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


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

Spectrum: Moderate Partisan Bill (Republican 23-3)

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

Download: Ohio-2013-HB51-Comm_Sub.html
As Reported by the Committee of Conference

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 51


Representatives McGregor, Patmon 

Cosponsors: Representatives Wachtmann, Amstutz, Beck, Grossman, Hackett, Huffman, Perales, Sears, Sprague, Stebelton, Terhar, Speaker Batchelder 

Senators Manning, Balderson, Beagle, Brown, Cafaro, Hite, Hughes, Lehner, Patton, Peterson, Schaffer, Uecker 



A BILL
To amend sections 9.33, 126.06, 126.503, 127.14, 1
153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 2
505.37, 505.375, 505.44, 505.72, 718.01, 2913.01, 3
2913.02, 2913.51, 2937.221, 3354.13, 3355.10, 4
3357.12, 3705.242, 3791.12, 3791.13, 3791.99, 5
4501.01, 4501.03, 4501.04, 4501.041, 4501.042, 6
4501.043, 4501.06, 4503.03, 4503.04, 4503.042, 7
4503.07, 4503.103, 4503.11, 4503.19, 4503.191, 8
4503.22, 4503.42, 4503.45, 4503.49, 4504.19, 9
4504.21, 4505.11, 4506.08, 4506.09, 4507.011, 10
4507.05, 4507.23, 4511.01, 4511.13, 4511.21, 11
4511.61, 4513.263, 4513.34, 4513.53, 4513.66, 12
4517.021, 4561.01, 4561.06, 4561.07, 4561.08, 13
4561.09, 4561.12, 4561.21, 4582.06, 4737.04, 14
4737.99, 4743.05, 4765.02, 4765.03, 4765.04, 15
4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 16
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 17
4765.112, 4765.113, 4765.114, 4765.115, 4765.116, 18
4765.12, 4765.15, 4765.16, 4765.17, 4765.18, 19
4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 20
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 21
4765.39, 4765.40, 4765.42, 4765.48, 4765.49, 22
4765.55, 4765.56, 4766.01, 4766.03, 4766.04, 23
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 24
4766.11, 4766.12, 4766.13, 4766.15, 4766.22, 25
5501.03, 5501.17, 5501.31, 5501.51, 5501.73, 26
5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 27
5503.31, 5503.32, 5513.01, 5517.02, 5525.01, 28
5525.16, 5526.01, 5533.121, 5533.31, 5537.01, 29
5537.02, 5537.03, 5537.04, 5537.05, 5537.051, 30
5537.06, 5537.07, 5537.08, 5537.09, 5537.11, 31
5537.12, 5537.13, 5537.14, 5537.15, 5537.16, 32
5537.17, 5537.19, 5537.20, 5537.21, 5537.22, 33
5537.24, 5537.25, 5537.26, 5537.27, 5537.28, 34
5537.30, 5577.05, 5728.01, 5735.05, 5735.23, 35
5739.02, 5747.01, 5751.01, 5751.02, 5751.051, and 36
5751.20; to enact sections 4501.031, 4503.192, 37
4503.83, 4582.171, 4765.59, 5517.021, 5537.18, 38
5553.051, and 5577.044 ; and to repeal sections 39
126.60, 126.601, 126.602, 126.603, 126.604, 40
126.605, 3791.11, 4766.02, 4766.20, 4981.36, 41
4981.361, and 5540.151 of the Revised Code; to 42
amend Section 10 of Am. Sub. H.B. 386 of the 129th 43
General Assembly; and to amend Sections 203.80 and 44
203.83 of Sub. H.B. 482 of the 129th General 45
Assembly; to amend the versions of sections 46
4501.01, 4503.04, 4503.22, 4507.05, and 4511.01 of 47
the Revised Code that are scheduled to take effect 48
January 1, 2017, to continue the amendments by 49
this act on and after that effective date; to make 50
appropriations for programs related to 51
transportation and public safety for the biennium 52
beginning July 1, 2013, and ending June 30, 2015, 53
and to provide authorization and conditions for 54
the operation of those programs.55


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

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

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

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

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

       (2) As used in division (B)(1) of this section:102

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

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

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

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

       (E) "Qualified" means having the following qualifications:116

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

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

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

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

       (5) Other similar factors.134

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

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

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

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

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

       Sec. 126.503.  All state agencies shall control nonessential179
travel expenses by doing all of the following: 180

