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

Ohio House Bill 51 (Prior Session Legislation)

Bill Title: That are scheduled to take effect January 1, 2017, to continue the amendments by this act on and after that effective date; to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2013, and ending June 30, 2015, and to provide authorization and conditions for the operation of those programs.

Spectrum: Moderate Partisan Bill (Republican 23-3)

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

Download: Ohio-2013-HB51-Comm_Sub.html

As Reported by the Committee of Conference

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 51

Representatives McGregor, Patmon

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

A BILL

To amend sections 9.33, 126.06, 126.503, 127.14,

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

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

2913.02, 2913.51, 2937.221, 3354.13, 3355.10,

3357.12, 3705.242, 3791.12, 3791.13, 3791.99,

4501.01, 4501.03, 4501.04, 4501.041, 4501.042,

4501.043, 4501.06, 4503.03, 4503.04, 4503.042,

4503.07, 4503.103, 4503.11, 4503.19, 4503.191,

4503.22, 4503.42, 4503.45, 4503.49, 4504.19,

4504.21, 4505.11, 4506.08, 4506.09, 4507.011,

4507.05, 4507.23, 4511.01, 4511.13, 4511.21,

4511.61, 4513.263, 4513.34, 4513.53, 4513.66,

4517.021, 4561.01, 4561.06, 4561.07, 4561.08,

4561.09, 4561.12, 4561.21, 4582.06, 4737.04,

4737.99, 4743.05, 4765.02, 4765.03, 4765.04,

4765.05, 4765.06, 4765.07, 4765.08, 4765.09,

4765.10, 4765.101, 4765.102, 4765.11, 4765.111,

4765.112, 4765.113, 4765.114, 4765.115, 4765.116,

4765.12, 4765.15, 4765.16, 4765.17, 4765.18,

4765.22, 4765.23, 4765.28, 4765.29, 4765.30,

4765.31, 4765.32, 4765.33, 4765.37, 4765.38,

4765.39, 4765.40, 4765.42, 4765.48, 4765.49,

4765.55, 4765.56, 4766.01, 4766.03, 4766.04,

4766.05, 4766.07, 4766.08, 4766.09, 4766.10,

4766.11, 4766.12, 4766.13, 4766.15, 4766.22,

5501.03, 5501.17, 5501.31, 5501.51, 5501.73,

5501.77, 5502.01, 5503.01, 5503.03, 5503.04,

5503.31, 5503.32, 5513.01, 5517.02, 5525.01,

5525.16, 5526.01, 5533.121, 5533.31, 5537.01,

5537.02, 5537.03, 5537.04, 5537.05, 5537.051,

5537.06, 5537.07, 5537.08, 5537.09, 5537.11,

5537.12, 5537.13, 5537.14, 5537.15, 5537.16,

5537.17, 5537.19, 5537.20, 5537.21, 5537.22,

5537.24, 5537.25, 5537.26, 5537.27, 5537.28,

5537.30, 5577.05, 5728.01, 5735.05, 5735.23,

5739.02, 5747.01, 5751.01, 5751.02, 5751.051, and

5751.20; to enact sections 4501.031, 4503.192,

4503.83, 4582.171, 4765.59, 5517.021, 5537.18,

5553.051, and 5577.044 ; and to repeal sections

126.60, 126.601, 126.602, 126.603, 126.604,

126.605, 3791.11, 4766.02, 4766.20, 4981.36,

4981.361, and 5540.151 of the Revised Code; to

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

General Assembly; and to amend Sections 203.80 and

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

Assembly; to amend the versions of sections

4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of

the Revised Code that are scheduled to take effect

January 1, 2017, to continue the amendments by

this act on and after that effective date; to make

appropriations for programs related to

transportation and public safety for the biennium

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

and to provide authorization and conditions for

the operation of those programs.

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

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

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

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

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

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

102

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

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

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

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

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

116

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

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

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

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

(5) Other similar factors.

134

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) A life-cycle cost analysis;

320

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

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

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

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

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

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

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

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

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

352

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

519

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(E) As used in this section:

1175

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

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

Sec. 505.44. As used in this section:

1182

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1304

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1435

		FOR THE INCOME TAX			1436
		AGAINST THE INCOME TAX	"		1437

1438

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1675

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

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

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

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

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

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

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

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

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

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

1712

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

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

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

1720

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1863

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) By deception;

1940

(4) By threat;

1941

(5) By intimidation.

1942

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

1943

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2586

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) For each motorized bicycle, ten dollars;

3320

(2) For each motorcycle, fourteen dollars.

