Bill Text: OH HB35 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 35 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Republican 17-0)

Status: (Engrossed - Dead) 2013-03-05 - To Transportation [HB35 Detail]

Download: Ohio-2013-HB35-Engrossed.html

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 35

Representative McGregor

Cosponsors: Representatives Amstutz, Baker, Beck, Buchy, Damschroder, Grossman, Hackett, Hill, Huffman, McClain, Sears, Sprague, Stebelton, Wachtmann, Young, Speaker Batchelder

A BILL

To amend sections 9.33, 126.06, 127.14, 153.01,

153.65, 164.05, 307.05, 307.051, 307.055, 505.37,

505.375, 505.44, 505.72, 718.01, 3705.242,

3791.12, 3791.13, 3791.99, 4501.03, 4501.04,

4501.041, 4501.042, 4501.043, 4501.06, 4503.04,

4503.042, 4503.07, 4503.42, 4503.45, 4503.49,

4504.19, 4504.21, 4506.08, 4506.09, 4507.011,

4507.05, 4507.23, 4511.13, 4513.263, 4513.34,

4513.53, 4513.66, 4517.021, 4561.21, 4743.05,

4765.02, 4765.03, 4765.04, 4765.05, 4765.06,

4765.07, 4765.08, 4765.09, 4765.10, 4765.101,

4765.102, 4765.11, 4765.111, 4765.112, 4765.113,

4765.114, 4765.115, 4765.116, 4765.12, 4765.15,

4765.16, 4765.17, 4765.18, 4765.22, 4765.23,

4765.28, 4765.29, 4765.30, 4765.31, 4765.32,

4765.33, 4765.37, 4765.38, 4765.39, 4765.40,

4765.42, 4765.48, 4765.49, 4765.55, 4765.56,

4766.01, 4766.03, 4766.04, 4766.05, 4766.07,

4766.08, 4766.09, 4766.10, 4766.11, 4766.12,

4766.13, 4766.15, 4766.22, 5501.03, 5501.51,

5501.73, 5501.77, 5502.01, 5503.01, 5503.03,

5503.04, 5515.01, 5517.02, 5525.01, 5525.16,

5577.04, 5577.05, 5739.02, 5747.01, 5751.01,

5751.02, 5751.051, and 5751.20; to enact sections

4501.031, 4765.59, 5517.021, and 5553.051; and to

repeal sections 126.60, 126.601, 126.602, 126.603,

126.604, 126.605, 3791.11, 4766.02, 4766.20,

4981.36, and 4981.361 of the Revised Code; to

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

General Assembly; and to amend Sections 203.80 and

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

Assembly; to amend the versions of sections

4503.04 and 4507.05 of the Revised Code that are

scheduled to take effect January 1, 2017, to

continue the amendments by this act on and after

that effective date; to make appropriations for

programs related to transportation and public

safety for the biennium beginning July 1, 2013,

and ending June 30, 2015, and to provide

authorization and conditions for the operation of

those programs.

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

Section 101.01. That sections 9.33, 126.06, 127.14, 153.01,	42
153.65, 164.05, 307.05, 307.051, 307.055, 505.37, 505.375, 505.44,	43
505.72, 718.01, 3705.242, 3791.12, 3791.13, 3791.99, 4501.03,	44
4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.04, 4503.042,	45
4503.07, 4503.42, 4503.45, 4503.49, 4504.19, 4504.21, 4506.08,	46
4506.09, 4507.011, 4507.05, 4507.23, 4511.13, 4513.263, 4513.34,	47
4513.53, 4513.66, 4517.021, 4561.21, 4743.05, 4765.02, 4765.03,	48
4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09, 4765.10,	49
4765.101, 4765.102, 4765.11, 4765.111, 4765.112, 4765.113,	50
4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16, 4765.17,	51
4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30, 4765.31,	52
4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40, 4765.42,	53
4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03, 4766.04,	54
4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11, 4766.12,	55
4766.13, 4766.15, 4766.22, 5501.03, 5501.51, 5501.73, 5501.77,	56
5502.01, 5503.01, 5503.03, 5503.04, 5515.01, 5517.02, 5525.01,	57
5525.16, 5577.04, 5577.05, 5739.02, 5747.01, 5751.01, 5751.02,	58
5751.051, and 5751.20 be amended, and sections 4501.031, 4765.59,	59
5517.021, and 5553.051 of the Revised Code be enacted to read as	60
follows:	61

Sec. 9.33. As used in sections 9.33 to 9.335 of the Revised	62
Code:	63

(A) "Construction manager" means a person with substantial	64
discretion and authority to plan, coordinate, manage, and direct	65
all phases of a project for the construction, demolition,	66
alteration, repair, or reconstruction of any public building,	67
structure, or other improvement, but does not mean the person who	68
provides the professional design services or who actually performs	69
the construction, demolition, alteration, repair, or	70
reconstruction work on the project.	71

(B)(1) "Construction manager at risk" means a person with	72
substantial discretion and authority to plan, coordinate, manage,	73
direct, and construct all phases of a project for the	74
construction, demolition, alteration, repair, or reconstruction of	75
any public building, structure, or other improvement and who	76
provides the public authority a guaranteed maximum price as	77
determined in section 9.334 of the Revised Code.	78

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

(a) "Construct" includes performing, or subcontracting for	80
performing, construction, demolition, alteration, repair, or	81
reconstruction.	82

(b) "Manage" includes approving bidders and awarding	83
subcontracts for furnishing materials regarding, or for	84
performing, construction, demolition, alteration, repair, or	85
reconstruction.	86

(C) "Construction management contract" means a contract	87
between a public authority and another person obligating the	88
person to provide construction management services.	89

(D) "Construction management services" or "management	90
services" means the range of services that either a construction	91
manager or a construction manager at risk may provide.	92

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

(1) Competence to perform the required management services as	94
indicated by the technical training, education, and experience of	95
the construction manager's or construction manager at risk's	96
personnel, especially the technical training, education, and	97
experience of the construction manager's or construction manager	98
at risk's employees who would be assigned to perform the services;	99

(2) Ability in terms of workload and the availability of	100
qualified personnel, equipment, and facilities to perform the	101
required management services competently and expeditiously;	102

(3) Past performance as reflected by the evaluations of	103
previous clients with respect to factors such as control of costs,	104
quality of work, and meeting of deadlines;	105

(4) Financial responsibility as evidenced by the capability	106
to provide a letter of credit pursuant to Chapter 1305. of the	107
Revised Code, a surety bond, certified check, or cashier's check	108
in an amount equal to the value of the construction management	109
contract, or by other means acceptable to the public authority;	110

(5) Other similar factors.

111

(F)(1) "Public authority" means the state, any state	112
institution of higher education as defined in section 3345.011 of	113
the Revised Code, any county, township, municipal corporation,	114
school district, or other political subdivision, or any public	115
agency, authority, board, commission, instrumentality, or special	116
purpose district of the state or of a political subdivision.	117

(2) "Public authority" does not include the Ohio turnpike	118
commission or the department of transportation.	119

(G) "Open book pricing method" means a method in which a	120
construction manager at risk provides the public authority, at the	121
public authority's request, all books, records, documents, and	122
other data in its possession pertaining to the bidding, pricing,	123
or performance of a construction management contract awarded to	124
the construction manager at risk.	125

Sec. 126.06. The total operating fund consists of all funds	126
in the state treasury except the auto registration distribution	127
fund, local motor vehicle license tax fund, development bond	128
retirement fund, facilities establishment fund, gasoline excise	129
tax fund, higher education improvement fund, highway improvement	130
bond retirement fund, highway obligations bond retirement fund,	131
highway capital improvement fund, improvements bond retirement	132
fund, mental health facilities improvement fund, parks and	133
recreation improvement fund, public improvements bond retirement	134
fund, school district income tax fund, state agency facilities	135
improvement fund, state and local government highway distribution	136
fund, state highway safety fund, Vietnam conflict compensation	137
fund, any other fund determined by the director of budget and	138
management to be a bond fund or bond retirement fund, and such	139
portion of the highway operating fund as is determined by the	140
director of budget and management and the director of	141
transportation to be restricted by Section 5a of Article XII, Ohio	142
Constitution.	143

When determining the availability of money in the total	144
operating fund to pay claims chargeable to a fund contained within	145
the total operating fund, the director of budget and management	146
shall use the same procedures and criteria the director employs in	147
determining the availability of money in a fund contained within	148
the total operating fund. The director may establish limits on the	149
negative cash balance of the general revenue fund within the total	150
operating fund, but in no case shall the negative cash balance of	151
the general revenue fund exceed ten per cent of the total revenue	152
of the general revenue fund in the preceding fiscal year.	153

Sec. 127.14. The controlling board may, at the request of	154
any state agency or the director of budget and management,	155
authorize, with respect to the provisions of any appropriation	156
act:	157

(A) Transfers of all or part of an appropriation within but	158
not between state agencies, except such transfers as the director	159
of budget and management is authorized by law to make, provided	160
that no transfer shall be made by the director for the purpose of	161
effecting new or changed levels of program service not authorized	162
by the general assembly;	163

(B) Transfers of all or part of an appropriation from one	164
fiscal year to another;	165

(C) Transfers of all or part of an appropriation within or	166
between state agencies made necessary by administrative	167
reorganization or by the abolition of an agency or part of an	168
agency;	169

(D) Transfers of all or part of cash balances in excess of	170
needs from any fund of the state to the general revenue fund or to	171
such other fund of the state to which the money would have been	172
credited in the absence of the fund from which the transfers are	173
authorized to be made, except that the controlling board may not	174
authorize such transfers from the accrued leave liability fund,	175
auto registration distribution fund, local motor vehicle license	176
tax fund, budget stabilization fund, development bond retirement	177
fund, facilities establishment fund, gasoline excise tax fund,	178
general revenue fund, higher education improvement fund, highway	179
improvement bond retirement fund, highway obligations bond	180
retirement fund, highway capital improvement fund, highway	181
operating fund, horse racing tax fund, improvements bond	182
retirement fund, public library fund, liquor control fund, local	183
government fund, local transportation improvement program fund,	184
mental health facilities improvement fund, Ohio fairs fund, parks	185
and recreation improvement fund, public improvements bond	186
retirement fund, school district income tax fund, state agency	187
facilities improvement fund, state and local government highway	188
distribution fund, state highway safety fund, state lottery fund,	189
undivided liquor permit fund, Vietnam conflict compensation bond	190
retirement fund, volunteer fire fighters' dependents fund,	191
waterways safety fund, wildlife fund, workers' compensation fund,	192
or any fund not specified in this division that the director of	193
budget and management determines to be a bond fund or bond	194
retirement fund;	195

(E) Transfers of all or part of those appropriations included	196
in the emergency purposes account of the controlling board;	197

(F) Temporary transfers of all or part of an appropriation or	198
other moneys into and between existing funds, or new funds, as may	199
be established by law when needed for capital outlays for which	200
notes or bonds will be issued;	201

(G) Transfer or release of all or part of an appropriation to	202
a state agency requiring controlling board approval of such	203
transfer or release as provided by law;	204

(H) Temporary transfer of funds included in the emergency	205
purposes appropriation of the controlling board. Such temporary	206
transfers may be made subject to conditions specified by the	207
controlling board at the time temporary transfers are authorized.	208
No transfers shall be made under this division for the purpose of	209
effecting new or changed levels of program service not authorized	210
by the general assembly.	211

As used in this section, "request" means an application by a	212
state agency or the director of budget and management seeking some	213
action by the controlling board.	214

When authorizing the transfer of all or part of an	215
appropriation under this section, the controlling board may	216
authorize the transfer to an existing appropriation item and the	217
creation of and transfer to a new appropriation item.	218

Whenever there is a transfer of all or part of funds included	219
in the emergency purposes appropriation by the controlling board,	220
pursuant to division (E) of this section, the state agency or the	221
director of budget and management receiving such transfer shall	222
keep a detailed record of the use of the transferred funds. At the	223
earliest scheduled meeting of the controlling board following the	224
accomplishment of the purposes specified in the request originally	225
seeking the transfer, or following the total expenditure of the	226
transferred funds for the specified purposes, the state agency or	227
the director of budget and management shall submit a report on the	228
expenditure of such funds to the board. The portion of any	229
appropriation so transferred which is not required to accomplish	230
the purposes designated in the original request to the controlling	231
board shall be returned to the proper appropriation of the	232
controlling board at this time.	233

Notwithstanding any provisions of law providing for the	234
deposit of revenues received by a state agency to the credit of a	235
particular fund in the state treasury, whenever there is a	236
temporary transfer of funds included in the emergency purposes	237
appropriation of the controlling board pursuant to division (H) of	238
this section, revenues received by any state agency receiving such	239
a temporary transfer of funds shall, as directed by the	240
controlling board, be transferred back to the emergency purposes	241
appropriation.	242

The board may delegate to the director of budget and	243
management authority to approve transfers among items of	244
appropriation under division (A) of this section.	245

Sec. 153.01. (A) Whenever any building or structure for the	246
use of the state or any institution supported in whole or in part	247
by the state or in or upon the public works of the state that is	248
administered by the Ohio facilities construction commission or by	249
any other state officer or state agency authorized by law to	250
administer a project, including an educational institution listed	251
in section 3345.50 of the Revised Code, is to be erected or	252
constructed, whenever additions, alterations, or structural or	253
other improvements are to be made, or whenever heating, cooling,	254
or ventilating plants or other equipment is to be installed or	255
material supplied therefor, the estimated cost of which amounts to	256
two hundred thousand dollars or more, or the amount determined	257
pursuant to section 153.53 of the Revised Code or more, each	258
officer, board, or other authority upon which devolves the duty of	259
constructing, erecting, altering, or installing the same, referred	260
to in sections 153.01 to 153.60 of the Revised Code as the public	261
authority, shall cause to be made, by an architect or engineer	262
whose contract of employment shall be prepared and approved by the	263
attorney general, the following:	264

(1) Full and accurate plans, suitable for the use of	265
mechanics and other builders in the construction, improvement,	266
addition, alteration, or installation;	267

(2) Details to scale and full-sized, so drawn and represented	268
as to be easily understood;	269

(3) Definite and complete specifications of the work to be	270
performed, together with directions that will enable a competent	271
mechanic or other builder to carry them out and afford bidders all	272
needful information;	273

(4) A full and accurate estimate of each item of expense and	274
the aggregate cost of those items of expense;	275

(5) A life-cycle cost analysis;

276

(6) Further data as may be required by the Ohio facilities	277
construction commission.	278

(B)(1) Division (A) of this section shall not be required	279
with respect to a construction management contract entered into	280
with a construction manager at risk as described in section 9.334	281
of the Revised Code or a design-build contract entered into with a	282
design-build firm as described in section 153.693 of the Revised	283
Code.	284

(2) Nothing in this chapter shall interfere with the power of	285
the director of transportation to prepare plans for, acquire	286
rights-of-way for, construct, or maintain transportation	287
facilities, or to let contracts for those purposes.	288

Sec. 153.65. As used in sections 153.65 to 153.73 of the	289
Revised Code:	290

(A)(1) "Public authority" means the state, a state	291
institution of higher education as defined in section 3345.011 of	292
the Revised Code, a county, township, municipal corporation,	293
school district, or other political subdivision, or any public	294
agency, authority, board, commission, instrumentality, or special	295
purpose district of the state or of a political subdivision.	296

(2) "Public authority" does not include the Ohio turnpike	297
commission or the department of transportation.	298

(B) "Professional design firm" means any person legally	299
engaged in rendering professional design services.	300

(C) "Professional design services" means services within the	301
scope of practice of an architect or landscape architect	302
registered under Chapter 4703. of the Revised Code or a	303
professional engineer or surveyor registered under Chapter 4733.	304
of the Revised Code.	305

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

306

(1)(a) For a professional design firm, competence to perform	307
the required professional design services as indicated by the	308
technical training, education, and experience of the firm's	309
personnel, especially the technical training, education, and	310
experience of the employees within the firm who would be assigned	311
to perform the services;	312

(b) For a design-build firm, competence to perform the	313
required design-build services as indicated by the technical	314
training, education, and experience of the design-build firm's	315
personnel and key consultants, especially the technical training,	316
education, and experience of the employees and consultants of the	317
design-build firm who would be assigned to perform the services,	318
including the proposed architect or engineer of record.	319

(2) Ability of the firm in terms of its workload and the	320
availability of qualified personnel, equipment, and facilities to	321
perform the required professional design services or design-build	322
services competently and expeditiously;	323

(3) Past performance of the firm as reflected by the	324
evaluations of previous clients with respect to such factors as	325
control of costs, quality of work, and meeting of deadlines;	326

(4) Any other relevant factors as determined by the public	327
authority;	328

(5) With respect to a design-build firm, compliance with	329
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	330
including the use of a licensed design professional for all design	331
services.	332

(E) "Design-build contract" means a contract between a public	333
authority and another person that obligates the person to provide	334
design-build services.	335

(F) "Design-build firm" means a person capable of providing	336
design-build services.	337

(G) "Design-build services" means services that form an	338
integrated delivery system for which a person is responsible to a	339
public authority for both the design and construction, demolition,	340
alteration, repair, or reconstruction of a public improvement.	341

(H) "Architect or engineer of record" means the architect or	342
engineer that serves as the final signatory on the plans and	343
specifications for the design-build project.	344

(I) "Criteria architect or engineer" means the architect or	345
engineer retained by a public authority to prepare conceptual	346
plans and specifications, to assist the public authority in	347
connection with the establishment of the design criteria for a	348
design-build project, and, if requested by the public authority,	349
to serve as the representative of the public authority and	350
provide, during the design-build project, other design and	351
construction administration services on behalf of the public	352
authority, including but not limited to, confirming that the	353
design prepared by the design-build firm reflects the original	354
design intent established in the design criteria package.	355

(J) "Open book pricing method" means a method in which a	356
design-build firm provides the public authority, at the public	357
authority's request, all books, records, documents, contracts,	358
subcontracts, purchase orders, and other data in its possession	359
pertaining to the bidding, pricing, or performance of a contract	360
for design-build services awarded to the design-build firm.	361

Sec. 164.05. (A) The director of the Ohio public works	362
commission shall do all of the following:	363

(1) Approve requests for financial assistance from district	364
public works integrating committees and enter into agreements with	365
one or more local subdivisions to provide loans, grants, and local	366
debt support and credit enhancements for a capital improvement	367
project if the director determines that:	368

(a) The project is an eligible project pursuant to this	369
chapter;	370

(b) The financial assistance for the project has been	371
properly approved and requested by the district committee of the	372
district which includes the recipient of the loan or grant;	373

(c) The amount of the financial assistance, when added to all	374
other financial assistance provided during the fiscal year for	375
projects within the district, does not exceed that district's	376
allocation of money from the state capital improvements fund for	377
that fiscal year;	378

(d) The district committee has provided such documentation	379
and other evidence as the director may require that the district	380
committee has satisfied the requirements of section 164.06 or	381
164.14 of the Revised Code;	382

(e) The portion of a district's annual allocation which the	383
director approves in the form of loans and local debt support and	384
credit enhancements for eligible projects is consistent with	385
divisions (E) and (F) of this section.	386

(2) Authorize payments to local subdivisions or their	387
contractors for costs incurred for capital improvement projects	388
which have been approved pursuant to this chapter. All requests	389
for payments shall be submitted to the director on forms and in	390
accordance with procedures specified in rules adopted by the	391
director pursuant to division (A)(4) of this section.	392

(3) Retain the services of or employ financial consultants,	393
engineers, accountants, attorneys, and such other employees as the	394
director determines are necessary to carry out the director's	395
duties under this chapter and fix the compensation for their	396
services;. From among these employees, the director shall appoint	397
a deputy with the necessary qualifications to act as the director	398
when the director is absent or temporarily unable to carry out the	399
duties of office.	400

(4) Adopt rules establishing the procedures for making	401
applications, reviewing, approving, and rejecting projects for	402
which assistance is authorized under this chapter, and any other	403
rules needed to implement the provisions of this chapter. Such	404
rules shall be adopted under Chapter 119. of the Revised Code.	405

(5) Provide information and other assistance to local	406
subdivisions and district public works integrating committees in	407
developing their requests for financial assistance for capital	408
improvements under this chapter and encourage cooperation and	409
coordination of requests and the development of multisubdivision	410
and multidistrict projects in order to maximize the benefits that	411
may be derived by districts from each year's allocation;	412

(6) Require local subdivisions, to the extent practicable, to	413
use Ohio products, materials, services, and labor in connection	414
with any capital improvement project financed in whole or in part	415
under this chapter;	416

(7) Notify the director of budget and management of all	417
approved projects, and supply all information necessary to track	418
approved projects through the state accounting system;	419

(8) Appoint the administrator of the Ohio small government	420
capital improvements commission;	421

(9) Do all other acts, enter into contracts, and execute all	422
instruments necessary or appropriate to carry out this chapter;	423

(10) Develop a standardized methodology for evaluating	424
capital improvement needs which will be used by local subdivisions	425
in preparing the plans required by division (C) of section 164.06	426
of the Revised Code. The director shall develop this methodology	427
not later than July 1, 1991.	428

(11) Establish a program to provide local subdivisions with	429
technical assistance in preparing project applications. The	430
program shall be designed to assist local subdivisions that lack	431
the financial or technical resources to prepare project	432
applications on their own.	433

(B) When the director of the Ohio public works commission	434
decides to conditionally approve or disapprove projects, the	435
director's decisions and the reasons for which they are made shall	436
be made in writing. These written decisions shall be conclusive	437
for the purposes of the validity and enforceability of such	438
determinations.	439

(C) Fees, charges, rates of interest, times of payment of	440
interest and principal, and other terms, conditions, and	441
provisions of and security for financial assistance provided	442
pursuant to the provisions of this chapter shall be such as the	443
director determines to be appropriate. If any payments required by	444
a loan agreement entered into pursuant to this chapter are not	445
paid, the funds which would otherwise be apportioned to the local	446
subdivision from the county undivided local government fund,	447
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,	448
at the direction of the director of the Ohio public works	449
commission, be reduced by the amount payable. The county treasurer	450
shall, at the direction of the director, pay the amount of such	451
reductions to the state capital improvements revolving loan fund.	452
The director may renegotiate a loan repayment schedule with a	453
local subdivision whose payments from the county undivided local	454
government fund could be reduced pursuant to this division, but	455
such a renegotiation may occur only one time with respect to any	456
particular loan agreement.	457

(D) Grants approved for the repair and replacement of	458
existing infrastructure pursuant to this chapter shall not exceed	459
ninety per cent of the estimated total cost of the capital	460
improvement project. Grants approved for new or expanded	461
infrastructure shall not exceed fifty per cent of the estimated	462
cost of the new or expansion elements of the capital improvement	463
project. A local subdivision share of the estimated cost of a	464
capital improvement may consist of any of the following:	465

(1) The reasonable value, as determined by the director or	466
the administrator, of labor, materials, and equipment that will be	467
contributed by the local subdivision in performing the capital	468
improvement project;	469

(2) Moneys received by the local subdivision in any form from	470
an authority, commission, or agency of the United States for use	471
in performing the capital improvement project;	472

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

473

(4) Engineering costs incurred by the local subdivision in	474
performing engineering activities related to the project.	475

A local subdivision share of the cost of a capital	476
improvement shall not include any amounts awarded to it from the	477
local transportation improvement program fund created in section	478
164.14 of the Revised Code.	479

(E) The following portion of a district public works	480
integrating committee's annual allocation share pursuant to	481
section 164.08 of the Revised Code may be awarded to subdivisions	482
only in the form of interest-free, low-interest, market rate of	483
interest, or blended-rate loans:	484

YEAR IN WHICH	PORTION USED FOR	485
MONEYS ARE ALLOCATED	LOANS	486
Year 1	0%	487
Year 2	0%	488
Year 3	10%	489
Year 4	12%	490
Year 5	15%	491
Year 6	20%	492
Year 7, 8, 9, and 10	22%	493

(F) The following portion of a district public works	494
integrating committee's annual allocation pursuant to section	495
164.08 of the Revised Code shall be awarded to subdivisions in the	496
form of local debt supported and credit enhancements:	497

	PORTIONS USED FOR	498
YEAR IN WHICH	LOCAL DEBT SUPPORT	499
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	500
Year 1	0%	501
Year 2	0%	502
Year 3	3%	503
Year 4	5%	504
Year 5	5%	505
Year 6	7%	506
Year 7	7%	507
Year 8	8%	508
Year 9	8%	509
Year 10	8%	510

(G) For the period commencing on March 29, 1988, and ending	511
on June 30, 1993, for the period commencing July 1, 1993, and	512
ending June 30, 1999, and for each five-year period thereafter,	513
the total amount of financial assistance awarded under sections	514
164.01 to 164.08 of the Revised Code for capital improvement	515
projects located wholly or partially within a county shall be	516
equal to at least thirty per cent of the amount of what the county	517
would have been allocated from the obligations authorized to be	518
sold under this chapter during each period, if such amounts had	519
been allocable to each county on a per capita basis.	520

(H) The amount of the annual allocations made pursuant to	521
divisions (B)(1) and (5) of section 164.08 of the Revised Code	522
which can be used for new or expanded infrastructure is limited as	523
follows:	524

	PORTION WHICH MAY	525
YEAR IN WHICH	BE USED FOR NEW OR	526
MONEYS ARE ALLOCATED	EXPANSION INFRASTRUCTURE	527
Year 1	5%	528
Year 2	5%	529
Year 3	10%	530
Year 4	10%	531
Year 5	10%	532
Year 6	15%	533
Year 7	15%	534
Year 8	20%	535
Year 9	20%	536
Year 10 and each year		537
thereafter	20%	538

(I) The following portion of a district public works	539
integrating committee's annual allocation share pursuant to	540
section 164.08 of the Revised Code shall be awarded to	541
subdivisions in the form of interest-free, low-interest, market	542
rate of interest, or blended-rate loans, or local debt support and	543
credit enhancements:	544

	PORTION USED FOR LOANS	545
YEAR IN WHICH	OR LOCAL DEBT SUPPORT	546
MONEYS ARE ALLOCATED	AND CREDIT ENHANCEMENTS	547
Year 11 and each year		548
thereafter	20%	549

(J) No project shall be approved under this section unless	550
the project is designed to have a useful life of at least seven	551
years. In addition, the average useful life of all projects for	552
which grants or loans are awarded in each district during a	553
program year shall not be less than twenty years.	554

Sec. 307.05. As used in this section, "emergency medical	555
service organization" has the same meaning as in section 4765.01	556
of the Revised Code.	557

A board of county commissioners may operate an ambulance	558
service organization or emergency medical service organization,	559
or, in counties with a population of forty thousand or less, may	560
operate a nonemergency patient transport service organization, or	561
may enter into a contract with one or more counties, townships,	562
municipal corporations, nonprofit corporations, joint emergency	563
medical services districts, fire and ambulance districts, or	564
private ambulance owners, regardless of whether such counties,	565
townships, municipal corporations, nonprofit corporations, joint	566
emergency medical services districts, fire and ambulance	567
districts, or private ambulance owners are located within or	568
without the state, in order to furnish or obtain the services of	569
ambulance service organizations, to furnish or obtain additional	570
services from ambulance service organizations in times of	571
emergency, to furnish or obtain the services of emergency medical	572
service organizations, or, in counties with a population of forty	573
thousand or less, to furnish or obtain services of nonemergency	574
patient transport service organizations, or may enter into a	575
contract with any such entity to furnish or obtain the interchange	576
of services from ambulance or emergency medical service	577
organizations, or, within counties with a population of forty	578
thousand or less, to furnish or obtain the interchange of services	579
from nonemergency patient transport service organizations, within	580
the territories of the contracting subdivisions. Except in the	581
case of a contract with a joint emergency medical services	582
district to obtain the services of emergency medical service	583
organizations, such contracts shall not be entered into with a	584
public agency or nonprofit corporation that receives more than	585
half of its operating funds from governmental entities with the	586
intention of directly competing with the operation of other	587
ambulance service organizations, nonemergency patient transport	588
service organizations, or emergency medical service organizations	589
in the county unless the public agency or nonprofit corporation is	590
awarded the contract after submitting the lowest and best bid to	591
the board of county commissioners. Any county wishing to commence	592
operation of a nonemergency patient transport service organization	593
or wishing to enter into a contract for the first time to furnish	594
or obtain services from a nonemergency patient transport service	595
organization on or after March 1, 1993, including a county in	596
which a private provider has been providing the service, shall	597
demonstrate the need for public funding for the service to, and	598
obtain approval from, the state board of emergency medical, fire,	599
and transportation services or its immediate successor board prior	600
to operating or funding the organization.	601

When such an organization is operated by the board, the	602
organization may be administered by the board, by the county	603
sheriff, or by another county officer or employee designated by	604
the board. All rules, including the determining of reasonable	605
rates, necessary for the establishment, operation, and maintenance	606
of such an organization shall be adopted by the board.	607

A contract for services of an ambulance service, nonemergency	608
patient transport service, or emergency medical service	609
organization shall include the terms, conditions, and stipulations	610
as agreed to by the parties to the contract. It may provide for a	611
fixed annual charge to be paid at the times agreed upon and	612
stipulated in the contract, or for compensation based upon a	613
stipulated price for each run, call, or emergency or the number of	614
persons or pieces of apparatus employed, or the elapsed time of	615
service required in such run, call, or emergency, or any	616
combination thereof.	617

Sec. 307.051. As used in this section, "emergency medical	618
service organization" has the same meaning as in section 4766.01	619
of the Revised Code.	620

A board of county commissioners, by adoption of an	621
appropriate resolution, may choose to have the ~~Ohio~~state board of	622
emergency medical, fire, and transportation ~~board~~services license	623
any emergency medical service organization it operates. If a board	624
adopts such a resolution, Chapter 4766. of the Revised Code,	625
except for sections 4766.06 and 4766.99 of the Revised Code,	626
applies to the county emergency medical service organization. All	627
rules adopted under the applicable sections of that chapter also	628
apply to the organization. A board, by adoption of an appropriate	629
resolution, may remove its emergency medical service organization	630
from the jurisdiction of the ~~Ohio~~state board of emergency	631
medical, fire, and transportation ~~board~~services.	632

Sec. 307.055. (A) Subject to the terms and conditions of the	633
joint resolution creating it, each joint emergency medical	634
services district may furnish ambulance services and emergency	635
medical services by one of the following methods:	636

(1) By operating an emergency medical service organization as	637
defined in section 4765.01 of the Revised Code;	638

(2) By contracting for the operation of one or more	639
facilities pursuant to division (C) or (D) of this section;	640

(3) By providing necessary services and equipment to the	641
district either directly or under a contract entered into pursuant	642
to division (B) of this section;	643

(4) By providing service through any combination of methods	644
described in divisions (A)(1) to (3) of this section.	645

(B) In order to obtain ambulance service, to obtain	646
additional ambulance service in times of emergency, or to obtain	647
emergency medical services, a joint emergency medical services	648
district may enter into a contract, for a period not to exceed	649
three years, with one or more counties, townships, municipal	650
corporations, joint fire districts, other governmental units that	651
provide ambulance service or emergency medical services, nonprofit	652
corporations, or private ambulance owners, regardless of whether	653
the entities contracted with are located within or outside this	654
state, upon such terms as are agreed to, to furnish or receive	655
ambulance services or the interchange of ambulance services or	656
emergency medical services within the several territories of the	657
contracting subdivisions, if the contract is first authorized by	658
all boards of trustees and legislative authorities in the	659
territories to be served.	660

Such a contract may provide for a fixed annual charge to be	661
paid at the times agreed upon and stipulated in the contract; or	662
for compensation based on a stipulated price for each run, call,	663
or emergency or based on the elapsed time of service required for	664
each run, call, or emergency, or based on any combination of	665
these.	666

Expenditures of a district for ambulance service or emergency	667
medical service, whether pursuant to contract or otherwise, are	668
lawful expenditures, regardless of whether the district or the	669
party with which it contracts charges an additional fee to users	670
of the service.	671

(C) The board of trustees may enter into a contract with any	672
person, municipal corporation, township, or other political	673
subdivision, and any political subdivision may contract with the	674
board, for the operation and maintenance of emergency medical	675
services facilities regardless of whether the facilities used are	676
owned or leased by the district, by another political subdivision,	677
or by the contractor.	678

(D) The district may purchase, lease, and maintain all	679
materials, buildings, land, and equipment, including vehicles, the	680
board considers necessary for the district.	681

When the board finds, by resolution, that the district has	682
personal property that is not needed for public use, or is	683
obsolete or unfit for the use for which it was acquired, the board	684
may dispose of the property in the same manner as provided in	685
section 307.12 of the Revised Code.	686

(E) Except in the case of a contract with a board of county	687
commissioners for the provision of services of an emergency	688
medical service organization, any contract entered into by a joint	689
emergency medical services district shall conform to the same	690
bidding requirements that apply to county contracts under sections	691
307.86 to 307.92 of the Revised Code.	692

(F) A county participating in a joint district may contribute	693
any of its rights or interests in real or personal property,	694
including money, and may contribute services to the district. Any	695
such contributions shall be made by a written agreement between	696
the contributing county and the district, specifying the	697
contribution as well as the rights of the participating counties	698
in the contributed property. Written agreements shall also be	699
prepared specifying the rights of participating counties in	700
property acquired by the district other than by contribution of a	701
participating county. Written agreements required by this division	702
may be amended only by written agreement of all parties to the	703
original agreement.	704

(G) A district's board of trustees, by adoption of an	705
appropriate resolution, may choose to have the ~~Ohio~~state board of	706
emergency medical, fire, and transportation ~~board~~services license	707
any emergency medical service organization the district operates.	708
If a board adopts such a resolution, Chapter 4766. of the Revised	709
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	710
applies to the district emergency medical service organization.	711
All rules adopted under the applicable sections of that chapter	712
also apply to the organization. A board, by adoption of an	713
appropriate resolution, may remove the district emergency medical	714
service organization from the jurisdiction of the ~~Ohio~~state board	715
of emergency medical, fire, and transportation ~~board~~services.	716

Sec. 505.37. (A) The board of township trustees may	717
establish all necessary rules to guard against the occurrence of	718
fires and to protect the property and lives of the citizens	719
against damage and accidents, and may, with the approval of the	720
specifications by the prosecuting attorney or, if the township has	721
adopted limited home rule government under Chapter 504. of the	722
Revised Code, with the approval of the specifications by the	723
township's law director, purchase, lease, lease with an option to	724
purchase, or otherwise provide any fire apparatus, mechanical	725
resuscitators, or other equipment, appliances, materials, fire	726
hydrants, and water supply for fire-fighting purposes that seems	727
advisable to the board. The board shall provide for the care and	728
maintenance of fire equipment, and, for these purposes, may	729
purchase, lease, lease with an option to purchase, or construct	730
and maintain necessary buildings, and it may establish and	731
maintain lines of fire-alarm communications within the limits of	732
the township. The board may employ one or more persons to maintain	733
and operate fire-fighting equipment, or it may enter into an	734
agreement with a volunteer fire company for the use and operation	735
of fire-fighting equipment. The board may compensate the members	736
of a volunteer fire company on any basis and in any amount that it	737
considers equitable.	738

When the estimated cost to purchase fire apparatus,	739
mechanical resuscitators, other equipment, appliances, materials,	740
fire hydrants, buildings, or fire-alarm communications equipment	741
or services exceeds fifty thousand dollars, the contract shall be	742
let by competitive bidding. When competitive bidding is required,	743
the board shall advertise once a week for not less than two	744
consecutive weeks in a newspaper of general circulation within the	745
township. The board may also cause notice to be inserted in trade	746
papers or other publications designated by it or to be distributed	747
by electronic means, including posting the notice on the board's	748
internet web site. If the board posts the notice on its web site,	749
it may eliminate the second notice otherwise required to be	750
published in a newspaper of general circulation within the	751
township, provided that the first notice published in such	752
newspaper meets all of the following requirements:	753

(1) It is published at least two weeks before the opening of	754
bids.	755

(2) It includes a statement that the notice is posted on the	756
board's internet web site.	757

(3) It includes the internet address of the board's internet	758
web site.	759

(4) It includes instructions describing how the notice may be	760
accessed on the board's internet web site.	761

The advertisement shall include the time, date, and place	762
where the clerk of the township, or the clerk's designee, will	763
read bids publicly. The time, date, and place of bid openings may	764
be extended to a later date by the board of township trustees,	765
provided that written or oral notice of the change shall be given	766
to all persons who have received or requested specifications not	767
later than ninety-six hours prior to the original time and date	768
fixed for the opening. The board may reject all the bids or accept	769
the lowest and best bid, provided that the successful bidder meets	770
the requirements of section 153.54 of the Revised Code when the	771
contract is for the construction, demolition, alteration, repair,	772
or reconstruction of an improvement.	773

(B) The boards of township trustees of any two or more	774
townships, or the legislative authorities of any two or more	775
political subdivisions, or any combination of these, may, through	776
joint action, unite in the joint purchase, lease, lease with an	777
option to purchase, maintenance, use, and operation of	778
fire-fighting equipment, or for any other purpose designated in	779
sections 505.37 to 505.42 of the Revised Code, and may prorate the	780
expense of the joint action on any terms that are mutually agreed	781
upon.	782

(C) The board of township trustees of any township may, by	783
resolution, whenever it is expedient and necessary to guard	784
against the occurrence of fires or to protect the property and	785
lives of the citizens against damages resulting from their	786
occurrence, create a fire district of any portions of the township	787
that it considers necessary. The board may purchase, lease, lease	788
with an option to purchase, or otherwise provide any fire	789
apparatus, appliances, materials, fire hydrants, and water supply	790
for fire-fighting purposes, or may contract for the fire	791
protection for the fire district as provided in section 9.60 of	792
the Revised Code. The fire district so created shall be given a	793
separate name by which it shall be known.	794

Additional unincorporated territory of the township may be	795
added to a fire district upon the board's adoption of a resolution	796
authorizing the addition. A municipal corporation that is within	797
or adjoining the township may be added to a fire district upon the	798
board's adoption of a resolution authorizing the addition and the	799
municipal legislative authority's adoption of a resolution or	800
ordinance requesting the addition of the municipal corporation to	801
the fire district.	802

If the township fire district imposes a tax, additional	803
unincorporated territory of the township or a municipal	804
corporation that is within or adjoining the township shall become	805
part of the fire district only after all of the following have	806
occurred:	807

(1) Adoption by the board of township trustees of a	808
resolution approving the expansion of the territorial limits of	809
the district and, if the resolution proposes to add a municipal	810
corporation, adoption by the municipal legislative authority of a	811
resolution or ordinance requesting the addition of the municipal	812
corporation to the district;	813

(2) Adoption by the board of township trustees of a	814
resolution recommending the extension of the tax to the additional	815
territory;	816

(3) Approval of the tax by the electors of the territory	817
proposed for addition to the district.	818

Each resolution of the board adopted under division (C)(2) of	819
this section shall state the name of the fire district, a	820
description of the territory to be added, and the rate and	821
termination date of the tax, which shall be the rate and	822
termination date of the tax currently in effect in the fire	823
district.	824

The board of trustees shall certify each resolution adopted	825
under division (C)(2) of this section to the board of elections in	826
accordance with section 5705.19 of the Revised Code. The election	827
required under division (C)(3) of this section shall be held,	828
canvassed, and certified in the manner provided for the submission	829
of tax levies under section 5705.25 of the Revised Code, except	830
that the question appearing on the ballot shall read:	831

"Shall the territory within ........................	832
(description of the proposed territory to be added) be added to	833
........................ (name) fire district, and a property tax	834
at a rate of taxation not exceeding ...... (here insert tax rate)	835
be in effect for .......... (here insert the number of years the	836
tax is to be in effect or "a continuing period of time," as	837
applicable)?"	838

If the question is approved by at least a majority of the	839
electors voting on it, the joinder shall be effective as of the	840
first day of July of the year following approval, and on that	841
date, the township fire district tax shall be extended to the	842
taxable property within the territory that has been added. If the	843
territory that has been added is a municipal corporation and if it	844
had adopted a tax levy for fire purposes, the levy is terminated	845
on the effective date of the joinder.	846

Any municipal corporation may withdraw from a township fire	847
district created under division (C) of this section by the	848
adoption by the municipal legislative authority of a resolution or	849
ordinance ordering withdrawal. On the first day of July of the	850
year following the adoption of the resolution or ordinance of	851
withdrawal, the municipal corporation withdrawing ceases to be a	852
part of the district, and the power of the fire district to levy a	853
tax upon taxable property in the withdrawing municipal corporation	854
terminates, except that the fire district shall continue to levy	855
and collect taxes for the payment of indebtedness within the	856
territory of the fire district as it was composed at the time the	857
indebtedness was incurred.	858

Upon the withdrawal of any municipal corporation from a	859
township fire district created under division (C) of this section,	860
the county auditor shall ascertain, apportion, and order a	861
division of the funds on hand, moneys and taxes in the process of	862
collection except for taxes levied for the payment of	863
indebtedness, credits, and real and personal property, either in	864
money or in kind, on the basis of the valuation of the respective	865
tax duplicates of the withdrawing municipal corporation and the	866
remaining territory of the fire district.	867

A board of township trustees may remove unincorporated	868
territory of the township from the fire district upon the adoption	869
of a resolution authorizing the removal. On the first day of July	870
of the year following the adoption of the resolution, the	871
unincorporated township territory described in the resolution	872
ceases to be a part of the district, and the power of the fire	873
district to levy a tax upon taxable property in that territory	874
terminates, except that the fire district shall continue to levy	875
and collect taxes for the payment of indebtedness within the	876
territory of the fire district as it was composed at the time the	877
indebtedness was incurred.	878

(D) The board of township trustees of any township, the board	879
of fire district trustees of a fire district created under section	880
505.371 of the Revised Code, or the legislative authority of any	881
municipal corporation may purchase, lease, or lease with an option	882
to purchase the necessary fire-fighting equipment, buildings, and	883
sites for the township, fire district, or municipal corporation	884
and issue securities for that purpose with maximum maturities as	885
provided in section 133.20 of the Revised Code. The board of	886
township trustees, board of fire district trustees, or legislative	887
authority may also construct any buildings necessary to house	888
fire-fighting equipment and issue securities for that purpose with	889
maximum maturities as provided in section 133.20 of the Revised	890
Code.	891

The board of township trustees, board of fire district	892
trustees, or legislative authority may issue the securities of the	893
township, fire district, or municipal corporation, signed by the	894
board or designated officer of the municipal corporation and	895
attested by the signature of the township fiscal officer, fire	896
district clerk, or municipal clerk, covering any deferred payments	897
and payable at the times provided, which securities shall bear	898
interest not to exceed the rate determined as provided in section	899
9.95 of the Revised Code, and shall not be subject to Chapter 133.	900
of the Revised Code. The legislation authorizing the issuance of	901
the securities shall provide for levying and collecting annually	902
by taxation, amounts sufficient to pay the interest on and	903
principal of the securities. The securities shall be offered for	904
sale on the open market or given to the vendor or contractor if no	905
sale is made.	906

Section 505.40 of the Revised Code does not apply to any	907
securities issued, or any lease with an option to purchase entered	908
into, in accordance with this division.	909

(E) A board of township trustees of any township or a board	910
of fire district trustees of a fire district created under section	911
505.371 of the Revised Code may purchase a policy or policies of	912
liability insurance for the officers, employees, and appointees of	913
the fire department, fire district, or joint fire district	914
governed by the board that includes personal injury liability	915
coverage as to the civil liability of those officers, employees,	916
and appointees for false arrest, detention, or imprisonment,	917
malicious prosecution, libel, slander, defamation or other	918
violation of the right of privacy, wrongful entry or eviction, or	919
other invasion of the right of private occupancy, arising out of	920
the performance of their duties.	921