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

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

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

       (D) Using fleet vehicles for official state travel whenever 188
possible; and189

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (5) A life-cycle cost analysis;320

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

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

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

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

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

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

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

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

       (D) "Qualifications" means all of the following:352

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (10) Develop a standardized methodology for evaluating 470
capital improvement needs which will be used by local subdivisions 471
in preparing the plans required by division (C) of section 164.06 472
of the Revised Code. The director shall develop this methodology 473
not later than July 1, 1991.474

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

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

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

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

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

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

       (3) Loans made to the local subdivision under this chapter;519

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       A board of county commissioners, by adoption of an 667
appropriate resolution, may choose to have the Ohiostate board of 668
emergency medical, fire, and transportation boardservices license 669
any emergency medical service organization it operates. If a board 670
adopts such a resolution, Chapter 4766. of the Revised Code, 671
except for sections 4766.06 and 4766.99 of the Revised Code, 672
applies to the county emergency medical service organization. All 673
rules adopted under the applicable sections of that chapter also 674
apply to the organization. A board, by adoption of an appropriate 675
resolution, may remove its emergency medical service organization 676
from the jurisdiction of the Ohiostate board of emergency677
medical, fire, and transportation boardservices.678

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       A board of township trustees, by adoption of an appropriate 980
resolution, may choose to have the Ohiostate board of emergency981
medical, fire, and transportation boardservices license any 982
emergency medical service organization it operates. If the board 983
adopts such a resolution, Chapter 4766. of the Revised Code, 984
except for sections 4766.06 and 4766.99 of the Revised Code, 985
applies to the organization. All rules adopted under the 986
applicable sections of that chapter also apply to the 987
organization. A board of township trustees, by adoption of an 988
appropriate resolution, may remove its emergency medical service 989
organization from the jurisdiction of the Ohiostate board of 990
emergency medical, fire, and transportation boardservices.991

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (E) As used in this section:1175

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

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

       Sec. 505.44.  As used in this section:1182

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

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

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

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

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

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

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

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

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

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

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

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

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

       Sec. 718.01.  (A) As used in this chapter:1304

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (b) A municipal corporation acting as the agent of another 1407
municipal corporation; and1408

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

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

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

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

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

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

        1435

 FOR THE INCOME TAX 1436
 AGAINST THE INCOME TAX  " 1437

        1438

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

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

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

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

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

       (a) Compensation arising from the sale, exchange, or other 1455
disposition of a stock option, the exercise of a stock option, or 1456
the sale, exchange, or other disposition of stock purchased under 1457
a stock option; or1458

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

       (2) The legislative authority of a municipal corporation may 1462
adopt an ordinance or resolution that allows a taxpayer who is an 1463
individual to deduct, in computing the taxpayer's municipal income 1464
tax liability, an amount equal to the aggregate amount the 1465
taxpayer paid in cash during the taxable year to a health savings 1466
account of the taxpayer, to the extent the taxpayer is entitled to 1467
deduct that amount on internal revenue service form 1040.1468

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (I) Any municipal corporation that taxes any type of 1615
intangible income on March 29, 1988, pursuant to Section 3 of 1616
Amended Substitute Senate Bill No. 238 of the 116th general 1617
assembly, may continue to tax that type of income after 1988 if a 1618
majority of the electors of the municipal corporation voting on 1619
the question of whether to permit the taxation of that type of 1620
intangible income after 1988 vote in favor thereof at an election 1621
held on November 8, 1988.1622

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

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

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

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

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

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

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

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

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

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

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

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

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

       (C) "Deprive" means to do any of the following:1675

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

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

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

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

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

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

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

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

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

       (1) Receive a coin, bill, or token made for that purpose;1712

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

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

       (K) "Theft offense" means any of the following:1720

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (II)(1) "Computer hacking" means any of the following:1863

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (3) By deception;1940

       (4) By threat;1941

       (5) By intimidation.1942

       (B)(1) Whoever violates this section is guilty of theft.1943

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Sec. 3357.12.  The ownership of a technical college, created 2250
and established pursuant to section 3357.07 of the Revised Code, 2251
including all right, title, and interest in and to all property, 2252
both real and personal, pertaining thereto, shall be vested in the 2253
board of trustees of the technical college district in which such 2254
college is situated. The board may acquire by appropriation any 2255
land, rights, rights-of-way, franchises, easements, or other 2256
property necessary or proper for the construction or the efficient 2257
operation of any facility of the technical college district, 2258
pursuant to the procedure provided in section 5537.06 of the 2259
Revised Code, with respect to the Ohio turnpike and infrastructure2260
commission, and insofar as such procedure is applicable.2261

