated	19493
amount of commercial activity tax revenue received between	19494
December 7, 2012, and June 30, 2013, derived from taxable gross	19495
receipts attributable to motor fuel used for propelling vehicles	19496
on public highways. On or before June 30, 2013, the Director shall	19497
transfer the amount so certified from the General Revenue Fund to	19498
the Commercial Activity Tax Motor Fuel Receipts Fund.	19499

(2) Before the Director of Budget and Management completes	19500
the transfer required under division (B)(2) of section 5751.20 of	19501
the Revised Code on or before November 20, 2013, the Commissioner	19502
shall certify a reconciliation of the amount described in division	19503
(B)(1) of this section to the Director based on information the	19504
Commissioner receives from taxpayers affected by the amendment by	19505
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	19506
Code. The director shall use that certified, reconciled amount to	19507
offset or augment the transfer required to be made by the Director	19508
on or before November 20, 2013.	19509

(C) The Tax Commissioner shall make the first calculation and	19510
payment required under division (B)(2) of section 5751.20 of the	19511
Revised Code, as amended by this act, on or before November 20,	19512
2013, using, for the purpose of that calculation, taxable gross	19513
receipts attributed to motor fuel used for propelling vehicles on	19514
public highways as indicated by returns due by November 10, 2013.	19515

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	19516
APPROPRIATIONS	19517

Law contained in the main operating appropriations act of the	19518
130th General Assembly that is generally applicable to the	19519
appropriations made in the main operating appropriations act also	19520
is generally applicable to the appropriations made in this act.	19521

Section 801.20. As used in the uncodified law of this act,	19522
"American Recovery and Reinvestment Act of 2009" means the	19523
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	19524
111-5, 123 Stat. 115.	19525

Section 803.10. The repeal of section 3791.11 of the Revised	19526
Code does not cancel or otherwise terminate a bond that is in	19527
effect on the effective date of the repeal. Such a bond continues	19528
in effect and expires according to its terms. Upon expiration of	19529
the bond, the depositor is not required to renew the bond and any	19530
amount posted shall be returned to the depositor.	19531

Section 803.20. The amendment or enactment by this act of	19532
sections 5747.053, 5747.08, and 5747.98 of the Revised Code	19533
applies to taxable years ending on or after the effective date of	19534
this act.	19535

Section 806.10. The items of law contained in this act, and	19536
their applications, are severable. If any item of law contained in	19537
this act, or if any application of any item of law contained in	19538
this act, is held invalid, the invalidity does not affect other	19539
items of law contained in this act and their applications that can	19540
be given effect without the invalid item or application.	19541

Section 812.10. Except as otherwise provided in this act,	19542
the amendment, enactment, or repeal by this act of a section of	19543
law is subject to the referendum under Ohio Constitution, Article	19544
II, Section 1c and therefore takes effect on the ninety-first day	19545
after this act is filed with the Secretary of State or, if a later	19546
effective date is specified below, on that date.	19547

Section 812.20. In this section, an "appropriation" includes	19548
another provision of law in this act that relates to the subject	19549
of the appropriation.	19550

An appropriation of money made in this act is not subject to	19551
the referendum insofar as a contemplated expenditure authorized	19552
thereby is wholly to meet a current expense within the meaning of	19553
Ohio Constitution, Article II, Section 1d and section 1.471 of the	19554
Revised Code. To that extent, the appropriation takes effect	19555
immediately when this act becomes law. Conversely, the	19556
appropriation is subject to the referendum insofar as a	19557
contemplated expenditure authorized thereby is wholly or partly	19558
not to meet a current expense within the meaning of Ohio	19559
Constitution, Article II, Section 1d and section 1.471 of the	19560
Revised Code. To that extent, the appropriation takes effect on	19561
the ninety-first day after this act is filed with the Secretary of	19562
State.	19563

Section 812.20.10. The amendment or enactment by this act of	19564
division (A)(3) of section 5751.051 of the Revised Code, division	19565
(J) of section 5751.20 of the Revised Code, and Section 757.20 of	19566
this act is exempt from the referendum under Ohio Constitution,	19567
Article II, Section 1d and section 1.471 of the Revised Code, and	19568
therefore takes effect immediately when this act becomes law.	19569

Section 812.20.20. The amendment by this act of sections	19570
5751.02, 5751.051, except for division (A)(3) of that section, and	19571
5751.20 of the Revised Code, except for division (J) of that	19572
section, take effect on July 1, 2013.	19573

Section 812.30. The amendment by this act of Section 10 of	19574
Am. Sub. H.B. 386 of the 129th General Assembly goes into	19575
immediate effect.	19576

Section 815.10. The General Assembly, applying the principle	19577
stated in division (B) of section 1.52 of the Revised Code that	19578
amendments are to be harmonized if reasonably capable of	19579
simultaneous operation, finds that the following sections,	19580
presented in this act as composites of the sections as amended by	19581
the acts indicated, are the resulting versions of the sections in	19582
effect prior to the effective date of the sections as presented in	19583
this act:	19584

Section 5739.02 of the Revised Code as amended by both Am.	19585
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	19586

Section 5747.01 of the Revised Code as amended by Am. H.B.	19587
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	19588
General Assembly.	19589

Section 5747.98 of the Revised Code as amended by Am. Sub.	19590
H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	19591

Section 5751.01 of the Revised Code as amended by both Am.	19592
Sub. H.B. 472 and Am. Sub. H.B. 510 of the 129th General Assembly.	19593

Section 5751.20 of the Revised Code as amended by both Am.	19594
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	19595