When a board of township trustees cannot, by deed of gift or	922
by purchase and upon terms it considers reasonable, procure land	923
for a township fire station that is needed in order to respond in	924
reasonable time to a fire or medical emergency, the board may	925
appropriate land for that purpose under sections 163.01 to 163.22	926
of the Revised Code. If it is necessary to acquire additional	927
adjacent land for enlarging or improving the fire station, the	928
board may purchase, appropriate, or accept a deed of gift for the	929
land for these purposes.	930

(F) As used in this division, "emergency medical service	931
organization" has the same meaning as in section 4766.01 of the	932
Revised Code.	933

A board of township trustees, by adoption of an appropriate	934
resolution, may choose to have the ~~Ohio~~state board of emergency	935
medical, fire, and transportation ~~board~~services license any	936
emergency medical service organization it operates. If the board	937
adopts such a resolution, Chapter 4766. of the Revised Code,	938
except for sections 4766.06 and 4766.99 of the Revised Code,	939
applies to the organization. All rules adopted under the	940
applicable sections of that chapter also apply to the	941
organization. A board of township trustees, by adoption of an	942
appropriate resolution, may remove its emergency medical service	943
organization from the jurisdiction of the ~~Ohio~~state board of	944
emergency medical, fire, and transportation ~~board~~services.	945

Sec. 505.375. (A)(1)(a) The boards of township trustees of	946
one or more townships and the legislative authorities of one or	947
more municipal corporations, or the legislative authorities of two	948
or more municipal corporations, or the boards of township trustees	949
of two or more townships, may negotiate an agreement to form a	950
fire and ambulance district for the delivery of both fire and	951
ambulance services. The agreement shall be ratified by the	952
adoption of a joint resolution by a majority of the members of	953
each board of township trustees involved and a majority of the	954
members of the legislative authority of each municipal corporation	955
involved. The joint resolution shall specify a date on which the	956
fire and ambulance district shall come into being.	957

(b) If a joint fire district created under section 505.371 of	958
the Revised Code or a joint ambulance district created under	959
section 505.71 of the Revised Code is dissolved to facilitate the	960
creation of a fire and ambulance district under division (A)(1)(a)	961
of this section, the townships and municipal corporations forming	962
the fire and ambulance district may transfer to the fire and	963
ambulance district any of the funds on hand, moneys and taxes in	964
the process of collection, credits, and real and personal property	965
apportioned to them under division (D) of section 505.371 of the	966
Revised Code or section 505.71 of the Revised Code, as applicable,	967
for use by the fire and ambulance district in accordance with this	968
section.	969

(2)(a) The board of trustees of a joint ambulance district	970
created under section 505.71 of the Revised Code and the board of	971
fire district trustees of a joint fire district created under	972
section 505.371 of the Revised Code may negotiate to combine their	973
two joint districts into a single fire and ambulance district for	974
the delivery of both fire and ambulance services, if the	975
geographic area covered by the combining joint districts is	976
exactly the same. Both boards shall adopt a joint resolution	977
ratifying the agreement and setting a date on which the fire and	978
ambulance district shall come into being.	979

(b) On that date, the joint fire district and the joint	980
ambulance district shall cease to exist, and the power of each to	981
levy a tax upon taxable property shall terminate, except that any	982
levy of a tax for the payment of indebtedness within the territory	983
of the joint fire or joint ambulance district as it was composed	984
at the time the indebtedness was incurred shall continue to be	985
collected by the successor fire and ambulance district if the	986
indebtedness remains unpaid. All funds and other property of the	987
joint districts shall become the property of the fire and	988
ambulance district, unless otherwise provided in the negotiated	989
agreement. The agreement shall provide for the settlement of all	990
debts and obligations of the joint districts.	991

(B)(1) The governing body of a fire and ambulance district	992
created under division (A)(1) or (2) of this section shall be a	993
board of trustees of at least three but no more than nine members,	994
appointed as provided in the agreement creating the district.	995
Members of the board may be compensated at a rate not to exceed	996
thirty dollars per meeting for not more than fifteen meetings per	997
year, and may be reimbursed for all necessary expenses incurred,	998
as provided in the agreement creating the district.	999

(2) The board shall employ a clerk and other employees as it	1000
considers best, including a fire chief or fire prevention	1001
officers, and shall fix their compensation. Neither this section	1002
nor any other section of the Revised Code requires, or shall be	1003
construed to require, that the fire chief of a fire and ambulance	1004
district be a resident of the district.	1005

Before entering upon the duties of office, the clerk shall	1006
execute a bond, in the amount and with surety to be approved by	1007
the board, payable to the state, conditioned for the faithful	1008
performance of all of the clerk's official duties. The clerk shall	1009
deposit the bond with the presiding officer of the board, who	1010
shall file a copy of it, certified by the presiding officer, with	1011
the county auditor of the county containing the most territory in	1012
the district.	1013

The board also shall provide for the appointment of a fiscal	1014
officer for the district and may enter into agreements with	1015
volunteer fire companies for the use and operation of	1016
fire-fighting equipment. Volunteer firefighters acting under such	1017
an agreement are subject to the requirements for volunteer	1018
firefighters set forth in division (A) of section 505.38 of the	1019
Revised Code.	1020

(3) Employees of the district shall not be removed from	1021
office except as provided by sections 733.35 to 733.39 of the	1022
Revised Code, except that, to initiate removal proceedings, the	1023
board shall designate a private citizen or, if the employee is	1024
employed as a firefighter, the board may designate the fire chief,	1025
to investigate, conduct the proceedings, and prepare the necessary	1026
charges in conformity with those sections, and except that the	1027
board shall perform the functions and duties specified for the	1028
municipal legislative authority under those sections. The board	1029
may pay reasonable compensation to any private citizen hired for	1030
services rendered in the matter.	1031

(4) No person shall be appointed as a permanent full-time	1032
paid member of the district whose duties include fire fighting, or	1033
be appointed as a volunteer firefighter, unless that person has	1034
received a certificate issued under former section 3303.07 or	1035
section 4765.55 of the Revised Code evidencing satisfactory	1036
completion of a firefighter training program. The board may send	1037
its officers and firefighters to schools of instruction designed	1038
to promote the efficiency of firefighters and, if authorized in	1039
advance, may pay their necessary expenses from the funds used for	1040
the maintenance and operation of the district.	1041

The board may choose, by adoption of an appropriate	1042
resolution, to have the ~~Ohio~~state board of emergency medical,	1043
fire, and transportation ~~board~~services license any emergency	1044
medical service organization it operates. If the board adopts such	1045
a resolution, Chapter 4766. of the Revised Code, except for	1046
sections 4766.06 and 4766.99 of the Revised Code, applies to the	1047
organization. All rules adopted under the applicable sections of	1048
that chapter also apply to the organization. The board may remove,	1049
by resolution, its emergency medical service organization from the	1050
jurisdiction of the ~~Ohio~~state board of emergency medical, fire,	1051
and transportation ~~board~~services.	1052

(C) The board of trustees of a fire and ambulance district	1053
created under division (A)(1) or (2) of this section may exercise	1054
the following powers:	1055

(1) Purchase or otherwise provide any fire apparatus,	1056
mechanical resuscitators, or other fire or ambulance equipment,	1057
appliances, or materials; fire hydrants; and water supply for	1058
firefighting purposes that seems advisable to the board;	1059

(2) Provide for the care and maintenance of equipment and,	1060
for that purpose, purchase, lease, lease with an option to	1061
purchase, or construct and maintain necessary buildings;	1062

(3) Establish and maintain lines of fire-alarm communications	1063
within the limits of the district;	1064

(4) Appropriate land for a fire station or medical emergency	1065
unit needed in order to respond in reasonable time to a fire or	1066
medical emergency, in accordance with Chapter 163. of the Revised	1067
Code;	1068

(5) Purchase, appropriate, or accept a deed or gift of land	1069
to enlarge or improve a fire station or medical emergency unit;	1070

(6) Purchase, lease, lease with an option to purchase,	1071
maintain, and use all materials, equipment, vehicles, buildings,	1072
and land necessary to perform its duties;	1073

(7) Contract for a period not to exceed three years with one	1074
or more townships, municipal corporations, counties, joint fire	1075
districts, joint ambulance districts, governmental agencies,	1076
nonprofit corporations, or private ambulance owners located either	1077
within or outside the state, to furnish or receive ambulance	1078
services or emergency medical services within the several	1079
territories of the contracting parties, if the contract is first	1080
authorized by all boards of trustees and legislative authorities	1081
concerned;	1082

(8) Establish reasonable charges for the use of ambulance or	1083
emergency medical services under the same conditions under which a	1084
board of fire district trustees may establish those charges under	1085
section 505.371 of the Revised Code;	1086

(9) Establish all necessary rules to guard against the	1087
occurrence of fires and to protect property and lives against	1088
damage and accidents;	1089

(10) Adopt a standard code pertaining to fire, fire hazards,	1090
and fire prevention prepared and promulgated by the state or by a	1091
public or private organization that publishes a model or standard	1092
code;	1093

(11) Provide for charges for false alarms at commercial	1094
establishments in the same manner as joint fire districts are	1095
authorized to do under section 505.391 of the Revised Code;	1096

(12) Issue bonds and other evidences of indebtedness, subject	1097
to Chapter 133. of the Revised Code, but only after approval by a	1098
vote of the electors of the district as provided by section 133.18	1099
of the Revised Code;	1100

(13) To provide the services and equipment it considers	1101
necessary, levy a sufficient tax, subject to Chapter 5705. of the	1102
Revised Code, on all the taxable property in the district.	1103

(D) Any municipal corporation or township may join an	1104
existing fire and ambulance district, whether created under	1105
division (A)(1) or (2) of this section, by its legislative	1106
authority's adoption of a resolution requesting the membership and	1107
upon approval of the board of trustees of the district. Any	1108
municipal corporation or township may withdraw from a district,	1109
whether created under division (A)(1) or (2) of this section, by	1110
its legislative authority's adoption of a resolution ordering	1111
withdrawal. Upon its withdrawal, the municipal corporation or	1112
township ceases to be a part of the district, and the district's	1113
power to levy a tax on taxable property in the withdrawing	1114
township or municipal corporation terminates, except that the	1115
district shall continue to levy and collect taxes for the payment	1116
of indebtedness within the territory of the district as it was	1117
composed at the time the indebtedness was incurred.	1118

Upon the withdrawal of any township or municipal corporation	1119
from a district, the county auditor of the county containing the	1120
most territory in the district shall ascertain, apportion, and	1121
order a division of the funds on hand, including funds in the	1122
ambulance and emergency medical services fund, moneys and taxes in	1123
the process of collection, except for taxes levied for the payment	1124
of indebtedness, credits, and real and personal property on the	1125
basis of the valuation of the respective tax duplicates of the	1126
withdrawing municipal corporation or township and the remaining	1127
territory of the district.	1128

(E) As used in this section:

1129

(1) "Governmental agency" includes all departments, boards,	1130
offices, commissions, agencies, colleges, universities,	1131
institutions, and other instrumentalities of this or another	1132
state.	1133

(2) "Emergency medical service organization" has the same	1134
meaning as in section 4766.01 of the Revised Code.	1135

Sec. 505.44. As used in this section:

1136

(A) "Emergency medical service organization" has the same	1137
meaning as in section 4765.01 of the Revised Code.	1138

(B) "State agency" means all departments, boards, offices,	1139
commissions, agencies, colleges, universities, institutions, and	1140
other instrumentalities of this or another state.	1141

In order to obtain the services of ambulance service	1142
organizations, to obtain additional services from ambulance	1143
service organizations in times of emergency, to obtain the	1144
services of emergency medical service organizations, or, if the	1145
township is located in a county with a population of forty	1146
thousand or less, to obtain the services of nonemergency patient	1147
transport service organizations, a township may enter into a	1148
contract with one or more state agencies, townships, municipal	1149
corporations, counties, nonprofit corporations, joint emergency	1150
medical services districts, fire and ambulance districts, or	1151
private ambulance owners, regardless of whether such state	1152
agencies, townships, municipal corporations, counties, nonprofit	1153
corporations, joint emergency medical services districts, fire and	1154
ambulance districts, or private ambulance owners are located	1155
within or outside the state, upon such terms as are agreed to by	1156
them, to furnish or receive services from ambulance or emergency	1157
medical service organizations or, if the township is located in a	1158
county with a population of forty thousand or less, to furnish or	1159
receive services from nonemergency patient transport service	1160
organizations, or may enter into a contract for the interchange of	1161
services from ambulance or emergency medical service organizations	1162
or, if the township is located in a county with a population of	1163
forty thousand or less, the interchange of services from	1164
nonemergency patient transport service organizations, within the	1165
several territories of the contracting parties, if the contract is	1166
first authorized by the respective boards of township trustees,	1167
the other legislative bodies, or the officer or body authorized to	1168
contract on behalf of the state agency. Such contracts shall not	1169
be entered into with a state agency or nonprofit corporation that	1170
receives more than half of its operating funds from governmental	1171
entities with the intention of directly competing with the	1172
operation of other ambulance, emergency medical, or nonemergency	1173
patient transport service organizations in the township unless the	1174
state agency or nonprofit corporation is awarded the contract	1175
after submitting the lowest and best bid to the board of township	1176
trustees.	1177

The contract may provide for compensation upon such terms as	1178
the parties may agree.	1179

Any township wishing to commence providing or wishing to	1180
enter into a contract for the first time to furnish or obtain	1181
services from nonemergency patient transport service organizations	1182
on or after March 1, 1993, including a township in which a private	1183
provider has been providing the service, shall demonstrate the	1184
need for public funding for the service to, and obtain approval	1185
from, the state board of emergency medical, fire, and	1186
transportation services or its immediate successor board prior to	1187
the establishment of a township-operated or township-funded	1188
service.	1189

Sec. 505.72. (A) The board of trustees of a joint ambulance	1190
district shall provide for the employment of such employees as it	1191
considers best, and shall fix their compensation. Such employees	1192
shall continue in office until removed as provided by sections	1193
733.35 to 733.39 of the Revised Code. To initiate removal	1194
proceedings, and for such purpose, the board shall designate a	1195
private citizen to investigate the conduct and prepare the	1196
necessary charges in conformity with sections 733.35 to 733.39 of	1197
the Revised Code. The board may pay reasonable compensation to	1198
such person for the person's services.	1199

In case of the removal of an employee of the district, an	1200
appeal may be had from the decision of the board to the court of	1201
common pleas of the county in which such district, or part of it,	1202
is situated, to determine the sufficiency of the cause of removal.	1203
Such appeal from the findings of the board shall be taken within	1204
ten days.	1205

(B) As used in this division, "emergency medical service	1206
organization" has the same meaning as in section 4765.01 of the	1207
Revised Code.	1208

(1) In order to obtain the services of ambulance service	1209
organizations, to obtain additional services from ambulance	1210
service organizations in times of emergency, or to obtain the	1211
services of emergency medical service organizations, a district	1212
may enter into a contract, for a period not to exceed three years,	1213
with one or more townships, municipal corporations, joint fire	1214
districts, nonprofit corporations, any other governmental unit	1215
that provides ambulance services or emergency medical services, or	1216
with private ambulance owners, regardless of whether such	1217
townships, municipal corporations, joint fire districts, nonprofit	1218
corporations, governmental unit, or private ambulance owners are	1219
located within or without this state, upon such terms as are	1220
agreed to, to furnish or receive services from ambulance or	1221
emergency medical service organizations or the interchange of	1222
services from ambulance or emergency medical service organizations	1223
within the several territories of the contracting subdivisions, if	1224
such contract is first authorized by all boards of trustees and	1225
legislative authorities concerned.	1226

The contract may provide for a fixed annual charge to be paid	1227
at the times agreed upon and stipulated in the contract, or for	1228
compensation based upon a stipulated price for each run, call, or	1229
emergency, or the elapsed time of service required in such run,	1230
call, or emergency, or any combination thereof.	1231

(2) Expenditures of a district for the services of ambulance	1232
service organizations or emergency medical service organizations,	1233
whether pursuant to contract or otherwise, are lawful	1234
expenditures, regardless of whether the district or the party with	1235
which it contracts charges additional fees to users of the	1236
services.	1237

(3) A district's board of trustees, by adoption of an	1238
appropriate resolution, may choose to have the ~~Ohio~~state board of	1239
emergency medical, fire, and transportation ~~board~~services license	1240
any emergency medical service organization the district operates.	1241
If a board adopts such a resolution, Chapter 4766. of the Revised	1242
Code, except for sections 4766.06 and 4766.99 of the Revised Code,	1243
applies to the district emergency medical service organization.	1244
All rules adopted under the applicable sections of that chapter	1245
also apply to the organization. A board, by adoption of an	1246
appropriate resolution, may remove the district emergency medical	1247
service organization from the jurisdiction of the ~~Ohio~~state board	1248
of emergency medical, fire, and transportation ~~board~~services.	1249

(C) Ambulance services or emergency medical services rendered	1250
for a joint ambulance district under this section and section	1251
505.71 of the Revised Code shall be deemed services of the	1252
district. These sections do not authorize suits against a district	1253
or any township or municipal corporation providing or receiving,	1254
or contracting to provide or receive, such services under these	1255
sections for damages for injury or loss to persons or property or	1256
for wrongful death caused by persons providing such services.	1257

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

1258

(1) "Adjusted federal taxable income" means a C corporation's	1259
federal taxable income before net operating losses and special	1260
deductions as determined under the Internal Revenue Code, adjusted	1261
as follows:	1262

(a) Deduct intangible income to the extent included in	1263
federal taxable income. The deduction shall be allowed regardless	1264
of whether the intangible income relates to assets used in a trade	1265
or business or assets held for the production of income.	1266

(b) Add an amount equal to five per cent of intangible income	1267
deducted under division (A)(1)(a) of this section, but excluding	1268
that portion of intangible income directly related to the sale,	1269
exchange, or other disposition of property described in section	1270
1221 of the Internal Revenue Code;	1271

(c) Add any losses allowed as a deduction in the computation	1272
of federal taxable income if the losses directly relate to the	1273
sale, exchange, or other disposition of an asset described in	1274
section 1221 or 1231 of the Internal Revenue Code;	1275

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	1276
section, deduct income and gain included in federal taxable income	1277
to the extent the income and gain directly relate to the sale,	1278
exchange, or other disposition of an asset described in section	1279
1221 or 1231 of the Internal Revenue Code;	1280

(ii) Division (A)(1)(d)(i) of this section does not apply to	1281
the extent the income or gain is income or gain described in	1282
section 1245 or 1250 of the Internal Revenue Code.	1283

(e) Add taxes on or measured by net income allowed as a	1284
deduction in the computation of federal taxable income;	1285

(f) In the case of a real estate investment trust and	1286
regulated investment company, add all amounts with respect to	1287
dividends to, distributions to, or amounts set aside for or	1288
credited to the benefit of investors and allowed as a deduction in	1289
the computation of federal taxable income;	1290

(g) Deduct, to the extent not otherwise deducted or excluded	1291
in computing federal taxable income, any income ~~derived from~~	1292
~~providing public services under a contract through a project owned~~	1293
~~by the state, as described in section 126.604 of the Revised Code~~	1294
or derived from a transfer agreement or from the enterprise	1295
transferred under that agreement under section 4313.02 of the	1296
Revised Code.	1297

If the taxpayer is not a C corporation and is not an	1298
individual, the taxpayer shall compute adjusted federal taxable	1299
income as if the taxpayer were a C corporation, except guaranteed	1300
payments and other similar amounts paid or accrued to a partner,	1301
former partner, member, or former member shall not be allowed as a	1302
deductible expense; amounts paid or accrued to a qualified	1303
self-employed retirement plan with respect to an owner or	1304
owner-employee of the taxpayer, amounts paid or accrued to or for	1305
health insurance for an owner or owner-employee, and amounts paid	1306
or accrued to or for life insurance for an owner or owner-employee	1307
shall not be allowed as a deduction.	1308

Nothing in division (A)(1) of this section shall be construed	1309
as allowing the taxpayer to add or deduct any amount more than	1310
once or shall be construed as allowing any taxpayer to deduct any	1311
amount paid to or accrued for purposes of federal self-employment	1312
tax.	1313

Nothing in this chapter shall be construed as limiting or	1314
removing the ability of any municipal corporation to administer,	1315
audit, and enforce the provisions of its municipal income tax.	1316

(2) "Internal Revenue Code" means the Internal Revenue Code	1317
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	1318

(3) "Schedule C" means internal revenue service schedule C	1319
filed by a taxpayer pursuant to the Internal Revenue Code.	1320

(4) "Form 2106" means internal revenue service form 2106	1321
filed by a taxpayer pursuant to the Internal Revenue Code.	1322

(5) "Intangible income" means income of any of the following	1323
types: income yield, interest, capital gains, dividends, or other	1324
income arising from the ownership, sale, exchange, or other	1325
disposition of intangible property including, but not limited to,	1326
investments, deposits, money, or credits as those terms are	1327
defined in Chapter 5701. of the Revised Code, and patents,	1328
copyrights, trademarks, tradenames, investments in real estate	1329
investment trusts, investments in regulated investment companies,	1330
and appreciation on deferred compensation. "Intangible income"	1331
does not include prizes, awards, or other income associated with	1332
any lottery winnings or other similar games of chance.	1333

(6) "S corporation" means a corporation that has made an	1334
election under subchapter S of Chapter 1 of Subtitle A of the	1335
Internal Revenue Code for its taxable year.	1336

(7) For taxable years beginning on or after January 1, 2004,	1337
"net profit" for a taxpayer other than an individual means	1338
adjusted federal taxable income and "net profit" for a taxpayer	1339
who is an individual means the individual's profit required to be	1340
reported on schedule C, schedule E, or schedule F, other than any	1341
amount allowed as a deduction under division (E)(2) or (3) of this	1342
section or amounts described in division (H) of this section.	1343

(8) "Taxpayer" means a person subject to a tax on income	1344
levied by a municipal corporation. Except as provided in division	1345
(L) of this section, "taxpayer" does not include any person that	1346
is a disregarded entity or a qualifying subchapter S subsidiary	1347
for federal income tax purposes, but "taxpayer" includes any other	1348
person who owns the disregarded entity or qualifying subchapter S	1349
subsidiary.	1350

(9) "Taxable year" means the corresponding tax reporting	1351
period as prescribed for the taxpayer under the Internal Revenue	1352
Code.	1353

(10) "Tax administrator" means the individual charged with	1354
direct responsibility for administration of a tax on income levied	1355
by a municipal corporation and includes:	1356

(a) The central collection agency and the regional income tax	1357
agency and their successors in interest, and other entities	1358
organized to perform functions similar to those performed by the	1359
central collection agency and the regional income tax agency;	1360

(b) A municipal corporation acting as the agent of another	1361
municipal corporation; and	1362

(c) Persons retained by a municipal corporation to administer	1363
a tax levied by the municipal corporation, but only if the	1364
municipal corporation does not compensate the person in whole or	1365
in part on a contingency basis.	1366

(11) "Person" includes individuals, firms, companies,	1367
business trusts, estates, trusts, partnerships, limited liability	1368
companies, associations, corporations, governmental entities, and	1369
any other entity.	1370

(12) "Schedule E" means internal revenue service schedule E	1371
filed by a taxpayer pursuant to the Internal Revenue Code.	1372

(13) "Schedule F" means internal revenue service schedule F	1373
filed by a taxpayer pursuant to the Internal Revenue Code.	1374

(B) No municipal corporation shall tax income at other than a	1375
uniform rate.	1376

(C) No municipal corporation shall levy a tax on income at a	1377
rate in excess of one per cent without having obtained the	1378
approval of the excess by a majority of the electors of the	1379
municipality voting on the question at a general, primary, or	1380
special election. The legislative authority of the municipal	1381
corporation shall file with the board of elections at least ninety	1382
days before the day of the election a copy of the ordinance	1383
together with a resolution specifying the date the election is to	1384
be held and directing the board of elections to conduct the	1385
election. The ballot shall be in the following form: "Shall the	1386
Ordinance providing for a ... per cent levy on income for (Brief	1387
description of the purpose of the proposed levy) be passed?	1388

1389

		FOR THE INCOME TAX			1390
		AGAINST THE INCOME TAX	"		1391

1392

In the event of an affirmative vote, the proceeds of the levy	1393
may be used only for the specified purpose.	1394

(D)(1) Except as otherwise provided in this section, no	1395
municipal corporation shall exempt from a tax on income	1396
compensation for personal services of individuals over eighteen	1397
years of age or the net profit from a business or profession.	1398

(2)(a) For taxable years beginning on or after January 1,	1399
2004, no municipal corporation shall tax the net profit from a	1400
business or profession using any base other than the taxpayer's	1401
adjusted federal taxable income.	1402

(b) Division (D)(2)(a) of this section does not apply to any	1403
taxpayer required to file a return under section 5745.03 of the	1404
Revised Code or to the net profit from a sole proprietorship.	1405

(E)(1) The legislative authority of a municipal corporation	1406
may, by ordinance or resolution, exempt from withholding and from	1407
a tax on income the following:	1408

(a) Compensation arising from the sale, exchange, or other	1409
disposition of a stock option, the exercise of a stock option, or	1410
the sale, exchange, or other disposition of stock purchased under	1411
a stock option; or	1412

(b) Compensation attributable to a nonqualified deferred	1413
compensation plan or program described in section 3121(v)(2)(C) of	1414
the Internal Revenue Code.	1415

(2) The legislative authority of a municipal corporation may	1416
adopt an ordinance or resolution that allows a taxpayer who is an	1417
individual to deduct, in computing the taxpayer's municipal income	1418
tax liability, an amount equal to the aggregate amount the	1419
taxpayer paid in cash during the taxable year to a health savings	1420
account of the taxpayer, to the extent the taxpayer is entitled to	1421
deduct that amount on internal revenue service form 1040.	1422

(3) The legislative authority of a municipal corporation may	1423
adopt an ordinance or resolution that allows a taxpayer who has a	1424
net profit from a business or profession that is operated as a	1425
sole proprietorship to deduct from that net profit the amount that	1426
the taxpayer paid during the taxable year for medical care	1427
insurance premiums for the taxpayer, the taxpayer's spouse, and	1428
dependents as defined in section 5747.01 of the Revised Code. The	1429
deduction shall be allowed to the same extent the taxpayer is	1430
entitled to deduct the premiums on internal revenue service form	1431
1040. The deduction allowed under this division shall be net of	1432
any related premium refunds, related premium reimbursements, or	1433
related insurance premium dividends received by the taxpayer	1434
during the taxable year.	1435

(F) If an individual's taxable income includes income against	1436
which the taxpayer has taken a deduction for federal income tax	1437
purposes as reportable on the taxpayer's form 2106, and against	1438
which a like deduction has not been allowed by the municipal	1439
corporation, the municipal corporation shall deduct from the	1440
taxpayer's taxable income an amount equal to the deduction shown	1441
on such form allowable against such income, to the extent not	1442
otherwise so allowed as a deduction by the municipal corporation.	1443

(G)(1) In the case of a taxpayer who has a net profit from a	1444
business or profession that is operated as a sole proprietorship,	1445
no municipal corporation may tax or use as the base for	1446
determining the amount of the net profit that shall be considered	1447
as having a taxable situs in the municipal corporation, an amount	1448
other than the net profit required to be reported by the taxpayer	1449
on schedule C or F from such sole proprietorship for the taxable	1450
year.	1451

(2) In the case of a taxpayer who has a net profit from	1452
rental activity required to be reported on schedule E, no	1453
municipal corporation may tax or use as the base for determining	1454
the amount of the net profit that shall be considered as having a	1455
taxable situs in the municipal corporation, an amount other than	1456
the net profit from rental activities required to be reported by	1457
the taxpayer on schedule E for the taxable year.	1458

(H) A municipal corporation shall not tax any of the	1459
following:	1460

(1) The military pay or allowances of members of the armed	1461
forces of the United States and of members of their reserve	1462
components, including the Ohio national guard;	1463

(2) The income of religious, fraternal, charitable,	1464
scientific, literary, or educational institutions to the extent	1465
that such income is derived from tax-exempt real estate,	1466
tax-exempt tangible or intangible property, or tax-exempt	1467
activities;	1468

(3) Except as otherwise provided in division (I) of this	1469
section, intangible income;	1470

(4) Compensation paid under section 3501.28 or 3501.36 of the	1471
Revised Code to a person serving as a precinct election official,	1472
to the extent that such compensation does not exceed one thousand	1473
dollars annually. Such compensation in excess of one thousand	1474
dollars may be subjected to taxation by a municipal corporation. A	1475
municipal corporation shall not require the payer of such	1476
compensation to withhold any tax from that compensation.	1477

(5) Compensation paid to an employee of a transit authority,	1478
regional transit authority, or regional transit commission created	1479
under Chapter 306. of the Revised Code for operating a transit bus	1480
or other motor vehicle for the authority or commission in or	1481
through the municipal corporation, unless the bus or vehicle is	1482
operated on a regularly scheduled route, the operator is subject	1483
to such a tax by reason of residence or domicile in the municipal	1484
corporation, or the headquarters of the authority or commission is	1485
located within the municipal corporation;	1486

(6) The income of a public utility, when that public utility	1487
is subject to the tax levied under section 5727.24 or 5727.30 of	1488
the Revised Code, except a municipal corporation may tax the	1489
following, subject to Chapter 5745. of the Revised Code:	1490

(a) Beginning January 1, 2002, the income of an electric	1491
company or combined company;	1492

(b) Beginning January 1, 2004, the income of a telephone	1493
company.	1494

As used in division (H)(6) of this section, "combined	1495
company," "electric company," and "telephone company" have the	1496
same meanings as in section 5727.01 of the Revised Code.	1497

(7) On and after January 1, 2003, items excluded from federal	1498
gross income pursuant to section 107 of the Internal Revenue Code;	1499

(8) On and after January 1, 2001, compensation paid to a	1500
nonresident individual to the extent prohibited under section	1501
718.011 of the Revised Code;	1502

(9)(a) Except as provided in division (H)(9)(b) and (c) of	1503
this section, an S corporation shareholder's distributive share of	1504
net profits of the S corporation, other than any part of the	1505
distributive share of net profits that represents wages as defined	1506
in section 3121(a) of the Internal Revenue Code or net earnings	1507
from self-employment as defined in section 1402(a) of the Internal	1508
Revenue Code.	1509

(b) If, pursuant to division (H) of former section 718.01 of	1510
the Revised Code as it existed before March 11, 2004, a majority	1511
of the electors of a municipal corporation voted in favor of the	1512
question at an election held on November 4, 2003, the municipal	1513
corporation may continue after 2002 to tax an S corporation	1514
shareholder's distributive share of net profits of an S	1515
corporation.	1516

(c) If, on December 6, 2002, a municipal corporation was	1517
imposing, assessing, and collecting a tax on an S corporation	1518
shareholder's distributive share of net profits of the S	1519
corporation to the extent the distributive share would be	1520
allocated or apportioned to this state under divisions (B)(1) and	1521
(2) of section 5733.05 of the Revised Code if the S corporation	1522
were a corporation subject to taxes imposed under Chapter 5733. of	1523
the Revised Code, the municipal corporation may continue to impose	1524
the tax on such distributive shares to the extent such shares	1525
would be so allocated or apportioned to this state only until	1526
December 31, 2004, unless a majority of the electors of the	1527
municipal corporation voting on the question of continuing to tax	1528
such shares after that date vote in favor of that question at an	1529
election held November 2, 2004. If a majority of those electors	1530
vote in favor of the question, the municipal corporation may	1531
continue after December 31, 2004, to impose the tax on such	1532
distributive shares only to the extent such shares would be so	1533
allocated or apportioned to this state.	1534

(d) For the purposes of division (D) of section 718.14 of the	1535
Revised Code, a municipal corporation shall be deemed to have	1536
elected to tax S corporation shareholders' distributive shares of	1537
net profits of the S corporation in the hands of the shareholders	1538
if a majority of the electors of a municipal corporation vote in	1539
favor of a question at an election held under division (H)(9)(b)	1540
or (c) of this section. The municipal corporation shall specify by	1541
ordinance or rule that the tax applies to the distributive share	1542
of a shareholder of an S corporation in the hands of the	1543
shareholder of the S corporation.	1544

(10) Employee compensation that is not "qualifying wages" as	1545
defined in section 718.03 of the Revised Code;	1546

(11) Beginning August 1, 2007, compensation paid to a person	1547
employed within the boundaries of a United States air force base	1548
under the jurisdiction of the United States air force that is used	1549
for the housing of members of the United States air force and is a	1550
center for air force operations, unless the person is subject to	1551
taxation because of residence or domicile. If the compensation is	1552
subject to taxation because of residence or domicile, municipal	1553
income tax shall be payable only to the municipal corporation of	1554
residence or domicile.	1555

(I) Any municipal corporation that taxes any type of	1556
intangible income on March 29, 1988, pursuant to Section 3 of	1557
Amended Substitute Senate Bill No. 238 of the 116th general	1558
assembly, may continue to tax that type of income after 1988 if a	1559
majority of the electors of the municipal corporation voting on	1560
the question of whether to permit the taxation of that type of	1561
intangible income after 1988 vote in favor thereof at an election	1562
held on November 8, 1988.	1563

(J) Nothing in this section or section 718.02 of the Revised	1564
Code shall authorize the levy of any tax on income that a	1565
municipal corporation is not authorized to levy under existing	1566
laws or shall require a municipal corporation to allow a deduction	1567
from taxable income for losses incurred from a sole proprietorship	1568
or partnership.	1569

(K)(1) Nothing in this chapter prohibits a municipal	1570
corporation from allowing, by resolution or ordinance, a net	1571
operating loss carryforward.	1572

(2) Nothing in this chapter requires a municipal corporation	1573
to allow a net operating loss carryforward.	1574

(L)(1) A single member limited liability company that is a	1575
disregarded entity for federal tax purposes may elect to be a	1576
separate taxpayer from its single member in all Ohio municipal	1577
corporations in which it either filed as a separate taxpayer or	1578
did not file for its taxable year ending in 2003, if all of the	1579
following conditions are met:	1580

(a) The limited liability company's single member is also a	1581
limited liability company;	1582

(b) The limited liability company and its single member were	1583
formed and doing business in one or more Ohio municipal	1584
corporations for at least five years before January 1, 2004;	1585

(c) Not later than December 31, 2004, the limited liability	1586
company and its single member each make an election to be treated	1587
as a separate taxpayer under division (L) of this section;	1588

(d) The limited liability company was not formed for the	1589
purpose of evading or reducing Ohio municipal corporation income	1590
tax liability of the limited liability company or its single	1591
member;	1592

(e) The Ohio municipal corporation that is the primary place	1593
of business of the sole member of the limited liability company	1594
consents to the election.	1595

(2) For purposes of division (L)(1)(e) of this section, a	1596
municipal corporation is the primary place of business of a	1597
limited liability company if, for the limited liability company's	1598
taxable year ending in 2003, its income tax liability is greater	1599
in that municipal corporation than in any other municipal	1600
corporation in Ohio, and that tax liability to that municipal	1601
corporation for its taxable year ending in 2003 is at least four	1602
hundred thousand dollars.	1603

Sec. 3705.242. (A)(1) The director of health, a person	1604
authorized by the director, a local commissioner of health, or a	1605
local registrar of vital statistics shall charge and collect a fee	1606
of one dollar and fifty cents for each certified copy of a birth	1607
record, each certification of birth, and each copy of a death	1608
record. The fee is in addition to the fee imposed by section	1609
3705.24 or any other section of the Revised Code. A local	1610
commissioner of health or local registrar of vital statistics may	1611
retain an amount of each additional fee collected, not to exceed	1612
three per cent of the amount of the additional fee, to be used for	1613
costs directly related to the collection of the fee and the	1614
forwarding of the fee to the department of health.	1615

The additional fees collected by the director of health or a	1616
person authorized by the director and the additional fees	1617
collected but not retained by a local commissioner of health or a	1618
local registrar of vital statistics shall be forwarded to the	1619
department of health not later than thirty days following the end	1620
of each quarter. Not later than two days after the fees are	1621
forwarded to the department each quarter, the department shall pay	1622
the collected fees to the treasurer of state in accordance with	1623
rules adopted by the treasurer of state under section 113.08 of	1624
the Revised Code.	1625

(2) On the filing of a divorce decree under section 3105.10	1626
or a decree of dissolution under section 3105.65 of the Revised	1627
Code, a court of common pleas shall charge and collect a fee of	1628
five dollars and fifty cents. The fee is in addition to any other	1629
court costs or fees. The county clerk of courts may retain an	1630
amount of each additional fee collected, not to exceed three per	1631
cent of the amount of the additional fee, to be used for costs	1632
directly related to the collection of the fee and the forwarding	1633
of the fee to the treasurer of state. The additional fees	1634
collected, but not retained, under division (A)(2) of this section	1635
shall be forwarded to the treasurer of state not later than twenty	1636
days following the end of each month.	1637

(B) The treasurer of state shall deposit the fees paid or	1638
forwarded under this section in the state treasury to the credit	1639
of the family violence prevention fund, which is hereby created. A	1640
person or government entity that fails to pay or forward the fees	1641
in ~~a timely~~the manner~~, as determined by the treasurer of state~~	1642
described in this section, shall send to the ~~treasurer of state,~~	1643
~~in addition to the fees,~~department of public safety a penalty	1644
equal to ten per cent of the fees. The department of public safety	1645
shall forward all collected late fees to the treasurer of state	1646
for deposit into the family violence prevention fund in accordance	1647
with rules adopted by the treasurer of state under section 113.08	1648
of the Revised Code.	1649

The treasurer of state shall invest the moneys in the fund.	1650
All earnings resulting from investment of the fund shall be	1651
credited to the fund, except that actual administration costs	1652
incurred by the treasurer of state in administering the fund may	1653
be deducted from the earnings resulting from investments. The	1654
amount that may be deducted shall not exceed three per cent of the	1655
total amount of fees credited to the fund in each fiscal year. The	1656
balance of the investment earnings shall be credited to the fund.	1657

(C) The director of public safety shall use money credited to	1658
the fund to provide grants to family violence shelters in Ohio and	1659
to operate the division of criminal justice services.	1660

Sec. 3791.12. (A) As used in this section and section	1661
3791.13 of the Revised Code:	1662

(1) "Service station" means any facility designed and	1663
constructed primarily for use in the retail sale of gasoline,	1664
other petroleum products, and related accessories; except that	1665
"service station" does not include any such facility that has been	1666
converted for use for another bona fide business purpose, on and	1667
after the date of commencement of such other use.	1668

(2) "Abandoned service station" means any service station	1669
that has not been used for the retail sale of gasoline, other	1670
petroleum products, and related accessories for a continuous	1671
period of six months, whenever failure to reasonably secure	1672
station buildings from ready access by unauthorized persons and to	1673
reasonably maintain the station's premises has resulted in	1674
conditions that endanger the public health, welfare, safety, or	1675
morals; provided, that such conditions include, but are not	1676
limited to, the presence of defective or deteriorated electrical	1677
wiring, heating apparatus, and gas connections, or of unprotected	1678
gasoline storage tanks, piping, and valves, or any combination of	1679
the foregoing; and provided further that the casual and	1680
intermittent use of a service station for the retail sale of any	1681
item described in division (A)(1) of this section during such	1682
six-month period shall not be held to prevent the station from	1683
being determined an abandoned service station if it meets the	1684
other qualifications of this division.	1685

(B) The executive authority of each municipal corporation and	1686
the board of county commissioners of each county shall designate a	1687
suitable person to make inspections, within their respective	1688
territorial jurisdictions, of any service stations that are, or	1689
appear to be, no longer in use for the purposes described in	1690
division (A)(1) of this section ~~3791.11 of the Revised Code~~, or	1691
for any other bona fide business purpose. Inspections of service	1692
stations under this section shall be made at the order of the	1693
executive authority or board, or upon the complaint of any person	1694
claiming to be adversely affected by the condition of a service	1695
station. Any inspector designated under this section shall have	1696
the right to enter upon and inspect any service station that is,	1697
or appears to be, no longer in use as described in this section.	1698
No inspector, while in the lawful pursuit of official duties for	1699
such purpose, shall be subject to arrest for trespass while so	1700
engaged or for such cause thereafter.	1701

~~(B)~~(C) Whenever an inspector, upon inspecting a service	1702
station as provided in this section, has reasonable cause to	1703
believe that it qualifies as an abandoned service station, the	1704
inspector shall prepare a written report of the condition of the	1705
station's buildings and premises. The report shall be filed	1706
immediately with the executive authority or board. Upon receipt of	1707
the report, the executive authority or board shall fix a place and	1708
time, not less than thirty days nor more than sixty days after	1709
receipt of the report, for a hearing to determine whether the	1710
service station is an abandoned service station. The executive	1711
authority or board shall send written notice of the place and date	1712
of the hearing, together with a copy of the inspector's report and	1713
information that the service station may be ordered repaired or	1714
removed if determined to be abandoned, to all persons listed in	1715
the ~~bond filed under division (C) of section 3791.11 of the~~	1716
~~Revised Code~~records of the county recorder as an owner of the	1717
affected property, and to all persons listed in the records of the	1718
county recorder or county clerk of courts as holding a lien on the	1719
affected property. Such notice shall be sent by certified mail to	1720
the address shown on such records.	1721

~~(C)~~(D) In hearing the matter and deciding the issue, the	1722
executive authority or board shall consider the testimony of any	1723
persons appearing pursuant to the notice or their authorized	1724
representatives, the testimony of any witnesses appearing on	1725
behalf of such persons, the inspector's report or testimony, or	1726
both, and any other evidence pertinent to the matter. If the	1727
executive authority or board thereupon determines that the service	1728
station is an abandoned service station in such condition as to	1729
constitute a danger to the public health, welfare, safety, or	1730
morals, it shall order the satisfactory repair, or removal, of the	1731
service station and its appurtenances, and restoration of the	1732
property, within such period of time, not less than thirty days,	1733
as the executive authority or board thereupon determines	1734
reasonable. Notice of the findings and order shall be sent to all	1735
persons required to be notified by division ~~(B)~~(C) of this section	1736
in the same manner as provided in that division.	1737

~~(D)~~(E) If an abandoned service station is not satisfactorily	1738
repaired or removed within the period of time provided in an order	1739
made under division ~~(C)~~(D) of this section, the municipal	1740
corporation or county may enter the land and complete the repair,	1741
if repair was ordered, or remove the service station and its	1742
appurtenances, if removal was ordered, and restore the property.	1743

~~(E)~~(F) Any person aggrieved by an order of an executive	1744
authority or board made under division ~~(C)~~(D) of this section, may	1745
appeal as provided in Chapter 2506. of the Revised Code within	1746
thirty days of the mailing of notice of the order.	1747

~~(F)~~(G) In the event that no persons notified as provided in	1748
division ~~(B)~~(C) of this section, or their authorized	1749
representatives, appear at the hearing, respond to an order of the	1750
executive authority or board, or appeal within thirty days of the	1751
mailing of notice of the order as provided in division ~~(E)~~(F) of	1752
this section, the municipal corporation or county may proceed as	1753
provided in division ~~(D)~~(E) of this section.	1754

Sec. 3791.13. (A) When a municipal corporation or county	1755
enters and repairs or removes an abandoned service station and its	1756
appurtenances and restores the property as provided in division	1757
~~(D)~~(E) or ~~(F)~~(G) of section 3791.12 of the Revised Code, it may	1758
bring an action ~~on the bond filed pursuant to division (C) of~~	1759
~~section 3791.11 of the Revised Code~~ to recover the costs of repair	1760
or removal and restoration, plus the costs of the suit. ~~If the~~	1761
~~costs of repair or removal and restoration exceed the amount~~	1762
~~collected on the bond, the~~The owner of the property and any	1763
lessee, other than a person leasing and operating the service	1764
station pursuant to a contract with a supplier of gasoline and	1765
other petroleum products, shall be jointly and severally liable	1766
for the ~~deficiency~~costs.	1767