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

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

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

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

       (B) The treasurer of state shall deposit the fees paid or 2300
forwarded under this section in the state treasury to the credit 2301
of the family violence prevention fund, which is hereby created. A 2302
person or government entity that fails to pay or forward the fees 2303
in a timelythe manner, as determined by the treasurer of state2304
described in this section, shall send to the treasurer of state, 2305
in addition to the fees,department of public safety a penalty 2306
equal to ten per cent of the fees. The department of public safety 2307
shall forward all collected late fees to the treasurer of state 2308
for deposit into the family violence prevention fund in accordance 2309
with rules adopted by the treasurer of state under section 113.08 2310
of the Revised Code.2311

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (K) "Bicycle" means every device, other than a tricycle2517
device that is designed solely for use as a play vehicle by a 2518
child, that is propelled solely by human power upon which anya2519
person may ride, and that has two tandemor more wheels, or one 2520
wheel in front and two wheels in the rear, or two wheels in the 2521
front and one wheel in the rear, any of which is more than 2522
fourteen inches in diameter.2523

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

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

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

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

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

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

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

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

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

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

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

       (6) It is classed as one of the following:2586

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Sec. 4501.041.  Except as provided in section 4501.042 of the 2987
Revised Code, all moneys received under section 4504.09 of the 2988
Revised Code with respect to counties levying county motor vehicle 2989
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of 2990
the Revised Code and paid into the state treasury under section 2991
4501.034501.031 of the Revised Code shall be distributed to the 2992
respective counties levying such taxes for allocation and 2993
distribution as provided in section 4504.05 of the Revised Code.2994

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

       Sec. 4501.043.  All moneys received under section 4504.09 of 3006
the Revised Code with respect to townships levying township 3007
license taxes pursuant to section 4504.18 of the Revised Code and 3008
paid into the state treasury under section 4501.034501.031 of the 3009
Revised Code shall be distributed to the respective townships 3010
levying such taxes for allocation and distribution as provided in 3011
section 4504.19 of the Revised Code.3012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (J) Each deputy registrar shall file a report semi-annually3307
semiannually with the registrar of motor vehicles listing the 3308
number of applicants for licenses the deputy has served, the 3309
number of voter registration applications the deputy has completed 3310
and transmitted to the board of elections, and the number of voter 3311
registration applications declined.3312

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

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

       (1) For each motorized bicycle, ten dollars;3320

       (2) For each motorcycle, fourteen dollars.3321

       (B) For each passenger car, twenty dollars;3322

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

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

       (E) For each noncommercial trailer, the license tax is:3331

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

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

       (F) Notwithstanding its weight, twelve dollars for any:3338

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (P) As used in this section:3511

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

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

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

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

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

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

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

       (1) Not more than two thousand pounds, forty-five dollars;3541

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (1) Not more than two thousand pounds, ten dollars;3585

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (5) Transit buses having motor power;3664

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

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

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

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

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

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

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

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

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

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

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

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

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

       (b)(i)(3) Except as provided in division (A)(1)(b)(ii)(4) of 3759
this section, the registrar shall adopt rules to permit any person 3760
who owns a motor vehicle to file an application for registration 3761
for the next twonot more than five succeeding registration years. 3762
At the time of application, the person shall pay the annual taxes 3763
and fees for each registration year, calculated in accordance with 3764
division (C) of section 4503.11 of the Revised Code. A person who 3765
is registering a vehicle under division (A)(1)(b)(3) of this 3766
section shall pay for each year of registration the additional fee 3767
established under division (C)(1) of section 4503.10 of the 3768
Revised Code. The person shall also pay one and one-half times the 3769
amount of the deputy registrar service fee specified in division 3770
(D) of section 4503.10 of the Revised Code or the bureau of motor 3771
vehicles service fee specified in division (G) of that section, as 3772
applicablefollows:3773

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (b) A validation sticker issued for an all-purpose vehicle 4013
that is registered under Chapter 4519. of the Revised Code or for 4014
a trailer or semitrailer that is permanently registered under 4015
division (A)(1)(a)(ii)(2) of section 4503.103 of the Revised Code 4016
or is registered for a period of not more than fiveany number of4017
succeeding registration years may indicate the expiration of the 4018
registration period, if any, by any manner determined by the 4019
registrar by rule.4020