3321

(B) For each passenger car, twenty dollars;

3322

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

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

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

3331

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

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

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

3338

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(P) As used in this section:

3511

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

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

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

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

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

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

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

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

3541

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3585

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) Transit buses having motor power;

3664

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4054

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4630

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(H) As used in this section:

4898

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

4899

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

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

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

4904

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A temporary instruction permit and examination;

4997

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

(3) A motorcycle operator's endorsement;

5000

(4) A motorized bicycle license or duplicate thereof;

5001

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

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

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

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

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

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

(D) "Emergency vehicle" means emergency vehicles of	5036
municipal, township, or county departments or public utility	5037
corporations when identified as such as required by law, the	5038
director of public safety, or local authorities, and motor	5039
vehicles when commandeered by a police officer.	5040

(E) "Public safety vehicle" means any of the following:

5041

(1) Ambulances, including private ambulance companies under	5042
contract to a municipal corporation, township, or county, and	5043
private ambulances and nontransport vehicles bearing license	5044
plates issued under section 4503.49 of the Revised Code;	5045

(2) Motor vehicles used by public law enforcement officers or	5046
other persons sworn to enforce the criminal and traffic laws of	5047
the state;	5048

(3) Any motor vehicle when properly identified as required by	5049
the director of public safety, when used in response to fire	5050
emergency calls or to provide emergency medical service to ill or	5051
injured persons, and when operated by a duly qualified person who	5052
is a member of a volunteer rescue service or a volunteer fire	5053
department, and who is on duty pursuant to the rules or directives	5054
of that service. The state fire marshal shall be designated by the	5055
director of public safety as the certifying agency for all public	5056
safety vehicles described in division (E)(3) of this section.	5057

(4) Vehicles used by fire departments, including motor	5058
vehicles when used by volunteer fire fighters responding to	5059
emergency calls in the fire department service when identified as	5060
required by the director of public safety.	5061

Any vehicle used to transport or provide emergency medical	5062
service to an ill or injured person, when certified as a public	5063
safety vehicle, shall be considered a public safety vehicle when	5064
transporting an ill or injured person to a hospital regardless of	5065
whether such vehicle has already passed a hospital.	5066

(5) Vehicles used by the motor carrier enforcement unit for	5067
the enforcement of orders and rules of the public utilities	5068
commission as specified in section 5503.34 of the Revised Code.	5069

(F) "School bus" means every bus designed for carrying more	5070
than nine passengers that is owned by a public, private, or	5071
governmental agency or institution of learning and operated for	5072
the transportation of children to or from a school session or a	5073
school function, or owned by a private person and operated for	5074
compensation for the transportation of children to or from a	5075
school session or a school function, provided "school bus" does	5076
not include a bus operated by a municipally owned transportation	5077
system, a mass transit company operating exclusively within the	5078
territorial limits of a municipal corporation, or within such	5079
limits and the territorial limits of municipal corporations	5080
immediately contiguous to such municipal corporation, nor a common	5081
passenger carrier certified by the public utilities commission	5082
unless such bus is devoted exclusively to the transportation of	5083
children to and from a school session or a school function, and	5084
"school bus" does not include a van or bus used by a licensed	5085
child day-care center or type A family day-care home to transport	5086
children from the child day-care center or type A family day-care	5087
home to a school if the van or bus does not have more than fifteen	5088
children in the van or bus at any time.	5089

(G) "Bicycle" means every device, other than a ~~tricycle~~	5090
device that is designed solely for use as a play vehicle by a	5091
child, that is propelled solely by human power upon which ~~any~~a	5092
person may ride ~~having~~, and that has two ~~tandem~~or more wheels,	5093
~~or one wheel in the front and two wheels in the rear, or two~~	5094
~~wheels in the front and one wheel in the rear,~~ any of which is	5095
more than fourteen inches in diameter.	5096

(H) "Motorized bicycle" means any vehicle having either two	5097
tandem wheels or one wheel in the front and two wheels in the	5098
rear, that is capable of being pedaled and is equipped with a	5099
helper motor of not more than fifty cubic centimeters piston	5100
displacement that produces no more than one brake horsepower and	5101
is capable of propelling the vehicle at a speed of no greater than	5102
twenty miles per hour on a level surface.	5103

(I) "Commercial tractor" means every motor vehicle having	5104
motive power designed or used for drawing other vehicles and not	5105
so constructed as to carry any load thereon, or designed or used	5106
for drawing other vehicles while carrying a portion of such other	5107
vehicles, or load thereon, or both.	5108

(J) "Agricultural tractor" means every self-propelling	5109
vehicle designed or used for drawing other vehicles or wheeled	5110
machinery but having no provision for carrying loads independently	5111
of such other vehicles, and used principally for agricultural	5112
purposes.	5113

(K) "Truck" means every motor vehicle, except trailers and	5114
semitrailers, designed and used to carry property.	5115

(L) "Bus" means every motor vehicle designed for carrying	5116
more than nine passengers and used for the transportation of	5117
persons other than in a ridesharing arrangement, and every motor	5118
vehicle, automobile for hire, or funeral car, other than a taxicab	5119
or motor vehicle used in a ridesharing arrangement, designed and	5120
used for the transportation of persons for compensation.	5121