(B) Sections ~~3791.11,~~ 3791.12, 3791.13 and 3791.99 of the	1768
Revised Code shall be an alternative remedy for the removal of	1769
abandoned service stations and shall not invalidate municipal	1770
ordinances regulating the use, requiring maintenance or repair, or	1771
providing for the removal of service stations.	1772

Sec. 3791.99. (A) Whoever violates ~~division (B) of section~~	1773
~~3791.11 or~~ division (D) of section 3791.21 of the Revised Code is	1774
guilty of a minor misdemeanor, and each day the violation	1775
continues constitutes a separate offense.	1776

(B) Whoever violates this chapter or any rule adopted or	1777
order issued pursuant to it that relates to the construction,	1778
alteration, or repair of any building, and the violation is not	1779
detrimental to the health, safety, or welfare of any person, shall	1780
be fined not more than one hundred dollars.	1781

(C) Whoever violates this chapter or any rule adopted or	1782
order issued pursuant to it that relates to the construction,	1783
alteration, or repair of any building, and the violation is	1784
detrimental to the health, safety, or welfare of any person, is	1785
guilty of a minor misdemeanor.	1786

Sec. 4501.03. The registrar of motor vehicles shall open an	1787
account with each county and district of registration in the	1788
state, and may assign each county and district of registration in	1789
the state a unique code for identification purposes. Except as	1790
provided in section 4501.044 or division (A)(1) of section	1791
4501.045 of the Revised Code, the registrar shall pay all moneys	1792
the registrar receives under sections 4503.02,and 4503.12~~, and~~	1793
~~4504.09~~ of the Revised Code into the state treasury to the credit	1794
of the auto registration distribution fund, which is hereby	1795
created, for distribution in the manner provided for in this	1796
section and ~~sections~~section 4501.04~~, 4501.041, 4501.042, and~~	1797
~~4501.043~~ of the Revised Code. All other moneys received by the	1798
registrar shall be deposited in the state bureau of motor vehicles	1799
fund established in section 4501.25 of the Revised Code for the	1800
purposes enumerated in that section, unless otherwise provided by	1801
law.	1802

All moneys credited to the auto registration distribution	1803
fund shall be distributed to the counties and districts of	1804
registration, ~~except for funds received by the registrar under~~	1805
~~section 4504.09 of the Revised Code,~~ after receipt of	1806
certifications from the commissioners of the sinking fund	1807
certifying, as required by sections 5528.15 and 5528.35 of the	1808
Revised Code, that there are sufficient moneys to the credit of	1809
the highway improvement bond retirement fund created by section	1810
5528.12 of the Revised Code to meet in full all payments of	1811
interest, principal, and charges for the retirement of bonds and	1812
other obligations issued pursuant to Section 2g of Article VIII,	1813
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1814
Code due and payable during the current calendar year, and that	1815
there are sufficient moneys to the credit of the highway	1816
obligations bond retirement fund created by section 5528.32 of the	1817
Revised Code to meet in full all payments of interest, principal,	1818
and charges for the retirement of highway obligations issued	1819
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1820
sections 5528.30 and 5528.31 of the Revised Code due and payable	1821
during the current calendar year, in the manner provided in	1822
section 4501.04 of the Revised Code.	1823

The treasurer of state may invest any portion of the moneys	1824
credited to the auto registration distribution fund, in the same	1825
manner and subject to all the laws with respect to the investment	1826
of state funds by the treasurer of state, and all investment	1827
earnings of the fund shall be credited to the fund.	1828

Once each month the registrar shall prepare vouchers in favor	1829
of the county auditor of each county for the amount of the tax	1830
collection pursuant to sections 4503.02 and 4503.12 of the Revised	1831
Code apportioned to the county and to the districts of	1832
registration located wholly or in part in the county auditor's	1833
county. The county auditor shall distribute the proceeds of the	1834
tax collections due the county and the districts of registration	1835
in the manner provided in section 4501.04 of the Revised Code.	1836

~~Once each month the registrar also shall prepare vouchers in~~	1837
~~favor of the county auditor of each county levying a county motor~~	1838
~~vehicle license tax pursuant to section 4504.02, 4504.15, or~~	1839
~~4504.16 of the Revised Code and of each county in which is located~~	1840
~~one or more townships levying a township motor vehicle license tax~~	1841
~~pursuant to section 4504.18 of the Revised Code for the amount of~~	1842
~~the tax due the county or townships in the county.~~	1843

All moneys received by the registrar under sections 4503.02,	1844
and 4503.12~~, and 4504.09~~ of the Revised Code shall be distributed	1845
to counties, townships, and municipal corporations within thirty	1846
days of the expiration of the registration year, except that a sum	1847
equal to five per cent of the total amount received under sections	1848
4503.02 and 4503.12 of the Revised Code may be reserved to make	1849
final adjustments in accordance with the formula for distribution	1850
set forth in section 4501.04 of the Revised Code. If amounts set	1851
aside to make the adjustments are inadequate, necessary	1852
adjustments shall be made immediately out of funds available for	1853
distribution for the following two registration years.	1854

Sec. 4501.031. All moneys received under section 4504.09 of	1855
the Revised Code shall be paid into the state treasury to the	1856
credit of the local motor vehicle license tax fund, which is	1857
hereby created, for distribution in the manner provided for in	1858
this chapter. The treasurer of state may invest any portion of the	1859
moneys credited to the fund in the same manner and subject to all	1860
the laws governing the investment of state funds by the treasurer	1861
of state. All investment earnings of the fund shall be credited to	1862
the fund.	1863

The registrar of motor vehicles shall open an account with	1864
each county and district of registration in the state, and may	1865
assign each county and district a code for identification	1866
purposes. The code for a county or district may be the same as the	1867
code assigned to the county or district by the registrar under	1868
section 4501.03 of the Revised Code.	1869

Once each month the registrar shall prepare vouchers in favor	1870
of the county auditor of each county levying a county motor	1871
vehicle license tax pursuant to section 4504.02, 4504.15, or	1872
4504.16 of the Revised Code and of each county in which is located	1873
one or more townships levying a township motor vehicle license tax	1874
pursuant to section 4504.18 of the Revised Code for the amount of	1875
the tax due the county or townships in the county.	1876

All moneys received by the registrar under section 4504.09 of	1877
the Revised Code shall be distributed to counties, townships, and	1878
municipal corporations within thirty days of the expiration of the	1879
registration year. Necessary adjustments shall be made immediately	1880
out of funds available for distribution for the following two	1881
registration years.	1882

Sec. 4501.04. All moneys paid into the auto registration	1883
distribution fund under section 4501.03 of the Revised Code,	1884
except ~~moneys received under section 4504.09 of the Revised Code~~	1885
~~and~~ moneys received under section 4503.02 of the Revised Code in	1886
accordance with section 4501.13 of the Revised Code, and except	1887
moneys paid for costs of audits under section 4501.03 of the	1888
Revised Code, after receipt by the treasurer of state of	1889
certifications from the commissioners of the sinking fund	1890
certifying, as required by sections 5528.15 and 5528.35 of the	1891
Revised Code, that there are sufficient moneys to the credit of	1892
the highway improvement bond retirement fund created by section	1893
5528.12 of the Revised Code to meet in full all payments of	1894
interest, principal, and charges for the retirement of bonds and	1895
other obligations issued pursuant to Section 2g of Article VIII,	1896
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1897
Code, due and payable during the current calendar year, and that	1898
there are sufficient moneys to the credit of the highway	1899
obligations bond retirement fund created by section 5528.32 of the	1900
Revised Code to meet in full all payments of interest, principal,	1901
and charges for the retirement of highway obligations issued	1902
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1903
sections 5528.30 and 5528.31 of the Revised Code due and payable	1904
during the current calendar year, shall be distributed as follows:	1905

(A) Thirty-four per cent of all such moneys are for the use	1906
of the municipal corporation or county which constitutes the	1907
district of registration. The portion of such money due to the	1908
municipal corporation shall be paid into its treasury forthwith	1909
upon receipt by the county auditor, and shall be used to plan,	1910
construct, reconstruct, repave, widen, maintain, repair, clear,	1911
and clean public highways, roads, and streets; to maintain and	1912
repair bridges and viaducts; to purchase, erect, and maintain	1913
street and traffic signs and markers; to purchase, erect, and	1914
maintain traffic lights and signals; to pay the principal,	1915
interest, and charges on bonds and other obligations issued	1916
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1917
to section 5531.09 of the Revised Code for the purpose of	1918
acquiring or constructing roads, highways, bridges, or viaducts,	1919
or acquiring or making other highway improvements for which the	1920
municipal corporation may issue bonds; and to supplement revenue	1921
already available for such purposes.	1922

The county portion of such funds shall be retained in the	1923
county treasury and shall be used for the planning, maintenance,	1924
repair, construction, and repaving of public streets, and	1925
maintaining and repairing bridges and viaducts; the payment of	1926
principal, interest, and charges on bonds and other obligations	1927
issued pursuant to Chapter 133. of the Revised Code or incurred	1928
pursuant to section 5531.09 of the Revised Code for the purpose of	1929
acquiring or constructing roads, highways, bridges, or viaducts or	1930
acquiring or making other highway improvements for which the board	1931
of county commissioners may issue bonds under such chapter; and	1932
for no other purpose.	1933

(B) Five per cent of all such moneys, together with interest	1934
earned by the treasurer of state as provided in section 4501.03 of	1935
the Revised Code, shall constitute a fund for the use of the	1936
several counties for the purposes specified in division (C) of	1937
this section. The moneys shall be divided equally among all the	1938
counties in the state and shall be paid out by the registrar of	1939
motor vehicles in equal proportions to the county auditor of each	1940
county within the state.	1941

(C) Forty-seven per cent of all such moneys shall be for the	1942
use of the county in which the owner resides or in which the place	1943
is located at which the established business or branch business in	1944
connection with which the motor vehicle registered is used, for	1945
the planning, construction, reconstruction, improvement,	1946
maintenance, and repair of roads and highways; maintaining and	1947
repairing bridges and viaducts; and the payment of principal,	1948
interest, and charges on bonds and other obligations issued	1949
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1950
to section 5531.09 of the Revised Code for the purpose of	1951
acquiring or constructing roads, highways, bridges, or viaducts or	1952
acquiring or making other highway improvements for which the board	1953
of county commissioners may issue bonds under such chapter.	1954

(D) Nine per cent of all such moneys shall be for the use of	1955
the several counties for the purposes specified in division (C) of	1956
this section and shall be distributed to the several counties in	1957
the ratio which the total number of miles of county roads under	1958
the jurisdiction of each board of county commissioners in each	1959
county bears to the total number of miles of county roads in the	1960
state, as determined by the director of transportation. Before	1961
such distribution is made each board of county commissioners shall	1962
certify in writing to the director the actual number of miles	1963
under its statutory jurisdiction which are used by and maintained	1964
for the public.	1965

(E) Five per cent of all such moneys shall be for the use of	1966
the several townships and shall be distributed to the several	1967
townships in the ratio which the total number of miles of township	1968
roads under the jurisdiction of each board of township trustees in	1969
each township bears to the total number of miles of township roads	1970
in the state, as determined by the director of transportation.	1971
Before such distribution is made each board of township trustees	1972
shall certify in writing to the director the actual number of	1973
miles under its statutory jurisdiction which are used by and	1974
maintained for the public.	1975

Sec. 4501.041. Except as provided in section 4501.042 of the	1976
Revised Code, all moneys received under section 4504.09 of the	1977
Revised Code with respect to counties levying county motor vehicle	1978
license taxes pursuant to section 4504.02, 4504.15, or 4504.16 of	1979
the Revised Code and paid into the state treasury under section	1980
~~4501.03~~4501.031 of the Revised Code shall be distributed to the	1981
respective counties levying such taxes for allocation and	1982
distribution as provided in section 4504.05 of the Revised Code.	1983

Sec. 4501.042. All moneys received under section 4504.09 of	1984
the Revised Code from municipal motor vehicle license taxes levied	1985
pursuant to section 4504.06, 4504.17, 4504.171, or 4504.172 of the	1986
Revised Code, and any part of the moneys received from county	1987
motor vehicle license taxes levied pursuant to section 4504.15 of	1988
the Revised Code which is to be distributed to municipal	1989
corporations, shall be paid ~~directly~~ into the state treasury to	1990
the credit of the local motor vehicle license tax fund created	1991
under section 4501.031 of the Revised Code and shall be	1992
distributed to the treasuries of the municipal corporations	1993
levying or entitled to such tax moneys.	1994

Sec. 4501.043. All moneys received under section 4504.09 of	1995
the Revised Code with respect to townships levying township	1996
license taxes pursuant to section 4504.18 of the Revised Code and	1997
paid into the state treasury under section ~~4501.03~~4501.031 of the	1998
Revised Code shall be distributed to the respective townships	1999
levying such taxes for allocation and distribution as provided in	2000
section 4504.19 of the Revised Code.	2001

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	2002
referred to in division (O) of section 4503.04, division (E) of	2003
section 4503.042, division (B) of section 4503.07, division (C)(1)	2004
of section 4503.10, division (D) of section 4503.182, division (A)	2005
of section 4503.19, division (D)(2) of section 4507.24, division	2006
(A) of section 4508.06, and sections 4503.40, 4503.42, 4505.11,	2007
4505.111, 4506.08, ~~4506.09,~~ 4507.23, 4508.05, 4513.53, and 5502.12	2008
of the Revised Code, and the taxes charged in section 4503.65 that	2009
are distributed in accordance with division (A)(2) of section	2010
4501.044 of the Revised Code unless otherwise designated by law,	2011
shall be deposited in the state treasury to the credit of the	2012
state highway safety fund, which is hereby created~~, and~~. Money	2013
credited to the fund shall, after receipt of certifications from	2014
the commissioners of the sinking fund certifying that there are	2015
sufficient moneys to the credit of the highway obligations bond	2016
retirement fund created by section 5528.32 of the Revised Code to	2017
meet in full all payments of interest, principal, and charges for	2018
the retirement of highway obligations issued pursuant to Section	2019
2i of Article VIII, Ohio Constitution, and sections 5528.30 and	2020
5528.31 of the Revised Code due and payable during the current	2021
calendar year, be used for the purpose of enforcing and paying the	2022
expenses of administering the law relative to the registration and	2023
operation of motor vehicles on the public roads or highways.	2024
Amounts credited to the fund may also be used to pay the expenses	2025
of administering and enforcing the laws under which such fees were	2026
collected. All investment earnings of the state highway safety	2027
fund shall be credited to the fund.	2028

Sec. 4503.04. Except as provided in sections 4503.042 and	2029
4503.65 of the Revised Code for the registration of commercial	2030
cars, trailers, semitrailers, and certain buses, the rates of the	2031
taxes imposed by section 4503.02 of the Revised Code shall be as	2032
follows:	2033

(A) For motor vehicles having three wheels or less, the	2034
license tax is:	2035

(1) For each motorized bicycle, ten dollars;

2036

(2) For each motorcycle, fourteen dollars.

2037

(B) For each passenger car, twenty dollars;

2038

(C) For each manufactured home, each mobile home, and each	2039
travel trailer, ten dollars;	2040

(D) For each noncommercial motor vehicle designed by the	2041
manufacturer to carry a load of no more than three-quarters of one	2042
ton and for each motor home, thirty-five dollars; for each	2043
noncommercial motor vehicle designed by the manufacturer to carry	2044
a load of more than three-quarters of one ton, but not more than	2045
one ton, seventy dollars;	2046

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

2047

(1) Eighty-five cents for each one hundred pounds or part	2048
thereof for the first two thousand pounds or part thereof of	2049
weight of vehicle fully equipped;	2050

(2) One dollar and forty cents for each one hundred pounds or	2051
part thereof in excess of two thousand pounds up to and including	2052
ten thousand pounds.	2053

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

2054

(1) Vehicle equipped, owned, and used by a charitable or	2055
nonprofit corporation exclusively for the purpose of administering	2056
chest x-rays or receiving blood donations;	2057

(2) Van used principally for the transportation of	2058
handicapped persons that has been modified by being equipped with	2059
adaptive equipment to facilitate the movement of such persons into	2060
and out of the van;	2061

(3) Bus used principally for the transportation of	2062
handicapped persons or persons sixty-five years of age or older.	2063

(G) Notwithstanding its weight, twenty dollars for any bus	2064
used principally for the transportation of persons in a	2065
ridesharing arrangement.	2066

(H) For each transit bus having motor power the license tax	2067
is twelve dollars.	2068

"Transit bus" means either a motor vehicle having a seating	2069
capacity of more than seven persons which is operated and used by	2070
any person in the rendition of a public mass transportation	2071
service primarily in a municipal corporation or municipal	2072
corporations and provided at least seventy-five per cent of the	2073
annual mileage of such service and use is within such municipal	2074
corporation or municipal corporations or a motor vehicle having a	2075
seating capacity of more than seven persons which is operated	2076
solely for the transportation of persons associated with a	2077
charitable or nonprofit corporation, but does not mean any motor	2078
vehicle having a seating capacity of more than seven persons when	2079
such vehicle is used in a ridesharing capacity or any bus	2080
described by division (F)(3) of this section.	2081

The application for registration of such transit bus shall be	2082
accompanied by an affidavit prescribed by the registrar of motor	2083
vehicles and signed by the person or an agent of the firm or	2084
corporation operating such bus stating that the bus has a seating	2085
capacity of more than seven persons, and that it is either to be	2086
operated and used in the rendition of a public mass transportation	2087
service and that at least seventy-five per cent of the annual	2088
mileage of such operation and use shall be within one or more	2089
municipal corporations or that it is to be operated solely for the	2090
transportation of persons associated with a charitable or	2091
nonprofit corporation.	2092

The form of the license plate, and the manner of its	2093
attachment to the vehicle, shall be prescribed by the registrar of	2094
motor vehicles.	2095

(I) The minimum tax for any vehicle having motor power other	2096
than a farm truck, a motorized bicycle, or motorcycle is ten	2097
dollars and eighty cents, and for each noncommercial trailer, five	2098
dollars.	2099

(J)(1) Except as otherwise provided in division (J) of this	2100
section, for each farm truck, except a noncommercial motor	2101
vehicle, that is owned, controlled, or operated by one or more	2102
farmers exclusively in farm use as defined in this section, and	2103
not for commercial purposes, and provided that at least	2104
seventy-five per cent of such farm use is by or for the one or	2105
more owners, controllers, or operators of the farm in the	2106
operation of which a farm truck is used, the license tax is five	2107
dollars plus:	2108

(a) Fifty cents per one hundred pounds or part thereof for	2109
the first three thousand pounds;	2110

(b) Seventy cents per one hundred pounds or part thereof in	2111
excess of three thousand pounds up to and including four thousand	2112
pounds;	2113

(c) Ninety cents per one hundred pounds or part thereof in	2114
excess of four thousand pounds up to and including six thousand	2115
pounds;	2116

(d) Two dollars for each one hundred pounds or part thereof	2117
in excess of six thousand pounds up to and including ten thousand	2118
pounds;	2119

(e) Two dollars and twenty-five cents for each one hundred	2120
pounds or part thereof in excess of ten thousand pounds;	2121

(f) The minimum license tax for any farm truck shall be	2122
twelve dollars.	2123

(2) The owner of a farm truck may register the truck for a	2124
period of one-half year by paying one-half the registration tax	2125
imposed on the truck under this chapter and one-half the amount of	2126
any tax imposed on the truck under Chapter 4504. of the Revised	2127
Code.	2128

(3) A farm bus may be registered for a period of ~~ninety~~two	2129
hundred ten days from the date of issue of the license plates for	2130
the bus, for a fee of ten dollars, provided such license plates	2131
shall not be issued for more than ~~any two ninety-day periods~~one	2132
such period in any calendar year. Such use does not include the	2133
operation of trucks by commercial processors of agricultural	2134
products.	2135

(4) License plates for farm trucks and for farm buses shall	2136
have some distinguishing marks, letters, colors, or other	2137
characteristics to be determined by the director of public safety.	2138

(5) Every person registering a farm truck or bus under this	2139
section shall furnish an affidavit certifying that the truck or	2140
bus licensed to that person is to be so used as to meet the	2141
requirements necessary for the farm truck or farm bus	2142
classification.	2143

Any farmer may use a truck owned by the farmer for commercial	2144
purposes by paying the difference between the commercial truck	2145
registration fee and the farm truck registration fee for the	2146
remaining part of the registration period for which the truck is	2147
registered. Such remainder shall be calculated from the beginning	2148
of the semiannual period in which application for such commercial	2149
license is made.	2150

Taxes at the rates provided in this section are in lieu of	2151
all taxes on or with respect to the ownership of such motor	2152
vehicles, except as provided in section 4503.042 and section	2153
4503.06 of the Revised Code.	2154

(K) Other than trucks registered under the international	2155
registration plan in another jurisdiction and for which this state	2156
has received an apportioned registration fee, the license tax for	2157
each truck which is owned, controlled, or operated by a	2158
nonresident, and licensed in another state, and which is used	2159
exclusively for the transportation of nonprocessed agricultural	2160
products intrastate, from the place of production to the place of	2161
processing, is twenty-four dollars.	2162

"Truck," as used in this division, means any pickup truck,	2163
straight truck, semitrailer, or trailer other than a travel	2164
trailer. Nonprocessed agricultural products, as used in this	2165
division, does not include livestock or grain.	2166

A license issued under this division shall be issued for a	2167
period of one hundred thirty days in the same manner in which all	2168
other licenses are issued under this section, provided that no	2169
truck shall be so licensed for more than one	2170
one-hundred-thirty-day period during any calendar year.	2171

The license issued pursuant to this division shall consist of	2172
a windshield decal to be designed by the director of public	2173
safety.	2174

Every person registering a truck under this division shall	2175
furnish an affidavit certifying that the truck licensed to the	2176
person is to be used exclusively for the purposes specified in	2177
this division.	2178

(L) Every person registering a motor vehicle as a	2179
noncommercial motor vehicle as defined in section 4501.01 of the	2180
Revised Code, or registering a trailer as a noncommercial trailer	2181
as defined in that section, shall furnish an affidavit certifying	2182
that the motor vehicle or trailer so licensed to the person is to	2183
be so used as to meet the requirements necessary for the	2184
noncommercial vehicle classification.	2185

(M) Every person registering a van or bus as provided in	2186
divisions (F)(2) and (3) of this section shall furnish a notarized	2187
statement certifying that the van or bus licensed to the person is	2188
to be used for the purposes specified in those divisions. The form	2189
of the license plate issued for such motor vehicles shall be	2190
prescribed by the registrar.	2191

(N) Every person registering as a passenger car a motor	2192
vehicle designed and used for carrying more than nine but not more	2193
than fifteen passengers, and every person registering a bus as	2194
provided in division (G) of this section, shall furnish an	2195
affidavit certifying that the vehicle so licensed to the person is	2196
to be used in a ridesharing arrangement and that the person will	2197
have in effect whenever the vehicle is used in a ridesharing	2198
arrangement a policy of liability insurance with respect to the	2199
motor vehicle in amounts and coverages no less than those required	2200
by section 4509.79 of the Revised Code. The form of the license	2201
plate issued for such a motor vehicle shall be prescribed by the	2202
registrar.	2203

(O)(1) Commencing on October 1, 2009, if an application for	2204
registration renewal is not applied for prior to the expiration	2205
date of the registration or within ~~seven~~thirty days after that	2206
date, the registrar or deputy registrar shall collect a fee of	2207
~~twenty~~ten dollars for the issuance of the vehicle registration.	2208
For any motor vehicle that is used on a seasonal basis, whether	2209
used for general transportation or not, and that has not been used	2210
on the public roads or highways since the expiration of the	2211
registration, the registrar or deputy registrar shall waive the	2212
fee established under this division if the application is	2213
accompanied by supporting evidence of seasonal use as the	2214
registrar may require. The registrar or deputy registrar may waive	2215
the fee for other good cause shown if the application is	2216
accompanied by supporting evidence as the registrar may require.	2217
The fee shall be in addition to all other fees established by this	2218
section. A deputy registrar shall retain fifty cents of the fee	2219
and shall transmit the remaining amount to the registrar at the	2220
time and in the manner provided by section 4503.10 of the Revised	2221
Code. The registrar shall deposit all moneys received under this	2222
division into the state highway safety fund established in section	2223
4501.06 of the Revised Code.	2224

(2) Division (O)(1) of this section does not apply to a farm	2225
truck or farm bus registered under division (J) of this section.	2226

(P) As used in this section:

2227

(1) "Van" means any motor vehicle having a single rear axle	2228
and an enclosed body without a second seat.	2229

(2) "Handicapped person" means any person who has lost the	2230
use of one or both legs, or one or both arms, or is blind, deaf,	2231
or so severely disabled as to be unable to move about without the	2232
aid of crutches or a wheelchair.	2233

(3) "Farm truck" means a truck used in the transportation	2234
from the farm of products of the farm, including livestock and its	2235
products, poultry and its products, floricultural and	2236
horticultural products, and in the transportation to the farm of	2237
supplies for the farm, including tile, fence, and every other	2238
thing or commodity used in agricultural, floricultural,	2239
horticultural, livestock, and poultry production and livestock,	2240
poultry, and other animals and things used for breeding, feeding,	2241
or other purposes connected with the operation of the farm.	2242

(4) "Farm bus" means a bus used only for the transportation	2243
of agricultural employees and used only in the transportation of	2244
such employees as are necessary in the operation of the farm.	2245

(5) "Farm supplies" includes fuel used exclusively in the	2246
operation of a farm, including one or more homes located on and	2247
used in the operation of one or more farms, and furniture and	2248
other things used in and around such homes.	2249

Sec. 4503.042. The registrar of motor vehicles shall adopt	2250
rules establishing the date, subsequent to this state's entry into	2251
membership in the international registration plan, when the rates	2252
established by this section become operative.	2253

(A) The rates of the taxes imposed by section 4503.02 of the	2254
Revised Code are as follows for commercial cars having a gross	2255
vehicle weight or combined gross vehicle weight of:	2256

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

2257

(2) More than two thousand but not more than six thousand	2258
pounds, seventy dollars;	2259

(3) More than six thousand but not more than ten thousand	2260
pounds, eighty-five dollars;	2261

(4) More than ten thousand but not more than fourteen	2262
thousand pounds, one hundred five dollars;	2263

(5) More than fourteen thousand but not more than eighteen	2264
thousand pounds, one hundred twenty-five dollars;	2265

(6) More than eighteen thousand but not more than twenty-two	2266
thousand pounds, one hundred fifty dollars;	2267

(7) More than twenty-two thousand but not more than	2268
twenty-six thousand pounds, one hundred seventy-five dollars;	2269

(8) More than twenty-six thousand but not more than thirty	2270
thousand pounds, three hundred fifty-five dollars;	2271

(9) More than thirty thousand but not more than thirty-four	2272
thousand pounds, four hundred twenty dollars;	2273

(10) More than thirty-four thousand but not more than	2274
thirty-eight thousand pounds, four hundred eighty dollars;	2275

(11) More than thirty-eight thousand but not more than	2276
forty-two thousand pounds, five hundred forty dollars;	2277

(12) More than forty-two thousand but not more than forty-six	2278
thousand pounds, six hundred dollars;	2279

(13) More than forty-six thousand but not more than fifty	2280
thousand pounds, six hundred sixty dollars;	2281

(14) More than fifty thousand but not more than fifty-four	2282
thousand pounds, seven hundred twenty-five dollars;	2283

(15) More than fifty-four thousand but not more than	2284
fifty-eight thousand pounds, seven hundred eighty-five dollars;	2285

(16) More than fifty-eight thousand but not more than	2286
sixty-two thousand pounds, eight hundred fifty-five dollars;	2287

(17) More than sixty-two thousand but not more than sixty-six	2288
thousand pounds, nine hundred twenty-five dollars;	2289

(18) More than sixty-six thousand but not more than seventy	2290
thousand pounds, nine hundred ninety-five dollars;	2291

(19) More than seventy thousand but not more than	2292
seventy-four thousand pounds, one thousand eighty dollars;	2293

(20) More than seventy-four thousand but not more than	2294
seventy-eight thousand pounds, one thousand two hundred dollars;	2295

(21) More than seventy-eight thousand pounds, one thousand	2296
three hundred forty dollars.	2297

(B) The rates of the taxes imposed by section 4503.02 of the	2298
Revised Code are as follows for buses having a gross vehicle	2299
weight or combined gross vehicle weight of:	2300

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

2301

(2) More than two thousand but not more than six thousand	2302
pounds, forty dollars;	2303

(3) More than six thousand but not more than ten thousand	2304
pounds, one hundred dollars;	2305

(4) More than ten thousand but not more than fourteen	2306
thousand pounds, one hundred eighty dollars;	2307

(5) More than fourteen thousand but not more than eighteen	2308
thousand pounds, two hundred sixty dollars;	2309

(6) More than eighteen thousand but not more than twenty-two	2310
thousand pounds, three hundred forty dollars;	2311

(7) More than twenty-two thousand but not more than	2312
twenty-six thousand pounds, four hundred twenty dollars;	2313

(8) More than twenty-six thousand but not more than thirty	2314
thousand pounds, five hundred dollars;	2315

(9) More than thirty thousand but not more than thirty-four	2316
thousand pounds, five hundred eighty dollars;	2317

(10) More than thirty-four thousand but not more than	2318
thirty-eight thousand pounds, six hundred sixty dollars;	2319

(11) More than thirty-eight thousand but not more than	2320
forty-two thousand pounds, seven hundred forty dollars;	2321

(12) More than forty-two thousand but not more than forty-six	2322
thousand pounds, eight hundred twenty dollars;	2323

(13) More than forty-six thousand but not more than fifty	2324
thousand pounds, nine hundred forty dollars;	2325

(14) More than fifty thousand but not more than fifty-four	2326
thousand pounds, one thousand dollars;	2327

(15) More than fifty-four thousand but not more than	2328
fifty-eight thousand pounds, one thousand ninety dollars;	2329

(16) More than fifty-eight thousand but not more than	2330
sixty-two thousand pounds, one thousand one hundred eighty	2331
dollars;	2332

(17) More than sixty-two thousand but not more than sixty-six	2333
thousand pounds, one thousand two hundred seventy dollars;	2334

(18) More than sixty-six thousand but not more than seventy	2335
thousand pounds, one thousand three hundred sixty dollars;	2336

(19) More than seventy thousand but not more than	2337
seventy-four thousand pounds, one thousand four hundred fifty	2338
dollars;	2339

(20) More than seventy-four thousand but not more than	2340
seventy-eight thousand pounds, one thousand five hundred forty	2341
dollars;	2342

(21) More than seventy-eight thousand pounds, one thousand	2343
six hundred thirty dollars.	2344

(C) In addition to the license taxes imposed at the rates	2345
specified in divisions (A) and (B) of this section, an	2346
administrative fee of three dollars and fifty cents, plus an	2347
appropriate amount to cover the cost of postage, shall be	2348
collected by the registrar for each international registration	2349
plan license processed by the registrar.	2350

(D) The rate of the tax for each trailer and semitrailer is	2351
twenty-five dollars.	2352

(E) Commencing on October 1, 2009, if an application for	2353
registration renewal is not applied for prior to the expiration	2354
date of the registration or within ~~seven~~thirty days after that	2355
date, the registrar or deputy registrar shall collect a fee of	2356
~~twenty~~ten dollars for the issuance of the vehicle registration,	2357
but may waive the fee for good cause shown if the application is	2358
accompanied by supporting evidence as the registrar may require.	2359
The fee shall be in addition to all other fees established by this	2360
section. A deputy registrar shall retain fifty cents of the fee	2361
and shall transmit the remaining amount to the registrar at the	2362
time and in the manner provided by section 4503.10 of the Revised	2363
Code. The registrar shall deposit all moneys received under this	2364
division into the state highway safety fund established in section	2365
4501.06 of the Revised Code.	2366

(F) The rates established by this section shall not apply to	2367
any of the following:	2368

(1) Vehicles equipped, owned, and used by a charitable or	2369
nonprofit corporation exclusively for the purpose of administering	2370
chest x-rays or receiving blood donations;	2371

(2) Vans used principally for the transportation of	2372
handicapped persons that have been modified by being equipped with	2373
adaptive equipment to facilitate the movement of such persons into	2374
and out of the vans;	2375

(3) Buses used principally for the transportation of	2376
handicapped persons or persons sixty-five years of age or older;	2377

(4) Buses used principally for the transportation of persons	2378
in a ridesharing arrangement;	2379

(5) Transit buses having motor power;

2380

(6) Noncommercial trailers, mobile homes, or manufactured	2381
homes.	2382

Sec. 4503.07. (A) In lieu of the schedule of rates for	2383
commercial cars fixed in section 4503.04 of the Revised Code, the	2384
fee shall be ten dollars for each church bus used exclusively to	2385
transport members of a church congregation to and from church	2386
services or church functions or to transport children and their	2387
authorized supervisors to and from any camping function sponsored	2388
by a nonprofit, tax-exempt, charitable or philanthropic	2389
organization. A church within the meaning of this section is an	2390
organized religious group, duly constituted with officers and a	2391
board of trustees, regularly holding religious services, and	2392
presided over or administered to by a properly accredited	2393
ecclesiastical officer, whose name and standing is published in	2394
the official publication of the officer's religious group.	2395

(B) Commencing on October 1, 2009, if an application for	2396
registration renewal is not applied for prior to the expiration	2397
date of the registration or within ~~seven~~thirty days after that	2398
date, the registrar or deputy registrar shall collect a fee of	2399
~~twenty~~ten dollars for the issuance of the vehicle registration,	2400
but may waive the fee for good cause shown if the application is	2401
accompanied by supporting evidence as the registrar may require.	2402
The fee shall be in addition to all other fees established by this	2403
section. A deputy registrar shall retain fifty cents of the fee	2404
and shall transmit the remaining amount to the registrar at the	2405
time and in the manner provided by section 4503.10 of the Revised	2406
Code. The registrar shall deposit all moneys received under this	2407
division into the state highway safety fund established in section	2408
4501.06 of the Revised Code.	2409

(C) The application for registration of such bus shall be	2410
accompanied by the following, as applicable:	2411

(1) An affidavit, prescribed by the registrar of motor	2412
vehicles and signed by either the senior pastor, minister, priest,	2413
or rabbi of the church making application or by the head of the	2414
governing body of the church making application, stating that the	2415
bus is to be used exclusively to transport members of a church	2416
congregation to and from church services or church functions or to	2417
transport children and their authorized supervisors to and from	2418
any camping function sponsored by a nonprofit, tax-exempt,	2419
charitable, or philanthropic organization;	2420

(2) A certificate from the state highway patrol stating that	2421
the bus involved is safe for operation in accordance with such	2422
standards as are prescribed by the state highway patrol if the bus	2423
meets either of the following:	2424

(a) It originally was designed by the manufacturer to	2425
transport sixteen or more passengers, including the driver;	2426

(b) It has a gross vehicle weight rating of ten thousand one	2427
pounds or more.	2428

(D) The form of the license plate and the manner of its	2429
attachment to the vehicle shall be prescribed by the registrar.	2430

Sec. 4503.42. For each registration renewal with an	2431
expiration date before October 1, 2009, and for each initial	2432
application for registration received before that date the	2433
registrar of motor vehicles shall be allowed a fee not to exceed	2434
thirty-five dollars, and for each registration renewal with an	2435
expiration date on or after October 1, 2009, and for each initial	2436
application for registration received on or after that date the	2437
registrar shall be allowed a fee of fifty dollars, which shall be	2438
in addition to the regular license fee for tags as prescribed	2439
under section 4503.04 of the Revised Code and any tax levied under	2440
~~section 4504.02 or 4504.06~~Chapter 4504. of the Revised Code, for	2441
each application received by the registrar for special reserved	2442
license plate numbers containing more than three letters or	2443
numerals, and the issuing of such licenses and validation stickers	2444
in the several series as the registrar may designate. Five dollars	2445
of the fee shall be for the purpose of compensating the bureau of	2446
motor vehicles for additional services required in the issuing of	2447
such licenses and validation stickers, and the remaining portion	2448
of the fee shall be deposited by the registrar into the state	2449
treasury to the credit of the state highway safety fund created by	2450
section 4501.06 of the Revised Code.	2451

This section does not apply to the issuance of reserved	2452
license plates as authorized by sections 4503.14, 4503.15, and	2453
4503.40 of the Revised Code. The types of motor vehicles for which	2454
license plate numbers containing more than three letters or	2455
numerals may be issued in accordance with this section shall	2456
include at least buses, passenger cars, and noncommercial motor	2457
vehicles.	2458

Sec. 4503.45. An owner of a collector's vehicle, upon	2459
complying with the motor vehicle laws relating to registration and	2460
licensing of motor vehicles, and upon payment of the regular	2461
license fee as prescribed under section 4503.04 of the Revised	2462
Code and any tax levied under ~~section 4504.02 or 4504.06~~Chapter	2463
4504. of the Revised Code, and the payment of an additional fee of	2464
five dollars, which shall be for the purpose of compensating the	2465
bureau of motor vehicles for additional services required in the	2466
issuing of such licenses, shall be issued validation stickers and	2467
license plates, or validation stickers alone when required by	2468
section 4503.191 of the Revised Code, upon which, in addition to	2469
the letters and numbers ordinarily inscribed thereon, shall be	2470
inscribed the words "collector's vehicle."	2471

Sec. 4503.49. (A) As used in this section, "ambulance,"	2472
"ambulette," "emergency medical service organization,"	2473
"nonemergency medical service organization," and "nontransport	2474
vehicle" have the same meanings as in section 4766.01 of the	2475
Revised Code.	2476

(B) Each private emergency medical service organization and	2477
each private nonemergency medical service organization shall apply	2478
to the registrar of motor vehicles for the registration of any	2479
ambulance, ambulette, or nontransport vehicle it owns or leases.	2480
The application shall be accompanied by a copy of the certificate	2481
of licensure issued to the organization by the ~~Ohio~~state board of	2482
emergency medical, fire, and transportation ~~board~~services and the	2483
following fees:	2484

(1) The regular license tax as prescribed under section	2485
4503.04 of the Revised Code;	2486

(2) Any local license tax levied under Chapter 4504. of the	2487
Revised Code;	2488

(3) An additional fee of seven dollars and fifty cents. The	2489
additional fee shall be for the purpose of compensating the bureau	2490
of motor vehicles for additional services required to be performed	2491
under this section and shall be transmitted by the registrar to	2492
the treasurer of state for deposit in the state bureau of motor	2493
vehicles fund created by section 4501.25 of the Revised Code.	2494

(C) On receipt of a complete application, the registrar shall	2495
issue to the applicant the appropriate certificate of registration	2496
for the vehicle and do one of the following:	2497

(1) Issue a set of license plates with a validation sticker	2498
and a set of stickers to be attached to the plates as an	2499
identification of the vehicle's classification as an ambulance,	2500
ambulette, or nontransport vehicle;	2501

(2) Issue a validation sticker alone when so required by	2502
section 4503.191 of the Revised Code.	2503

Sec. 4504.19. Upon receipt by ~~him~~the county auditor of	2504
moneys pursuant to section 4501.043 of the Revised Code, the	2505
county auditor shall pay into the treasury of each township in the	2506
county levying a township motor vehicle license tax the portion of	2507
such money due the township as shown by the certificate of the	2508
registrar of motor vehicles prepared pursuant to section ~~4501.03~~	2509
4501.031 of the Revised Code. The money shall be used by the	2510
township only for the purposes described in section 4504.18 of the	2511
Revised Code.	2512

Sec. 4504.21. (A) For the purpose of paying the costs and	2513
expenses of enforcing and administering the tax provided for in	2514
this section; for planning, constructing, reconstructing,	2515
improving, maintaining, and repairing roads, bridges, and	2516
culverts; for purchasing, erecting, and maintaining traffic signs,	2517
markers, lights, and signals; for paying debt service charges on	2518
obligations issued for those purposes; and to supplement revenue	2519
already available for those purposes, a transportation improvement	2520
district created in accordance with section 5540.02 of the Revised	2521
Code may levy an annual license tax upon the operation of motor	2522
vehicles on the public roads and highways in the territory of the	2523
district. The tax shall be levied in increments of five dollars	2524
and shall not exceed twenty dollars per motor vehicle on all motor	2525
vehicles the owners of which reside in the district and shall be	2526
in addition to all other taxes levied under this chapter, subject	2527
to reduction in the manner provided in division (B)(2) of section	2528
4503.11 of the Revised Code. The tax may be levied in all or part	2529
of the territory of the district.	2530

(B) The board of trustees of a transportation improvement	2531
district proposing to levy a motor vehicle license tax under this	2532
section shall put the question of the tax to the electors of the	2533
district or of that part of the district in which the tax would be	2534
levied. The election shall be held on the date of a primary or	2535
general election held not less than ninety days after the board of	2536
trustees certifies to the county board of elections its resolution	2537
proposing the tax. The resolution shall specify the rate of the	2538
tax. The board of elections shall submit the question of the tax	2539
to the electors at the primary or general election. The secretary	2540
of state shall prescribe the form of the ballot for the election.	2541
If approved by a majority of the electors voting on the question	2542
of the tax, the board of trustees shall levy the tax as provided	2543
in the resolution.	2544

(C) A transportation improvement district license tax levied	2545
under this section shall continue in effect until repealed, or	2546
until the dissolution of the transportation improvement district	2547
that levied it.	2548

(D) Money received by the registrar of motor vehicles	2549
pursuant to ~~sections 4501.03 and~~section 4504.09 of the Revised	2550
Code that consists of the taxes levied under this section shall be	2551
deposited in the ~~auto registration distribution~~local motor	2552
vehicle license tax fund created by section ~~4501.03~~4501.031 of	2553
the Revised Code and distributed to the transportation improvement	2554
district levying such tax. The registrar may assign to the	2555
transportation improvement district a unique code to facilitate	2556
the distribution of such money, which may be the same unique code	2557
assigned to a county under section 4501.03 of the Revised Code.	2558

Sec. 4506.08. (A)(1) Each application for a commercial	2559
driver's license temporary instruction permit shall be accompanied	2560
by a fee of ten dollars. Each application for a commercial	2561
driver's license, restricted commercial driver's license, renewal	2562
of such a license, or waiver for farm-related service industries	2563
shall be accompanied by a fee of twenty-five dollars, except that	2564
an application for a commercial driver's license or restricted	2565
commercial driver's license received pursuant to division (A)(3)	2566
of section 4506.14 of the Revised Code shall be accompanied by a	2567
fee of eighteen dollars and seventy-five cents if the license will	2568
expire on the licensee's birthday three years after the date of	2569
issuance, a fee of twelve dollars and fifty cents if the license	2570
will expire on the licensee's birthday two years after the date of	2571
issuance, and a fee of six dollars and twenty-five cents if the	2572
license will expire on the licensee's birthday one year after the	2573
date of issuance. Each application for a duplicate commercial	2574
driver's license shall be accompanied by a fee of ten dollars.	2575

(2) In addition, the registrar of motor vehicles or deputy	2576
registrar may collect and retain an additional fee of no more than	2577
three dollars and fifty cents for each application for a	2578
commercial driver's license temporary instruction permit,	2579
commercial driver's license, renewal of a commercial driver's	2580
license, or duplicate commercial driver's license received by the	2581
registrar or deputy.	2582