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

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

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

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

       (B) This section does not apply to either of the following:4054

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       Sec. 4504.19.  Upon receipt by himthe county auditor of 4205
moneys pursuant to section 4501.043 of the Revised Code, the 4206
county auditor shall pay into the treasury of each township in the 4207
county levying a township motor vehicle license tax the portion of 4208
such money due the township as shown by the certificate of the 4209
registrar of motor vehicles prepared pursuant to section 4501.034210
4501.031 of the Revised Code. The money shall be used by the 4211
township only for the purposes described in section 4504.18 of the 4212
Revised Code.4213

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

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

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

       (D) Money received by the registrar of motor vehicles 4250
pursuant to sections 4501.03 andsection 4504.09 of the Revised 4251
Code that consists of the taxes levied under this section shall be 4252
deposited in the auto registration distributionlocal motor 4253
vehicle license tax fund created by section 4501.034501.031 of 4254
the Revised Code and distributed to the transportation improvement 4255
district levying such tax. The registrar may assign to the 4256
transportation improvement district a unique code to facilitate 4257
the distribution of such money, which may be the same unique code 4258
assigned to a county under section 4501.03 of the Revised Code.4259

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (C) Each deputy registrar shall transmit the fees collected 4528
under divisions (A)(1) and (B) of this section in the time and 4529
manner prescribed by the registrar. The registrar shall deposit 4530
all moneys receivedcollected under division (C)(A)(1) of this 4531
section into the state highway safetybureau of motor vehicles4532
fund established in section 4501.064501.25 of the Revised Code. 4533
The registrar shall deposit all moneys collected under division 4534
(B) of this section into the state highway safety fund established 4535
in section 4501.06 of the Revised Code.4536

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

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

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

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

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

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

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

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

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

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

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

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

       (a) The applicant has not had more than one license.4630

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (2) Surrenders to the registrar or deputy registrar the 4840
person's driver's license issued by the other jurisdiction; and4841

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

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

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

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

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

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

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

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

       (H) As used in this section:4898

       (1) "Eligible adult" means any of the following:4899

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

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

       (i) A parent, guardian, or custodian of the permit holder;4904

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

        (H) At the time and in the manner provided by section 4503.10 4973
of the Revised Code, the deputy registrar shall transmit the fees 4974
collected under divisions (A), (B), (C), (D), and (E), those 4975
portions of the fees specified in and collected under division 4976
(F), and the additional fee under division (G) of this section to 4977
the registrar. The registrar shall pay two dollars and fifty cents 4978
of each fee collected under divisions (A), (B), (C)(1) and (2), 4979
(D), and (E)(1) to (4) of this section, and the entire fee 4980
collected under division (E)(5) of this section, into the state 4981
highway safetybureau of motor vehicles fund established in 4982
section 4501.064501.25 of the Revised Code, and such fees shall 4983
be used for the sole purpose of supporting driver licensing 4984
activities. The registrar also shall pay five dollars of each fee 4985
collected under division (C)(2) of this section and the entire fee 4986
collected under division (G) of this section into the state 4987
highway safety fund created in section 4501.06 of the Revised 4988
Code. The remaining fees collected by the registrar under this 4989
section shall be paid into the state bureau of motor vehicles fund 4990
established in section 4501.25 of the Revised Code.4991

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

       (1) A temporary instruction permit and examination;4997

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

       (3) A motorcycle operator's endorsement;5000

       (4) A motorized bicycle license or duplicate thereof;5001

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

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

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

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

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

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

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

       (E) "Public safety vehicle" means any of the following:5041

       (1) Ambulances, including private ambulance companies under 5042
contract to a municipal corporation, township, or county, and 5043
private ambulances and nontransport vehicles bearing license 5044
plates issued under section 4503.49 of the Revised Code;5045

       (2) Motor vehicles used by public law enforcement officers or 5046
other persons sworn to enforce the criminal and traffic laws of 5047
the state;5048

       (3) Any motor vehicle when properly identified as required by 5049
the director of public safety, when used in response to fire 5050
emergency calls or to provide emergency medical service to ill or 5051
injured persons, and when operated by a duly qualified person who 5052
is a member of a volunteer rescue service or a volunteer fire 5053
department, and who is on duty pursuant to the rules or directives 5054
of that service. The state fire marshal shall be designated by the 5055
director of public safety as the certifying agency for all public 5056
safety vehicles described in division (E)(3) of this section.5057