(M) "Trailer" means every vehicle designed or used for	5122
carrying persons or property wholly on its own structure and for	5123
being drawn by a motor vehicle, including any such vehicle when	5124
formed by or operated as a combination of a "semitrailer" and a	5125
vehicle of the dolly type, such as that commonly known as a	5126
"trailer dolly," a vehicle used to transport agricultural produce	5127
or agricultural production materials between a local place of	5128
storage or supply and the farm when drawn or towed on a street or	5129
highway at a speed greater than twenty-five miles per hour, and a	5130
vehicle designed and used exclusively to transport a boat between	5131
a place of storage and a marina, or in and around a marina, when	5132
drawn or towed on a street or highway for a distance of more than	5133
ten miles or at a speed of more than twenty-five miles per hour.	5134

(N) "Semitrailer" means every vehicle designed or used for	5135
carrying persons or property with another and separate motor	5136
vehicle so that in operation a part of its own weight or that of	5137
its load, or both, rests upon and is carried by another vehicle.	5138

(O) "Pole trailer" means every trailer or semitrailer	5139
attached to the towing vehicle by means of a reach, pole, or by	5140
being boomed or otherwise secured to the towing vehicle, and	5141
ordinarily used for transporting long or irregular shaped loads	5142
such as poles, pipes, or structural members capable, generally, of	5143
sustaining themselves as beams between the supporting connections.	5144

(P) "Railroad" means a carrier of persons or property	5145
operating upon rails placed principally on a private right-of-way.	5146

(Q) "Railroad train" means a steam engine or an electric or	5147
other motor, with or without cars coupled thereto, operated by a	5148
railroad.	5149

(R) "Streetcar" means a car, other than a railroad train, for	5150
transporting persons or property, operated upon rails principally	5151
within a street or highway.	5152

(S) "Trackless trolley" means every car that collects its	5153
power from overhead electric trolley wires and that is not	5154
operated upon rails or tracks.	5155

(T) "Explosives" means any chemical compound or mechanical	5156
mixture that is intended for the purpose of producing an explosion	5157
that contains any oxidizing and combustible units or other	5158
ingredients in such proportions, quantities, or packing that an	5159
ignition by fire, by friction, by concussion, by percussion, or by	5160
a detonator of any part of the compound or mixture may cause such	5161
a sudden generation of highly heated gases that the resultant	5162
gaseous pressures are capable of producing destructive effects on	5163
contiguous objects, or of destroying life or limb. Manufactured	5164
articles shall not be held to be explosives when the individual	5165
units contain explosives in such limited quantities, of such	5166
nature, or in such packing, that it is impossible to procure a	5167
simultaneous or a destructive explosion of such units, to the	5168
injury of life, limb, or property by fire, by friction, by	5169
concussion, by percussion, or by a detonator, such as fixed	5170
ammunition for small arms, firecrackers, or safety fuse matches.	5171

(U) "Flammable liquid" means any liquid that has a flash	5172
point of seventy degrees fahrenheit, or less, as determined by a	5173
tagliabue or equivalent closed cup test device.	5174

(V) "Gross weight" means the weight of a vehicle plus the	5175
weight of any load thereon.	5176

(W) "Person" means every natural person, firm,	5177
co-partnership, association, or corporation.	5178

(X) "Pedestrian" means any natural person afoot.

5179

(Y) "Driver or operator" means every person who drives or is	5180
in actual physical control of a vehicle, trackless trolley, or	5181
streetcar.	5182

(Z) "Police officer" means every officer authorized to direct	5183
or regulate traffic, or to make arrests for violations of traffic	5184
regulations.	5185

(AA) "Local authorities" means every county, municipal, and	5186
other local board or body having authority to adopt police	5187
regulations under the constitution and laws of this state.	5188

(BB) "Street" or "highway" means the entire width between the	5189
boundary lines of every way open to the use of the public as a	5190
thoroughfare for purposes of vehicular travel.	5191

(CC) "Controlled-access highway" means every street or	5192
highway in respect to which owners or occupants of abutting lands	5193
and other persons have no legal right of access to or from the	5194
same except at such points only and in such manner as may be	5195
determined by the public authority having jurisdiction over such	5196
street or highway.	5197

(DD) "Private road or driveway" means every way or place in	5198
private ownership used for vehicular travel by the owner and those	5199
having express or implied permission from the owner but not by	5200
other persons.	5201

(EE) "Roadway" means that portion of a highway improved,	5202
designed, or ordinarily used for vehicular travel, except the berm	5203
or shoulder. If a highway includes two or more separate roadways	5204
the term "roadway" means any such roadway separately but not all	5205
such roadways collectively.	5206

(FF) "Sidewalk" means that portion of a street between the	5207
curb lines, or the lateral lines of a roadway, and the adjacent	5208
property lines, intended for the use of pedestrians.	5209

(GG) "Laned highway" means a highway the roadway of which is	5210
divided into two or more clearly marked lanes for vehicular	5211
traffic.	5212

(HH) "Through highway" means every street or highway as

5213

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Bill Text: OH HB51 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 51 (Prior Session Legislation)