(B) In addition to the fees imposed under division (A) of	2583
this section, the registrar of motor vehicles or deputy registrar	2584
shall collect a fee of twelve dollars for each application for a	2585
commercial driver's license temporary instruction permit,	2586
commercial driver's license, or duplicate commercial driver's	2587
license and for each application for renewal of a commercial	2588
driver's license. The additional fee is for the purpose of	2589
defraying the department of public safety's costs associated with	2590
the administration and enforcement of the motor vehicle and	2591
traffic laws of Ohio.	2592

(C) Each deputy registrar shall transmit the fees collected	2593
under divisions (A)(1) and (B) of this section in the time and	2594
manner prescribed by the registrar. The registrar shall deposit	2595
all moneys ~~received~~collected under division ~~(C)~~(A)(1) of this	2596
section into the state ~~highway safety~~bureau of motor vehicles	2597
fund established in section ~~4501.06~~4501.25 of the Revised Code.	2598
The registrar shall deposit all moneys collected under division	2599
(B) of this section into the state highway safety fund established	2600
in section 4501.06 of the Revised Code.	2601

(D) Information regarding the driving record of any person	2602
holding a commercial driver's license issued by this state shall	2603
be furnished by the registrar, upon request and payment of a fee	2604
of five dollars, to the employer or prospective employer of such a	2605
person and to any insurer.	2606

Of each five-dollar fee the registrar collects under this	2607
division, the registrar shall pay two dollars into the state	2608
treasury to the credit of the state bureau of motor vehicles fund	2609
established in section 4501.25 of the Revised Code, sixty cents	2610
into the state treasury to the credit of the trauma and emergency	2611
medical services fund established in section 4513.263 of the	2612
Revised Code, sixty cents into the state treasury to the credit of	2613
the homeland security fund established in section 5502.03 of the	2614
Revised Code, thirty cents into the state treasury to the credit	2615
of the investigations fund established in section 5502.131 of the	2616
Revised Code, one dollar and twenty-five cents into the state	2617
treasury to the credit of the emergency management agency service	2618
and reimbursement fund established in section 5502.39 of the	2619
Revised Code, and twenty-five cents into the state treasury to the	2620
credit of the justice program services fund established in section	2621
5502.67 of the Revised Code.	2622

Sec. 4506.09. (A) The registrar of motor vehicles, subject	2623
to approval by the director of public safety, shall adopt rules	2624
conforming with applicable standards adopted by the federal motor	2625
carrier safety administration as regulations under Pub. L. No.	2626
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	2627
31317. The rules shall establish requirements for the	2628
qualification and testing of persons applying for a commercial	2629
driver's license, which shall be in addition to other requirements	2630
established by this chapter. Except as provided in division (B) of	2631
this section, the highway patrol or any other employee of the	2632
department of public safety the registrar authorizes shall	2633
supervise and conduct the testing of persons applying for a	2634
commercial driver's license.	2635

(B) The director may adopt rules, in accordance with Chapter	2636
119. of the Revised Code and applicable requirements of the	2637
federal motor carrier safety administration, authorizing the	2638
skills test specified in this section to be administered by any	2639
person, by an agency of this or another state, or by an agency,	2640
department, or instrumentality of local government. Each party	2641
authorized under this division to administer the skills test may	2642
charge a maximum divisible fee of eighty-five dollars for each	2643
skills test given as part of a commercial driver's license	2644
examination. The fee shall consist of not more than twenty dollars	2645
for the pre-trip inspection portion of the test, not more than	2646
twenty dollars for the off-road maneuvering portion of the test,	2647
and not more than forty-five dollars for the on-road portion of	2648
the test. Each such party may require an appointment fee in the	2649
same manner provided in division (F)(2) of this section, except	2650
that the maximum amount such a party may require as an appointment	2651
fee is eighty-five dollars. The skills test administered by	2652
another party under this division shall be the same as otherwise	2653
would be administered by this state. The other party shall enter	2654
into an agreement with the director that, without limitation, does	2655
all of the following:	2656

(1) Allows the director or the director's representative and	2657
the federal motor carrier safety administration or its	2658
representative to conduct random examinations, inspections, and	2659
audits of the other party without prior notice;	2660

(2) Requires the director or the director's representative to	2661
conduct on-site inspections of the other party at least annually;	2662

(3) Requires that all examiners of the other party meet the	2663
same qualification and training standards as examiners of the	2664
department of public safety, to the extent necessary to conduct	2665
skills tests in the manner required by 49 C.F.R. 383.110 through	2666
383.135;	2667

(4) Requires either that state employees take, at least	2668
annually and as though the employees were test applicants, the	2669
tests actually administered by the other party, that the director	2670
test a sample of drivers who were examined by the other party to	2671
compare the test results, or that state employees accompany a test	2672
applicant during an actual test;	2673

(5) Reserves to this state the right to take prompt and	2674
appropriate remedial action against testers of the other party if	2675
the other party fails to comply with standards of this state or	2676
federal standards for the testing program or with any other terms	2677
of the contract.	2678

(C) The director shall enter into an agreement with the	2679
department of education authorizing the skills test specified in	2680
this section to be administered by the department at any location	2681
operated by the department for purposes of training and testing	2682
school bus drivers, provided that the agreement between the	2683
director and the department complies with the requirements of	2684
division (B) of this section. Skills tests administered by the	2685
department shall be limited to persons applying for a commercial	2686
driver's license with a school bus endorsement.	2687

(D) The director shall adopt rules, in accordance with	2688
Chapter 119. of the Revised Code, authorizing waiver of the skills	2689
test specified in this section for any applicant for a commercial	2690
driver's license who meets all of the following requirements:	2691

(1) Certifies that, during the two-year period immediately	2692
preceding application for a commercial driver's license, all of	2693
the following apply:	2694

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

2695

(b) The applicant has not had any license suspended, revoked,	2696
or canceled.	2697

(c) The applicant has not had any convictions for any type of	2698
motor vehicle for the offenses for which disqualification is	2699
prescribed in section 4506.16 of the Revised Code.	2700

(d) The applicant has not had any violation of a state or	2701
local law relating to motor vehicle traffic control other than a	2702
parking violation arising in connection with any traffic accident	2703
and has no record of an accident in which the applicant was at	2704
fault.	2705

(e) The applicant has previously taken and passed a skills	2706
test given by a state with a classified licensing and testing	2707
system in which the test was behind-the-wheel in a representative	2708
vehicle for the applicant's commercial driver's license	2709
classification.	2710

(2) Certifies and also provides evidence that the applicant	2711
is regularly employed in a job requiring operation of a commercial	2712
motor vehicle and that one of the following applies:	2713

(a) The applicant has previously taken and passed a skills	2714
test given by a state with a classified licensing and testing	2715
system in which the test was behind-the-wheel in a representative	2716
vehicle for the applicant's commercial driver's license	2717
classification.	2718

(b) The applicant has regularly operated, for at least two	2719
years immediately preceding application for a commercial driver's	2720
license, a vehicle representative of the commercial motor vehicle	2721
the applicant operates or expects to operate.	2722

(E) The director shall adopt rules, in accordance with	2723
Chapter 119. of the Revised Code, authorizing waiver of the skills	2724
test specified in this section for any applicant for a commercial	2725
driver's license who meets all of the following requirements:	2726

(1) At the time of applying, is a member or uniformed	2727
employee of the armed forces of the United States or their reserve	2728
components, including the Ohio national guard, or separated from	2729
such service or employment within the preceding ninety days;	2730

(2) Certifies that, during the two-year period immediately	2731
preceding application for a commercial driver's license, all of	2732
the following apply:	2733

(a) The applicant has not had more than one license,	2734
excluding any military license.	2735

(b) The applicant has not had any license suspended, revoked,	2736
or canceled.	2737

(c) The applicant has not had any convictions for any type of	2738
motor vehicle for the offenses for which disqualification is	2739
prescribed in section 4506.16 of the Revised Code.	2740

(d) The applicant has not had more than one conviction for	2741
any type of motor vehicle for a serious traffic violation.	2742

(e) The applicant has not had any violation of a state or	2743
local law relating to motor vehicle traffic control other than a	2744
parking violation arising in connection with any traffic accident	2745
and has no record of an accident in which the applicant was at	2746
fault.	2747

(3) In accordance with rules adopted by the director,	2748
certifies and also provides evidence of all of the following:	2749

(a) That the applicant is regularly employed or was regularly	2750
employed within the preceding ninety days in a military position	2751
requiring operation of a commercial motor vehicle;	2752

(b) That the applicant was exempt from the requirements of	2753
this chapter under division (B)(6) of section 4506.03 of the	2754
Revised Code;	2755

(c) That, for at least two years immediately preceding the	2756
date of application or at least two years immediately preceding	2757
the date the applicant separated from military service or	2758
employment, the applicant regularly operated a vehicle	2759
representative of the commercial motor vehicle type that the	2760
applicant operates or expects to operate.	2761

(F)(1) The department of public safety may charge and collect	2762
a divisible fee of fifty dollars for each skills test given as	2763
part of a commercial driver's license examination. The fee shall	2764
consist of ten dollars for the pre-trip inspection portion of the	2765
test, ten dollars for the off-road maneuvering portion of the	2766
test, and thirty dollars for the on-road portion of the test.	2767

(2) The director may require an applicant for a commercial	2768
driver's license who schedules an appointment with the highway	2769
patrol or other authorized employee of the department of public	2770
safety to take all portions of the skills test, to pay an	2771
appointment fee of fifty dollars at the time of scheduling the	2772
appointment. If the applicant appears at the time and location	2773
specified for the appointment and takes all portions of the skills	2774
test during that appointment, the appointment fee shall serve as	2775
the skills test fee. If the applicant schedules an appointment to	2776
take all portions of the skills test and fails to appear at the	2777
time and location specified for the appointment, no portion of the	2778
appointment fee shall be refunded. If the applicant schedules an	2779
appointment to take all portions of the skills test and appears at	2780
the time and location specified for the appointment, but declines	2781
or is unable to take all portions of the skills test, no portion	2782
of the appointment fee shall be refunded. If the applicant cancels	2783
a scheduled appointment forty-eight hours or more prior to the	2784
time of the appointment time, the applicant shall not forfeit the	2785
appointment fee.	2786

An applicant for a commercial driver's license who schedules	2787
an appointment to take one or more, but not all, portions of the	2788
skills test shall be required to pay an appointment fee equal to	2789
the costs of each test scheduled, as prescribed in division (F)(1)	2790
of this section, when scheduling such an appointment. If the	2791
applicant appears at the time and location specified for the	2792
appointment and takes all the portions of the skills test during	2793
that appointment that the applicant was scheduled to take, the	2794
appointment fee shall serve as the skills test fee. If the	2795
applicant schedules an appointment to take one or more, but not	2796
all, portions of the skills test and fails to appear at the time	2797
and location specified for the appointment, no portion of the	2798
appointment fee shall be refunded. If the applicant schedules an	2799
appointment to take one or more, but not all, portions of the	2800
skills test and appears at the time and location specified for the	2801
appointment, but declines or is unable to take all portions of the	2802
skills test that the applicant was scheduled to take, no portion	2803
of the appointment fee shall be refunded. If the applicant cancels	2804
a scheduled appointment forty-eight hours or more prior to the	2805
time of the appointment time, the applicant shall not forfeit the	2806
appointment fee.	2807

(3) The department of public safety shall deposit all fees it	2808
collects under division (F) of this section in the state ~~highway~~	2809
~~safety~~bureau of motor vehicles fund established in section	2810
4501.25 of the Revised Code.	2811

(G) As used in this section, "skills test" means a test of an	2812
applicant's ability to drive the type of commercial motor vehicle	2813
for which the applicant seeks a commercial driver's license by	2814
having the applicant drive such a motor vehicle while under the	2815
supervision of an authorized state driver's license examiner or	2816
tester.	2817

Sec. 4507.011. (A) Each deputy registrar assigned to a	2818
driver's license examining station by the registrar of motor	2819
vehicles as provided in section 4507.01 of the Revised Code shall	2820
remit to the director of public safety a rental fee equal to the	2821
percentage of space occupied by the deputy registrar in the	2822
driver's license examining station multiplied by the rental fee	2823
paid for the entire driver's license examining station plus a pro	2824
rata share of all utility costs. All such moneys received by the	2825
director shall be deposited in the state treasury to the credit of	2826
the ~~registrar rental~~state bureau of motor vehicles fund~~, which is~~	2827
~~hereby~~ created in section 4501.25 of the Revised Code. ~~The moneys~~	2828
~~in the fund shall be used by the department of public safety only~~	2829
~~to pay the rent and expenses of the driver's license examining~~	2830
~~stations. All investment earnings of the fund shall be credited to~~	2831
~~the fund.~~	2832

(B) Each deputy registrar assigned to a bureau of motor	2833
vehicles' location shall reimburse the registrar a monthly	2834
building rental fee, including applicable utility charges. All	2835
such moneys received by the registrar shall be deposited into the	2836
state bureau of motor vehicles fund ~~created in section 4501.25 of~~	2837
~~the Revised Code~~.	2838

Sec. 4507.05. (A) The registrar of motor vehicles, or a	2839
deputy registrar, upon receiving an application for a temporary	2840
instruction permit and a temporary instruction permit	2841
identification card for a driver's license from any person who is	2842
at least fifteen years six months of age, may issue such a permit	2843
and identification card entitling the applicant to drive a motor	2844
vehicle, other than a commercial motor vehicle, upon the highways	2845
under the following conditions:	2846

(1) If the permit is issued to a person who is at least	2847
fifteen years six months of age, but less than sixteen years of	2848
age:	2849

(a) The permit and identification card are in the holder's	2850
immediate possession;	2851

(b) The holder is accompanied by an eligible adult who	2852
actually occupies the seat beside the permit holder and does not	2853
have a prohibited concentration of alcohol in the whole blood,	2854
blood serum or plasma, breath, or urine as provided in division	2855
(A) of section 4511.19 of the Revised Code;	2856

(c) The total number of occupants of the vehicle does not	2857
exceed the total number of occupant restraining devices originally	2858
installed in the motor vehicle by its manufacturer, and each	2859
occupant of the vehicle is wearing all of the available elements	2860
of a properly adjusted occupant restraining device.	2861

(2) If the permit is issued to a person who is at least	2862
sixteen years of age:	2863

(a) The permit and identification card are in the holder's	2864
immediate possession;	2865

(b) The holder is accompanied by a licensed operator who is	2866
at least twenty-one years of age, is actually occupying a seat	2867
beside the driver, and does not have a prohibited concentration of	2868
alcohol in the whole blood, blood serum or plasma, breath, or	2869
urine as provided in division (A) of section 4511.19 of the	2870
Revised Code;	2871

(c) The total number of occupants of the vehicle does not	2872
exceed the total number of occupant restraining devices originally	2873
installed in the motor vehicle by its manufacturer, and each	2874
occupant of the vehicle is wearing all of the available elements	2875
of a properly adjusted occupant restraining device.	2876

(B) The registrar or a deputy registrar, upon receiving from	2877
any person an application for a temporary instruction permit and	2878
temporary instruction permit identification card to operate a	2879
motorcycle or motorized bicycle, may issue such a permit and	2880
identification card entitling the applicant, while having the	2881
permit and identification card in the applicant's immediate	2882
possession, to drive a motorcycle under the restrictions	2883
prescribed in section 4511.53 of the Revised Code, or to drive a	2884
motorized bicycle under restrictions determined by the registrar.	2885
A temporary instruction permit and temporary instruction permit	2886
identification card to operate a motorized bicycle may be issued	2887
to a person fourteen or fifteen years old.	2888

(C) Any permit and identification card issued under this	2889
section shall be issued in the same manner as a driver's license,	2890
upon a form to be furnished by the registrar. A temporary	2891
instruction permit to drive a motor vehicle other than a	2892
commercial motor vehicle shall be valid for a period of one year.	2893

(D) Any person having in the person's possession a valid and	2894
current driver's license or motorcycle operator's license or	2895
endorsement issued to the person by another jurisdiction	2896
recognized by this state is exempt from obtaining a temporary	2897
instruction permit for a driver's license~~, but shall submit~~and	2898
from submitting to the examination for a temporary instruction	2899
permit and the regular examination infor obtaining a driver's	2900
license or motorcycle operator's endorsement in this state if the	2901
person does all of the following:	2902

(1) Submits to and passes vision screening as provided in	2903
section 4507.12 of the Revised Code;	2904

(2) Surrenders to the registrar or deputy registrar the	2905
person's driver's license issued by the other jurisdiction; and	2906

(3) Complies with all other applicable requirements for	2907
issuance by this state of a driver's license, driver's license	2908
with a motorcycle operator's endorsement, or restricted license to	2909
operate a motorcycle.	2910

If the person does not comply with all the requirements of	2911
this division, the person shall submit to the regular examination	2912
for obtaining a driver's license or motorcycle operator's	2913
endorsement in this state in order to obtain such a license or	2914
endorsement.	2915

(E) The registrar may adopt rules governing the use of	2916
temporary instruction permits and temporary instruction permit	2917
identification cards.	2918

(F)(1) No holder of a permit issued under division (A) of	2919
this section shall operate a motor vehicle upon a highway or any	2920
public or private property used by the public for purposes of	2921
vehicular travel or parking in violation of the conditions	2922
established under division (A) of this section.	2923

(2) Except as provided in division (F)(2) of this section, no	2924
holder of a permit that is issued under division (A) of this	2925
section and that is issued on or after July 1, 1998, and who has	2926
not attained the age of eighteen years, shall operate a motor	2927
vehicle upon a highway or any public or private property used by	2928
the public for purposes of vehicular travel or parking between the	2929
hours of midnight and six a.m.	2930

The holder of a permit issued under division (A) of this	2931
section on or after July 1, 1998, who has not attained the age of	2932
eighteen years, may operate a motor vehicle upon a highway or any	2933
public or private property used by the public for purposes of	2934
vehicular travel or parking between the hours of midnight and six	2935
a.m. if, at the time of such operation, the holder is accompanied	2936
by the holder's parent, guardian, or custodian, and the parent,	2937
guardian, or custodian holds a current valid driver's or	2938
commercial driver's license issued by this state, is actually	2939
occupying a seat beside the permit holder, and does not have a	2940
prohibited concentration of alcohol in the whole blood, blood	2941
serum or plasma, breath, or urine as provided in division (A) of	2942
section 4511.19 of the Revised Code.	2943

(G)(1) Notwithstanding any other provision of law to the	2944
contrary, no law enforcement officer shall cause the operator of a	2945
motor vehicle being operated on any street or highway to stop the	2946
motor vehicle for the sole purpose of determining whether each	2947
occupant of the motor vehicle is wearing all of the available	2948
elements of a properly adjusted occupant restraining device as	2949
required by division (A) of this section, or for the sole purpose	2950
of issuing a ticket, citation, or summons if the requirement in	2951
that division has been or is being violated, or for causing the	2952
arrest of or commencing a prosecution of a person for a violation	2953
of that requirement.	2954

(2) Notwithstanding any other provision of law to the	2955
contrary, no law enforcement officer shall cause the operator of a	2956
motor vehicle being operated on any street or highway to stop the	2957
motor vehicle for the sole purpose of determining whether a	2958
violation of division (F)(2) of this section has been or is being	2959
committed or for the sole purpose of issuing a ticket, citation,	2960
or summons for such a violation or for causing the arrest of or	2961
commencing a prosecution of a person for such violation.	2962

(H) As used in this section:

2963

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

2964

(a) An instructor of a driver training course approved by the	2965
department of public safety;	2966

(b) Any of the following persons who holds a current valid	2967
driver's or commercial driver's license issued by this state:	2968

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

2969

(ii) A person twenty-one years of age or older who acts in	2970
loco parentis of the permit holder.	2971

(2) "Occupant restraining device" has the same meaning as in	2972
section 4513.263 of the Revised Code.	2973

(I) Whoever violates division (F)(1) or (2) of this section	2974
is guilty of a minor misdemeanor.	2975

Sec. 4507.23. (A) Except as provided in division (I) of this	2976
section, each application for a temporary instruction permit and	2977
examination shall be accompanied by a fee of five dollars.	2978

(B) Except as provided in division (I) of this section, each	2979
application for a driver's license made by a person who previously	2980
held such a license and whose license has expired not more than	2981
two years prior to the date of application, and who is required	2982
under this chapter to give an actual demonstration of the person's	2983
ability to drive, shall be accompanied by a fee of three dollars	2984
in addition to any other fees.	2985

(C)(1) Except as provided in divisions (E) and (I) of this	2986
section, each application for a driver's license, or motorcycle	2987
operator's endorsement, or renewal of a driver's license shall be	2988
accompanied by a fee of six dollars.	2989

(2) Except as provided in division (I) of this section, each	2990
application for a duplicate driver's license shall be accompanied	2991
by a fee of seven dollars and fifty cents. The duplicate driver's	2992
licenses issued under this section shall be distributed by the	2993
deputy registrar in accordance with rules adopted by the registrar	2994
of motor vehicles.	2995

(D) Except as provided in division (I) of this section, each	2996
application for a motorized bicycle license or duplicate thereof	2997
shall be accompanied by a fee of two dollars and fifty cents.	2998

(E) Except as provided in division (I) of this section, each	2999
application for a driver's license or renewal of a driver's	3000
license that will be issued to a person who is less than	3001
twenty-one years of age shall be accompanied by whichever of the	3002
following fees is applicable:	3003

(1) If the person is sixteen years of age or older, but less	3004
than seventeen years of age, a fee of seven dollars and	3005
twenty-five cents;	3006

(2) If the person is seventeen years of age or older, but	3007
less than eighteen years of age, a fee of six dollars;	3008

(3) If the person is eighteen years of age or older, but less	3009
than nineteen years of age, a fee of four dollars and seventy-five	3010
cents;	3011

(4) If the person is nineteen years of age or older, but less	3012
than twenty years of age, a fee of three dollars and fifty cents;	3013

(5) If the person is twenty years of age or older, but less	3014
than twenty-one years of age, a fee of two dollars and twenty-five	3015
cents.	3016

(F) Neither the registrar nor any deputy registrar shall	3017
charge a fee in excess of one dollar and fifty cents for	3018
laminating a driver's license, motorized bicycle license, or	3019
temporary instruction permit identification cards as required by	3020
sections 4507.13 and 4511.521 of the Revised Code. A deputy	3021
registrar laminating a driver's license, motorized bicycle	3022
license, or temporary instruction permit identification cards	3023
shall retain the entire amount of the fee charged for lamination,	3024
less the actual cost to the registrar of the laminating materials	3025
used for that lamination, as specified in the contract executed by	3026
the bureau for the laminating materials and laminating equipment.	3027
The deputy registrar shall forward the amount of the cost of the	3028
laminating materials to the registrar for deposit as provided in	3029
this section.	3030

(G) Except as provided in division (I) of this section, each	3031
transaction described in divisions (A), (B), (C), (D), and (E) of	3032
this section shall be accompanied by an additional fee of twelve	3033
dollars. The additional fee is for the purpose of defraying the	3034
department of public safety's costs associated with the	3035
administration and enforcement of the motor vehicle and traffic	3036
laws of Ohio.	3037

(H) At the time and in the manner provided by section 4503.10	3038
of the Revised Code, the deputy registrar shall transmit the fees	3039
collected under divisions (A), (B), (C), (D), and (E), those	3040
portions of the fees specified in and collected under division	3041
(F), and the additional fee under division (G) of this section to	3042
the registrar. The registrar shall pay two dollars and fifty cents	3043
of each fee collected under divisions (A), (B), (C)(1) and (2),	3044
(D), and (E)(1) to (4) of this section, and the entire fee	3045
collected under division (E)(5) of this section, into the state	3046
~~highway safety~~bureau of motor vehicles fund established in	3047
section ~~4501.06~~4501.25 of the Revised Code, and such fees shall	3048
be used for the sole purpose of supporting driver licensing	3049
activities. The registrar also shall pay five dollars of each fee	3050
collected under division (C)(2) of this section and the entire fee	3051
collected under division (G) of this section into the state	3052
highway safety fund created in section 4501.06 of the Revised	3053
Code. The remaining fees collected by the registrar under this	3054
section shall be paid into the state bureau of motor vehicles fund	3055
established in section 4501.25 of the Revised Code.	3056

(I) A disabled veteran who has a service-connected disability	3057
rated at one hundred per cent by the veterans' administration may	3058
apply to the registrar or a deputy registrar for the issuance to	3059
that veteran, without the payment of any fee prescribed in this	3060
section, of any of the following items:	3061

(1) A temporary instruction permit and examination;

3062

(2) A new, renewal, or duplicate driver's or commercial	3063
driver's license;	3064

(3) A motorcycle operator's endorsement;

3065

(4) A motorized bicycle license or duplicate thereof;

3066

(5) Lamination of a driver's license, motorized bicycle	3067
license, or temporary instruction permit identification card as	3068
provided in division (F) of this section.	3069

An application made under division (I) of this section shall	3070
be accompanied by such documentary evidence of disability as the	3071
registrar may require by rule.	3072

Sec. 4511.13. Highway traffic signal indications for	3073
vehicles and pedestrians shall have the following meanings:	3074

(A) Steady green signal indication:

3075

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	3076
facing a circular green signal indication are permitted to proceed	3077
straight through or turn right or left or make a u-turn movement	3078
except as such movement is modified by a lane-use sign, turn	3079
prohibition sign, lane marking, roadway design, separate turn	3080
signal indication, or other traffic control device. Such vehicular	3081
traffic, including vehicles turning right or left or making a	3082
u-turn movement, shall yield the right-of-way to both of the	3083
following:	3084

(i) Pedestrians lawfully within an associated crosswalk;

3085

(ii) Other vehicles lawfully within the intersection.

3086

(b) In addition, vehicular traffic turning left or making a	3087
u-turn movement to the left shall yield the right-of-way to other	3088
vehicles approaching from the opposite direction so closely as to	3089
constitute an immediate hazard during the time when such turning	3090
vehicle is moving across or within the intersection.	3091

(2) Vehicular traffic, streetcars, and trackless trolleys	3092
facing a green arrow signal indication, displayed alone or in	3093
combination with another signal indication, are permitted to	3094
cautiously enter the intersection only to make the movement	3095
indicated by such arrow, or such other movement as is permitted by	3096
other indications displayed at the same time. Such vehicular	3097
traffic, streetcars, and trackless trolleys, including vehicles	3098
turning right or left or making a u-turn movement, shall yield the	3099
right-of-way to both of the following:	3100

(a) Pedestrians lawfully within an associated crosswalk;

3101

(b) Other traffic lawfully using the intersection.

3102

(3)(a) Unless otherwise directed by a pedestrian signal	3103
indication, as provided in section 4511.14 of the Revised Code,	3104
pedestrians facing a circular green signal indication are	3105
permitted to proceed across the roadway within any marked or	3106
unmarked associated crosswalk. The pedestrian shall yield the	3107
right-of-way to vehicles lawfully within the intersection or so	3108
close as to create an immediate hazard at the time that the green	3109
signal indication is first displayed.	3110

(b) Pedestrians facing a green arrow signal indication,	3111
unless otherwise directed by a pedestrian signal indication or	3112
other traffic control device, shall not cross the roadway.	3113

(B) Steady yellow signal indication:

3114

(1) Vehicular traffic, streetcars, and trackless trolleys	3115
facing a steady circular yellow signal indication are thereby	3116
warned that the related green movement or the related flashing	3117
arrow movement is being terminated or that a steady red signal	3118
indication will be exhibited immediately thereafter when vehicular	3119
traffic, streetcars, and trackless trolleys shall not enter the	3120
intersection. The provisions governing vehicular operation under	3121
the movement being terminated shall continue to apply while the	3122
steady circular yellow signal indication is displayed.	3123

(2) Vehicular traffic facing a steady yellow arrow signal	3124
indication is thereby warned that the related green arrow movement	3125
or the related flashing arrow movement is being terminated. The	3126
provisions governing vehicular operation under the movement being	3127
terminated shall continue to apply while the steady yellow arrow	3128
signal indication is displayed.	3129

(3) Pedestrians facing a steady circular yellow or yellow	3130
arrow signal indication, unless otherwise directed by a pedestrian	3131
signal indication as provided in section 4511.14 of the Revised	3132
Code or other traffic control device, shall not start to cross the	3133
roadway.	3134

3135

(1)(a) Vehicular traffic, streetcars, and trackless trolleys	3136
facing a steady circular red signal indication, unless entering	3137
the intersection to make another movement permitted by another	3138
signal indication, shall stop at a clearly marked stop line; but	3139
if there is no stop line, traffic shall stop before entering the	3140
crosswalk on the near side of the intersection; or if there is no	3141
crosswalk, then before entering the intersection; and shall remain	3142
stopped until a signal indication to proceed is displayed except	3143
as provided in divisions (C)(1), (2), and (3) of this section.	3144

(b) Except when a traffic control device is in place	3145
prohibiting a turn on red or a steady red arrow signal indication	3146
is displayed, vehicular traffic facing a steady circular red	3147
signal indication is permitted, after stopping, to enter the	3148
intersection to turn right, or to turn left from a one-way street,	3149
~~after stopping~~into a one-way street. The right to proceed with	3150
the turn shall be subject to the provisions that are applicable	3151
after making a stop at a stop sign.	3152

(2)(a) Vehicular traffic, streetcars, and trackless trolleys	3153
facing a steady red arrow signal indication shall not enter the	3154
intersection to make the movement indicated by the arrow and,	3155
unless entering the intersection to make another movement	3156
permitted by another signal indication, shall stop at a clearly	3157
marked stop line; but if there is no stop line, before entering	3158
the crosswalk on the near side of the intersection; or if there is	3159
no crosswalk, then before entering the intersection; and shall	3160
remain stopped until a signal indication or other traffic control	3161
device permitting the movement indicated by such red arrow is	3162
displayed.	3163

(b) When a traffic control device is in place permitting a	3164
turn on a steady red arrow signal indication, vehicular traffic	3165
facing a steady red arrow indication is permitted, after stopping,	3166
to enter the intersection to ~~make the movement indicated by the~~	3167
~~arrow signal indication, after stopping~~turn right, or to turn	3168
left from a one-way street into a one-way street. The right to	3169
proceed with the turn shall be limited to the direction indicated	3170
by the arrow and shall be subject to the provisions that are	3171
applicable after making a stop at a stop sign.	3172

(3) Unless otherwise directed by a pedestrian signal	3173
indication as provided in section 4511.14 of the Revised Code or	3174
other traffic control device, pedestrians facing a steady circular	3175
red or steady red arrow signal indication shall not enter the	3176
roadway.	3177

(4) Local authorities by ordinance, or the director of	3178
transportation on state highways, may prohibit a right or a left	3179
turn against a steady red signal at any intersection, which shall	3180
be effective when signs giving notice thereof are posted at the	3181
intersection.	3182

(D) A flashing green signal indication has no meaning and	3183
shall not be used.	3184

(E) Flashing yellow signal indication:

3185

(1)(a) Vehicular traffic, on an approach to an intersection,	3186
facing a flashing circular yellow signal indication, is permitted	3187
to cautiously enter the intersection to proceed straight through	3188
or turn right or left or make a u-turn movement except as such	3189
movement is modified by lane-use signs, turn prohibition signs,	3190
lane markings, roadway design, separate turn signal indications,	3191
or other traffic control devices. Such vehicular traffic,	3192
including vehicles turning right or left or making a u-turn	3193
movement, shall yield the right-of-way to both of the following:	3194

(i) Pedestrians lawfully within an associated crosswalk;

3195

(ii) Other vehicles lawfully within the intersection.

3196

(b) In addition, vehicular traffic turning left or making a	3197
u-turn to the left shall yield the right-of-way to other vehicles	3198
approaching from the opposite direction so closely as to	3199
constitute an immediate hazard during the time when such turning	3200
vehicle is moving across or within the intersection.	3201

(2)(a) Vehicular traffic, on an approach to an intersection,	3202
facing a flashing yellow arrow signal indication, displayed alone	3203
or in combination with another signal indication, is permitted to	3204
cautiously enter the intersection only to make the movement	3205
indicated by such arrow, or other such movement as is permitted by	3206
other signal indications displayed at the same time. Such	3207
vehicular traffic, including vehicles turning right or left or	3208
making a u-turn, shall yield the right-of-way to both of the	3209
following:	3210

(i) Pedestrians lawfully within an associated crosswalk;

3211

(ii) Other vehicles lawfully within the intersection.

3212

(b) In addition, vehicular traffic turning left or making a	3213
u-turn to the left shall yield the right-of-way to other vehicles	3214
approaching from the opposite direction so closely as to	3215
constitute an immediate hazard during the time when such turning	3216
vehicle is moving across or within the intersection.	3217

(3) Pedestrians facing any flashing yellow signal indication	3218
at an intersection, unless otherwise directed by a pedestrian	3219
signal indication or other traffic control device, are permitted	3220
to proceed across the roadway within any marked or unmarked	3221
associated crosswalk. Pedestrians shall yield the right-of-way to	3222
vehicles lawfully within the intersection at the time that the	3223
flashing yellow signal indication is first displayed.	3224

(4) When a flashing circular yellow signal indication is	3225
displayed as a beacon to supplement another traffic control	3226
device, road users are notified that there is a need to pay	3227
additional attention to the message contained thereon or that the	3228
regulatory or warning requirements of the other traffic control	3229
device, which might not be applicable at all times, are currently	3230
applicable.	3231

(F) Flashing red signal indication:

3232

(1) Vehicular traffic, on an approach to an intersection,	3233
facing a flashing circular red signal indication, shall stop at a	3234
clearly marked stop line; but if there is no stop line, before	3235
entering the crosswalk on the near side of the intersection; or if	3236
there is no crosswalk, at the point nearest the intersecting	3237
roadway where the driver has a view of approaching traffic on the	3238
intersecting roadway before entering the intersection. The right	3239
to proceed shall be subject to the provisions that are applicable	3240
after making a stop at a stop sign.	3241

(2) Pedestrians facing any flashing red signal indication at	3242
an intersection, unless otherwise directed by a pedestrian signal	3243
indication or other traffic control device, are permitted to	3244
proceed across the roadway within any marked or unmarked	3245
associated crosswalk. Pedestrians shall yield the right-of-way to	3246
vehicles lawfully within the intersection at the time that the	3247
flashing red signal indication is first displayed.	3248

(3) When a flashing circular red signal indication is	3249
displayed as a beacon to supplement another traffic control	3250
device, road users are notified that there is a need to pay	3251
additional attention to the message contained thereon or that the	3252
regulatory requirements of the other traffic control device, which	3253
might not be applicable at all times, are currently applicable.	3254
Use of this signal indication shall be limited to supplementing	3255
stop, do not enter, or wrong way signs, and to applications where	3256
compliance with the supplemented traffic control device requires a	3257
stop at a designated point.	3258

(G) In the event an official traffic-control signal is	3259
erected and maintained at a place other than an intersection, the	3260
provisions of this section shall be applicable except as to those	3261
provisions which by their nature can have no application. Any stop	3262
required shall be made at a sign or marking on the pavement	3263
indicating where the stop shall be made, but in the absence of any	3264
such sign or marking the stop shall be made at the signal.	3265

(H) This section does not apply at railroad grade crossings.	3266
Conduct of drivers of vehicles, trackless trolleys, and streetcars	3267
approaching railroad grade crossings shall be governed by sections	3268
4511.61 and 4511.62 of the Revised Code.	3269

Sec. 4513.263. (A) As used in this section and in section	3270
4513.99 of the Revised Code:	3271

(1) "Automobile" means any commercial tractor, passenger car,	3272
commercial car, or truck that is required to be factory-equipped	3273
with an occupant restraining device for the operator or any	3274
passenger by regulations adopted by the United States secretary of	3275
transportation pursuant to the "National Traffic and Motor Vehicle	3276
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	3277

(2) "Occupant restraining device" means a seat safety belt,	3278
shoulder belt, harness, or other safety device for restraining a	3279
person who is an operator of or passenger in an automobile and	3280
that satisfies the minimum federal vehicle safety standards	3281
established by the United States department of transportation.	3282

(3) "Passenger" means any person in an automobile, other than	3283
its operator, who is occupying a seating position for which an	3284
occupant restraining device is provided.	3285

(4) "Commercial tractor," "passenger car," and "commercial	3286
car" have the same meanings as in section 4501.01 of the Revised	3287
Code.	3288

(5) "Vehicle" and "motor vehicle," as used in the definitions	3289
of the terms set forth in division (A)(4) of this section, have	3290
the same meanings as in section 4511.01 of the Revised Code.	3291

(6) "Tort action" means a civil action for damages for	3292
injury, death, or loss to person or property. "Tort action"	3293
includes a product liability claim, as defined in section 2307.71	3294
of the Revised Code, and an asbestos claim, as defined in section	3295
2307.91 of the Revised Code, but does not include a civil action	3296
for damages for breach of contract or another agreement between	3297
persons.	3298

(B) No person shall do any of the following:

3299

(1) Operate an automobile on any street or highway unless	3300
that person is wearing all of the available elements of a properly	3301
adjusted occupant restraining device, or operate a school bus that	3302
has an occupant restraining device installed for use in its	3303
operator's seat unless that person is wearing all of the available	3304
elements of the device, as properly adjusted;	3305

(2) Operate an automobile on any street or highway unless	3306
each passenger in the automobile who is subject to the requirement	3307
set forth in division (B)(3) of this section is wearing all of the	3308
available elements of a properly adjusted occupant restraining	3309
device;	3310

(3) Occupy, as a passenger, a seating position on the front	3311
seat of an automobile being operated on any street or highway	3312
unless that person is wearing all of the available elements of a	3313
properly adjusted occupant restraining device;	3314

(4) Operate a taxicab on any street or highway unless all	3315
factory-equipped occupant restraining devices in the taxicab are	3316
maintained in usable form.	3317

(C) Division (B)(3) of this section does not apply to a	3318
person who is required by section 4511.81 of the Revised Code to	3319
be secured in a child restraint device or booster seat. Division	3320
(B)(1) of this section does not apply to a person who is an	3321
employee of the United States postal service or of a newspaper	3322
home delivery service, during any period in which the person is	3323
engaged in the operation of an automobile to deliver mail or	3324
newspapers to addressees. Divisions (B)(1) and (3) of this section	3325
do not apply to a person who has an affidavit signed by a	3326
physician licensed to practice in this state under Chapter 4731.	3327
of the Revised Code or a chiropractor licensed to practice in this	3328
state under Chapter 4734. of the Revised Code that states that the	3329
person has a physical impairment that makes use of an occupant	3330
restraining device impossible or impractical.	3331

(D) Notwithstanding any provision of law to the contrary, no	3332
law enforcement officer shall cause an operator of an automobile	3333
being operated on any street or highway to stop the automobile for	3334
the sole purpose of determining whether a violation of division	3335
(B) of this section has been or is being committed or for the sole	3336
purpose of issuing a ticket, citation, or summons for a violation	3337
of that nature or causing the arrest of or commencing a	3338
prosecution of a person for a violation of that nature, and no law	3339
enforcement officer shall view the interior or visually inspect	3340
any automobile being operated on any street or highway for the	3341
sole purpose of determining whether a violation of that nature has	3342
been or is being committed.	3343

(E) All fines collected for violations of division (B) of	3344
this section, or for violations of any ordinance or resolution of	3345
a political subdivision that is substantively comparable to that	3346
division, shall be forwarded to the treasurer of state for deposit	3347
into the state treasury to the credit of the trauma and emergency	3348
medical services fund, which is hereby created. In addition, sixty	3349
cents of each fee collected under sections 4501.34, 4503.26,	3350
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	3351
specified in those sections, plus the portion of the driver's	3352
license reinstatement fee described in division (F)(2)(g) of	3353
section 4511.191 of the Revised Code, plus all fees collected	3354
under section 4765.11 of the Revised Code, plus all fines imposed	3355
under section 4765.55 of the Revised Code, plus the fees and other	3356
moneys specified in section 4766.05 of the Revised Code, and plus	3357
five per cent of fines and moneys arising from bail forfeitures as	3358
directed by section 5503.04 of the Revised Code, also shall be	3359
deposited into the trauma and emergency medical services fund. All	3360
money deposited into the trauma and emergency medical services	3361
fund shall be used by the department of public safety for the	3362
administration and operation of the division of emergency medical	3363
services and the state board of emergency medical, fire, and	3364
transportation services, and by the state board of emergency	3365
medical, fire, and transportation services to make grants, in	3366
accordance with section 4765.07 of the Revised Code and rules the	3367
board adopts under section 4765.11 of the Revised Code. The	3368
director of budget and management may transfer excess money from	3369
the trauma and emergency medical services fund to the state	3370
highway safety fund if the director of public safety determines	3371
that the amount of money in the trauma and emergency medical	3372
services fund exceeds the amount required to cover such costs	3373
incurred by the emergency medical services agency and the grants	3374
made by the state board of emergency medical, fire, and	3375
transportation services and requests the director of budget and	3376
management to make the transfer.	3377

(F)(1) Subject to division (F)(2) of this section, the	3378
failure of a person to wear all of the available elements of a	3379
properly adjusted occupant restraining device in violation of	3380
division (B)(1) or (3) of this section or the failure of a person	3381
to ensure that each minor who is a passenger of an automobile	3382
being operated by that person is wearing all of the available	3383
elements of a properly adjusted occupant restraining device in	3384
violation of division (B)(2) of this section shall not be	3385
considered or used by the trier of fact in a tort action as	3386
evidence of negligence or contributory negligence. But, the trier	3387
of fact may determine based on evidence admitted consistent with	3388
the Ohio Rules of Evidence that the failure contributed to the	3389
harm alleged in the tort action and may diminish a recovery of	3390
compensatory damages that represents noneconomic loss, as defined	3391
in section 2307.011 of the Revised Code, in a tort action that	3392
could have been recovered but for the plaintiff's failure to wear	3393
all of the available elements of a properly adjusted occupant	3394
restraining device. Evidence of that failure shall not be used as	3395
a basis for a criminal prosecution of the person other than a	3396
prosecution for a violation of this section; and shall not be	3397
admissible as evidence in a criminal action involving the person	3398
other than a prosecution for a violation of this section.	3399

(2) If, at the time of an accident involving a passenger car	3400
equipped with occupant restraining devices, any occupant of the	3401
passenger car who sustained injury or death was not wearing an	3402
available occupant restraining device, was not wearing all of the	3403
available elements of such a device, or was not wearing such a	3404
device as properly adjusted, then, consistent with the Rules of	3405
Evidence, the fact that the occupant was not wearing the available	3406
occupant restraining device, was not wearing all of the available	3407
elements of such a device, or was not wearing such a device as	3408
properly adjusted is admissible in evidence in relation to any	3409
claim for relief in a tort action to the extent that the claim for	3410
relief satisfies all of the following:	3411

(a) It seeks to recover damages for injury or death to the	3412
occupant.	3413

(b) The defendant in question is the manufacturer, designer,	3414
distributor, or seller of the passenger car.	3415

(c) The claim for relief against the defendant in question is	3416
that the injury or death sustained by the occupant was enhanced or	3417
aggravated by some design defect in the passenger car or that the	3418
passenger car was not crashworthy.	3419

(G)(1) Whoever violates division (B)(1) of this section shall	3420
be fined thirty dollars.	3421

(2) Whoever violates division (B)(3) of this section shall be	3422
fined twenty dollars.	3423

(3) Except as otherwise provided in this division, whoever	3424
violates division (B)(4) of this section is guilty of a minor	3425
misdemeanor. If the offender previously has been convicted of or	3426
pleaded guilty to a violation of division (B)(4) of this section,	3427
whoever violates division (B)(4) of this section is guilty of a	3428
misdemeanor of the third degree.	3429

Sec. 4513.34. (A) ~~The~~(1) The director of transportation	3430
with respect to all highways that are a part of the state highway	3431
system and local authorities with respect to highways under their	3432
jurisdiction, upon application in writing, shall issue a special	3433
regional heavy hauling permit authorizing the applicant to operate	3434
or move a vehicle or combination of vehicles as follows:	3435