       (4) Vehicles used by fire departments, including motor 5058
vehicles when used by volunteer fire fighters responding to 5059
emergency calls in the fire department service when identified as 5060
required by the director of public safety.5061

       Any vehicle used to transport or provide emergency medical 5062
service to an ill or injured person, when certified as a public 5063
safety vehicle, shall be considered a public safety vehicle when 5064
transporting an ill or injured person to a hospital regardless of 5065
whether such vehicle has already passed a hospital.5066

       (5) Vehicles used by the motor carrier enforcement unit for 5067
the enforcement of orders and rules of the public utilities 5068
commission as specified in section 5503.34 of the Revised Code.5069

       (F) "School bus" means every bus designed for carrying more 5070
than nine passengers that is owned by a public, private, or 5071
governmental agency or institution of learning and operated for 5072
the transportation of children to or from a school session or a 5073
school function, or owned by a private person and operated for 5074
compensation for the transportation of children to or from a 5075
school session or a school function, provided "school bus" does 5076
not include a bus operated by a municipally owned transportation 5077
system, a mass transit company operating exclusively within the 5078
territorial limits of a municipal corporation, or within such 5079
limits and the territorial limits of municipal corporations 5080
immediately contiguous to such municipal corporation, nor a common 5081
passenger carrier certified by the public utilities commission 5082
unless such bus is devoted exclusively to the transportation of 5083
children to and from a school session or a school function, and 5084
"school bus" does not include a van or bus used by a licensed 5085
child day-care center or type A family day-care home to transport 5086
children from the child day-care center or type A family day-care 5087
home to a school if the van or bus does not have more than fifteen 5088
children in the van or bus at any time.5089

       (G) "Bicycle" means every device, other than a tricycle5090
device that is designed solely for use as a play vehicle by a 5091
child, that is propelled solely by human power upon which anya5092
person may ride having, and that has two tandemor more wheels, 5093
or one wheel in the front and two wheels in the rear, or two 5094
wheels in the front and one wheel in the rear, any of which is 5095
more than fourteen inches in diameter.5096

       (H) "Motorized bicycle" means any vehicle having either two 5097
tandem wheels or one wheel in the front and two wheels in the 5098
rear, that is capable of being pedaled and is equipped with a 5099
helper motor of not more than fifty cubic centimeters piston 5100
displacement that produces no more than one brake horsepower and 5101
is capable of propelling the vehicle at a speed of no greater than 5102
twenty miles per hour on a level surface.5103

       (I) "Commercial tractor" means every motor vehicle having 5104
motive power designed or used for drawing other vehicles and not 5105
so constructed as to carry any load thereon, or designed or used 5106
for drawing other vehicles while carrying a portion of such other 5107
vehicles, or load thereon, or both.5108

       (J) "Agricultural tractor" means every self-propelling 5109
vehicle designed or used for drawing other vehicles or wheeled 5110
machinery but having no provision for carrying loads independently 5111
of such other vehicles, and used principally for agricultural 5112
purposes.5113

       (K) "Truck" means every motor vehicle, except trailers and 5114
semitrailers, designed and used to carry property.5115

       (L) "Bus" means every motor vehicle designed for carrying 5116
more than nine passengers and used for the transportation of 5117
persons other than in a ridesharing arrangement, and every motor 5118
vehicle, automobile for hire, or funeral car, other than a taxicab 5119
or motor vehicle used in a ridesharing arrangement, designed and 5120
used for the transportation of persons for compensation.5121

       (M) "Trailer" means every vehicle designed or used for 5122
carrying persons or property wholly on its own structure and for 5123
being drawn by a motor vehicle, including any such vehicle when 5124
formed by or operated as a combination of a "semitrailer" and a 5125
vehicle of the dolly type, such as that commonly known as a 5126
"trailer dolly," a vehicle used to transport agricultural produce 5127
or agricultural production materials between a local place of 5128
storage or supply and the farm when drawn or towed on a street or 5129
highway at a speed greater than twenty-five miles per hour, and a 5130
vehicle designed and used exclusively to transport a boat between 5131
a place of storage and a marina, or in and around a marina, when 5132
drawn or towed on a street or highway for a distance of more than 5133
ten miles or at a speed of more than twenty-five miles per hour.5134