(a) At a size or weight of vehicle or load exceeding the	3436
maximum specified in sections 5577.01 to 5577.09 of the Revised	3437
Code, or otherwise not in conformity with sections 4513.01 to	3438
4513.37 of the Revised Code;	3439

(b) Upon any highway under the jurisdiction of the authority	3440
granting the permit except those highways with a condition	3441
insufficient to bear the weight of the vehicle or combination of	3442
vehicles as stated in the application;	3443

(c) For regional trips at distances of one hundred fifty	3444
miles or less from a facility stated on the application as the	3445
applicant's point of origin.	3446

Issuance of a special regional heavy hauling permit is	3447
subject to the payment of a fee established by the director or	3448
local authority in accordance with this section.	3449

(2) In circumstances where a person is not eligible to	3450
receive a permit under division (A)(1) of this section, the	3451
director of transportation with respect to all highways that are a	3452
part of the state highway system and local authorities with	3453
respect to highways under their jurisdiction, upon application in	3454
writing and for good cause shown, may issue a special permit in	3455
writing authorizing the applicant to operate or move a vehicle or	3456
combination of vehicles of a size or weight of vehicle or load	3457
exceeding the maximum specified in sections 5577.01 to 5577.09 of	3458
the Revised Code, or otherwise not in conformity with sections	3459
4513.01 to 4513.37 of the Revised Code, upon any highway under the	3460
jurisdiction of the authority granting the permit.	3461

(3) For purposes of this section, the director may designate	3462
certain state highways or portions of state highways as special	3463
economic development highways. If an application submitted to the	3464
director under this section involves travel of a nonconforming	3465
vehicle or combination of vehicles upon a special economic	3466
development highway, the director, in determining whether good	3467
cause has been shown that issuance of a permit is justified, shall	3468
consider the effect the travel of the vehicle or combination of	3469
vehicles will have on the economic development in the area in	3470
which the designated highway or portion of highway is located.	3471

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	3472
Code, the holder of a ~~special~~ permit issued by the director under	3473
this section may move the vehicle or combination of vehicles	3474
described in the ~~special~~ permit on any highway that is a part of	3475
the state highway system when the movement is partly within and	3476
partly without the corporate limits of a municipal corporation. No	3477
local authority shall require any other permit or license or	3478
charge any license fee or other charge against the holder of a	3479
permit for the movement of a vehicle or combination of vehicles on	3480
any highway that is a part of the state highway system. The	3481
director shall not require the holder of a permit issued by a	3482
local authority to obtain a special permit for the movement of	3483
vehicles or combination of vehicles on highways within the	3484
jurisdiction of the local authority. Permits may be issued for any	3485
period of time not to exceed one year, as the director in the	3486
director's discretion or a local authority in its discretion	3487
determines advisable, or for the duration of any public	3488
construction project.	3489

(C)(1) The application for a permit issued under this section	3490
shall be in the form that the director or local authority	3491
prescribes. The director or local authority may prescribe a permit	3492
fee to be imposed and collected when any permit described in this	3493
section is issued. The permit fee may be in an amount sufficient	3494
to reimburse the director or local authority for the	3495
administrative costs incurred in issuing the permit, and also to	3496
cover the cost of the normal and expected damage caused to the	3497
roadway or a street or highway structure as the result of the	3498
operation of the nonconforming vehicle or combination of vehicles.	3499
The director, in accordance with Chapter 119. of the Revised Code,	3500
shall establish a schedule of fees for permits issued by the	3501
director under this section.	3502

(2) For the purposes of this section and of rules adopted by	3503
the director under this section, milk transported in bulk by	3504
vehicle is deemed a nondivisible load.	3505

(3)(a) Subject to division (C)(3)(b) of this section, a	3506
person who otherwise would be required to receive a permit under	3507
this section may move or operate a vehicle or combination of	3508
vehicles without that permit for a distance of two miles or less	3509
from the Ohio turnpike, provided the vehicle or combination of	3510
vehicles was operated without a special permit on the Ohio	3511
turnpike in accordance with rules adopted under section 5537.16 of	3512
the Revised Code.	3513

(b) The director or a local authority may prohibit the	3514
operation of a vehicle or combination of vehicles on any highway	3515
within two miles or less of the Ohio turnpike if the highway	3516
condition is insufficient to bear the weight of the vehicle or	3517
combination of vehicles.	3518

(c) As used in this division, "Ohio turnpike" has the same	3519
meaning as in section 5537.26 of the Revised Code.	3520

(D) The director or a local authority shall issue a special	3521
regional heavy hauling permit under division (A)(1) of this	3522
section upon application and payment of the applicable fee.	3523
However, the director or local authority may issue or withhold a	3524
special permit specified in division (A)(2) of this section. If a	3525
permit is to be issued, the director or local authority may limit	3526
or prescribe conditions of operation for the vehicle and may	3527
require the posting of a bond or other security conditioned upon	3528
the sufficiency of the permit fee to compensate for damage caused	3529
to the roadway or a street or highway structure. In addition, a	3530
local authority, as a condition of issuance of an overweight	3531
permit, may require the applicant to develop and enter into a	3532
mutual agreement with the local authority to compensate for or to	3533
repair excess damage caused to the roadway by travel under the	3534
permit.	3535

For a permit that will allow travel of a nonconforming	3536
vehicle or combination of vehicles on a special economic	3537
development highway, the director, as a condition of issuance, may	3538
require the applicant to agree to make periodic payments to the	3539
department to compensate for damage caused to the roadway by	3540
travel under the permit.	3541

(E) Every permit issued under this section shall be carried	3542
in the vehicle or combination of vehicles to which it refers and	3543
shall be open to inspection by any police officer or authorized	3544
agent of any authority granting the permit. No person shall	3545
violate any of the terms of a permit.	3546

(F) The director may debar an applicant from applying for a	3547
~~special~~ permit under this section upon a finding based on a	3548
reasonable belief that the applicant has done any of the	3549
following:	3550

(1) Abused the process by repeatedly submitting false	3551
information or false travel plans or by using another company or	3552
individual's name, insurance, or escrow account without proper	3553
authorization;	3554

(2) Failed to comply with or substantially perform under a	3555
previously issued ~~special~~ permit according to its terms,	3556
conditions, and specifications within specified time limits;	3557

(3) Failed to cooperate in the application process for the	3558
~~special~~ permit or in any other procedures that are related to the	3559
issuance of the ~~special~~ permit by refusing to provide information	3560
or documents required in a permit or by failing to respond to and	3561
correct matters related to the ~~special~~ permit;	3562

(4) Accumulated repeated justified complaints regarding	3563
performance under a ~~special~~ permit that was previously issued to	3564
the applicant or previously failed to obtain a ~~special~~ permit when	3565
such a permit was required;	3566

(5) Attempted to influence a public employee to breach	3567
ethical conduct standards;	3568

(6) Been convicted of a criminal offense related to the	3569
application for, or performance under, a ~~special~~ permit,	3570
including, but not limited to, bribery, falsification, fraud or	3571
destruction of records, receiving stolen property, and any other	3572
offense that directly reflects on the applicant's integrity or	3573
commercial driver's license;	3574

(7) Accumulated repeated convictions under a state or federal	3575
safety law governing commercial motor vehicles or a rule or	3576
regulation adopted under such a law;	3577

(8) Accumulated repeated convictions under a law, rule, or	3578
regulation governing the movement of traffic over the public	3579
streets and highways;	3580

(9) Failed to pay any fees associated with any permitted	3581
operation or move;	3582

(10) Deliberately or willfully submitted false or misleading	3583
information in connection with the application for, or performance	3584
under, a ~~special~~ permit issued under this section.	3585

If the applicant is a partnership, association, or	3586
corporation, the director also may debar from consideration for	3587
~~special~~ permits any partner of the partnership, or the officers,	3588
directors, or employees of the association or corporation being	3589
debarred.	3590

The director may adopt rules in accordance with Chapter 119.	3591
of the Revised Code governing the debarment of an applicant.	3592

(G) When the director reasonably believes that grounds for	3593
debarment exist, the director shall send the person that is	3594
subject to debarment a notice of the proposed debarment. A notice	3595
of proposed debarment shall indicate the grounds for the debarment	3596
of the person and the procedure for requesting a hearing. The	3597
notice and hearing shall be in accordance with Chapter 119. of the	3598
Revised Code. If the person does not respond with a request for a	3599
hearing in the manner specified in that chapter, the director	3600
shall issue the debarment decision without a hearing and shall	3601
notify the person of the decision by certified mail, return	3602
receipt requested. The debarment period may be of any length	3603
determined by the director, and the director may modify or rescind	3604
the debarment at any time. During the period of debarment, the	3605
director shall not issue, or consider issuing, a ~~special~~ permit	3606
under this section to any partnership, association, or corporation	3607
that is affiliated with a debarred person. After the debarment	3608
period expires, the person, and any partnership, association, or	3609
corporation affiliated with the person, may reapply for a ~~special~~	3610
permit.	3611

(H)(1) No person shall violate the terms of a permit issued	3612
under this section that relate to gross load limits.	3613

(2) No person shall violate the terms of a permit issued	3614
under this section that relate to axle load by more than two	3615
thousand pounds per axle or group of axles.	3616

(3) No person shall violate the terms of a permit issued	3617
under this section that relate to an approved route except upon	3618
order of a law enforcement officer.	3619

(I) Whoever violates division (H) of this section shall be	3620
punished as provided in section 4513.99 of the Revised Code.	3621

(J) A permit issued under this section for the operation of a	3622
vehicle or combination of vehicles is valid for the purposes of	3623
the vehicle operation in accordance with the terms of the permit	3624
notwithstanding any other violation of the motor vehicle and	3625
traffic laws of this state by the operator of the vehicle or	3626
combination of vehicles.	3627

Sec. 4513.53. (A) The superintendent of the state highway	3628
patrol, with approval of the director of public safety, may	3629
appoint and maintain necessary staff to carry out the inspection	3630
of buses.	3631

(B) The superintendent of the state highway patrol shall	3632
adopt a distinctive annual safety inspection decal bearing the	3633
date of inspection. The state highway patrol may remove any decal	3634
from a bus that fails any inspection.	3635

(C) ~~Fees~~Bus inspection fees collected by the state highway	3636
patrol under section 4513.52 of the Revised Code shall be paid	3637
into the state treasury to the credit of the ~~general revenue fund.~~	3638
~~Annually by the first day of June, the director of public safety~~	3639
~~shall determine the amount of fees collected under section 4513.52~~	3640
~~of the Revised Code and shall certify the amount to the director~~	3641
~~of budget and management for reimbursement. The director of budget~~	3642
~~and management then may transfer cash up to the amount certified~~	3643
~~from the general revenue fund to the~~ state highway safety fund	3644
created in section 4501.06 of the Revised Code.	3645

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	3646
highway, public street, or other property open to the public for	3647
purposes of vehicular travel and if any motor vehicle, cargo, or	3648
personal property that has been damaged or spilled as a result of	3649
the motor vehicle accident is blocking the highway, street, or	3650
other property or is otherwise endangering public safety, the	3651
sheriff of the county, or the chief of police of the municipal	3652
corporation, township, or township or joint police district, in	3653
which the accident occurred, a state highway patrol trooper, or	3654
the chief of the fire department having jurisdiction where the	3655
accident occurred ~~may~~, or a duly authorized subordinate acting on	3656
behalf of an official specified above, without consent of the	3657
owner but with the approval of the law enforcement agency	3658
conducting any investigation of the accident, may remove the motor	3659
vehicle if the motor vehicle is unoccupied, cargo, or personal	3660
property from the portion of the highway, public street, or	3661
property ordinarily used for vehicular travel on the highway,	3662
public street, or other property open to the public for purposes	3663
of vehicular travel.	3664

(B)(1) Except as provided in division (B)(2) or (3) of this	3665
section, no employee of the department of transportation, sheriff,	3666
deputy sheriff, chief of police or police officer of a municipal	3667
corporation, township, or township or joint police district, state	3668
highway patrol trooper, chief of a fire department, or fire	3669
fighter, or a duly authorized subordinate acting on behalf of such	3670
an official who authorizes or participates in the removal of any	3671
unoccupied motor vehicle, cargo, or personal property as	3672
authorized by division (A) of this section is liable in civil	3673
damages for any injury, death, or loss to person or property that	3674
results from the removal of that unoccupied motor vehicle, cargo,	3675
or personal property. Except as provided in division (B)(2) or (3)	3676
of this section, if the department of transportation or a sheriff,	3677
chief of police of a municipal corporation, township, or township	3678
or joint police district, head of the state highway patrol, or	3679
chief of a fire department, or a duly authorized subordinate	3680
acting on behalf of such an official authorizes, employs, or	3681
arranges to have a private tow truck operator or towing company	3682
remove any unoccupied motor vehicle, cargo, or personal property	3683
as authorized by division (A) of this section, that private tow	3684
truck operator or towing company is not liable in civil damages	3685
for any injury, death, or loss to person or property that results	3686
from the removal of that unoccupied motor vehicle, cargo, or	3687
personal property~~, and~~. Further, the department of transportation,	3688
sheriff, chief of police, head of the state highway patrol, or	3689
fire department chief, or a duly authorized subordinate acting on	3690
behalf of such an official is not liable in civil damages for any	3691
injury, death, or loss to person or property that results from the	3692
private tow truck operator or towing company's removal of that	3693
unoccupied motor vehicle, cargo, or personal property.	3694

(2) Division (B)(1) of this section does not apply to any	3695
person or entity involved in the removal of an unoccupied motor	3696
vehicle, cargo, or personal property pursuant to division (A) of	3697
this section if that removal causes or contributes to the release	3698
of a hazardous material or to structural damage to the roadway.	3699

(3) Division (B)(1) of this section does not apply to a	3700
private tow truck operator or towing company that was not	3701
authorized, employed, or arranged by the department of	3702
transportation, a sheriff, a chief of police of a municipal	3703
corporation, township, or township or joint police district, the	3704
head of the state highway patrol, or a chief of a fire department,	3705
or a duly authorized subordinate acting on behalf of such an	3706
official or to a private tow truck operator or towing company that	3707
was authorized, employed, or arranged by the department of	3708
transportation, a sheriff, a chief of police of a municipal	3709
corporation, township, or township or joint police district, the	3710
head of the state highway patrol, or a chief of a fire department,	3711
or a duly authorized subordinate acting on behalf of such an	3712
official to perform the removal of the unoccupied motor vehicle,	3713
cargo, or personal property and the private tow truck operator or	3714
towing company performed the removal in a reckless or willful	3715
manner.	3716

(C) As used in this section, "hazardous material" has the	3717
same meaning as in section 2305.232 of the Revised Code.	3718

Sec. 4517.021. (A) Sections 4517.01, 4517.02, and 4517.03 to	3719
4517.45 of the Revised Code do not apply to a person auctioning	3720
classic motor vehicles, provided all of the following apply:	3721

(1) The person is responsible for not more than ~~two~~four	3722
auctions of classic motor vehicles per year, with no auction	3723
lasting more than two days;	3724

(2) The person requests and receives permission for the	3725
auction from the registrar of motor vehicles by filing an	3726
application for each proposed auction of classic motor vehicles,	3727
at least thirty days before the auction, in a form prescribed by	3728
the registrar, signed and sworn to by the person, that contains	3729
all of the following:	3730

(a) The person's name and business address;

3731

(b) The location of the auction;

3732

(c) Evidence, sufficient to satisfy the registrar, that the	3733
person does not exclusively sell motor vehicles;	3734

(d) Any necessary, reasonable, and relevant information that	3735
the registrar may require to verify compliance with this section.	3736

(3) The person will be auctioning the classic motor vehicle	3737
to the general public for the legal owner of the vehicle, which	3738
ownership must be evidenced at the time of the auction by a valid	3739
certificate of title issued pursuant to Chapter 4505. of the	3740
Revised Code;	3741

(4) The person keeps a record of the following information	3742
for each classic motor vehicle offered for sale at auction, in a	3743
manner prescribed by the registrar:	3744

(a) The certificate of title number, county, and state of	3745
registration;	3746

(b) The year, make, model, and vehicle identification number;

3747

(c) The name and address of the person offering the vehicle	3748
for sale;	3749

(d) The name and address of any vehicle purchaser;

3750

(e) The date the vehicle is offered for sale;

3751

(f) Any purchase price;

3752

(g) The odometer reading at the time of the auction and an	3753
odometer statement from the person offering the vehicle for sale	3754
at auction that complies with 49 U.S.C. 32705.	3755

(5) The person allows reasonable inspection by the registrar	3756
of the person's records relating to each classic motor vehicle	3757
auction.	3758

(B) Any person that auctions classic motor vehicles under	3759
this section shall use the auction services of an auction firm to	3760
conduct the auction.	3761

(C) The registrar may refuse permission to hold an auction if	3762
the registrar finds that the person has not complied with division	3763
(A) of this section or has made a false statement of a material	3764
fact in the application filed under division (A)(2) of this	3765
section.	3766

(D) The registrar shall not authorize a person licensed under	3767
section 4707.072 of the Revised Code to offer auction services or	3768
act as an auctioneer in regard to an auction of classic motor	3769
vehicles pursuant to this section.	3770

(E) As used in this section:

3771

(1) "Auction firm" and "auction services" have the same	3772
meanings as in section 4707.01 of the Revised Code.	3773

(2) "Classic motor vehicle" means a motor vehicle that is	3774
over twenty-six years old.	3775

Sec. 4561.21. (A) The director of transportation shall	3776
deposit all aircraft transfer fees in the state treasury to the	3777
credit of the general fund.	3778

(B) The director shall deposit all aircraft license taxes and	3779
fines in the state treasury to the credit of the airport	3780
assistance fund, which is hereby created. Money in the fund shall	3781
be used for maintenance and capital improvements to publicly owned	3782
airports, and the operating costs associated with the office of	3783
aviation. For maintenance and capital improvements to publicly	3784
owned airports, the director shall distribute the money to	3785
eligible recipients in accordance with such procedures,	3786
guidelines, and criteria as the director shall establish. No more	3787
than ten per cent of all funds deposited annually into the fund	3788
shall be spent annually to pay operating costs associated with the	3789
office of aviation.	3790

Sec. 4743.05. Except as otherwise provided in sections	3791
4701.20, 4723.062, 4723.082, 4729.65, 4781.121, and 4781.28 of the	3792
Revised Code, all money collected under Chapters 3773., 4701.,	3793
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	3794
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	3795
4761., ~~4766.,~~ 4771., 4775., 4779., and 4781. of the Revised Code	3796
shall be paid into the state treasury to the credit of the	3797
occupational licensing and regulatory fund, which is hereby	3798
created for use in administering such chapters.	3799

At the end of each quarter, the director of budget and	3800
management shall transfer from the occupational licensing and	3801
regulatory fund to the nurse education assistance fund created in	3802
section 3333.28 of the Revised Code the amount certified to the	3803
director under division (B) of section 4723.08 of the Revised	3804
Code.	3805

At the end of each quarter, the director shall transfer from	3806
the occupational licensing and regulatory fund to the certified	3807
public accountant education assistance fund created in section	3808
4701.26 of the Revised Code the amount certified to the director	3809
under division (H)(2) of section 4701.10 of the Revised Code.	3810

Sec. 4765.02. (A)(1) There is hereby created the state board	3811
of emergency medical, fire, and transportation services within the	3812
division of emergency medical services of the department of public	3813
safety. The board shall consist of the members specified in this	3814
section who are residents of this state. The governor, with the	3815
advice and consent of the senate, shall appoint all members of the	3816
board, except the employee of the department of public safety	3817
designated by the director of public safety under this section to	3818
be a member of the board. In making the appointments, the governor	3819
shall appoint only members with background or experience in	3820
emergency medical services or trauma care and shall attempt to	3821
include members representing urban and rural areas, various	3822
geographical regions of the state, and various schools of	3823
training.	3824

(2) One member of the board shall be a physician certified by	3825
the American board of emergency medicine or the American	3826
osteopathic board of emergency medicine who is active in the	3827
practice of emergency medicine and is actively involved with an	3828
emergency medical service organization. The governor shall appoint	3829
this member from among three persons nominated by the Ohio chapter	3830
of the American college of emergency physicians and three persons	3831
nominated by the Ohio osteopathic association. One member shall be	3832
a physician certified by the American board of surgery or the	3833
American osteopathic board of surgery who is active in the	3834
practice of trauma surgery and is actively involved with emergency	3835
medical services. The governor shall appoint this member from	3836
among three persons nominated by the Ohio chapter of the American	3837
college of surgeons and three persons nominated by the Ohio	3838
osteopathic association. One member shall be a physician certified	3839
by the American academy of pediatrics or American osteopathic	3840
board of pediatrics who is active in the practice of pediatric	3841
emergency medicine and actively involved with an emergency medical	3842
service organization. The governor shall appoint this member from	3843
among three persons nominated by the Ohio chapter of the American	3844
academy of pediatrics and three persons nominated by the Ohio	3845
osteopathic association. ~~One member shall be the administrator of~~	3846
~~an adult or pediatric trauma center. The governor shall appoint~~	3847
~~this member from among three persons nominated by the OHA: the~~	3848
~~association for hospitals and health systems, three persons~~	3849
~~nominated by the Ohio osteopathic association, three persons~~	3850
~~nominated by the association of Ohio children's hospitals, and~~	3851
~~three persons nominated by the health forum of Ohio.~~ One member	3852
shall be the administrator of a hospital ~~that is not a trauma~~	3853
~~center~~located in this state. The governor shall appoint this	3854
member from among three persons nominated by OHA: the association	3855
for hospitals and health systems, three persons nominated by the	3856
Ohio osteopathic association, and three persons nominated by the	3857
association of Ohio children's hospitals~~, and three persons~~	3858
~~nominated by the health forum of Ohio~~. One member shall be a	3859
~~registered nurse~~an adult or pediatric trauma program manager or	3860
trauma program director who is involved in the ~~active practice of~~	3861
~~emergency nursing~~daily management of a verified trauma center.	3862
The governor shall appoint this member from among three persons	3863
nominated by the Ohio nurses association, three persons nominated	3864
by the Ohio society of trauma nurse leaders, and three persons	3865
nominated by the Ohio state council of the emergency nurses	3866
association. One member shall be the chief of a fire department	3867
that is also an emergency medical service organization in which	3868
more than fifty per cent of the persons who provide emergency	3869
medical services are full-time paid employees. The governor shall	3870
appoint this member from among three persons nominated by the Ohio	3871
fire chiefs' association. One member shall be the chief of a fire	3872
department that is also an emergency medical service organization	3873
in which more than fifty per cent of the persons who provide	3874
emergency medical services are volunteers. The governor shall	3875
appoint this member from among three persons nominated by the Ohio	3876
fire chiefs' association. One member shall be a person who is	3877
certified to teach under section 4765.23 of the Revised Code ~~or,~~	3878
~~if the board has not yet certified persons to teach under that~~	3879
~~section, a person who is qualified to be certified to teach under~~	3880
~~that section~~and holds a valid certificate to practice as an EMT,	3881
AEMT, or paramedic. The governor shall appoint this member from	3882
among three persons nominated by the Ohio emergency medical	3883
technician instructors association and the Ohio	3884
instructor/coordinators' society. One member shall be an	3885
~~EMT-basic, one shall be an EMT-I, and one~~EMT, AEMT, or paramedic,	3886
and one member shall be a paramedic. The governor shall appoint	3887
these members from among three ~~EMTs-basic, three EMTs-I,~~EMTs or	3888
AEMTs and three paramedics nominated by the Ohio association of	3889
professional fire fighters ~~and three EMTs-basic, three EMTs-I,~~	3890
~~and three paramedics nominated by the northern Ohio fire fighters~~.	3891
One member shall be an ~~EMT-basic, one shall be an EMT-I, and one~~	3892
EMT, AEMT, or paramedic, and one member shall be a paramedic ~~whom~~	3893
~~the~~. The governor shall appoint these members from among three	3894
~~EMTs-basic, three EMTs-I,~~EMTs or AEMTs and three paramedics	3895
nominated by the Ohio state firefighter's association. One member	3896
shall be a person whom the governor shall appoint from among an	3897
~~EMT-basic, an EMT-I, and~~EMT, AEMT, or a paramedic nominated by	3898
the Ohio association of emergency medical services or the Ohio	3899
ambulance and medical transportation association. One member shall	3900
be an EMT, AEMT, or a paramedic, whom the governor shall appoint	3901
from among three persons nominated by the Ohio ambulance and	3902
medical transportation association. One member shall be a	3903
paramedic, whom the governor shall appoint from among three	3904
persons nominated by the Ohio ambulance and medical transportation	3905
association. ~~The governor shall appoint one member who is an~~	3906
~~EMT-basic, EMT-I, or paramedic affiliated with an emergency~~	3907
~~medical services organization. One member shall be a member of the~~	3908
~~Ohio ambulance association whom the governor shall appoint from~~	3909
~~among three persons nominated by the Ohio ambulance association.~~	3910
~~One member shall be a physician certified by the American board of~~	3911
~~surgery, American board of osteopathic surgery, American~~	3912
~~osteopathic board of emergency medicine, or American board of~~	3913
~~emergency medicine who is the chief medical officer of an air~~	3914
~~medical agency and is currently active in providing emergency~~	3915
~~medical services. The governor shall appoint this member from~~	3916
~~among three persons nominated by the Ohio association of air~~	3917
~~medical services.~~One member shall be the owner or operator of a	3918
private emergency medical service organization whom the governor	3919
shall appoint from among three persons nominated by the Ohio	3920
ambulance and medical transportation association. One member shall	3921
be a provider of mobile intensive care unit transportation in this	3922
state whom the governor shall appoint from among three persons	3923
nominated by the Ohio association of critical care transport. One	3924
member shall be a provider of air-medical transportation in this	3925
state whom the governor shall appoint from among three persons	3926
nominated by the Ohio association of critical care transport. One	3927
member shall be the owner or operator of a nonemergency medical	3928
service organization in this state that provides ambulette	3929
services whom the governor shall appoint from among three persons	3930
nominated by the Ohio ambulance and medical transportation	3931
association.	3932

The governor may refuse to appoint any of the persons	3933
nominated by one or more organizations under division (A)(2) of	3934
this section, except the employee of the department of public	3935
safety designated by the director of public safety under this	3936
section to be a member of the board. In that event, the	3937
organization or organizations shall continue to nominate the	3938
required number of persons until the governor appoints to the	3939
board one or more of the persons nominated by the organization or	3940
organizations.	3941

The director of public safety shall designate an employee of	3942
the department of public safety to serve as a member of the board	3943
at the director's pleasure. This member shall serve as a liaison	3944
between the department and the division of emergency medical	3945
services in cooperation with the executive director of the board.	3946

~~Initial appointments to the board by the governor and the~~	3947
~~director of public safety shall be made within ninety days after~~	3948
~~November 12, 1992. Of the initial appointments by the governor,~~	3949
~~five shall be for terms ending one year after November 12, 1992,~~	3950
~~six shall be for terms ending two years after November 12, 1992,~~	3951
~~and six shall be for terms ending three years after November 12,~~	3952
~~1992. Within ninety days after the effective date of this~~	3953
~~amendment, the governor shall appoint the member of the board who~~	3954
~~is the chief medical officer of an air medical agency for an~~	3955
~~initial term ending November 12, 2000. Thereafter, terms~~	3956

(B) Terms of office of all members appointed by the governor	3957
shall be for three years, each term ending on the same day of the	3958
same month as did the term it succeeds. Each member shall hold	3959
office from the date of appointment until the end of the term for	3960
which the member was appointed. A member shall continue in office	3961
subsequent to the expiration date of the member's term until the	3962
member's successor takes office, or until a period of sixty days	3963
has elapsed, whichever occurs first.	3964

Each vacancy shall be filled in the same manner as the	3965
original appointment. A member appointed to fill a vacancy	3966
occurring prior to the expiration of the term for which the	3967
member's predecessor was appointed shall hold office for the	3968
remainder of the unexpired term.	3969

The term of a member shall expire if the member ceases to	3970
meet any of the requirements to be appointed as that member. The	3971
governor may remove any member from office for neglect of duty,	3972
malfeasance, misfeasance, or nonfeasance, after an adjudication	3973
hearing held in accordance with Chapter 119. of the Revised Code.	3974

(C) The members of the board shall serve without compensation	3975
but shall be reimbursed for their actual and necessary expenses	3976
incurred in carrying out their duties as board members.	3977

(D) The board shall organize by annually selecting a chair	3978
and vice-chair from among its members. The board may adopt bylaws	3979
to regulate its affairs. A majority of all members of the board	3980
shall constitute a quorum. No action shall be taken without the	3981
concurrence of a majority of all members of the board. The board	3982
shall meet at least four times annually and at the call of the	3983
chair. The chair shall call a meeting on the request of the	3984
executive director or the medical director of the board or on the	3985
written request of five members. The board shall maintain written	3986
or electronic records of its meetings.	3987

(E) Upon twenty-four hours' notice from a member of the	3988
board, the member's employer shall release the member from the	3989
member's employment duties to attend meetings of the full board.	3990
Nothing in this ~~paragraph~~division requires the employer of a	3991
member of the board to compensate the member for time the member	3992
is released from employment duties under this paragraph, but any	3993
civil immunity, workers' compensation, disability, or similar	3994
coverage that applies to a member of the board as a result of the	3995
member's employment shall continue to apply while the member is	3996
released from employment duties under this paragraph.	3997

Sec. 4765.03. (A) The director of public safety shall	3998
appoint a full-time executive director for the state board of	3999
emergency medical, fire, and transportation services. The	4000
executive director shall be knowledgeable in emergency medical	4001
services and trauma care and shall serve at the pleasure of the	4002
director of public safety. The director of public safety shall	4003
appoint the executive director from among three persons nominated	4004
by the board. The director of public safety may refuse, for cause,	4005
to appoint any of the board's nominees. If the director fails to	4006
appoint any of the board's nominees, the board shall continue to	4007
nominate groups of three persons until the director does appoint	4008
one of the board's nominees. The executive director shall serve as	4009
the chief executive officer of the board and as the executive	4010
director of the division of emergency medical services. The	4011
executive director shall attend each meeting of the board, except	4012
the board may exclude the executive director from discussions	4013
concerning the employment or performance of the executive director	4014
or medical director of the board. The executive director shall	4015
give a surety bond to the state in such sum as the board	4016
determines, conditioned on the faithful performance of the duties	4017
of the executive director's office. The executive director shall	4018
receive a salary from the board and shall be reimbursed for actual	4019
and necessary expenses incurred in carrying out duties as	4020
executive director.	4021

The executive director shall submit a report to the director	4022
of public safety at least every three months regarding the status	4023
of emergency medical services in this state. The executive	4024
director shall meet with the director of public safety at the	4025
director's request.	4026

(B) The board shall appoint a medical director, who shall	4027
serve at the pleasure of the board. The medical director shall be	4028
a physician certified by the American board of emergency medicine	4029
or the American osteopathic board of emergency medicine who is	4030
active in the practice of emergency medicine and has been actively	4031
involved with an emergency medical service organization for at	4032
least five years prior to being appointed. The board shall	4033
consider any recommendations for this appointment from the Ohio	4034
chapter of the American college of emergency physicians, the Ohio	4035
chapter of the American college of surgeons, the Ohio chapter of	4036
the American academy of pediatrics, the Ohio osteopathic	4037
association, and the Ohio state medical association.	4038

The medical director shall direct the executive director and	4039
advise the board with regard to adult and pediatric trauma and	4040
emergency medical services issues. The medical director shall	4041
attend each meeting of the board, except the board may exclude the	4042
medical director from discussions concerning the appointment or	4043
performance of the medical director or executive director of the	4044
board. The medical director shall be employed and paid by the	4045
board and shall be reimbursed for actual and necessary expenses	4046
incurred in carrying out duties as medical director.	4047

(C) The board may appoint employees as it determines	4048
necessary. The board shall prescribe the duties and titles of its	4049
employees.	4050

Sec. 4765.04. (A) The firefighter and fire safety inspector	4051
training committee of the state board of emergency medical, fire,	4052
and transportation services is hereby created and shall consist of	4053
the members of the board who are chiefs of fire departments, and	4054
the members of the board who are emergency medical	4055
technicians-basic, emergency medical technicians-intermediate, and	4056
emergency medical technicians-paramedic appointed from among	4057
persons nominated by the Ohio association of professional fire	4058
fighters or the northern Ohio fire fighters and from among persons	4059
nominated by the Ohio state firefighter's association. Each member	4060
of the committee, except the chairperson, may designate a person	4061
with fire experience to serve in that member's place. The members	4062
of the committee or their designees shall select a chairperson	4063
from among the members or their designees.	4064

The committee may conduct investigations in the course of	4065
discharging its duties under this chapter. In the course of an	4066
investigation, the committee may issue subpoenas. If a person	4067
subpoenaed fails to comply with the subpoena, the committee may	4068
authorize its chairperson to apply to the court of common pleas in	4069
the county where the person to be subpoenaed resides for an order	4070
compelling compliance in the same manner as compliance with a	4071
subpoena issued by the court is compelled.	4072

(B) The trauma committee of the state board of emergency	4073
medical, fire, and transportation services is hereby created and	4074
shall consist of the following members appointed by the director	4075
of public safety:	4076

(1) A physician who is certified by the American board of	4077
surgery or American osteopathic board of surgery and actively	4078
practices general trauma surgery, appointed from among three	4079
persons nominated by the Ohio chapter of the American college of	4080
surgeons, three persons nominated by the Ohio state medical	4081
association, and three persons nominated by the Ohio osteopathic	4082
association;	4083

(2) A physician who is certified by the American board of	4084
surgery or the American osteopathic board of surgery and actively	4085
practices orthopedic trauma surgery, appointed from among three	4086
persons nominated by the Ohio orthopedic society and three persons	4087
nominated by the Ohio osteopathic association;	4088

(3) A physician who is certified by the American board of	4089
neurological surgeons or the American osteopathic board of surgery	4090
and actively practices neurosurgery on trauma victims, appointed	4091
from among three persons nominated by the Ohio state neurological	4092
society and three persons nominated by the Ohio osteopathic	4093
association;	4094

(4) A physician who is certified by the American board of	4095
surgeons or American osteopathic board of surgeons and actively	4096
specializes in treating burn victims, appointed from among three	4097
persons nominated by the Ohio chapter of the American college of	4098
surgeons and three persons nominated by the Ohio osteopathic	4099
association;	4100

(5) A dentist who is certified by the American board of oral	4101
and maxillofacial surgery and actively practices oral and	4102
maxillofacial surgery, appointed from among three persons	4103
nominated by the Ohio dental association;	4104

(6) A physician who is certified by the American board of	4105
physical medicine and rehabilitation or American osteopathic board	4106
of rehabilitation medicine and actively provides rehabilitative	4107
care to trauma victims, appointed from among three persons	4108
nominated by the Ohio society of physical medicine and	4109
rehabilitation and three persons nominated by the Ohio osteopathic	4110
association;	4111

(7) A physician who is certified by the American board of	4112
surgery or American osteopathic board of surgery with special	4113
qualifications in pediatric surgery and actively practices	4114
pediatric trauma surgery, appointed from among three persons	4115
nominated by the Ohio chapter of the American academy of	4116
pediatrics and three persons nominated by the Ohio osteopathic	4117
association;	4118

(8) A physician who is certified by the American board of	4119
emergency medicine or American osteopathic board of emergency	4120
medicine, actively practices emergency medicine, and is actively	4121
involved in emergency medical services, appointed from among three	4122
persons nominated by the Ohio chapter of the American college of	4123
emergency physicians and three persons nominated by the Ohio	4124
osteopathic association;	4125

(9) A physician who is certified by the American board of	4126
pediatrics, American osteopathic board of pediatrics, or American	4127
board of emergency medicine, is sub-boarded in pediatric emergency	4128
medicine, actively practices pediatric emergency medicine, and is	4129
actively involved in emergency medical services, appointed from	4130
among three persons nominated by the Ohio chapter of the American	4131
academy of pediatrics, three persons nominated by the Ohio chapter	4132
of the American college of emergency physicians, and three persons	4133
nominated by the Ohio osteopathic association;	4134

(10) A physician who is certified by the American board of	4135
surgery, American osteopathic board of surgery, or American board	4136
of emergency medicine and is the chief medical officer of an air	4137
medical organization, appointed from among three persons nominated	4138
by the Ohio association of air medical services;	4139

(11) A coroner or medical examiner appointed from among three	4140
people nominated by the Ohio state coroners' association;	4141

(12) A registered nurse who actively practices trauma nursing	4142
at an adult or pediatric trauma center, appointed from among three	4143
persons nominated by the Ohio association of trauma nurse	4144
coordinators;	4145

(13) A registered nurse who actively practices emergency	4146
nursing and is actively involved in emergency medical services,	4147
appointed from among three persons nominated by the Ohio chapter	4148
of the emergency nurses' association;	4149

(14) The chief trauma registrar of an adult or pediatric	4150
trauma center, appointed from among three persons nominated by the	4151
alliance of Ohio trauma registrars;	4152

(15) The administrator of an adult or pediatric trauma	4153
center, appointed from among three persons nominated by OHA: the	4154
association for hospitals and health systems, three persons	4155
nominated by the Ohio osteopathic association, three persons	4156
nominated by the association of Ohio children's hospitals, and	4157
three persons nominated by the health forum of Ohio;	4158

(16) The administrator of a hospital that is not a trauma	4159
center and actively provides emergency care to adult or pediatric	4160
trauma patients, appointed from among three persons nominated by	4161
OHA: the association for hospitals and health systems, three	4162
persons nominated by the Ohio osteopathic association, three	4163
persons nominated by the association of Ohio children's hospitals,	4164
and three persons nominated by the health forum of Ohio;	4165

(17) The operator of an ambulance company that actively	4166
provides trauma care to emergency patients, appointed from among	4167
three persons nominated by the Ohio ambulance association;	4168

(18) The chief of a fire department that actively provides	4169
trauma care to emergency patients, appointed from among three	4170
persons nominated by the Ohio fire chiefs' association;	4171

(19) An EMT or paramedic who is certified under this chapter	4172
and actively provides trauma care to emergency patients, appointed	4173
from among three persons nominated by the Ohio association of	4174
professional firefighters, three persons nominated by the northern	4175
Ohio fire fighters, three persons nominated by the Ohio state	4176
firefighters' association, and three persons nominated by the Ohio	4177
association of emergency medical services;	4178

(20) A person who actively advocates for trauma victims,	4179
appointed from three persons nominated by the Ohio brain injury	4180
association and three persons nominated by the governor's council	4181
on people with disabilities;	4182

(21) A physician or nurse who has substantial administrative	4183
responsibility for trauma care provided in or by an adult or	4184
pediatric trauma center, appointed from among three persons	4185
nominated by OHA: the association for hospitals and health	4186
systems, three persons nominated by the Ohio osteopathic	4187
association, three persons nominated by the association of Ohio	4188
children's hospitals, and three persons nominated by the health	4189
forum of Ohio;	4190

(22) Three representatives of hospitals that are not trauma	4191
centers and actively provide emergency care to trauma patients,	4192
appointed from among three persons nominated by OHA: the	4193
association for hospitals and health systems, three persons	4194
nominated by the Ohio osteopathic association, three persons	4195
nominated by the association of Ohio children's hospitals, and	4196
three persons nominated by the health forum of Ohio. The	4197
representatives may be hospital administrators, physicians,	4198
nurses, or other clinical professionals.	4199

Members of the committee shall have substantial experience in	4200
the categories they represent, shall be residents of this state,	4201
and may be members of the state board of emergency medical, fire,	4202
and transportation services. In appointing members of the	4203
committee, the director shall attempt to include members	4204
representing urban and rural areas, various geographical areas of	4205
the state, and various schools of training. The director shall not	4206
appoint to the committee more than one member who is employed by	4207
or practices at the same hospital, health system, or emergency	4208
medical service organization.	4209

The director may refuse to appoint any of the persons	4210
nominated by an organization or organizations under this division.	4211
In that event, the organization or organizations shall continue to	4212
nominate the required number of persons until the director	4213
appoints to the committee one or more of the persons nominated by	4214
the organization or organizations.	4215

Initial appointments to the committee shall be made by the	4216
director not later than ninety days after November 3, 2000.	4217
Members of the committee shall serve at the pleasure of the	4218
director, except that any member of the committee who ceases to be	4219
qualified for the position to which the member was appointed shall	4220
cease to be a member of the committee. Vacancies on the committee	4221
shall be filled in the same manner as original appointments.	4222

The members of the committee shall serve without compensation	4223
but shall be reimbursed for actual and necessary expenses incurred	4224
in carrying out duties as members of the committee.	4225

The committee shall select a chairperson and vice-chairperson	4226
from among its members. A majority of all members of the committee	4227
shall constitute a quorum. No action shall be taken without the	4228
concurrence of a majority of all members of the committee. The	4229
committee shall meet at the call of the chair, upon written	4230
request of five members of the committee, and at the direction of	4231
the state board of emergency medical, fire, and transportation	4232
services. The committee shall not meet at times or locations that	4233
conflict with meetings of the board. The executive director and	4234
medical director of the state board of emergency medical, fire,	4235
and transportation services may participate in any meeting of the	4236
committee and shall do so at the request of the committee.	4237

The committee shall advise and assist the state board of	4238
emergency medical, fire, and transportation services in matters	4239
related to adult and pediatric trauma care and the establishment	4240
and operation of the state trauma registry. In matters relating to	4241
the state trauma registry, the board and the committee shall	4242
consult with trauma registrars from adult and pediatric trauma	4243
centers in the state. The committee may appoint a subcommittee to	4244
advise and assist with the trauma registry. The subcommittee may	4245
include persons with expertise relevant to the trauma registry who	4246
are not members of the board or committee.	4247

(C)(1) The medical transportation committee of the state	4248
board of emergency medical, fire, and transportation services is	4249
hereby created. The committee shall consist of members appointed	4250
by the board in accordance with rules adopted by the board. In	4251
appointing members of the committee, the board shall attempt to	4252
include members representing urban and rural areas and various	4253
geographical areas of the state, and shall ensure the members have	4254
substantial experience in the transportation of patients,	4255
including addressing the unique issues of mobile intensive care	4256
and air medical services. The members of the committee shall be	4257
residents of this state and may be members of the board. The	4258
members of the committee shall serve without compensation but	4259
shall be reimbursed for actual and necessary expenses incurred in	4260
carrying out duties as members of the committee. The committee	4261
shall select a chairperson and vice-chairperson from among its	4262
members. A majority of all members of the committee shall	4263
constitute a quorum. No action shall be taken without the	4264
concurrence of a majority of all members of the committee. The	4265
committee shall meet at the call of the chair and at the direction	4266
of the board. The committee shall not meet at times or locations	4267
that conflict with meetings of the board. The committee shall	4268
advise and assist the board in matters related to the licensing of	4269
nonemergency medical service, emergency medical service, and air	4270
medical service organizations in this state.	4271

(2) There is hereby created the critical care subcommittee of	4272
the medical transportation committee. The membership of the	4273
subcommittee and the conduct of the subcommittee's business shall	4274
conform to rules adopted by the board. The subcommittee shall	4275
advise and assist the committee and board in matters relating to	4276
mobile intensive care and air medical service organizations in	4277
this state.	4278

(D) The state board of emergency medical, fire, and	4279
transportation services may appoint other committees and	4280
subcommittees as it considers necessary.	4281