       (N) "Semitrailer" means every vehicle designed or used for 5135
carrying persons or property with another and separate motor 5136
vehicle so that in operation a part of its own weight or that of 5137
its load, or both, rests upon and is carried by another vehicle.5138

       (O) "Pole trailer" means every trailer or semitrailer 5139
attached to the towing vehicle by means of a reach, pole, or by 5140
being boomed or otherwise secured to the towing vehicle, and 5141
ordinarily used for transporting long or irregular shaped loads 5142
such as poles, pipes, or structural members capable, generally, of 5143
sustaining themselves as beams between the supporting connections.5144

       (P) "Railroad" means a carrier of persons or property 5145
operating upon rails placed principally on a private right-of-way.5146

       (Q) "Railroad train" means a steam engine or an electric or 5147
other motor, with or without cars coupled thereto, operated by a 5148
railroad.5149

       (R) "Streetcar" means a car, other than a railroad train, for 5150
transporting persons or property, operated upon rails principally 5151
within a street or highway.5152

       (S) "Trackless trolley" means every car that collects its 5153
power from overhead electric trolley wires and that is not 5154
operated upon rails or tracks.5155

       (T) "Explosives" means any chemical compound or mechanical 5156
mixture that is intended for the purpose of producing an explosion 5157
that contains any oxidizing and combustible units or other 5158
ingredients in such proportions, quantities, or packing that an 5159
ignition by fire, by friction, by concussion, by percussion, or by 5160
a detonator of any part of the compound or mixture may cause such 5161
a sudden generation of highly heated gases that the resultant 5162
gaseous pressures are capable of producing destructive effects on 5163
contiguous objects, or of destroying life or limb. Manufactured 5164
articles shall not be held to be explosives when the individual 5165
units contain explosives in such limited quantities, of such 5166
nature, or in such packing, that it is impossible to procure a 5167
simultaneous or a destructive explosion of such units, to the 5168
injury of life, limb, or property by fire, by friction, by 5169
concussion, by percussion, or by a detonator, such as fixed 5170
ammunition for small arms, firecrackers, or safety fuse matches.5171

       (U) "Flammable liquid" means any liquid that has a flash 5172
point of seventy degrees fahrenheit, or less, as determined by a 5173
tagliabue or equivalent closed cup test device.5174

       (V) "Gross weight" means the weight of a vehicle plus the 5175
weight of any load thereon.5176

       (W) "Person" means every natural person, firm, 5177
co-partnership, association, or corporation.5178

       (X) "Pedestrian" means any natural person afoot.5179

       (Y) "Driver or operator" means every person who drives or is 5180
in actual physical control of a vehicle, trackless trolley, or 5181
streetcar.5182

       (Z) "Police officer" means every officer authorized to direct 5183
or regulate traffic, or to make arrests for violations of traffic 5184
regulations.5185

       (AA) "Local authorities" means every county, municipal, and 5186
other local board or body having authority to adopt police 5187
regulations under the constitution and laws of this state.5188

       (BB) "Street" or "highway" means the entire width between the 5189
boundary lines of every way open to the use of the public as a 5190
thoroughfare for purposes of vehicular travel.5191

       (CC) "Controlled-access highway" means every street or 5192
highway in respect to which owners or occupants of abutting lands 5193
and other persons have no legal right of access to or from the 5194
same except at such points only and in such manner as may be 5195
determined by the public authority having jurisdiction over such 5196
street or highway.5197

       (DD) "Private road or driveway" means every way or place in 5198
private ownership used for vehicular travel by the owner and those 5199
having express or implied permission from the owner but not by 5200
other persons.5201

       (EE) "Roadway" means that portion of a highway improved, 5202
designed, or ordinarily used for vehicular travel, except the berm 5203
or shoulder. If a highway includes two or more separate roadways 5204
the term "roadway" means any such roadway separately but not all 5205
such roadways collectively.5206

       (FF) "Sidewalk" means that portion of a street between the 5207
curb lines, or the lateral lines of a roadway, and the adjacent 5208
property lines, intended for the use of pedestrians.5209

       (GG) "Laned highway" means a highway the roadway of which is 5210
divided into two or more clearly marked lanes for vehicular 5211
traffic.5212

       (HH) "Through highway" means every street or highway as 5213