~~(D)~~(E) The state board of emergency medical, fire, and	4282
transportation services, and any of its committees or	4283
subcommittees, may request assistance from any state agency. The	4284
board and its committees and subcommittees may permit persons who	4285
are not members of those bodies to participate in deliberations of	4286
those bodies, but no person who is not a member of the board shall	4287
vote on the board and no person who is not a member of a committee	4288
created under division (A) or, (B), or (C) of this section shall	4289
vote on that committee.	4290

~~(E)~~(F) Sections 101.82 to 101.87 of the Revised Code do not	4291
apply to the committees established under ~~division~~divisions (A)	4292
or, (B), and (C) of this section.	4293

Sec. 4765.05. (A) As used in this section, "prehospital	4294
emergency medical services" means an emergency medical services	4295
system that provides medical services to patients who require	4296
immediate assistance, because of illness or injury, prior to their	4297
arrival at an emergency medical facility.	4298

(B) The state board of emergency medical, fire, and	4299
transportation services shall divide the state geographically into	4300
prehospital emergency medical services regions for purposes of	4301
overseeing the delivery of adult and pediatric prehospital	4302
emergency medical services. For each prehospital emergency medical	4303
services region, the state board of emergency medical, fire, and	4304
transportation services shall appoint either a physician to serve	4305
as the regional director or a physician advisory board to serve as	4306
the regional advisory board. The state board of emergency medical,	4307
fire, and transportation services shall specify the duties of each	4308
regional director and regional advisory board. Regional directors	4309
and members of regional advisory boards shall serve without	4310
compensation, but shall be reimbursed for actual and necessary	4311
expenses incurred in carrying out duties as regional directors and	4312
members of regional advisory boards.	4313

(C) Nothing in this section shall be construed to limit in	4314
any way the ability of a hospital to determine the market area of	4315
that hospital.	4316

Sec. 4765.06. (A) The state board of emergency medical,	4317
fire, and transportation services shall establish an emergency	4318
medical services incidence reporting system for the collection of	4319
information regarding the delivery of emergency medical services	4320
in this state and the frequency at which the services are	4321
provided. All emergency medical service organizations shall submit	4322
to the board any information that the board determines is	4323
necessary for maintaining the incidence reporting system.	4324

(B) The board shall establish a state trauma registry to be	4325
used for the collection of information regarding the care of adult	4326
and pediatric trauma victims in this state. The registry shall	4327
provide for the reporting of adult and pediatric trauma-related	4328
deaths, identification of adult and pediatric trauma patients,	4329
monitoring of adult and pediatric trauma patient care data,	4330
determination of the total amount of uncompensated adult and	4331
pediatric trauma care provided annually by each facility that	4332
provides care to trauma victims, and collection of any other	4333
information specified by the board. All persons designated by the	4334
board shall submit to the board any information it determines is	4335
necessary for maintaining the state trauma registry. At the	4336
request of the board any state agency possessing information	4337
regarding adult or pediatric trauma care shall provide the	4338
information to the board. The board shall maintain the state	4339
trauma registry in accordance with rules adopted under section	4340
4765.11 of the Revised Code.	4341

Rules relating to the state trauma registry adopted under	4342
this section and section 4765.11 of the Revised Code shall not	4343
prohibit the operation of other trauma registries and may provide	4344
for the reporting of information to the state trauma registry by	4345
or through other trauma registries in a manner consistent with	4346
information otherwise reported to the state trauma registry. Other	4347
trauma registries may report aggregate information to the state	4348
trauma registry, provided the information can be matched to the	4349
person that reported it. Information maintained by another trauma	4350
registry and reported to the state trauma registry in lieu of	4351
being reported directly to the state trauma registry is a public	4352
record and shall be maintained, made available to the public, held	4353
in confidence, risk adjusted, and not subject to discovery or	4354
introduction into evidence in a civil action as provided in	4355
section 149.43 of the Revised Code and this section. Any person	4356
who provides, maintains, or risk adjusts such information shall	4357
comply with this section and rules adopted under it in performing	4358
that function and has the same immunities with respect to that	4359
function as a person who performs that function with respect to	4360
the state trauma registry.	4361

(C) The board and any employee or contractor of the board or	4362
the department of public safety shall not make public information	4363
it receives under Chapter 4765. of the Revised Code that	4364
identifies or would tend to identify a specific recipient of	4365
emergency medical services or adult or pediatric trauma care.	4366

(D) Not later than two years after November 3, 2000, the	4367
board shall adopt and implement rules under section 4765.11 of the	4368
Revised Code that provide written standards and procedures for	4369
risk adjustment of information received by the board under Chapter	4370
4765. of the Revised Code. The rules shall be developed in	4371
consultation with appropriate medical, hospital, and emergency	4372
medical service organizations and may provide for risk adjustment	4373
by a contractor of the board. Except as provided in division (G)	4374
of this section, before risk adjustment standards and procedures	4375
are implemented, no member of the board and no employee or	4376
contractor of the board or the department of public safety shall	4377
make public information received by the board under Chapter 4765.	4378
of the Revised Code that identifies or would tend to identify a	4379
specific provider of emergency medical services or adult or	4380
pediatric trauma care. Except as provided in division (G) of this	4381
section, after risk adjustment standards and procedures are	4382
implemented, the board shall make public such information only on	4383
a risk adjusted basis.	4384

(E) The board shall adopt rules under section 4765.11 of the	4385
Revised Code that specify procedures for ensuring the	4386
confidentiality of information that is not to be made public under	4387
this section. The rules shall specify the circumstances in which	4388
deliberations of the persons performing risk adjustment functions	4389
under this section are not open to the public and records of those	4390
deliberations are maintained in confidence. Nothing in this	4391
section prohibits the board from making public statistical	4392
information that does not identify or tend to identify a specific	4393
recipient or provider of emergency medical services or adult or	4394
pediatric trauma care.	4395

(F) No provider that furnishes information to the board with	4396
respect to any patient the provider examined or treated shall,	4397
because of this furnishing, be deemed liable in damages to any	4398
person or be held to answer for betrayal of a professional	4399
confidence in the absence of willful or wanton misconduct. No such	4400
information shall be subject to introduction in evidence in any	4401
civil action against the provider. No provider that furnishes	4402
information to the board shall be liable for the misuse or	4403
improper release of the information by the board or any other	4404
person.	4405

No person who performs risk adjustment functions under this	4406
section shall, because of performing such functions, be held	4407
liable in a civil action for betrayal of professional confidence	4408
or otherwise in the absence of willful or wanton misconduct.	4409

(G) The board may transmit data that identifies or tends to	4410
identify a specific provider of emergency medical services care	4411
and has not been risk-adjusted from the emergency medical services	4412
incident reporting system directly to the national emergency	4413
medical services information system, pursuant to a written	4414
contract between the board and the federal agency that administers	4415
the national emergency medical services information system, which	4416
shall ensure to the maximum extent permitted by federal law that	4417
such agency shall use such data solely for inclusion in the	4418
national emergency medical services information system and shall	4419
not disclose such data to the public, through legal discovery, a	4420
freedom of information request, or otherwise, in a manner that	4421
identifies or tends to identify a specific provider of emergency	4422
medical services care.	4423

Sec. 4765.07. (A) The state board of emergency medical,	4424
fire, and transportation services shall adopt rules under section	4425
4765.11 of the Revised Code to establish and administer a grant	4426
program under which grants are distributed according to the	4427
following priorities:	4428

(1) First priority shall be given to emergency medical	4429
service organizations for the training of personnel, for the	4430
purchase of equipment and vehicles, and to improve the	4431
availability, accessibility, and quality of emergency medical	4432
services in this state. In this category, the board shall give	4433
priority to grants that fund training and equipping of emergency	4434
medical service personnel.	4435

(2) Second priority shall be given to entities that research,	4436
test, and evaluate medical procedures and systems related to adult	4437
and pediatric trauma care.	4438

(3) Third priority shall be given to entities that research	4439
the causes, nature, and effects of traumatic injuries, educate the	4440
public about injury prevention, and implement, test, and evaluate	4441
injury prevention strategies.	4442

(4) Fourth priority shall be given to entities that research,	4443
test, and evaluate procedures that promote the rehabilitation,	4444
retraining, and reemployment of adult or pediatric trauma victims	4445
and social service support mechanisms for adult or pediatric	4446
trauma victims and their families.	4447

(5) Fifth priority shall be given to entities that conduct	4448
research on, test, or evaluate one or more of the following:	4449

(a) Procedures governing the performance of emergency medical	4450
services in this state;	4451

(b) The training of emergency medical service personnel;

4452

4453

(6) For grants distributed for the grant award years	4454
occurring not later than the award year ending June 30, 2017,	4455
sixth priority shall be given to entities that operate paramedic	4456
training programs and are seeking national accreditation of the	4457
programs.	4458

(B) To be eligible for a grant distributed pursuant to	4459
division (A)(6) of this section, an applicant for the grant shall	4460
meet all of the following conditions:	4461

(1) Hold a certificate of accreditation issued by the board	4462
under section 4765.17 of the Revised Code to operate a paramedic	4463
training program;	4464

(2) Be seeking initial national accreditation of the program	4465
from an accrediting organization approved by the board;	4466

(3) Apply for the national accreditation on or after February	4467
25, 2010.	4468

(C) The grant program shall be funded from the trauma and	4469
emergency medical services fund created by section 4513.263 of the	4470
Revised Code.	4471

Sec. 4765.08. The state board of emergency medical, fire,	4472
and transportation services shall prepare a statewide emergency	4473
medical services plan and shall revise the plan as necessary.	4474

The board shall prepare a plan for the statewide regulation	4475
of emergency medical services during periods of disaster. The plan	4476
shall be consistent with the statewide emergency medical services	4477
plan required under this section and with the statewide emergency	4478
operations plan required under section 5502.22 of the Revised	4479
Code. The board shall submit the plan to the emergency management	4480
agency created under section 5502.22 of the Revised Code. The	4481
board shall cooperate with the agency in any other manner the	4482
agency considers necessary to develop and implement the statewide	4483
emergency operations plan.	4484

Sec. 4765.09. The state board of emergency medical, fire,	4485
and transportation services shall prepare recommendations for the	4486
operation of ambulance service organizations, air medical	4487
organizations, and emergency medical service organizations. Within	4488
thirty days following the preparation or modification of	4489
recommendations, the board shall notify the board of county	4490
commissioners of any county, the board of township trustees of any	4491
township, the board of trustees of any joint ambulance district,	4492
or the board of trustees of any joint emergency medical services	4493
district in which there exist ambulance service organizations, air	4494
medical organizations, or emergency medical service organizations	4495
of any board recommendations for the operation of such	4496
organizations. The recommendations shall include, but not be	4497
limited to:	4498

(A) The definition and classification of ambulances and	4499
medical aircraft;	4500

(B) The design, equipment, and supplies for ambulances and	4501
medical aircraft, including special equipment, supplies, training,	4502
and staffing required to assist pediatric and geriatric emergency	4503
victims;	4504

(C) The minimum number and type of personnel for the	4505
operation of ambulances and medical aircraft;	4506

(D) The communication systems necessary for the operation of	4507
ambulances and medical aircraft;	4508

(E) Reports to be made by persons holding certificates of	4509
accreditation or approval issued under section 4765.17 of the	4510
Revised Code and certificates to practice issued under section	4511
4765.30 of the Revised Code to ascertain compliance with this	4512
chapter and the rules and recommendations adopted thereunder and	4513
to ascertain the quantity and quality of ambulance service	4514
organizations, air medical organizations, and emergency medical	4515
service organizations throughout the state.	4516

Sec. 4765.10. (A) The state board of emergency medical,	4517
fire, and transportation services shall do all of the following:	4518

(1) Administer and enforce the provisions of this chapter and	4519
the rules adopted under it;	4520

(2) Approve, in accordance with procedures established in	4521
rules adopted under section 4765.11 of the Revised Code,	4522
examinations that demonstrate competence to have a certificate to	4523
practice renewed without completing a continuing education	4524
program;	4525

(3) Advise applicants for state or federal emergency medical	4526
services funds, review and comment on applications for these	4527
funds, and approve the use of all state and federal funds	4528
designated solely for emergency medical service programs unless	4529
federal law requires another state agency to approve the use of	4530
all such federal funds;	4531

(4) Serve as a statewide clearinghouse for discussion,	4532
inquiry, and complaints concerning emergency medical services;	4533

(5) Make recommendations to the general assembly on	4534
legislation to improve the delivery of emergency medical services;	4535

(6) Maintain a toll-free long distance telephone number	4536
through which it shall respond to questions about emergency	4537
medical services;	4538

(7) Work with appropriate state offices in coordinating the	4539
training of firefighters and emergency medical service personnel.	4540
Other state offices that are involved in the training of	4541
firefighters or emergency medical service personnel shall	4542
cooperate with the board and its committees and subcommittees to	4543
achieve this goal.	4544

(8) Provide a liaison to the state emergency operation center	4545
during those periods when a disaster, as defined in section	4546
5502.21 of the Revised Code, has occurred in this state and the	4547
governor has declared an emergency as defined in that section.	4548

(B) The board may do any of the following:

4549

(1) Investigate complaints concerning emergency medical	4550
services and emergency medical service organizations as it	4551
determines necessary;	4552

(2) Enter into reciprocal agreements with other states that	4553
have standards for accreditation of emergency medical services	4554
training programs and for certification of first responders,	4555
EMTs-basic, EMTs-I, paramedics, firefighters, or fire safety	4556
inspectors that are substantially similar to those established	4557
under this chapter and the rules adopted under it;	4558

(3) Establish a statewide public information system and	4559
public education programs regarding emergency medical services;	4560

(4) Establish an injury prevention program.

4561

(C) The state board of emergency medical, fire, and	4562
transportation services shall not regulate any profession that	4563
otherwise is regulated by another board, commission, or similar	4564
regulatory entity.	4565

Sec. 4765.101. (A) The state board of emergency medical,	4566
fire, and transportation services shall investigate any allegation	4567
that a person has violated this chapter or a rule adopted under	4568
it.	4569

Any person may submit to the board a written complaint	4570
regarding an alleged violation of this chapter or a rule adopted	4571
under it. In the absence of fraud or bad faith, no person	4572
submitting a complaint to the board or testifying in an	4573
adjudication hearing conducted in accordance with Chapter 119. of	4574
the Revised Code with regard to such an alleged violation shall be	4575
liable to any person in damages in a civil action as a result of	4576
submitting the complaint or providing testimony.	4577

(B) In investigating an allegation, the board may do any of	4578
the following:	4579

(1) Administer oaths;

4580

(2) Order the taking of depositions;

4581

(3) Issue subpoenas;

4582

(4) Compel the attendance of witnesses and production of	4583
books, accounts, papers, records, documents, and testimony.	4584

(C) A subpoena for patient record information shall not be	4585
issued without consultation with the attorney general's office and	4586
approval of the executive director of the board. Before issuance	4587
of a subpoena for patient record information, the executive	4588
director shall determine whether there is probable cause to	4589
believe that the complaint filed alleges a violation of this	4590
chapter or any rule adopted under it and that the records sought	4591
are relevant to the alleged violation and material to the	4592
investigation. The subpoena may apply only to records that cover a	4593
reasonable period of time surrounding the alleged violation.	4594

(D) On failure to comply with any subpoena issued by the	4595
board and after reasonable notice to the person being subpoenaed,	4596
the board may move, pursuant to the Rules of Civil Procedure, for	4597
an order compelling the production of persons or records.	4598

(E) A subpoena issued by the board may be served by a	4599
sheriff, the sheriff's deputy, or an investigator for the division	4600
of emergency medical services of the department of public safety.	4601
Service of a subpoena issued by the board may be made by	4602
delivering a copy of the subpoena to the person named in it,	4603
reading it to the person, or leaving it at the person's usual	4604
place of residence. When the person being served is an individual	4605
authorized by this chapter to practice emergency medical services,	4606
service of the subpoena may be made by certified mail, restricted	4607
delivery, return receipt requested, and the subpoena shall be	4608
deemed served on the date delivery is made or on the date that the	4609
person refuses to accept delivery.	4610

Sec. 4765.102. (A) As used in this section, "licensing	4611
agency" means any entity that has the authority pursuant to Title	4612
XLVII of the Revised Code to issue a license, and any other agency	4613
of this or another state, other than the Ohio supreme court, that	4614
has the authority to issue a license that authorizes an individual	4615
to engage in an occupation or profession. "Licensing agency"	4616
includes an administrative officer that has authority to issue a	4617
license that authorizes an individual to engage in an occupation	4618
or profession.	4619

(B) Except as provided in divisions (C) and (D) of this	4620
section and section 4765.111 of the Revised Code, all information	4621
the state board of emergency medical, fire, and transportation	4622
services receives pursuant to an investigation, including	4623
information regarding an alleged violation of this chapter or	4624
rules adopted under it or a complaint submitted under division (A)	4625
of section 4765.101 of the Revised Code, is confidential, and is	4626
not subject to discovery in any civil action, during the course of	4627
the investigation and any adjudication proceedings that result	4628
from the investigation. Upon completion of the investigation and	4629
any resulting adjudication proceedings, the information is a	4630
matter of public record for purposes of section 149.43 of the	4631
Revised Code.	4632

(C) The board may release information otherwise made	4633
confidential by division (B) of this section to law enforcement	4634
officers or licensing agencies of this or another state that are	4635
prosecuting, adjudicating, or investigating the holder of a	4636
certificate issued under this chapter or a person who allegedly	4637
engaged in the unauthorized provision of emergency medical	4638
services.	4639

A law enforcement officer or licensing agency with	4640
information disclosed by the board under this division shall not	4641
divulge the information other than for the purpose of an	4642
adjudication by a court or licensing agency to which the subject	4643
of the adjudication is a party.	4644

(D) If an investigation conducted under section 4765.101 of	4645
the Revised Code requires a review of patient records, the	4646
investigation and proceedings related to it shall be conducted in	4647
such a manner as to protect patient confidentiality. The board	4648
shall not make public the name or any other identifying	4649
information about a patient unless proper consent is given in	4650
accordance with rules adopted by the board. If the patient is less	4651
than eighteen years of age, the board shall obtain consent from	4652
the patient's parent, guardian, or custodian.	4653

Sec. 4765.11. (A) The state board of emergency medical,	4654
fire, and transportation services shall adopt, and may amend and	4655
rescind, rules in accordance with Chapter 119. of the Revised Code	4656
and division (C) of this section that establish all of the	4657
following:	4658

(1) Procedures for its governance and the control of its	4659
actions and business affairs;	4660

(2) Standards for the performance of emergency medical	4661
services by first responders, emergency medical technicians-basic,	4662
emergency medical technicians-intermediate, and emergency medical	4663
technicians-paramedic;	4664

(3) Application fees for certificates of accreditation,	4665
certificates of approval, certificates to teach, and certificates	4666
to practice, which shall be deposited into the trauma and	4667
emergency medical services fund created in section 4513.263 of the	4668
Revised Code;	4669

(4) Criteria for determining when the application or renewal	4670
fee for a certificate to practice may be waived because an	4671
applicant cannot afford to pay the fee;	4672

(5) Procedures for issuance and renewal of certificates of	4673
accreditation, certificates of approval, certificates to teach,	4674
and certificates to practice, including any procedures necessary	4675
to ensure that adequate notice of renewal is provided in	4676
accordance with division (D) of section 4765.30 of the Revised	4677
Code;	4678

(6) Procedures for suspending or revoking certificates of	4679
accreditation, certificates of approval, certificates to teach,	4680
and certificates to practice;	4681

(7) Grounds for suspension or revocation of a certificate to	4682
practice issued under section 4765.30 of the Revised Code and for	4683
taking any other disciplinary action against a first responder,	4684
EMT-basic, EMT-I, or paramedic;	4685

(8) Procedures for taking disciplinary action against a first	4686
responder, EMT-basic, EMT-I, or paramedic;	4687

(9) Standards for certificates of accreditation and	4688
certificates of approval;	4689

(10) Qualifications for certificates to teach;

4690

(11) Requirements for a certificate to practice;

4691

(12) The curricula, number of hours of instruction and	4692
training, and instructional materials to be used in adult and	4693
pediatric emergency medical services training programs and adult	4694
and pediatric emergency medical services continuing education	4695
programs;	4696

(13) Procedures for conducting courses in recognizing	4697
symptoms of life-threatening allergic reactions and in calculating	4698
proper dosage levels and administering injections of epinephrine	4699
to adult and pediatric patients who suffer life-threatening	4700
allergic reactions;	4701

(14) Examinations for certificates to practice;

4702

(15) Procedures for administering examinations for	4703
certificates to practice;	4704

(16) Procedures for approving examinations that demonstrate	4705
competence to have a certificate to practice renewed without	4706
completing an emergency medical services continuing education	4707
program;	4708

(17) Procedures for granting extensions and exemptions of	4709
emergency medical services continuing education requirements;	4710

(18) Procedures for approving the additional emergency	4711
medical services first responders are authorized by division (C)	4712
of section 4765.35 of the Revised Code to perform, EMTs-basic are	4713
authorized by division (C) of section 4765.37 of the Revised Code	4714
to perform, EMTs-I are authorized by division (B)(5) of section	4715
4765.38 of the Revised Code to perform, and paramedics are	4716
authorized by division (B)(6) of section 4765.39 of the Revised	4717
Code to perform;	4718

(19) Standards and procedures for implementing the	4719
requirements of section 4765.06 of the Revised Code, including	4720
designations of the persons who are required to report information	4721
to the board and the types of information to be reported;	4722

(20) Procedures for administering the emergency medical	4723
services grant program established under section 4765.07 of the	4724
Revised Code;	4725

(21) Procedures consistent with Chapter 119. of the Revised	4726
Code for appealing decisions of the board;	4727

(22) Minimum qualifications and peer review and quality	4728
improvement requirements for persons who provide medical direction	4729
to emergency medical service personnel;	4730

(23) The manner in which a patient, or a patient's parent,	4731
guardian, or custodian may consent to the board releasing	4732
identifying information about the patient under division (D) of	4733
section 4765.102 of the Revised Code;	4734

(24) Circumstances under which a training program or	4735
continuing education program, or portion of either type of	4736
program, may be taught by a person who does not hold a certificate	4737
to teach issued under section 4765.23 of the Revised Code;	4738

(25) Certification cycles for certificates issued under	4739
sections 4765.23 and 4765.30 of the Revised Code and certificates	4740
issued by the executive director of the state board of emergency	4741
medical, fire, and transportation services under section 4765.55	4742
of the Revised Code that establish a common expiration date for	4743
all certificates.	4744

(B) The board may adopt, and may amend and rescind, rules in	4745
accordance with Chapter 119. of the Revised Code and division (C)	4746
of this section that establish the following:	4747

(1) Specifications of information that may be collected under	4748
the trauma system registry and incidence reporting system created	4749
under section 4765.06 of the Revised Code;	4750

(2) Standards and procedures for implementing any of the	4751
recommendations made by any committees of the board or under	4752
section 4765.04 of the Revised Code;	4753

(3) Requirements that a person must meet to receive a	4754
certificate to practice as a first responder pursuant to division	4755
(A)(2) of section 4765.30 of the Revised Code;	4756

(4) Any other rules necessary to implement this chapter.

4757

(C) In developing and administering rules adopted under this	4758
chapter, the state board of emergency medical, fire, and	4759
transportation services shall consult with regional directors and	4760
regional physician advisory boards created by section 4765.05 of	4761
the Revised Code and emphasize the special needs of pediatric and	4762
geriatric patients.	4763

(D) Except as otherwise provided in this division, before	4764
adopting, amending, or rescinding any rule under this chapter, the	4765
board shall submit the proposed rule to the director of public	4766
safety for review. The director may review the proposed rule for	4767
not more than sixty days after the date it is submitted. If,	4768
within this sixty-day period, the director approves the proposed	4769
rule or does not notify the board that the rule is disapproved,	4770
the board may adopt, amend, or rescind the rule as proposed. If,	4771
within this sixty-day period, the director notifies the board that	4772
the proposed rule is disapproved, the board shall not adopt,	4773
amend, or rescind the rule as proposed unless at least twelve	4774
members of the board vote to adopt, amend, or rescind it.	4775

This division does not apply to an emergency rule adopted in	4776
accordance with section 119.03 of the Revised Code.	4777

Sec. 4765.111. Except as provided in this section or sections	4778
4765.112 to 4765.116 of the Revised Code, the state board of	4779
emergency medical, fire, and transportation services shall conduct	4780
disciplinary proceedings regarding the holder of a certificate	4781
issued under this chapter in accordance with rules adopted by the	4782
board under section 4765.11 of the Revised Code.	4783

The board and a holder of a certificate are the parties to a	4784
hearing conducted under this chapter. Either party may submit a	4785
written request to the other party for a list of witnesses and	4786
copies of documents intended to be introduced at the hearing. The	4787
request shall be in writing and shall be served not less than	4788
thirty-seven days prior to the commencement of the hearing, unless	4789
the hearing officer or presiding board member grants an extension	4790
of time to make the request. Not later than thirty days before the	4791
hearing, the responding party shall provide the requested list of	4792
witnesses and copies of documents to the requesting party, unless	4793
the hearing officer or presiding board member grants an extension	4794
of time to provide the list and copies.	4795

Failure to timely provide a list or copies requested in	4796
accordance with this section shall result in exclusion from the	4797
hearing of the witnesses, testimony, or documents.	4798

Sec. 4765.112. (A) The state board of emergency medical,	4799
fire, and transportation services, by an affirmative vote of the	4800
majority of its members, may suspend without a prior hearing a	4801
certificate to practice issued under this chapter if the board	4802
determines that there is clear and convincing evidence that	4803
continued practice by the certificate holder presents a danger of	4804
immediate and serious harm to the public and that the certificate	4805
holder has done any of the following:	4806

(1) Furnished false, fraudulent, or misleading information to	4807
the board;	4808

(2) Engaged in activities that exceed those permitted by the	4809
individual's certificate;	4810

(3) In a court of this or any other state or federal court	4811
been convicted of, pleaded guilty to, or been the subject of a	4812
judicial finding of guilt of, a judicial finding of guilt	4813
resulting from a plea of no contest to, or a judicial finding of	4814
eligibility for intervention in lieu of conviction for, a felony	4815
or for a misdemeanor committed in the course of practice or	4816
involving gross immorality or moral turpitude.	4817

(B) Immediately following the decision to impose a summary	4818
suspension, the board, in accordance with section 119.07 of the	4819
Revised Code, shall issue a written order of suspension, cause it	4820
to be delivered to the certificate holder, and notify the	4821
certificate holder of the opportunity for a hearing. If timely	4822
requested by the certificate holder, a hearing shall be conducted	4823
in accordance with section 4765.115 of the Revised Code.	4824

Sec. 4765.113. If the state board of emergency medical,	4825
fire, and transportation services imposes a suspension on the	4826
basis of a conviction, judicial finding, or plea as described in	4827
division (A)(3) of section 4765.112 of the Revised Code that is	4828
overturned on appeal, the certificate holder, on exhaustion of the	4829
criminal appeal process, may file with the board a petition for	4830
reconsideration of the suspension along with appropriate court	4831
documents. On receipt of the petition and documents, the board	4832
shall reinstate the certificate holder's certificate to practice.	4833

Sec. 4765.114. (A) A certificate to practice emergency	4834
medical services issued under this chapter is automatically	4835
suspended on the certificate holder's conviction of, plea of	4836
guilty to, or judicial finding of guilt of any of the following:	4837
aggravated murder, murder, voluntary manslaughter, felonious	4838
assault, kidnapping, rape, sexual battery, gross sexual	4839
imposition, aggravated arson, aggravated burglary, aggravated	4840
robbery, or a substantially equivalent offense committed in this	4841
or another jurisdiction. Continued practice after the suspension	4842
is practicing without a certificate.	4843

(B) If the state board of emergency medical, fire, and	4844
transportation services has knowledge that an automatic suspension	4845
has occurred, it shall notify, in accordance with section 119.07	4846
of the Revised Code, the certificate holder of the suspension and	4847
of the opportunity for a hearing. If timely requested by the	4848
certificate holder, a hearing shall be conducted in accordance	4849
with section 4765.115 of the Revised Code.	4850

Sec. 4765.115. (A) A suspension order issued under section	4851
4765.112 or automatic suspension under section 4765.114 of the	4852
Revised Code is not subject to suspension by a court prior to a	4853
hearing under this section or during the pendency of any appeal	4854
filed under section 119.12 of the Revised Code.	4855

(B) A suspension order issued under section 4765.112 or	4856
automatic suspension under section 4765.114 of the Revised Code	4857
remains in effect, unless reversed by the state board of emergency	4858
medical, fire, and transportation services, until a final	4859
adjudication order issued by the board pursuant to this section	4860
becomes effective.	4861

(C) Hearings requested pursuant to section 4765.112 or	4862
4765.114 of the Revised Code shall be conducted under this section	4863
in accordance with Chapter 119. of the Revised Code.	4864

(D) A hearing under this section shall be held not later than	4865
forty-five days but not earlier than forty days after the	4866
certificate holder requests it, unless another date is agreed to	4867
by the certificate holder and the board.	4868

(E) After completion of an adjudication hearing, the board	4869
may adopt, by an affirmative vote of the majority of its members,	4870
a final adjudication order that imposes any of the following	4871
sanctions:	4872

(1) Suspension of the holder's certificate to practice;

4873

(2) Revocation of the holder's certificate to practice;

4874

(3) Issuance of a written reprimand;

4875

(4) A refusal to renew or a limitation on the holder's	4876
certificate to practice.	4877

The board shall issue its final adjudication order not later	4878
than forty-five days after completion of an adjudication hearing.	4879
If the board does not issue a final order within that time period,	4880
the suspension order is void, but any final adjudication order	4881
subsequently issued is not affected.	4882

(F) Any action taken by the board under this section	4883
resulting in a suspension from practice shall be accompanied by a	4884
written statement of the conditions under which the certificate to	4885
practice may be reinstated. Reinstatement of a certificate	4886
suspended under this section requires an affirmative vote by the	4887
majority of the members of the board.	4888

(G) When the board revokes or refuses to reinstate a	4889
certificate to practice, the board may specify that its action is	4890
permanent. An individual subject to permanent action taken by the	4891
board is forever ineligible to hold a certificate of the type	4892
revoked or refused, and the board shall not accept from the	4893
individual an application for reinstatement of the certificate or	4894
for a new certificate.	4895

Sec. 4765.116. If a certificate holder subject to a	4896
suspension order issued by the state board of emergency medical,	4897
fire, and transportation services under section 4765.112 or an	4898
automatic suspension order under section 4765.114 of the Revised	4899
Code fails to make a timely request for a hearing, the following	4900
apply:	4901

(A) In the case of a certificate holder subject to a summary	4902
suspension order, the board is not required to hold a hearing, but	4903
may adopt, by an affirmative vote of a majority of its members, a	4904
final order that contains the board's findings. In the final	4905
order, the board may order any of the sanctions listed in division	4906
(E) of section 4765.115 of the Revised Code.	4907

(B) In the case of a certificate holder subject to an	4908
automatic suspension order, the board may adopt, by an affirmative	4909
vote of a majority of its members, a final order that permanently	4910
revokes the holder's certificate to practice.	4911

Sec. 4765.12. (A) Not later than two years after ~~the~~	4912
~~effective date of this section~~November 3, 2000, the state board	4913
of emergency medical, fire, and transportation services shall	4914
develop and distribute guidelines for the care of trauma victims	4915
by emergency medical service personnel and for the conduct of peer	4916
review and quality assurance programs by emergency medical service	4917
organizations. The guidelines shall be consistent with the state	4918
trauma triage protocols adopted in rules under sections 4765.11	4919
and 4765.40 of the Revised Code and shall place emphasis on the	4920
special needs of pediatric and geriatric trauma victims. In	4921
developing the guidelines, the board shall consult with entities	4922
with interests in trauma and emergency medical services and shall	4923
consider any relevant guidelines adopted by national	4924
organizations, including the American college of surgeons,	4925
American college of emergency physicians, and American academy of	4926
pediatrics. The board shall distribute the guidelines, and	4927
amendments to the guidelines, to each emergency medical service	4928
organization, regional director, regional physician advisory	4929
board, certified emergency medical service instructor, and person	4930
who regularly provides medical direction to emergency medical	4931
service personnel in this state.	4932

(B) Not later than three years after ~~the effective date of~~	4933
~~this section~~November 3, 2000, each emergency medical service	4934
organization in this state shall implement ongoing peer review and	4935
quality assurance programs designed to improve the availability	4936
and quality of the emergency medical services it provides. The	4937
form and content of the programs shall be determined by each	4938
emergency medical service organization. In implementing the	4939
programs, each emergency medical service organization shall	4940
consider how to improve its ability to provide effective trauma	4941
care, particularly for pediatric and geriatric trauma victims, and	4942
shall take into account the trauma care guidelines developed by	4943
the state board of emergency medical, fire, and transportation	4944
services under this section.	4945

Information generated solely for use in a peer review or	4946
quality assurance program conducted on behalf of an emergency	4947
medical service organization is not a public record under section	4948
149.43 of the Revised Code. Such information, and any discussion	4949
conducted in the course of a peer review or quality assurance	4950
program conducted on behalf of an emergency medical service	4951
organization, is not subject to discovery in a civil action and	4952
shall not be introduced into evidence in a civil action against	4953
the emergency medical service organization on whose behalf the	4954
information was generated or the discussion occurred.	4955

No emergency medical service organization on whose behalf a	4956
peer review or quality assurance program is conducted, and no	4957
person who conducts such a program, because of performing such	4958
functions, shall be liable in a civil action for betrayal of	4959
professional confidence or otherwise in the absence of willful or	4960
wanton misconduct.	4961

Sec. 4765.15. A person seeking to operate an emergency	4962
medical services training program shall submit a completed	4963
application for accreditation to the state board of emergency	4964
medical, fire, and transportation services on a form the board	4965
shall prescribe and furnish. The application shall be accompanied	4966
by the appropriate application fee established in rules adopted	4967
under section 4765.11 of the Revised Code.	4968

A person seeking to operate an emergency medical services	4969
continuing education program shall submit a completed application	4970
for approval to the board on a form the board shall prescribe and	4971
furnish. The application shall be accompanied by the appropriate	4972
application fee established in rules adopted under section 4765.11	4973
of the Revised Code.	4974

The board shall administer the accreditation and approval	4975
processes pursuant to rules adopted under section 4765.11 of the	4976
Revised Code. In administering these processes, the board may	4977
authorize other persons to evaluate applications for accreditation	4978
or approval and may accept the recommendations made by those	4979
persons.	4980

The board may cause an investigation to be made into the	4981
accuracy of the information submitted in any application for	4982
accreditation or approval. If an investigation indicates that	4983
false, misleading, or incomplete information has been submitted to	4984
the board in connection with any application for accreditation or	4985
approval, the board shall conduct a hearing on the matter in	4986
accordance with Chapter 119. of the Revised Code.	4987

Sec. 4765.16. (A) All courses offered through an emergency	4988
medical services training program or an emergency medical services	4989
continuing education program, other than ambulance driving, shall	4990
be developed under the direction of a physician who specializes in	4991
emergency medicine. Each course that deals with trauma care shall	4992
be developed in consultation with a physician who specializes in	4993
trauma surgery. Except as specified by the state board of	4994
emergency medical, fire, and transportation services pursuant to	4995
rules adopted under section 4765.11 of the Revised Code, each	4996
course offered through a training program or continuing education	4997
program shall be taught by a person who holds the appropriate	4998
certificate to teach issued under section 4765.23 of the Revised	4999
Code.	5000

(B) A training program for first responders shall meet the	5001
standards established in rules adopted by the board under section	5002
4765.11 of the Revised Code. The program shall include courses in	5003
both of the following areas for at least the number of hours	5004
established by the board's rules:	5005

(1) Emergency victim care;

5006

(2) Reading and interpreting a trauma victim's vital signs.

5007

(C) A training program for emergency medical	5008
technicians-basic shall meet the standards established in rules	5009
adopted by the board under section 4765.11 of the Revised Code.	5010
The program shall include courses in each of the following areas	5011
for at least the number of hours established by the board's rules:	5012

(1) Emergency victim care;

5013

(2) Reading and interpreting a trauma victim's vital signs;

5014

(3) Triage protocols for adult and pediatric trauma victims;

5015

(4) In-hospital training;

5016

(5) Clinical training;

5017

(6) Training as an ambulance driver.

5018

Each operator of a training program for emergency medical	5019
technicians-basic shall allow any pupil in the twelfth grade in a	5020
secondary school who is at least seventeen years old and who	5021
otherwise meets the requirements for admission into such a	5022
training program to be admitted to and complete the program and,	5023
as part of the training, to ride in an ambulance with emergency	5024
medical technicians-basic, emergency medical	5025
technicians-intermediate, and emergency medical	5026
technicians-paramedic. Each emergency medical service organization	5027
shall allow pupils participating in training programs to ride in	5028
an ambulance with emergency medical technicians-basic, advanced	5029
emergency medical technicians-intermediate, and emergency medical	5030
technicians-paramedic.	5031

(D) A training program for emergency medical	5032
technicians-intermediate shall meet the standards established in	5033
rules adopted by the board under section 4765.11 of the Revised	5034
Code. The program shall include, or require as a prerequisite, the	5035
training specified in division (C) of this section and courses in	5036
each of the following areas for at least the number of hours	5037
established by the board's rules:	5038

(1) Recognizing symptoms of life-threatening allergic	5039
reactions and in calculating proper dosage levels and	5040
administering injections of epinephrine to persons who suffer	5041
life-threatening allergic reactions, conducted in accordance with	5042
rules adopted by the board under section 4765.11 of the Revised	5043
Code;	5044

(2) Venous access procedures;

5045

(3) Cardiac monitoring and electrical interventions to	5046
support or correct the cardiac function.	5047

(E) A training program for emergency medical	5048
technicians-paramedic shall meet the standards established in	5049
rules adopted by the board under section 4765.11 of the Revised	5050
Code. The program shall include, or require as a prerequisite, the	5051
training specified in divisions (C) and (D) of this section and	5052
courses in each of the following areas for at least the number of	5053
hours established by the board's rules:	5054

(1) Medical terminology;

5055

(2) Venous access procedures;

5056

(3) Airway procedures;

5057

(4) Patient assessment and triage;

5058

(5) Acute cardiac care, including administration of	5059
parenteral injections, electrical interventions, and other	5060
emergency medical services;	5061

(6) Emergency and trauma victim care beyond that required	5062
under division (C) of this section;	5063

(7) Clinical training beyond that required under division (C)	5064
of this section.	5065

(F) A continuing education program for first responders,	5066
EMTs-basic, EMTs-I, or paramedics shall meet the standards	5067
established in rules adopted by the board under section 4765.11 of	5068
the Revised Code. A continuing education program shall include	5069
instruction and training in subjects established by the board's	5070
rules for at least the number of hours established by the board's	5071
rules.	5072

Sec. 4765.17. (A) The state board of emergency medical,	5073
fire, and transportation services shall issue the appropriate	5074
certificate of accreditation or certificate of approval to an	5075
applicant who is of good reputation and meets the requirements of	5076
section 4765.16 of the Revised Code. The board shall grant or deny	5077
a certificate of accreditation or certificate of approval within	5078
one hundred twenty days of receipt of the application. The board	5079
may issue or renew a certificate of accreditation or certificate	5080
of approval on a provisional basis to an applicant who is of good	5081
reputation and is in substantial compliance with the requirements	5082
of section 4765.16 of the Revised Code. The board shall inform an	5083
applicant receiving such a certificate of the conditions that must	5084
be met to complete compliance with section 4765.16 of the Revised	5085
Code.	5086

(B) Except as provided in division (C) of this section, a	5087
certificate of accreditation or certificate of approval is valid	5088
for up to five years and may be renewed by the board pursuant to	5089
procedures and standards established in rules adopted under	5090
section 4765.11 of the Revised Code. An application for renewal	5091
shall be accompanied by the appropriate renewal fee established in	5092
rules adopted under section 4765.11 of the Revised Code.	5093

(C) A certificate of accreditation or certificate of approval	5094
issued on a provisional basis is valid for the length of time	5095
established by the board. If the board finds that the holder of	5096
such a certificate has met the conditions it specifies under	5097
division (A) of this section, the board shall issue the	5098
appropriate certificate of accreditation or certificate of	5099
approval.	5100

(D) A certificate of accreditation is valid only for the	5101
emergency medical services training program or programs for which	5102
it is issued. The holder of a certificate of accreditation may	5103
apply to operate additional training programs in accordance with	5104
rules adopted by the board under section 4765.11 of the Revised	5105
Code. Any additional training programs shall expire on the	5106
expiration date of the applicant's current certificate. A	5107
certificate of approval is valid only for the emergency medical	5108
services continuing education program for which it is issued.	5109
Neither is transferable.	5110

(E) The holder of a certificate of accreditation or a	5111
certificate of approval may offer courses at more than one	5112
location in accordance with rules adopted under section 4765.11 of	5113
the Revised Code.	5114

Sec. 4765.18. The state board of emergency medical, fire,	5115
and transportation services may suspend or revoke a certificate of	5116
accreditation or a certificate of approval issued under section	5117
4765.17 of the Revised Code for any of the following reasons:	5118

(A) Violation of this chapter or any rule adopted under it;

5119

(B) Furnishing of false, misleading, or incomplete	5120
information to the board;	5121

(C) The signing of an application or the holding of a	5122
certificate of accreditation by a person who has pleaded guilty to	5123
or has been convicted of a felony, or has pleaded guilty to or	5124
been convicted of a crime involving moral turpitude;	5125

(D) The signing of an application or the holding of a	5126
certificate of accreditation by a person who is addicted to the	5127
use of any controlled substance or has been adjudicated	5128
incompetent for that purpose by a court, as provided in section	5129
5122.301 of the Revised Code;	5130

(E) Violation of any commitment made in an application for a	5131
certificate of accreditation or certificate of approval;	5132

(F) Presentation to prospective students of misleading,	5133
false, or fraudulent information relating to the emergency medical	5134
services training program or emergency medical services continuing	5135
education program, employment opportunities, or opportunities for	5136
enrollment in accredited institutions of higher education after	5137
entering or completing courses offered by the operator of a	5138
program;	5139

(G) Failure to maintain in a safe and sanitary condition	5140
premises and equipment used in conducting courses of study;	5141

(H) Failure to maintain financial resources adequate for the	5142
satisfactory conduct of courses of study or to retain a sufficient	5143
number of certified instructors;	5144

(I) Discrimination in the acceptance of students upon the	5145
basis of race, color, religion, sex, or national origin.	5146

Sec. 4765.22. A person seeking a certificate to teach in an	5147
emergency medical services training program or an emergency	5148
medical services continuing education program shall submit a	5149
completed application for certification to the state board of	5150
emergency medical, fire, and transportation services on a form the	5151
board shall prescribe and furnish. The application shall be	5152
accompanied by the appropriate application fee established in	5153
rules adopted under section 4765.11 of the Revised Code.	5154

Sec. 4765.23. The state board of emergency medical, fire,	5155
and transportation services shall issue a certificate to teach in	5156
an emergency medical services training program or an emergency	5157
medical services continuing education program to any applicant who	5158
it determines meets the qualifications established in rules	5159
adopted under section 4765.11 of the Revised Code. The certificate	5160
shall indicate each type of instruction and training the	5161
certificate holder may teach under the certificate.	5162

A certificate to teach shall have a certification cycle	5163
established by the board and may be renewed by the board pursuant	5164
to rules adopted under section 4765.11 of the Revised Code. An	5165
application for renewal shall be accompanied by the appropriate	5166
renewal fee established in rules adopted under section 4765.11 of	5167
the Revised Code.	5168

The board may suspend or revoke a certificate to teach	5169
pursuant to rules adopted under section 4765.11 of the Revised	5170
Code.	5171

Sec. 4765.28. A person seeking a certificate to practice as	5172
a first responder, emergency medical technician-basic, emergency	5173
medical technician-intermediate, or emergency medical	5174
technician-paramedic shall submit a completed application for	5175
certification to the state board of emergency medical, fire, and	5176
transportation services on a form the board shall prescribe and	5177
furnish. Except as provided in division (B) of section 4765.29 of	5178
the Revised Code, the application shall include evidence that the	5179
applicant received the appropriate certificate of completion	5180
pursuant to section 4765.24 of the Revised Code. The application	5181
shall be accompanied by the appropriate application fee	5182
established in rules adopted under section 4765.11 of the Revised	5183
Code, unless the board waives the fee on determining pursuant to	5184
those rules that the applicant cannot afford to pay the fee.	5185

Sec. 4765.29. (A) The state board of emergency medical,	5186
fire, and transportation services shall provide for the	5187
examination of applicants for certification to practice as first	5188
responders, emergency medical technicians-basic, emergency medical	5189
technicians-intermediate, and emergency medical	5190
technicians-paramedic. The examinations shall be established by	5191
the board in rules adopted under section 4765.11 of the Revised	5192
Code. The board may administer the examinations or contract with	5193
other persons to administer the examinations. In either case, the	5194
examinations shall be administered pursuant to procedures	5195
established in rules adopted under section 4765.11 of the Revised	5196
Code and shall be offered at various locations in the state	5197
selected by the board.	5198

Except as provided in division (B) of this section, an	5199
applicant shall not be permitted to take an examination for the	5200
same certificate to practice more than three times since last	5201
receiving the certificate of completion pursuant to section	5202
4765.24 of the Revised Code that qualifies the applicant to take	5203
the examination unless the applicant receives another certificate	5204
of completion that qualifies the applicant to take the	5205
examination.	5206

(B) On request of an applicant who fails three examinations	5207
for the same certificate to practice, the board may direct the	5208
applicant to complete a specific portion of an accredited	5209
emergency medical services training program. If the applicant	5210
provides satisfactory proof to the board that the applicant has	5211
successfully completed that portion of the program, the applicant	5212
shall be permitted to take the examination.	5213

Sec. 4765.30. (A)(1) The state board of emergency medical,	5214
fire, and transportation services shall issue a certificate to	5215
practice as a first responder to an applicant who meets all of the	5216
following conditions:	5217

(a) Except as provided in division (A)(2) of this section, is	5218
a volunteer for a nonprofit emergency medical service organization	5219
or a nonprofit fire department;	5220

(b) Holds the appropriate certificate of completion issued in	5221
accordance with section 4765.24 of the Revised Code;	5222

(c) Passes the appropriate examination conducted under	5223
section 4765.29 of the Revised Code;	5224

(d) Is not in violation of any provision of this chapter or	5225
the rules adopted under it;	5226

(e) Meets any other certification requirements established in	5227
rules adopted under section 4765.11 of the Revised Code.	5228

(2) The board may waive the requirement to be a volunteer for	5229
a nonprofit entity if the applicant meets other requirements	5230
established in rules adopted under division (B)(3) of section	5231
4765.11 of the Revised Code relative to a person's eligibility to	5232
practice as a first responder.	5233

(B) The state board of emergency medical, fire, and	5234
transportation services shall issue a certificate to practice as	5235
an emergency medical technician-basic to an applicant who meets	5236
all of the following conditions:	5237

(1) Holds a certificate of completion in emergency medical	5238
services training-basic issued in accordance with section 4765.24	5239
of the Revised Code;	5240

(2) Passes the examination for emergency medical	5241
technicians-basic conducted under section 4765.29 of the Revised	5242
Code;	5243

(3) Is not in violation of any provision of this chapter or	5244
the rules adopted under it;	5245

(4) Meets any other certification requirements established in	5246
rules adopted under section 4765.11 of the Revised Code.	5247

(C) The state board of emergency medical, fire, and	5248
transportation services shall issue a certificate to practice as	5249
an emergency medical technician-intermediate or emergency medical	5250
technician-paramedic to an applicant who meets all of the	5251
following conditions:	5252

(1) Holds a certificate to practice as an emergency medical	5253
technician-basic;	5254

(2) Holds the appropriate certificate of completion issued in	5255
accordance with section 4765.24 of the Revised Code;	5256

(3) Passes the appropriate examination conducted under	5257
section 4765.29 of the Revised Code;	5258

(4) Is not in violation of any provision of this chapter or	5259
the rules adopted under it;	5260

(5) Meets any other certification requirements established in	5261
rules adopted under section 4765.11 of the Revised Code.	5262

(D) A certificate to practice shall have a certification	5263
cycle established by the board and may be renewed by the board	5264
pursuant to rules adopted under section 4765.11 of the Revised	5265
Code. Not later than sixty days prior to the expiration date of an	5266
individual's certificate to practice, the board shall notify the	5267
individual of the scheduled expiration.	5268

An application for renewal shall be accompanied by the	5269
appropriate renewal fee established in rules adopted under section	5270
4765.11 of the Revised Code, unless the board waives the fee on	5271
determining pursuant to those rules that the applicant cannot	5272
afford to pay the fee. Except as provided in division (B) of	5273
section 4765.31 of the Revised Code, the application shall include	5274
evidence of either of the following:	5275

(1) That the applicant received a certificate of completion	5276
from the appropriate emergency medical services continuing	5277
education program pursuant to section 4765.24 of the Revised Code;	5278

(2) That the applicant has successfully passed an examination	5279
that demonstrates the competence to have a certificate renewed	5280
without completing an emergency medical services continuing	5281
education program. The board shall approve such examinations in	5282
accordance with rules adopted under section 4765.11 of the Revised	5283
Code.	5284

(E) The board shall not require an applicant for renewal of a	5285
certificate to practice to take an examination as a condition of	5286
renewing the certificate. This division does not preclude the use	5287
of examinations by operators of approved emergency medical	5288
services continuing education programs as a condition for issuance	5289
of a certificate of completion in emergency medical services	5290
continuing education.	5291

Sec. 4765.31. (A) Except as provided in division (B) of this	5292
section, a first responder, emergency medical technician-basic,	5293
emergency medical technician-intermediate, and emergency medical	5294
technician-paramedic shall complete an emergency medical services	5295
continuing education program or pass an examination approved by	5296
the state board of emergency medical, fire, and transportation	5297
services under division (A) of section 4765.10 of the Revised Code	5298
prior to the expiration of the individual's certificate to	5299
practice. Completion of the continuing education requirements for	5300
EMTs-I or paramedics satisfies the continuing education	5301
requirements for renewing the certificate to practice as an	5302
EMT-basic held by an EMT-I or paramedic.	5303

(B)(1) An applicant for renewal of a certificate to practice	5304
may apply to the board, in writing, for an extension to complete	5305
the continuing education requirements established under division	5306
(A) of this section. The board may grant such an extension and	5307
determine the length of the extension. The board may authorize the	5308
applicant to continue to practice during the extension as if the	5309
certificate to practice had not expired.	5310

(2) An applicant for renewal of a certificate to practice may	5311
apply to the board, in writing, for an exemption from the	5312
continuing education requirements established under division (A)	5313
of this section. The board may exempt an individual or a group of	5314
individuals from all or any part of the continuing education	5315
requirements due to active military service, unusual circumstance,	5316
emergency, special hardship, or any other cause considered	5317
reasonable by the board.	5318

(C) Decisions of whether to grant an extension or exemption	5319
under division (B) of this section shall be made by the board	5320
pursuant to procedures established in rules adopted under section	5321
4765.11 of the Revised Code.	5322

Sec. 4765.32. A current, valid certificate of accreditation	5323
issued under the provisions of former section 3303.11 or 3303.23	5324
of the Revised Code shall remain valid until one year after the	5325
expiration date of the certificate as determined by the provisions	5326
of those sections and shall confer the same privileges and impose	5327
the same responsibilities and requirements as a certificate of	5328
accreditation issued by the state board of emergency medical,	5329
fire, and transportation services under section 4765.17 of the	5330
Revised Code.	5331

A certificate to practice as an emergency medical	5332
technician-ambulance that is valid on November 24, 1995, shall be	5333
considered a certificate to practice as an emergency medical	5334
technician-basic. A certificate to practice as an advanced	5335
emergency medical technician-ambulance that is valid on November	5336
24, 1995, shall be considered a certificate to practice as an	5337
emergency medical technician-intermediate.	5338

Sec. 4765.33. The state board of emergency medical, fire,	5339
and transportation services may suspend or revoke certificates to	5340
practice issued under section 4765.30 of the Revised Code, and may	5341
take other disciplinary action against first responders, emergency	5342
medical technicians-basic, emergency medical	5343
technicians-intermediate, and emergency medical	5344
technicians-paramedic pursuant to rules adopted under section	5345
4765.11 of the Revised Code.	5346

Sec. 4765.37. (A) An emergency medical technician-basic	5347
shall perform the emergency medical services described in this	5348
section in accordance with this chapter and any rules adopted	5349
under it by the state board of emergency medical, fire, and	5350
transportation services.	5351

(B) An emergency medical technician-basic may operate, or be	5352
responsible for operation of, an ambulance and may provide	5353
emergency medical services to patients. In an emergency, an	5354
EMT-basic may determine the nature and extent of illness or injury	5355
and establish priority for required emergency medical services. An	5356
EMT-basic may render emergency medical services such as opening	5357
and maintaining an airway, giving positive pressure ventilation,	5358
cardiac resuscitation, electrical interventions with automated	5359
defibrillators to support or correct the cardiac function and	5360
other methods determined by the board, controlling of hemorrhage,	5361
treatment of shock, immobilization of fractures, bandaging,	5362
assisting in childbirth, management of mentally disturbed	5363
patients, initial care of poison and burn patients, and	5364
determining triage of adult and pediatric trauma victims. Where	5365
patients must in an emergency be extricated from entrapment, an	5366
EMT-basic may assess the extent of injury and render all possible	5367
emergency medical services and protection to the entrapped	5368
patient; provide light rescue services if an ambulance has not	5369
been accompanied by a specialized unit; and after extrication,	5370
provide additional care in sorting of the injured in accordance	5371
with standard emergency procedures.	5372

(C) An EMT-basic may perform any other emergency medical	5373
services approved pursuant to rules adopted under section 4765.11	5374
of the Revised Code. The board shall determine whether the nature	5375
of any such service requires that an EMT-basic receive	5376
authorization prior to performing the service.	5377

(D)(1) Except as provided in division (D)(2) of this section,	5378
if the board determines under division (C) of this section that a	5379
service requires prior authorization, the service shall be	5380
performed only pursuant to the written or verbal authorization of	5381
a physician or of the cooperating physician advisory board, or	5382
pursuant to an authorization transmitted through a direct	5383
communication device by a physician, physician assistant	5384
designated by a physician, or registered nurse designated by a	5385
physician.	5386

(2) If communications fail during an emergency situation or	5387
the required response time prohibits communication, an EMT-basic	5388
may perform services subject to this division, if, in the judgment	5389
of the EMT-basic, the life of the patient is in immediate danger.	5390
Services performed under these circumstances shall be performed in	5391
accordance with the protocols for triage of adult and pediatric	5392
trauma victims established in rules adopted under sections 4765.11	5393
and 4765.40 of the Revised Code and any applicable protocols	5394
adopted by the emergency medical service organization with which	5395
the EMT-basic is affiliated.	5396

Sec. 4765.38. (A) An emergency medical	5397
technician-intermediate shall perform the emergency medical	5398
services described in this section in accordance with this chapter	5399
and any rules adopted under it.	5400

(B) An EMT-I may do any of the following:

5401

(1) Establish and maintain an intravenous lifeline that has	5402
been approved by a cooperating physician or physician advisory	5403
board;	5404

(2) Perform cardiac monitoring;

5405

(3) Perform electrical interventions to support or correct	5406
the cardiac function;	5407

(4) Administer epinephrine;

5408

(5) Determine triage of adult and pediatric trauma victims;

5409

(6) Perform any other emergency medical services approved	5410
pursuant to rules adopted under section 4765.11 of the Revised	5411
Code.	5412

(C)(1) Except as provided in division (C)(2) of this section,	5413
the services described in division (B) of this section shall be	5414
performed by an EMT-I only pursuant to the written or verbal	5415
authorization of a physician or of the cooperating physician	5416
advisory board, or pursuant to an authorization transmitted	5417
through a direct communication device by a physician, physician	5418
assistant designated by a physician, or registered nurse	5419
designated by a physician.	5420

(2) If communications fail during an emergency situation or	5421
the required response time prohibits communication, an EMT-I may	5422
perform any of the services described in division (B) of this	5423
section, if, in the judgment of the EMT-I, the life of the patient	5424
is in immediate danger. Services performed under these	5425
circumstances shall be performed in accordance with the protocols	5426
for triage of adult and pediatric trauma victims established in	5427
rules adopted under sections 4765.11 and 4765.40 of the Revised	5428
Code and any applicable protocols adopted by the emergency medical	5429
service organization with which the EMT-I is affiliated.	5430

(D) In addition to, and in the course of, providing emergency	5431
medical treatment, an emergency medical technician-intermediate	5432
may withdraw blood as provided under sections 1547.11, 4506.17,	5433
and 4511.19 of the Revised Code. An emergency medical	5434
technician-intermediate shall withdraw blood in accordance with	5435
this chapter and any rules adopted under it by the state board of	5436
emergency medical, fire, and transportation services.	5437

Sec. 4765.39. (A) An emergency medical technician-paramedic	5438
shall perform the emergency medical services described in this	5439
section in accordance with this chapter and any rules adopted	5440
under it.	5441

(B) A paramedic may do any of the following:

5442

(1) Perform cardiac monitoring;

5443

(2) Perform electrical interventions to support or correct	5444
the cardiac function;	5445

(3) Perform airway procedures;

5446

(4) Perform relief of pneumothorax;

5447

(5) Administer appropriate drugs and intravenous fluids;

5448

(6) Determine triage of adult and pediatric trauma victims;

5449

(7) Perform any other emergency medical services, including	5450
life support or intensive care techniques, approved pursuant to	5451
rules adopted under section 4765.11 of the Revised Code.	5452

(C)(1) Except as provided in division (C)(2) of this section,	5453
the services described in division (B) of this section shall be	5454
performed by a paramedic only pursuant to the written or verbal	5455
authorization of a physician or of the cooperating physician	5456
advisory board, or pursuant to an authorization transmitted	5457
through a direct communication device by a physician, physician	5458
assistant designated by a physician, or registered nurse	5459
designated by a physician.	5460

(2) If communications fail during an emergency situation or	5461
the required response time prohibits communication, a paramedic	5462
may perform any of the services described in division (B) of this	5463
section, if, in the paramedic's judgment, the life of the patient	5464
is in immediate danger. Services performed under these	5465
circumstances shall be performed in accordance with the protocols	5466
for triage of adult and pediatric trauma victims established in	5467
rules adopted under sections 4765.11 and 4765.40 of the Revised	5468
Code and any applicable protocols adopted by the emergency medical	5469
service organization with which the paramedic is affiliated.	5470

(D) In addition to, and in the course of, providing emergency	5471
medical treatment, an emergency medical technician-paramedic may	5472
withdraw blood as provided under sections 1547.11, 4506.17, and	5473
4511.19 of the Revised Code. An emergency medical	5474
technician-paramedic shall withdraw blood in accordance with this	5475
chapter and any rules adopted under it by the state board of	5476
emergency medical, fire, and transportation services.	5477

Sec. 4765.40. (A)(1) Not later than two years after ~~the~~	5478
~~effective date of this amendment~~November 3, 2000, the state board	5479
of emergency medical, fire, and transportation services shall	5480
adopt rules under section 4765.11 of the Revised Code establishing	5481
written protocols for the triage of adult and pediatric trauma	5482
victims. The rules shall define adult and pediatric trauma in a	5483
manner that is consistent with section 4765.01 of the Revised	5484
Code, minimizes overtriage and undertriage, and emphasizes the	5485
special needs of pediatric and geriatric trauma patients.	5486

(2) The state triage protocols adopted under division (A) of	5487
this section shall require a trauma victim to be transported	5488
directly to an adult or pediatric trauma center that is qualified	5489
to provide appropriate adult or pediatric trauma care, unless one	5490
or more of the following exceptions applies:	5491

(a) It is medically necessary to transport the victim to	5492
another hospital for initial assessment and stabilization before	5493
transfer to an adult or pediatric trauma center;	5494

(b) It is unsafe or medically inappropriate to transport the	5495
victim directly to an adult or pediatric trauma center due to	5496
adverse weather or ground conditions or excessive transport time;	5497

(c) Transporting the victim to an adult or pediatric trauma	5498
center would cause a shortage of local emergency medical service	5499
resources;	5500

(d) No appropriate adult or pediatric trauma center is able	5501
to receive and provide adult or pediatric trauma care to the	5502
trauma victim without undue delay;	5503

(e) Before transport of a patient begins, the patient	5504
requests to be taken to a particular hospital that is not a trauma	5505
center or, if the patient is less than eighteen years of age or is	5506
not able to communicate, such a request is made by an adult member	5507
of the patient's family or a legal representative of the patient.	5508

(3)(a) The state triage protocols adopted under division (A)	5509
of this section shall require trauma patients to be transported to	5510
an adult or pediatric trauma center that is able to provide	5511
appropriate adult or pediatric trauma care, but shall not require	5512
a trauma patient to be transported to a particular trauma center.	5513
The state triage protocols shall establish one or more procedures	5514
for evaluating whether an injury victim requires or would benefit	5515
from adult or pediatric trauma care, which procedures shall be	5516
applied by emergency medical service personnel based on the	5517
patient's medical needs. In developing state trauma triage	5518
protocols, the board shall consider relevant model triage rules	5519
and shall consult with the commission on minority health, regional	5520
directors, regional physician advisory boards, and appropriate	5521
medical, hospital, and emergency medical service organizations.	5522

(b) Before the joint committee on agency rule review	5523
considers state triage protocols for trauma victims proposed by	5524
the state board of emergency medical, fire, and transportation	5525
services, or amendments thereto, the board shall send a copy of	5526
the proposal to the Ohio chapter of the American college of	5527
emergency physicians, the Ohio chapter of the American college of	5528
surgeons, the Ohio chapter of the American academy of pediatrics,	5529
OHA: the association for hospitals and health systems, the Ohio	5530
osteopathic association, and the association of Ohio children's	5531
hospitals and shall hold a public hearing at which it must	5532
consider the appropriateness of the protocols to minimize	5533
overtriage and undertriage of trauma victims.	5534

(c) The board shall provide copies of the state triage	5535
protocols, and amendments to the protocols, to each emergency	5536
medical service organization, regional director, regional	5537
physician advisory board, certified emergency medical service	5538
instructor, and person who regularly provides medical direction to	5539
emergency medical service personnel in the state; to each medical	5540
service organization in other jurisdictions that regularly provide	5541
emergency medical services in this state; and to others upon	5542
request.	5543

(B)(1) The state board of emergency medical, fire, and	5544
transportation services shall approve regional protocols for the	5545
triage of adult and pediatric trauma victims, and amendments to	5546
such protocols, that are submitted to the board as provided in	5547
division (B)(2) of this section and provide a level of adult and	5548
pediatric trauma care comparable to the state triage protocols	5549
adopted under division (A) of this section. The board shall not	5550
otherwise approve regional triage protocols for trauma victims.	5551
The board shall not approve regional triage protocols for regions	5552
that overlap and shall resolve any such disputes by apportioning	5553
the overlapping territory among appropriate regions in a manner	5554
that best serves the medical needs of the residents of that	5555
territory. The trauma committee of the board shall have reasonable	5556
opportunity to review and comment on regional triage protocols and	5557
amendments to such protocols before the board approves or	5558
disapproves them.	5559

(2) Regional protocols for the triage of adult and pediatric	5560
trauma victims, and amendments to such protocols, shall be	5561
submitted in writing to the state board of emergency medical,	5562
fire, and transportation services by the regional physician	5563
advisory board or regional director, as appropriate, that serves a	5564
majority of the population in the region in which the protocols	5565
apply. Prior to submitting regional triage protocols, or an	5566
amendment to such protocols, to the state board of emergency	5567
medical, fire, and transportation services, a regional physician	5568
advisory board or regional director shall consult with each of the	5569
following that regularly serves the region in which the protocols	5570
apply:	5571

(a) Other regional physician advisory boards and regional	5572
directors;	5573

(b) Hospitals that operate an emergency facility;

5574

5575

(d) Professional societies of physicians who specialize in	5576
adult or pediatric emergency medicine or adult or pediatric trauma	5577
surgery;	5578

(e) Professional societies of nurses who specialize in adult	5579
or pediatric emergency nursing or adult or pediatric trauma	5580
surgery;	5581

(f) Professional associations or labor organizations of	5582
emergency medical service personnel;	5583

(g) Emergency medical service organizations and medical	5584
directors of such organizations;	5585

(h) Certified emergency medical service instructors.

5586

(3) Regional protocols for the triage of adult and pediatric	5587
trauma victims approved under division (B)(2) of this section	5588
shall require patients to be transported to a trauma center that	5589
is able to provide an appropriate level of adult or pediatric	5590
trauma care; shall not discriminate among trauma centers for	5591
reasons not related to a patient's medical needs; shall seek to	5592
minimize undertriage and overtriage; may include any of the	5593
exceptions in division (A)(2) of this section; and supersede the	5594
state triage protocols adopted under division (A) of this section	5595
in the region in which the regional protocols apply.	5596

(4) Upon approval of regional protocols for the triage of	5597
adult and pediatric trauma victims under division (B)(2) of this	5598
section, or an amendment to such protocols, the state board of	5599
emergency medical, fire, and transportation services shall provide	5600
written notice of the approval and a copy of the protocols or	5601
amendment to each entity in the region in which the protocols	5602
apply to which the board is required to send a copy of the state	5603
triage protocols adopted under division (A) of this section.	5604

(C)(1) The state board of emergency medical, fire, and	5605
transportation services shall review the state triage protocols	5606
adopted under division (A) of this section at least every three	5607
years to determine if they are causing overtriage or undertriage	5608
of trauma patients, and shall modify them as necessary to minimize	5609
overtriage and undertriage.	5610

(2) Each regional physician advisory board or regional	5611
director that has had regional triage protocols approved under	5612
division (B)(2) of this section shall review the protocols at	5613
least every three years to determine if they are causing	5614
overtriage or undertriage of trauma patients and shall submit an	5615
appropriate amendment to the state board, as provided in division	5616
(B) of this section, as necessary to minimize overtriage and	5617
undertriage. The state board shall approve the amendment if it	5618
will reduce overtriage or undertriage while complying with	5619
division (B) of this section, and shall not otherwise approve the	5620
amendment.	5621

(D) No provider of emergency medical services or person who	5622
provides medical direction to emergency medical service personnel	5623
in this state shall fail to comply with the state triage protocols	5624
adopted under division (A) of this section or applicable regional	5625
triage protocols approved under division (B)(2) of this section.	5626

(E) The state board of emergency medical, fire, and	5627
transportation services shall adopt rules under section 4765.11 of	5628
the Revised Code that provide for enforcement of the state triage	5629
protocols adopted under division (A) of this section and regional	5630
triage protocols approved under division (B)(2) of this section,	5631
and for education regarding those protocols for emergency medical	5632
service organizations and personnel, regional directors and	5633
regional physician advisory boards, emergency medical service	5634
instructors, and persons who regularly provide medical direction	5635
to emergency medical service personnel in this state.	5636

Sec. 4765.42. Each emergency medical service organization	5637
shall give notice of the name of its medical director or the names	5638
of the members of its cooperating physician advisory board to the	5639
state board of emergency medical, fire, and transportation	5640
services. The notice shall be made in writing.	5641

Sec. 4765.48. The attorney general, the prosecuting attorney	5642
of the county, or the city director of law shall, upon complaint	5643
of the state board of emergency medical, fire, and transportation	5644
services, prosecute to termination or bring an action for	5645
injunction against any person violating this chapter or the rules	5646
adopted under it. The common pleas court in which an action for	5647
injunction is filed has the jurisdiction to grant injunctive	5648
relief upon a showing that the respondent named in the complaint	5649
is in violation of this chapter or the rules adopted under it.	5650

Sec. 4765.49. (A) A first responder, emergency medical	5651
technician-basic, emergency medical technician-intermediate, or	5652
emergency medical technician-paramedic is not liable in damages in	5653
a civil action for injury, death, or loss to person or property	5654
resulting from the individual's administration of emergency	5655
medical services, unless the services are administered in a manner	5656
that constitutes willful or wanton misconduct. A physician,	5657
physician assistant designated by a physician, or registered nurse	5658
designated by a physician, any of whom is advising or assisting in	5659
the emergency medical services by means of any communication	5660
device or telemetering system, is not liable in damages in a civil	5661
action for injury, death, or loss to person or property resulting	5662
from the individual's advisory communication or assistance, unless	5663
the advisory communication or assistance is provided in a manner	5664
that constitutes willful or wanton misconduct. Medical directors	5665
and members of cooperating physician advisory boards of emergency	5666
medical service organizations are not liable in damages in a civil	5667
action for injury, death, or loss to person or property resulting	5668
from their acts or omissions in the performance of their duties,	5669
unless the act or omission constitutes willful or wanton	5670
misconduct.	5671

(B) A political subdivision, joint ambulance district, joint	5672
emergency medical services district, or other public agency, and	5673
any officer or employee of a public agency or of a private	5674
organization operating under contract or in joint agreement with	5675
one or more political subdivisions, that provides emergency	5676
medical services, or that enters into a joint agreement or a	5677
contract with the state, any political subdivision, joint	5678
ambulance district, or joint emergency medical services district	5679
for the provision of emergency medical services, is not liable in	5680
damages in a civil action for injury, death, or loss to person or	5681
property arising out of any actions taken by a first responder,	5682
EMT-basic, EMT-I, or paramedic working under the officer's or	5683
employee's jurisdiction, or for injury, death, or loss to person	5684
or property arising out of any actions of licensed medical	5685
personnel advising or assisting the first responder, EMT-basic,	5686
EMT-I, or paramedic, unless the services are provided in a manner	5687
that constitutes willful or wanton misconduct.	5688

(C) A student who is enrolled in an emergency medical	5689
services training program accredited under section 4765.17 of the	5690
Revised Code or an emergency medical services continuing education	5691
program approved under that section is not liable in damages in a	5692
civil action for injury, death, or loss to person or property	5693
resulting from either of the following:	5694

(1) The student's administration of emergency medical	5695
services or patient care or treatment, if the services, care, or	5696
treatment is administered while the student is under the direct	5697
supervision and in the immediate presence of an EMT-basic, EMT-I,	5698
paramedic, registered nurse, physician assistant, or physician and	5699
while the student is receiving clinical training that is required	5700
by the program, unless the services, care, or treatment is	5701
provided in a manner that constitutes willful or wanton	5702
misconduct;	5703

(2) The student's training as an ambulance driver, unless the	5704
driving is done in a manner that constitutes willful or wanton	5705
misconduct.	5706

(D) An EMT-basic, EMT-I, paramedic, or other operator, who	5707
holds a valid commercial driver's license issued pursuant to	5708
Chapter 4506. of the Revised Code or driver's license issued	5709
pursuant to Chapter 4507. of the Revised Code and who is employed	5710
by an emergency medical service organization that is not owned or	5711
operated by a political subdivision as defined in section 2744.01	5712
of the Revised Code, is not liable in damages in a civil action	5713
for injury, death, or loss to person or property that is caused by	5714
the operation of an ambulance by the EMT-basic, EMT-I, paramedic,	5715
or other operator while responding to or completing a call for	5716
emergency medical services, unless the operation constitutes	5717
willful or wanton misconduct or does not comply with the	5718
precautions of section 4511.03 of the Revised Code. An emergency	5719
medical service organization is not liable in damages in a civil	5720
action for any injury, death, or loss to person or property that	5721
is caused by the operation of an ambulance by its employee or	5722
agent, if this division grants the employee or agent immunity from	5723
civil liability for the injury, death, or loss.	5724

(E) An employee or agent of an emergency medical service	5725
organization who receives requests for emergency medical services	5726
that are directed to the organization, dispatches first	5727
responders, EMTs-basic, EMTs-I, or paramedics in response to those	5728
requests, communicates those requests to those employees or agents	5729
of the organization who are authorized to dispatch first	5730
responders, EMTs-basic, EMTs-I, or paramedics, or performs any	5731
combination of these functions for the organization, is not liable	5732
in damages in a civil action for injury, death, or loss to person	5733
or property resulting from the individual's acts or omissions in	5734
the performance of those duties for the organization, unless an	5735
act or omission constitutes willful or wanton misconduct.	5736

(F) A person who is performing the functions of a first	5737
responder, EMT-basic, EMT-I, or paramedic under the authority of	5738
the laws of a state that borders this state and who provides	5739
emergency medical services to or transportation of a patient in	5740
this state is not liable in damages in a civil action for injury,	5741
death, or loss to person or property resulting from the person's	5742
administration of emergency medical services, unless the services	5743
are administered in a manner that constitutes willful or wanton	5744
misconduct. A physician, physician assistant designated by a	5745
physician, or registered nurse designated by a physician, any of	5746
whom is licensed to practice in the adjoining state and who is	5747
advising or assisting in the emergency medical services by means	5748
of any communication device or telemetering system, is not liable	5749
in damages in a civil action for injury, death, or loss to person	5750
or property resulting from the person's advisory communication or	5751
assistance, unless the advisory communication or assistance is	5752
provided in a manner that constitutes willful or wanton	5753
misconduct.	5754

(G) A person certified under section 4765.23 of the Revised	5755
Code to teach in an emergency medical services training program or	5756
emergency medical services continuing education program, and a	5757
person who teaches at the Ohio fire academy established under	5758
section 3737.33 of the Revised Code or in a fire service training	5759
program described in division (A) of section 4765.55 of the	5760
Revised Code, is not liable in damages in a civil action for	5761
injury, death, or loss to person or property resulting from the	5762
person's acts or omissions in the performance of the person's	5763
duties, unless an act or omission constitutes willful or wanton	5764
misconduct.	5765

(H) In the accreditation of emergency medical services	5766
training programs or approval of emergency medical services	5767
continuing education programs, the state board of emergency	5768
medical, fire, and transportation services and any person or	5769
entity authorized by the board to evaluate applications for	5770
accreditation or approval are not liable in damages in a civil	5771
action for injury, death, or loss to person or property resulting	5772
from their acts or omissions in the performance of their duties,	5773
unless an act or omission constitutes willful or wanton	5774
misconduct.	5775

(I) A person authorized by an emergency medical service	5776
organization to review the performance of first responders,	5777
EMTs-basic, EMTs-I, and paramedics or to administer quality	5778
assurance programs is not liable in damages in a civil action for	5779
injury, death, or loss to person or property resulting from the	5780
person's acts or omissions in the performance of the person's	5781
duties, unless an act or omission constitutes willful or wanton	5782
misconduct.	5783

Sec. 4765.55. (A) The executive director of the state board	5784
of emergency medical, fire, and transportation services, with the	5785
advice and counsel of the firefighter and fire safety inspector	5786
training committee of the state board of emergency medical, fire,	5787
and transportation services, shall assist in the establishment and	5788
maintenance by any state agency, or any county, township, city,	5789
village, school district, or educational service center of a fire	5790
service training program for the training of all persons in	5791
positions of any fire training certification level approved by the	5792
executive director, including full-time paid firefighters,	5793
part-time paid firefighters, volunteer firefighters, and, fire	5794
safety inspectors in this state. The executive director, with the	5795
advice and counsel of the committee, shall adopt rules to regulate	5796
those firefighter and fire safety inspector training programs, and	5797
other training programs approved by the executive director. The	5798
rules may include, but need not be limited to, training	5799
curriculum, certification examinations, training schedules,	5800
minimum hours of instruction, attendance requirements, required	5801
equipment and facilities, basic physical requirements, and methods	5802
of training for all persons in positions of any fire training	5803
certification level approved by the executive director, including	5804
full-time paid firefighters, part-time paid firefighters,	5805
volunteer firefighters, and fire safety inspectors. The rules	5806
adopted to regulate training programs for volunteer firefighters	5807
shall not require more than thirty-six hours of training.	5808

The executive director, with the advice and counsel of the	5809
committee, shall provide for the classification and chartering of	5810
fire service training programs in accordance with rules adopted	5811
under division (B) of this section, and may take action against	5812
any chartered training program or applicant, in accordance with	5813
rules adopted under divisions (B)(4) and (5) of this section, for	5814
failure to meet standards set by the adopted rules.	5815

(B) The executive director, with the advice and counsel of	5816
the firefighter and fire safety inspector training committee of	5817
the state board of emergency medical, fire, and transportation	5818
services, shall adopt, and may amend or rescind, rules under	5819
Chapter 119. of the Revised Code that establish all of the	5820
following:	5821

(1) Requirements for, and procedures for chartering, the	5822
training programs regulated by this section;	5823

(2) Requirements for, and requirements and procedures for	5824
obtaining and renewing, an instructor certificate to teach the	5825
training programs and continuing education classes regulated by	5826
this section;	5827

(3) Requirements for, and requirements and procedures for	5828
obtaining and renewing, any of the fire training certificates	5829
regulated by this section;	5830

(4) Grounds and procedures for suspending, revoking,	5831
restricting, or refusing to issue or renew any of the certificates	5832
or charters regulated by this section, which grounds shall be	5833
limited to one of the following:	5834

(a) Failure to satisfy the education or training requirements	5835
of this section;	5836

(b) Conviction of a felony offense;

5837

5838

(d) Conviction of a misdemeanor committed in the course of	5839
practice;	5840

(e) In the case of a chartered training program or applicant,	5841
failure to meet standards set by the rules adopted under this	5842
division.	5843

(5) Grounds and procedures for imposing and collecting fines,	5844
not to exceed one thousand dollars, in relation to actions taken	5845
under division (B)(4) of this section against persons holding	5846
certificates and charters regulated by this section, the fines to	5847
be deposited into the trauma and emergency medical services fund	5848
established under section 4513.263 of the Revised Code;	5849

(6) Continuing education requirements for certificate	5850
holders, including a requirement that credit shall be granted for	5851
in-service training programs conducted by local entities;	5852

(7) Procedures for considering the granting of an extension	5853
or exemption of fire service continuing education requirements;	5854

(8) Certification cycles for which the certificates and	5855
charters regulated by this section are valid.	5856

(C) The executive director, with the advice and counsel of	5857
the firefighter and fire safety inspector training committee of	5858
the state board of emergency medical, fire, and transportation	5859
services, shall issue or renew an instructor certificate to teach	5860
the training programs and continuing education classes regulated	5861
by this section to any applicant that the executive director	5862
determines meets the qualifications established in rules adopted	5863
under division (B) of this section, and may take disciplinary	5864
action against an instructor certificate holder or applicant in	5865
accordance with rules adopted under division (B) of this section.	5866
The executive director, with the advice and counsel of the	5867
committee, shall charter or renew the charter of any training	5868
program that the executive director determines meets the	5869
qualifications established in rules adopted under division (B) of	5870
this section, and may take disciplinary action against the holder	5871
of a charter in accordance with rules adopted under division (B)	5872
of this section.	5873

(D) The executive director shall issue or renew a fire	5874
training certificate for a firefighter, a fire safety inspector,	5875
or another position of any fire training certification level	5876
approved by the executive director, to any applicant that the	5877
executive director determines meets the qualifications established	5878
in rules adopted under division (B) of this section and may take	5879
disciplinary actions against a certificate holder or applicant in	5880
accordance with rules adopted under division (B) of this section.	5881

(E) Certificates issued under this section shall be on a form	5882
prescribed by the executive director, with the advice and counsel	5883
of the firefighter and fire safety inspector training committee of	5884
the state board of emergency medical, fire, and transportation	5885
services.	5886

(F)(1) The executive director, with the advice and counsel of	5887
the firefighter and fire safety inspector training committee of	5888
the state board of emergency medical, fire, and transportation	5889
services, shall establish criteria for evaluating the standards	5890
maintained by other states and the branches of the United States	5891
military for firefighter, fire safety inspector, and fire	5892
instructor training programs, and other training programs	5893
recognized by the executive director, to determine whether the	5894
standards are equivalent to those established under this section	5895
and shall establish requirements and procedures for issuing a	5896
certificate to each person who presents proof to the executive	5897
director of having satisfactorily completed a training program	5898
that meets those standards.	5899

(2) The executive director, with the committee's advice and	5900
counsel, shall adopt rules establishing requirements and	5901
procedures for issuing a fire training certificate in lieu of	5902
completing a chartered training program.	5903

(G) Nothing in this section invalidates any other section of	5904
the Revised Code relating to the fire training academy. Section	5905
4765.11 of the Revised Code does not affect any powers and duties	5906
granted to the executive director under this section.	5907

Sec. 4765.56. On receipt of a notice pursuant to section	5908
3123.43 of the Revised Code, the state board of emergency medical,	5909
fire, and transportation services shall comply with sections	5910
3123.41 to 3123.50 of the Revised Code and any applicable rules	5911
adopted under section 3123.63 of the Revised Code with respect to	5912
a certificate to practice issued pursuant to this chapter.	5913

Sec. 4765.59. The state board of emergency medical, fire,	5914
and transportation services shall not administer laws and rules	5915
exceeding the statutory authority provided to the board under	5916
Chapters 4765. and 4766. of the Revised Code.	5917

Sec. 4766.01. As used in this chapter:

5918

(A) "Advanced life support" means treatment described in	5919
section 4765.39 of the Revised Code that a paramedic is certified	5920
to perform.	5921

(B) "Air medical service organization" means an organization	5922
that furnishes, conducts, maintains, advertises, promotes, or	5923
otherwise engages in providing medical services with a rotorcraft	5924
air ambulance or fixed wing air ambulance.	5925

(C) "Air medical transportation" means the transporting of a	5926
patient by rotorcraft air ambulance or fixed wing air ambulance	5927
with appropriately licensed and certified medical personnel.	5928

(D) "Ambulance" means any motor vehicle that is specifically	5929
designed, constructed, or modified and equipped and is intended to	5930
be used to provide basic life support, intermediate life support,	5931
advanced life support, or mobile intensive care unit services and	5932
transportation upon the streets or highways of this state of	5933
persons who are seriously ill, injured, wounded, or otherwise	5934
incapacitated or helpless. "Ambulance" does not include air	5935
medical transportation or a vehicle designed and used solely for	5936
the transportation of nonstretcher-bound persons, whether	5937
hospitalized or handicapped or whether ambulatory or confined to a	5938
wheelchair.	5939

(E) "Ambulette" means a motor vehicle that is specifically	5940
designed, constructed, or modified and equipped and is intended to	5941
be used for transportation upon the streets or highways of this	5942
state of persons who require use of a wheelchair.	5943

(F) "Basic life support" means treatment described in section	5944
4765.37 of the Revised Code that an ~~EMT-basic~~EMT is certified to	5945
perform.	5946

(G) "Disaster situation" means any condition or situation	5947
described by rule of the ~~Ohio~~state board of emergency medical,	5948
fire, and transportation ~~board~~services as a mass casualty, major	5949
emergency, natural disaster, or national emergency.	5950

(H) "Emergency medical service organization" means an	5951
organization that uses ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, or	5952
paramedics, or a combination of ~~EMTs-basic~~EMTs, ~~EMTs-I~~AEMTs, and	5953
paramedics, to provide medical care to victims of illness or	5954
injury. An emergency medical service organization includes, but is	5955
not limited to, a commercial ambulance service organization, a	5956
hospital, and a funeral home.	5957

(I) "~~EMT-basic~~EMT," "~~EMT-I~~AEMT," and "paramedic" have the	5958
same meanings as in ~~section~~sections 4765.01 and 4765.011 of the	5959
Revised Code.	5960

(J) "Fixed wing air ambulance" means a fixed wing aircraft	5961
that is specifically designed, constructed, or modified and	5962
equipped and is intended to be used as a means of air medical	5963
transportation.	5964

(K) "Intermediate life support" means treatment described in	5965
section 4765.38 of the Revised Code that an ~~EMT-I~~AEMT is	5966
certified to perform.	5967

(L) "Major emergency" means any emergency event that cannot	5968
be resolved through the use of locally available emergency	5969
resources.	5970

(M) "Mass casualty" means an emergency event that results in	5971
ten or more persons being injured, incapacitated, made ill, or	5972
killed.	5973

(N) "Medical emergency" means an unforeseen event affecting	5974
an individual in such a manner that a need for immediate care is	5975
created.	5976

(O) "Mobile intensive care unit" means an ambulance used only	5977
for maintaining specialized or intensive care treatment and used	5978
primarily for interhospital transports of patients whose	5979
conditions require care beyond the scope of a paramedic as	5980
provided in section 4765.39 of the Revised Code.	5981

(P)(1) "Nonemergency medical service organization" means a	5982
person that does both of the following:	5983

(a) Provides services to the public on a regular basis for	5984
the purpose of transporting individuals who require the use of a	5985
wheelchair or are confined to a wheelchair to receive health care	5986
services at health care facilities or health care practitioners'	5987
offices in nonemergency circumstances;	5988

(b) Provides the services for a fee, regardless of whether	5989
the fee is paid by the person being transported, a third party	5990
payer, as defined in section 3702.51 of the Revised Code, or any	5991
other person or government entity.	5992

(2) "Nonemergency medical service organization" does not	5993
include a health care facility, as defined in section 1751.01 of	5994
the Revised Code, that provides ambulette services only to	5995
patients of that facility.	5996

(Q) "Nontransport vehicle" means a motor vehicle operated by	5997
a licensed emergency medical service organization not as an	5998
ambulance, but as a vehicle for providing services in conjunction	5999
with the ambulances operated by the organization or other	6000
emergency medical service organizations.	6001

(R) "Patient" means any individual who as a result of illness	6002
or injury needs medical attention, whose physical or mental	6003
condition is such that there is imminent danger of loss of life or	6004
significant health impairment, who may be otherwise incapacitated	6005
or helpless as a result of a physical or mental condition, or	6006
whose physical condition requires the use of a wheelchair.	6007

(S) "Rotorcraft air ambulance" means a helicopter or other	6008
aircraft capable of vertical takeoffs, vertical landings, and	6009
hovering that is specifically designed, constructed, or modified	6010
and equipped and is intended to be used as a means of air medical	6011
transportation.	6012

Sec. 4766.03. (A) The ~~Ohio~~state board of emergency medical,	6013
fire, and transportation ~~board~~services shall adopt rules, in	6014
accordance with Chapter 119. of the Revised Code, implementing the	6015
requirements of this chapter. The rules shall include provisions	6016
relating to the following:	6017

(1) Requirements for an emergency medical service	6018
organization to receive a permit for an ambulance or nontransport	6019
vehicle;	6020

(2) Requirements for an emergency medical service	6021
organization to receive a license as a basic life-support,	6022
intermediate life-support, advanced life-support, or mobile	6023
intensive care unit organization;	6024

(3) Requirements for a nonemergency medical service	6025
organization to receive a permit for an ambulette vehicle;	6026

(4) Requirements for a nonemergency medical service	6027
organization to receive a license for an ambulette service;	6028

(5) Requirements for an air medical service organization to	6029
receive a permit for a rotorcraft air ambulance or fixed wing air	6030
ambulance;	6031

(6) Requirements for licensure of air medical service	6032
organizations;	6033

(7) Forms for applications and renewals of licenses and	6034
permits;	6035

(8) Requirements for record keeping of service responses made	6036
by licensed emergency medical service organizations;	6037

(9) Fee amounts for licenses and permits, and their renewals;

6038

(10) Inspection requirements for licensees' vehicles or	6039
aircraft, records, and physical facilities;	6040

(11) Fee amounts for inspections of ambulances, ambulettes,	6041
rotorcraft air ambulances, fixed wing air ambulances, and	6042
nontransport vehicles;	6043

(12) Requirements for ambulances and nontransport vehicles	6044
used by licensed emergency medical service organizations, for	6045
ambulette vehicles used by licensed nonemergency medical service	6046
organizations, and for rotorcraft air ambulances or fixed wing air	6047
ambulances used by licensed air medical service organizations that	6048
specify for each type of vehicle or aircraft the types of	6049
equipment that must be carried, the communication systems that	6050
must be maintained, and the personnel who must staff the vehicle	6051
or aircraft;	6052

(13) The level of care each type of emergency medical service	6053
organization, nonemergency medical service organization, and air	6054
medical service organization is authorized to provide;	6055

(14) Eligibility requirements for employment as an ambulette	6056
driver, including grounds for disqualification due to the results	6057
of a motor vehicle law violation check, chemical test, or criminal	6058
records check. The rule may require that an applicant for	6059
employment as an ambulette driver provide a set of fingerprints to	6060
law enforcement authorities if the applicant comes under final	6061
consideration for employment.	6062

(15) Any other rules that the board determines necessary for	6063
the implementation and enforcement of this chapter.	6064

(B) In the rules for ambulances and nontransport vehicles	6065
adopted under division (A)(12) of this section, the board may	6066
establish requirements that vary according to whether the	6067
emergency medical service organization using the vehicles is	6068
licensed as a basic life-support, intermediate life-support,	6069
advanced life-support, or mobile intensive care unit organization.	6070

(C) A mobile intensive care unit that is not dually certified	6071
to provide advanced life-support and meets the requirements of the	6072
rules adopted under this section is not required to carry	6073
immobilization equipment, including board splint kits, traction	6074
splints, backboards, backboard straps, cervical immobilization	6075
devices, cervical collars, stair chairs, folding cots, or other	6076
types of immobilization equipment determined by the board to be	6077
unnecessary for mobile intensive care units.	6078

A mobile intensive care unit is exempt from the emergency	6079
medical technician staffing requirements of section 4765.43 of the	6080
Revised Code when it is staffed by at least one physician or	6081
registered nurse and another person, designated by a physician,	6082
who holds a valid license or certificate to practice in a health	6083
care profession, and when at least one of the persons staffing the	6084
mobile intensive care unit is a registered nurse whose training	6085
meets or exceeds the training required for a paramedic.	6086

Sec. 4766.04. (A) Except as otherwise provided in this	6087
chapter, no person shall furnish, operate, conduct, maintain,	6088
advertise, engage in, or propose or profess to engage in the	6089
business or service in this state of transporting persons who are	6090
seriously ill, injured, or otherwise incapacitated or who require	6091
the use of a wheelchair or are confined to a wheelchair unless the	6092
person is licensed pursuant to this section.	6093

(B) To qualify for a license as a basic life-support,	6094
intermediate life-support, advanced life-support, or mobile	6095
intensive care unit organization, an emergency medical service	6096
organization shall do all of the following:	6097

(1) Apply for a permit for each ambulance and nontransport	6098
vehicle owned or leased as provided in section 4766.07 of the	6099
Revised Code;	6100

(2) Meet all requirements established in rules adopted by the	6101
~~Ohio~~state board of emergency medical, fire, and transportation	6102
~~board~~services regarding ambulances and nontransport vehicles,	6103
including requirements pertaining to equipment, communications	6104
systems, staffing, and level of care the particular organization	6105
is permitted to render;	6106

(3) Maintain the appropriate type and amount of insurance as	6107
specified in section 4766.06 of the Revised Code;	6108

(4) Meet all other requirements established under rules	6109
adopted by the board for the particular license.	6110

(C) To qualify for a license to provide ambulette service, a	6111
nonemergency medical service organization shall do all of the	6112
following:	6113

(1) Apply for a permit for each ambulette owned or leased as	6114
provided in section 4766.07 of the Revised Code;	6115

(2) Meet all requirements established in rules adopted by the	6116
~~Ohio~~state board of emergency medical, fire, and transportation	6117
~~board~~services regarding ambulettes, including requirements	6118
pertaining to equipment, communication systems, staffing, and	6119
level of care the organization is permitted to render;	6120

(3) Maintain the appropriate type and amount of insurance as	6121
specified in section 4766.06 of the Revised Code;	6122

(4) Meet all other requirements established under rules	6123
adopted by the board for the license.	6124

(D) To qualify for a license to provide air medical	6125
transportation, an air medical service organization shall do all	6126
of the following:	6127

(1) Apply for a permit for each rotorcraft air ambulance and	6128
fixed wing air ambulance owned or leased as provided in section	6129
4766.07 of the Revised Code;	6130

(2) Meet all requirements established in rules adopted by the	6131
~~Ohio~~state board of emergency medical, fire, and transportation	6132
~~board~~services regarding rotorcraft air ambulances and fixed wing	6133
air ambulances, including requirements pertaining to equipment,	6134
communication systems, staffing, and level of care the	6135
organization is permitted to render;	6136

(3) Maintain the appropriate type and amount of insurance as	6137
specified in section 4766.06 of the Revised Code;	6138

(4) Meet all other requirements established under rules	6139
adopted by the board for the license.	6140

(E) An emergency medical service organization that applies	6141
for a license as a basic life-support, intermediate life-support,	6142
advanced life-support, or mobile intensive care unit organization;	6143
a nonemergency medical service organization that applies for a	6144
license to provide ambulette service; or an air medical service	6145
organization that applies for a license to provide air medical	6146
transportation shall submit a completed application to the board,	6147
on a form provided by the board for each particular license,	6148
together with the appropriate fees established under section	6149
4766.05 of the Revised Code. The application form shall include	6150
all of the following:	6151

(1) The name and business address of the operator of the	6152
organization for which licensure is sought;	6153

(2) The name under which the applicant will operate the	6154
organization;	6155

(3) A list of the names and addresses of all officers and	6156
directors of the organization;	6157

(4) For emergency medical service organizations and	6158
nonemergency medical service organizations, a description of each	6159
vehicle to be used, including the make, model, year of	6160
manufacture, mileage, vehicle identification number, and the color	6161
scheme, insignia, name, monogram, or other distinguishing	6162
characteristics to be used to designate the applicant's vehicle;	6163

(5) For air medical service organizations using fixed wing	6164
air ambulances, a description of each aircraft to be used,	6165
including the make, model, year of manufacture, and aircraft hours	6166
on airframe;	6167

(6) For air medical service organizations using rotorcraft	6168
air ambulances, a description of each aircraft to be used,	6169
including the make, model, year of manufacture, aircraft hours on	6170
airframe, aircraft identification number, and the color scheme,	6171
insignia, name, monogram, or other distinguishing characteristics	6172
to be used to designate the applicant's rotorcraft air ambulance;	6173

(7) The location and description of each place from which the	6174
organization will operate;	6175

(8) A description of the geographic area to be served by the	6176
applicant;	6177

(9) Any other information the board, by rule, determines	6178
necessary.	6179

(F) Within sixty days after receiving a completed application	6180
for licensure as a basic life-support, intermediate life-support,	6181
advanced life-support, or mobile intensive care unit organization;	6182
an ambulette service; or an air medical service organization, the	6183
board shall approve or deny the application. The board shall deny	6184
an application if it determines that the applicant does not meet	6185
the requirements of this chapter or any rules adopted under it.	6186
The board shall send notice of the denial of an application by	6187
certified mail to the applicant. The applicant may request a	6188
hearing within ten days after receipt of the notice. If the board	6189
receives a timely request, it shall hold a hearing in accordance	6190
with Chapter 119. of the Revised Code.	6191

(G) If an applicant or licensee operates or plans to operate	6192
an organization in more than one location under the same or	6193
different identities, the applicant or licensee shall apply for	6194
and meet all requirements for licensure or renewal of a license,	6195
other than payment of a license fee or renewal fee, for operating	6196
the organization at each separate location. An applicant or	6197
licensee that operates or plans to operate under the same	6198
organization identity in separate locations shall pay only a	6199
single license fee.	6200

(H) An emergency medical service organization that wishes to	6201
provide ambulette services to the public must apply for a separate	6202
license under division (C) of this section.	6203

(I) Each license issued under this section and each permit	6204
issued under section 4766.07 of the Revised Code expires one year	6205
after the date of issuance and may be renewed in accordance with	6206
the standard renewal procedures of Chapter 4745. of the Revised	6207
Code. An application for renewal shall include the license or	6208
permit renewal fee established under section 4766.05 of the	6209
Revised Code. An applicant for renewal of a permit also shall	6210
submit to the board proof of an annual inspection of the vehicle	6211
or aircraft for which permit renewal is sought. The board shall	6212
renew a license if the applicant meets the requirements for	6213
licensure and shall renew a permit if the applicant and vehicle or	6214
aircraft meet the requirements to maintain a permit for that	6215
vehicle or aircraft.	6216

(J) Each licensee shall maintain accurate records of all	6217
service responses conducted. The records shall be maintained on	6218
forms prescribed by the board and shall contain information as	6219
specified by rule by the board.	6220

Sec. 4766.05. (A) The ~~Ohio~~state board of emergency medical,	6221
fire, and transportation ~~board~~services shall establish by rule a	6222
license fee, a permit fee for each ambulance, ambulette,	6223
rotorcraft air ambulance, fixed wing air ambulance, and	6224
nontransport vehicle owned or leased by the licensee that is or	6225
will be used as provided in section 4766.07 of the Revised Code,	6226
and fees for renewals of licenses and permits, taking into	6227
consideration the actual costs incurred by the board in carrying	6228
out its duties under this chapter. However, the fee for each	6229
license and each renewal of a license shall not exceed one hundred	6230
dollars, and the fee for each permit and each renewal of a permit	6231
shall not exceed one hundred dollars for each ambulance,	6232
rotorcraft air ambulance, fixed wing air ambulance, and	6233
nontransport vehicle. The ~~fee for each permit and each renewal of~~	6234
~~a permit shall be twenty-five dollars for each ambulette for one~~	6235
~~year after March 9, 2004. Thereafter, the~~ board shall determine by	6236
rule the fee, which shall not exceed fifty dollars, for each	6237
permit and each renewal of a permit for each ambulette. For	6238
purposes of establishing fees, "actual costs" includes the costs	6239
of salaries, expenses, inspection equipment, supervision, and	6240
program administration.	6241

(B) The board shall deposit all fees and other moneys	6242
collected pursuant to sections 4766.04, 4766.07, and 4766.08 of	6243
the Revised Code in the state treasury to the credit of the	6244
~~occupational licensing~~trauma and ~~regulatory~~emergency medical	6245
services fund, which is created by section ~~4743.05~~4513.263 of the	6246
Revised Code. ~~All moneys from the fund shall be used solely for~~	6247
~~the salaries and expenses of the board incurred in implementing~~	6248
~~and enforcing this chapter.~~	6249

(C) The board, subject to the approval of the controlling	6250
board, may establish fees in excess of the maximum amounts allowed	6251
under division (A) of this section, but such fees shall not exceed	6252
those maximum amounts by more than fifty per cent.	6253

Sec. 4766.07. (A) Except as otherwise provided by rule of	6254
the ~~Ohio~~state board of emergency medical, fire, and	6255
transportation ~~board~~services, each emergency medical service	6256
organization, nonemergency medical service organization, and air	6257
medical service organization subject to licensure under this	6258
chapter shall possess a valid permit for each ambulance,	6259
ambulette, rotorcraft air ambulance, fixed wing air ambulance, and	6260
nontransport vehicle it owns or leases that is or will be used by	6261
the licensee to perform the services permitted by the license.	6262
Each licensee and license applicant shall submit the appropriate	6263
fee and an application for a permit for each ambulance, ambulette,	6264
rotorcraft air ambulance, fixed wing air ambulance, and	6265
nontransport vehicle to the ~~Ohio~~state board of emergency	6266
medical, fire, and transportation ~~board~~services on forms provided	6267
by the board. The application shall include documentation that the	6268
vehicle or aircraft meets the appropriate standards set by the	6269
board, that the vehicle or aircraft has been inspected pursuant to	6270
division (C) of this section, that the permit applicant maintains	6271
insurance as provided in section 4766.06 of the Revised Code, and	6272
that the vehicle or aircraft and permit applicant meet any other	6273
requirements established under rules adopted by the board.	6274

The ~~Ohio~~state board of emergency medical, fire, and	6275
transportation ~~board~~services may adopt rules in accordance with	6276
Chapter 119. of the Revised Code to authorize the temporary use of	6277
a vehicle or aircraft for which a permit is not possessed under	6278
this section in back-up or disaster situations.	6279

(B)(1) Within sixty days after receiving a completed	6280
application for a permit, the board shall issue or deny the	6281
permit. The board shall deny an application if it determines that	6282
the permit applicant, vehicle, or aircraft does not meet the	6283
requirements of this chapter and the rules adopted under it that	6284
apply to permits for ambulances, ambulettes, rotorcraft air	6285
ambulances, fixed wing air ambulances, and nontransport vehicles.	6286
The board shall send notice of the denial of an application by	6287
certified mail to the permit applicant. The permit applicant may	6288
request a hearing within ten days after receipt of the notice. If	6289
the board receives a timely request, it shall hold a hearing in	6290
accordance with Chapter 119. of the Revised Code.	6291

(2) If the board issues the vehicle permit for an ambulance,	6292
ambulette, or nontransport vehicle, it also shall issue a decal,	6293
in a form prescribed by rule, to be displayed on the rear window	6294
of the vehicle. The board shall not issue a decal until all of the	6295
requirements for licensure and permit issuance have been met.	6296

(3) If the board issues the aircraft permit for a rotorcraft	6297
air ambulance or fixed wing air ambulance, it also shall issue a	6298
decal, in a form prescribed by rule, to be displayed on the left	6299
fuselage aircraft window in a manner that complies with all	6300
applicable federal aviation regulations. The board shall not issue	6301
a decal until all of the requirements for licensure and permit	6302
issuance have been met.	6303

(C) In addition to any other requirements that the board	6304
establishes by rule, a licensee or license applicant applying for	6305
an initial vehicle or aircraft permit under division (A) of this	6306
section shall submit to the board the vehicle or aircraft for	6307
which the permit is sought. Thereafter, a licensee shall annually	6308
submit to the board each vehicle or aircraft for which a permit	6309
has been issued.	6310

(1) The board shall conduct a physical inspection of an	6311
ambulance, ambulette, or nontransport vehicle to determine its	6312
roadworthiness and compliance with standard motor vehicle	6313
requirements.	6314

(2) The board shall conduct a physical inspection of the	6315
medical equipment, communication system, and interior of an	6316
ambulance to determine the operational condition and safety of the	6317
equipment and the ambulance's interior and to determine whether	6318
the ambulance is in compliance with the federal requirements for	6319
ambulance construction that were in effect at the time the	6320
ambulance was manufactured, as specified by the general services	6321
administration in the various versions of its publication titled	6322
"federal specification for the star-of-life ambulance,	6323
KKK-A-1822."	6324

(3) The board shall conduct a physical inspection of the	6325
equipment, communication system, and interior of an ambulette to	6326
determine the operational condition and safety of the equipment	6327
and the ambulette's interior and to determine whether the	6328
ambulette is in compliance with state requirements for ambulette	6329
construction. The board shall determine by rule requirements for	6330
the equipment, communication system, interior, and construction of	6331
an ambulette.	6332

(4) The board shall conduct a physical inspection of the	6333
medical equipment, communication system, and interior of a	6334
rotorcraft air ambulance or fixed wing air ambulance to determine	6335
the operational condition and safety of the equipment and the	6336
aircraft's interior.	6337

(5) The board shall issue a certificate to the applicant for	6338
each vehicle or aircraft that passes the inspection and may assess	6339
a fee for each inspection, as established by the board.	6340

(6) The board shall adopt rules regarding the implementation	6341
and coordination of inspections. The rules may permit the board to	6342
contract with a third party to conduct the inspections required of	6343
the board under this section.	6344

Sec. 4766.08. (A) The ~~Ohio~~state board of emergency medical,	6345
fire, and transportation ~~board may~~services, pursuant to an	6346
adjudication conducted in accordance with Chapter 119. of the	6347
Revised Code, may suspend or revoke any license or permit or	6348
renewal thereof issued under this chapter for any one or	6349
combination of the following causes:	6350

(1) Violation of this chapter or any rule adopted thereunder;

6351

(2) Refusal to permit the board to inspect a vehicle or	6352
aircraft used under the terms of a permit or to inspect the	6353
records or physical facilities of a licensee;	6354

(3) Failure to meet the ambulance, ambulette, rotorcraft air	6355
ambulance, fixed wing air ambulance, and nontransport vehicle	6356
requirements specified in this chapter or the rules adopted	6357
thereunder;	6358

(4) Violation of an order issued by the board;

6359

(5) Failure to comply with any of the terms of an agreement	6360
entered into with the board regarding the suspension or revocation	6361
of a license or permit or the imposition of a penalty under this	6362
section.	6363

(B) If the board determines that the records, record-keeping	6364
procedures, or physical facilities of a licensee, or an ambulance,	6365
ambulette, rotorcraft air ambulance, fixed wing air ambulance, or	6366
nontransport vehicle for which a valid permit has been issued, do	6367
not meet the standards specified in this chapter and the rules	6368
adopted thereunder, the board shall notify the licensee of any	6369
deficiencies within thirty days of finding the deficiencies. If	6370
the board determines that the deficiencies exist and they remain	6371
uncorrected after thirty days, the board may suspend the license,	6372
vehicle permit, or aircraft permit. The licensee, notwithstanding	6373
the suspension under this division, may operate until all appeals	6374
have been exhausted.	6375

(C) At the discretion of the board, a licensee whose license	6376
has been suspended or revoked under this section may be ineligible	6377
to be licensed under this chapter for a period of not more than	6378
three years from the date of the violation, provided that the	6379
board shall make no determination on a period of ineligibility	6380
until all the licensee's appeals relating to the suspension or	6381
revocation have been exhausted.	6382

(D) The board may, in addition to any other action taken	6383
under this section and after a hearing conducted pursuant to	6384
Chapter 119. of the Revised Code, impose a penalty of not more	6385
than fifteen hundred dollars for any violation specified in this	6386
section. The attorney general shall institute a civil action for	6387
the collection of any such penalty imposed.	6388

Sec. 4766.09. This chapter does not apply to any of the	6389
following:	6390

(A) A person rendering services with an ambulance in the	6391
event of a disaster situation when licensees' vehicles based in	6392
the locality of the disaster situation are incapacitated or	6393
insufficient in number to render the services needed;	6394

(B) Any person operating an ambulance, ambulette, rotorcraft	6395
air ambulance, or fixed wing air ambulance outside this state	6396
unless receiving a person within this state for transport to a	6397
location within this state;	6398

(C) A publicly owned or operated emergency medical service	6399
organization and the vehicles it owns or leases and operates,	6400
except as provided in section 307.051, division (G) of section	6401
307.055, division (F) of section 505.37, division (B) of section	6402
505.375, and division (B)(3) of section 505.72 of the Revised	6403
Code;	6404

(D) An ambulance, ambulette, rotorcraft air ambulance, fixed	6405
wing air ambulance, or nontransport vehicle owned or leased and	6406
operated by the federal government;	6407

(E) A publicly owned and operated fire department vehicle;

6408

(F) Emergency vehicles owned by a corporation and operating	6409
only on the corporation's premises, for the sole use by that	6410
corporation;	6411

(G) An ambulance, nontransport vehicle, or other emergency	6412
medical service organization vehicle owned and operated by a	6413
municipal corporation;	6414

(H) A motor vehicle titled in the name of a volunteer rescue	6415
service organization, as defined in section 4503.172 of the	6416
Revised Code;	6417

(I) A public emergency medical service organization;

6418

(J) A fire department, rescue squad, or life squad comprised	6419
of volunteers who provide services without expectation of	6420
remuneration and do not receive payment for services other than	6421
reimbursement for expenses;	6422

(K) A private, nonprofit emergency medical service	6423
organization when fifty per cent or more of its personnel are	6424
volunteers, as defined in section 4765.01 of the Revised Code;	6425

(L) Emergency medical service personnel who are regulated by	6426
the state board of emergency medical, fire, and transportation	6427
services under Chapter 4765. of the Revised Code;	6428

(M) Any of the following that operates a transit bus, as that	6429
term is defined in division (Q) of section 5735.01 of the Revised	6430
Code, unless the entity provides ambulette services that are	6431
reimbursed under the state medicaid plan:	6432

(1) A public nonemergency medical service organization;

6433

(2) An urban or rural public transit system;

6434

(3) A private nonprofit organization that receives grants	6435
under section 5501.07 of the Revised Code.	6436

(N)(1) An entity, to the extent it provides ambulette	6437
services, if the entity meets all of the following conditions:	6438

(a) The entity is certified by the department of aging or the	6439
department's designee in accordance with section 173.391 of the	6440
Revised Code or operates under a contract or grant agreement with	6441
the department or the department's designee in accordance with	6442
section 173.392 of the Revised Code.	6443

(b) The entity meets the requirements of section 4766.14 of	6444
the Revised Code.	6445

(c) The entity does not provide ambulette services that are	6446
reimbursed under the state medicaid plan.	6447

(2) A vehicle, to the extent it is used to provide ambulette	6448
services, if the vehicle meets both of the following conditions:	6449

(a) The vehicle is owned by an entity that meets the	6450
conditions specified in division (N)(1) of this section.	6451

(b) The vehicle does not provide ambulette services that are	6452
reimbursed under the state medicaid plan.	6453

(O) A vehicle that meets both of the following criteria,	6454
unless the vehicle provides services that are reimbursed under the	6455
state medicaid plan:	6456

(1) The vehicle was purchased with funds from a grant made by	6457
the United States secretary of transportation under 49 U.S.C.	6458
5310;	6459

(2) The department of transportation holds a lien on the	6460
vehicle.	6461

Sec. 4766.10. This chapter does not invalidate any ordinance	6462
or resolution adopted by a municipal corporation that establishes	6463
standards for the licensure of emergency medical service	6464
organizations as basic life-support, intermediate life-support, or	6465
advanced life-support service organizations that have their	6466
principal places of business located within the limits of the	6467
municipal corporation, as long as the licensure standards meet or	6468
exceed the standards established in this chapter and the rules	6469
adopted thereunder.	6470

Emergency medical service organizations licensed by a	6471
municipal corporation are subject to the jurisdiction of the ~~Ohio~~	6472
state board of emergency medical, fire, and transportation ~~board~~	6473
services, but the fees they pay to the board for licenses,	6474
permits, and renewals thereof shall not exceed fifty per cent of	6475
the fee amounts established by the board pursuant to section	6476
4766.03 of the Revised Code. The board may choose to waive the	6477
vehicle inspection requirements and inspection fees, but not the	6478
permit fees, for the vehicles of organizations licensed by a	6479
municipal corporation.	6480

Sec. 4766.11. (A) The ~~Ohio~~state board of emergency medical,	6481
fire, and transportation ~~board~~services may investigate alleged	6482
violations of this chapter or the rules adopted under it and may	6483
investigate any complaints received regarding alleged violations.	6484

In addition to any other remedies available and regardless of	6485
whether an adequate remedy at law exists, the board may apply to	6486
the court of common pleas in the county where a violation of any	6487
provision of this chapter or any rule adopted pursuant thereto is	6488
occurring for a temporary or permanent injunction restraining a	6489
person from continuing to commit that violation. On a showing that	6490
a person has committed a violation, the court shall grant the	6491
injunction.	6492

In conducting an investigation under this section, the board	6493
may issue subpoenas compelling the attendance and testimony of	6494
witnesses and the production of books, records, and other	6495
documents pertaining to the investigation. If a person fails to	6496
obey a subpoena from the board, the board may apply to the court	6497
of common pleas in the county where the investigation is being	6498
conducted for an order compelling the person to comply with the	6499
subpoena. On application by the board, the court shall compel	6500
obedience by attachment proceedings for contempt, as in the case	6501
of disobedience of the requirements of a subpoena from the court	6502
or a refusal to testify therein.	6503

(B) The ~~medical transportation~~ board may suspend a license	6504
issued under this chapter without a prior hearing if it determines	6505
that there is evidence that the license holder is subject to	6506
action under this section and that there is clear and convincing	6507
evidence that continued operation by the license holder presents a	6508
danger of immediate and serious harm to the public. The	6509
chairperson and executive director of the board shall make a	6510
preliminary determination and describe the evidence on which they	6511
made their determination to the board members. The board by	6512
resolution may designate another board member to act in place of	6513
the chairperson or another employee to act in place of the	6514
executive director in the event that the chairperson or executive	6515
director is unavailable or unable to act. Upon review of the	6516
allegations, the board, by the affirmative vote of ~~at least four~~a	6517
majority of its members, may suspend the license without a	6518
hearing.	6519

~~Any method of communication, including a telephone conference~~	6520
~~call, may be utilized for describing the evidence to the board~~	6521
~~members, for reviewing the allegations, and for voting on the~~	6522
~~suspension.~~	6523

Immediately following the decision by the board to suspend a	6524
license under this division, the board shall issue a written order	6525
of suspension and cause it to be delivered in accordance with	6526
section 119.07 of the Revised Code. If the license holder subject	6527
to the suspension requests an adjudication hearing by the board,	6528
the date set for the adjudication shall be within fifteen days but	6529
not earlier than seven days after the request unless another date	6530
is agreed to by the license holder and the board.	6531

Any summary suspension imposed under this division remains in	6532
effect, unless reversed by the board, until a final adjudicative	6533
order issued by the board pursuant to this section and Chapter	6534
119. of the Revised Code becomes effective. The board shall issue	6535
its final adjudicative order not less than ninety days after	6536
completion of its adjudication hearing. Failure to issue the order	6537
by that day shall cause the summary suspension order to end, but	6538
such failure shall not affect the validity of any subsequent final	6539
adjudication order.	6540

Sec. 4766.12. If a county, township, joint ambulance	6541
district, or joint emergency medical services district chooses to	6542
have the ~~Ohio~~state board of emergency medical, fire, and	6543
transportation ~~board~~services license its emergency medical	6544
service organizations and issue permits for its vehicles pursuant	6545
to this chapter, except as may be otherwise provided, all	6546
provisions of this chapter and all rules adopted by the board	6547
thereunder are fully applicable. However, a county, township,	6548
joint ambulance district, or joint emergency medical services	6549
district is not required to obtain any type of permit from the	6550
board for any of its nontransport vehicles.	6551

Sec. 4766.13. The ~~Ohio~~state board of emergency medical,	6552
fire, and transportation ~~board~~services, by endorsement, may	6553
license and issue vehicle permits to an emergency medical service	6554
organization or a nonemergency medical service organization that	6555
is regulated by another state. To qualify for a license and	6556
vehicle permits by endorsement, an organization must submit	6557
evidence satisfactory to the board that it has met standards in	6558
another state that are equal to or more stringent than the	6559
standards established by this chapter and the rules adopted under	6560
it.	6561

Sec. 4766.15. (A) An applicant for employment as an	6562
ambulette driver with an organization licensed pursuant to this	6563
chapter shall submit proof to the organization of, or give consent	6564
to the employer to obtain, all of the following:	6565

(1)(a) A valid driver's license issued pursuant to Chapter	6566
4506. or 4507. of the Revised Code, or its equivalent, if the	6567
applicant is a resident of another state;	6568

(b) A recent certified abstract of the applicant's record of	6569
convictions for violations of motor vehicle laws provided by the	6570
registrar of motor vehicles pursuant to section 4509.05 of the	6571
Revised Code, or its equivalent, if the applicant is a resident of	6572
another state.	6573

(2)(a) A certificate of completion of a course in first aid	6574
techniques offered by the American red cross or an equivalent	6575
organization;	6576

(b) A certificate of completion of a course in	6577
cardiopulmonary resuscitation, or its equivalent, offered by an	6578
organization approved by the ~~Ohio~~state board of emergency	6579
medical, fire, and transportation ~~board~~services.	6580

(3) The result of a chemical test or tests of the applicant's	6581
blood, breath, or urine conducted at a hospital or other	6582
institution approved by the board for the purpose of determining	6583
the alcohol, drug of abuse, controlled substance, or metabolite of	6584
a controlled substance content of the applicant's whole blood,	6585
blood serum or plasma, breath, or urine;	6586

(4) The result of a criminal records check conducted by the	6587
bureau of criminal identification and investigation.	6588

(B) An organization may employ an applicant on a temporary	6589
provisional basis pending the completion of all of the	6590
requirements of this section. The length of the provisional period	6591
shall be determined by the board.	6592

(C) An organization licensed pursuant to this chapter shall	6593
use information received pursuant to this section to determine in	6594
accordance with rules adopted by the ~~Ohio~~state board of emergency	6595
medical, fire, and transportation ~~board~~services under section	6596
4766.03 of the Revised Code whether an applicant is disqualified	6597
for employment.	6598

No applicant shall be accepted for permanent employment as an	6599
ambulette driver by an organization licensed pursuant to this	6600
chapter until all of the requirements of division (A) of this	6601
section have been met.	6602

Sec. 4766.22. (A) Not later than forty-five days after the	6603
end of each fiscal year, the ~~Ohio~~state board of emergency	6604
medical, fire, and transportation ~~board~~services shall submit a	6605
report to the governor and general assembly that provides all of	6606
the following information for that fiscal year:	6607

(1) The number of each of the following the board issued:

6608

(a) Basic life-support organization licenses;

6609

(b) Intermediate life-support organization licenses;

6610

6611

(d) Mobile intensive care unit organization licenses;

6612

(e) Ambulette service licenses;

6613

(f) Air medical service organization licenses;

6614

(g) Ambulance permits;

6615

(h) Nontransport vehicle permits;

6616

(i) Ambulette vehicle permits;

6617

(j) Rotorcraft air ambulance permits;

6618

(k) Fixed wing air ambulance permits.

6619

(2) The amount of fees the board collected for issuing and	6620
renewing each type of license and permit specified in division	6621
(A)(1) of this section;	6622

(3) The number of inspections the board or a third party on	6623
the board's behalf conducted in connection with each type of	6624
license and permit specified in division (A)(1) of this section	6625
and the amount of fees the board collected for the inspections;	6626

(4) The number of complaints that were submitted to the	6627
board;	6628

(5) The number of investigations the board conducted under	6629
section 4766.11 of the Revised Code;	6630

(6) The number of adjudication hearings the board held and	6631
the outcomes of the adjudications;	6632

(7) The amount of penalties the board imposed and collected	6633
under section 4766.08 of the Revised Code;	6634

(8) Other information the board determines reflects the	6635
board's operations.	6636

(B) The board shall post the annual report required by this	6637
section on its web site and make it available to the public on	6638
request.	6639

Sec. 5501.03. (A) The department of transportation shall:

6640

(1) Exercise and perform such other duties, powers, and	6641
functions as are conferred by law on the director, the department,	6642
the assistant directors, the deputy directors, or on the divisions	6643
of the department;	6644

(2) Coordinate and develop, in cooperation with local,	6645
regional, state, and federal planning agencies and authorities,	6646
comprehensive and balanced state policy and planning to meet	6647
present and future needs for adequate transportation facilities in	6648
this state, including recommendations for adequate funding of the	6649
implementation of such planning;	6650

(3) Coordinate its activities with those of other appropriate	6651
state departments, public agencies, and authorities, and enter	6652
into any contracts with such departments, agencies, and	6653
authorities as may be necessary to carry out its duties, powers,	6654
and functions;	6655

(4) Cooperate with and assist the public utilities commission	6656
in the commission's administration of sections 4907.47 to 4907.476	6657
of the Revised Code, particularly with respect to the federal	6658
highway administration;	6659

(5) Cooperate with and assist the Ohio power siting board in	6660
the board's administration of Chapter 4906. of the Revised Code;	6661

(6) Give particular consideration to the development of	6662
policy and planning for public transportation facilities, and to	6663
the coordination of associated activities relating thereto, as	6664
prescribed under divisions (A)(2) and (3) of this section;	6665

(7) Conduct, in cooperation with the Ohio legislative service	6666
commission, any studies or comparisons of state traffic laws and	6667
local traffic ordinances with model laws and ordinances that may	6668
be required to meet program standards adopted by the United States	6669
department of transportation pursuant to the "Highway Safety Act	6670
of 1966," 80 Stat. 731, U.S.C.A. 401;	6671

(8) Prepare, print, distribute, and advertise books, maps,	6672
pamphlets, and other information that, in the judgment of the	6673
director, will inform the public and other governmental	6674
departments, agencies, and authorities as to the duties, powers,	6675
and functions of the department;	6676

(9) In its research and development program, consider	6677
technologies for improving roadways, including construction	6678
techniques and materials to prolong project life, being used or	6679
developed by other states that have geographic, geologic, or	6680
climatic features similar to this state's, and collaborate with	6681
those states in that development.	6682

(B) Nothing contained in division (A)(1) of this section	6683
shall be held to in any manner affect, limit, restrict, or	6684
otherwise interfere with the exercise of powers relating to	6685
transportation facilities by appropriate agencies of the federal	6686
government, or by counties, municipal corporations, or other	6687
political subdivisions or special districts in this state	6688
authorized by law to exercise such powers.	6689

(C) The department may use all appropriate sources of revenue	6690
to assist in the development and implementation of rail service as	6691
defined by division (C) of section 4981.01 of the Revised Code.	6692

(D) The director of transportation may enter into contracts	6693
with public agencies including political subdivisions, other state	6694
agencies, boards, commissions, regional transit authorities,	6695
county transit boards, and port authorities, to administer the	6696
design, qualification of bidders, competitive bid letting,	6697
construction inspection, and acceptance of any projects	6698
administered by the department, provided the administration of	6699
such projects is performed in accordance with all applicable state	6700
and federal laws and regulations with oversight by the department.	6701

(E) The director may enter into cooperative or contractual	6702
agreements with any individual, organization, or business related	6703
to the creation or promotion of a traveler information program.	6704
The traveler information program shall provide real-time traffic	6705
conditions and travel time information to travelers by telephone,	6706
text message, internet, or other similar means at no cost to the	6707
traveler. The director may contract with a program manager for the	6708
traveler information program. The program manager shall be	6709
responsible for all costs associated with the development and	6710
operation of the traveler information program. The compensation	6711
due to a program manager or vendor under any of these agreements	6712
may include deferred compensation in an amount determined by the	6713
director. Excess revenue shall be remitted to the department for	6714
deposit into the highway operating fund.	6715

(F) Any materials or data submitted to, made available to, or	6716
received by the director of transportation, to the extent that the	6717
materials or data consist of trade secrets, as defined in section	6718
1333.61 of the Revised Code, or commercial or financial	6719
information, are confidential and are not public records for the	6720
purposes of section 149.43 of the Revised Code.	6721

Sec. 5501.51. (A) The state shall reimburse a utility for	6722
the cost of relocation of utility facilities necessitated by the	6723
construction of a highway project only in the event that the	6724
utility can evidence a vested interest in the nature of a fee	6725
interest, an easement interest, or a lesser estate in the real	6726
property it occupies in the event that the utility possesses a	6727
vested interest in such property. The utility shall present	6728
evidence satisfactory to the state substantiating the cost of	6729
relocation. The director may audit all financial records which the	6730
director determines necessary to verify such actual costs.	6731

(B) The director of transportation may establish and enforce	6732
such rules and procedures as the director may determine to be	6733
necessary to assure consistency governing any and all aspects of	6734
the cost of utility relocations. The director may adopt such	6735
amendments to such rules as are necessary and within the	6736
guidelines of this section.	6737

6738

(1) "Cost of relocation" includes the actual cost paid by a	6739
utility directly attributable to relocation after deducting any	6740
increase in the value of the new facility and any salvage value	6741
derived from the old facility.	6742

(2) "Utility" includes ~~publicly~~all of the following:

6743

(a) Publicly, privately, and cooperatively owned utilities	6744
that are subject to the authority of the public utilities	6745
commission of Ohio~~. "Utility" also includes a~~;	6746

(b) A cable operator as defined in the "Cable Communications	6747
Policy Act of 1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by	6748
the "Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C. 151,	6749
and includes the provision of other information or	6750
telecommunications services, or both~~, and an~~;	6751

(c) An electric cooperative and a municipal electric utility,	6752
both as defined in section 4928.01 of the Revised Code;	6753

(d) County-owned or county-operated water and sewer	6754
facilities.	6755

Sec. 5501.73. (A) After selecting a solicited or unsolicited	6756
proposal for a public-private initiative, the department of	6757
transportation shall enter into a public-private agreement for a	6758
transportation facility with the selected private entity or any	6759
configuration of private entities. An affected jurisdiction may be	6760
a party to a public-private agreement entered into by the	6761
department and a selected private entity or combination of private	6762
entities.	6763

(B) A public-private agreement under this section shall	6764
provide for all of the following:	6765

(1) Planning, acquisition, financing, development, design,	6766
construction, reconstruction, replacement, improvement,	6767
maintenance, management, repair, leasing, or operation of a	6768
transportation facility;	6769

(2) Term of the public-private agreement;

6770

(3) Type of property interest, if any, the private entity	6771
will have in the transportation facility;	6772

(4) A specific plan to ensure proper maintenance of the	6773
transportation facility throughout the term of the agreement and a	6774
return of the facility to the department, if applicable, in good	6775
condition and repair;	6776

(5) Whether user fees will be collected on the transportation	6777
facility and the basis by which such user fees shall be determined	6778
and modified;	6779

(6) Compliance with applicable federal, state, and local	6780
laws;	6781

(7) Grounds for termination of the public-private agreement	6782
by the department or operator;	6783

(8) Disposition of the facility upon completion of the	6784
agreement;	6785

(9) Procedures for amendment of the agreement.

6786

(C) A public-private agreement under this section may provide	6787
for any of the following:	6788

(1) Review and approval by the department of the operator's	6789
plans for the development and operation of the transportation	6790
facility;	6791

(2) Inspection by the department of construction of or	6792
improvements to the transportation facility;	6793

(3) Maintenance by the operator of a policy of liability	6794
insurance or self-insurance;	6795

(4) Filing by the operator, on a periodic basis, of	6796
appropriate financial statements in a form acceptable to the	6797
department;	6798

(5) Filing by the operator, on a periodic basis, of traffic	6799
reports in a form acceptable to the department;	6800

(6) Financing obligations of the operator and the department;

6801

(7) Apportionment of expenses between the operator and the	6802
department;	6803

(8) Rights and duties of the operator, the department, and	6804
other state and local governmental entities with respect to use of	6805
the transportation facility;	6806

(9) Rights and remedies available in the event of default or	6807
delay;	6808

(10) Terms and conditions of indemnification of the operator	6809
by the department;	6810

(11) Assignment, subcontracting, or other delegation of	6811
responsibilities of the operator or the department under the	6812
agreement to third parties, including other private entities and	6813
other state agencies;	6814

(12) Sale or lease to the operator of private property	6815
related to the transportation facility;	6816

(13) Traffic enforcement and other policing issues, including	6817
any reimbursement by the private entity for such services.	6818

(D)(1) The director of transportation may include in any	6819
public-private agreement under sections 5501.70 to 5501.83 of the	6820
Revised Code a provision authorizing a binding dispute resolution	6821
method for any controversy subsequently arising out of the	6822
contract. The binding dispute resolution method may proceed only	6823
upon agreement of all parties to the controversy. If all parties	6824
do not agree to proceed to a binding dispute resolution, a party	6825
having a claim against the department shall exhaust its	6826
administrative remedies specified in the public-private agreement	6827
prior to filing any action against the department in the court of	6828
claims.	6829

No appeal from the determination of a technical expert lies	6830
to any court, except that the court of common pleas of Franklin	6831
County may issue an order vacating such a determination upon the	6832
application of any party to the binding dispute resolution if any	6833
of the following applies:	6834

(a) The determination was procured by corruption, fraud, or	6835
undue means.	6836

(b) There was evidence of partiality or corruption on the	6837
part of the technical expert.	6838

(c) The technical expert was guilty of misconduct in refusing	6839
to postpone the hearing, upon sufficient cause shown, or in	6840
refusing to hear evidence pertinent and material to the	6841
controversy, or of any other misbehavior by which the rights of	6842
any party have been prejudiced.	6843

(2) As used in this division, "binding dispute resolution"	6844
means a binding determination after review by a technical expert	6845
of all relevant items, which may include documents, and by	6846
interviewing appropriate personnel and visiting the project site	6847
involved in the controversy. "Binding dispute resolution" does not	6848
involve representation by legal counsel or advocacy by any person	6849
on behalf of any party to the controversy.	6850

(E) No public-private agreement entered into under this	6851
section shall be construed to transfer to a private entity the	6852
director's authority to appropriate property under Chapters 163.,	6853
5501., and 5519. of the Revised Code.	6854

Sec. 5501.77. (A) For the purposes of carrying out sections	6855
5501.70 to 5501.83 of the Revised Code, the department of	6856
transportation may do all of the following:	6857

(1) Accept, subject to applicable terms and conditions,	6858
available funds from the United States or any of its agencies,	6859
whether the funds are made available by grant, loan, or other	6860
financial assistance;	6861

(2) Enter into agreements or other arrangements with the	6862
United States or any of its agencies as may be necessary;	6863

(3) For the purpose of completing a transportation facility	6864
under an agreement, accept from any source any grant, donation,	6865
gift, or other form of conveyance of land, money, other real or	6866
personal property, or other item of value made to the state or the	6867
department.	6868

(B) Any transportation facility may be financed in whole or	6869
in part by contribution of any funds or property made by any	6870
private entity or affected jurisdiction that is party to a	6871
public-private agreement under sections 5501.70 to 5501.83 of the	6872
Revised Code.	6873

(C) The department may use federal, state, local, and private	6874
funds to finance a transportation facility under sections 5501.70	6875
to 5501.83 of the Revised Code and shall comply with any	6876
requirements and restrictions governing the use of the funds,	6877
including maintaining the funds separately when necessary.	6878

(D) The director of transportation, in accordance with	6879
Chapter 119. of the Revised Code, may adopt such rules as the	6880
director considers advisable for the control and regulation of	6881
traffic on any transportation facility subject to a public-private	6882
agreement, for the protection and preservation of the	6883
transportation facility, for the maintenance and preservation of	6884
good order within the transportation facility, and for the purpose	6885
of establishing vehicle owner or operator liability for avoidance	6886
of user fees. The rules shall provide that public police officers	6887
shall be afforded ready access, while in the performance of their	6888
official duties, to the transportation facility without the	6889
payment of user fees.	6890

(1) No person shall violate any rules of the department of	6891
transportation adopted under this division.	6892

(2)(a) All fines collected for the violation of applicable	6893
laws of the state and the rules of the department of	6894
transportation or money arising from bonds forfeited for such	6895
violation shall be disposed of in accordance with section 5503.04	6896
of the Revised Code.	6897

(b) All fees or charges assessed by the department of	6898
transportation or a public-private operator in accordance with	6899
this section against an owner or operator of a vehicle as a civil	6900
violation for failure to comply with toll collection rules shall	6901
be revenues of the department or public-private operator as set	6902
forth in the public-private agreement.	6903

(E)(1) Except as provided in division (E)(2) of this section,	6904
whoever violates division (D)(1) of this section is guilty of a	6905
minor misdemeanor on a first offense; on each subsequent offense	6906
such person is guilty of a misdemeanor of the fourth degree.	6907

(2) Whoever violates division (D)(1) of this section when the	6908
violation is a civil violation for failure to comply with toll	6909
collection rules is subject to a fee or charge established by the	6910
department by rule.	6911

Sec. 5502.01. (A) The department of public safety shall	6912
administer and enforce the laws relating to the registration,	6913
licensing, sale, and operation of motor vehicles and the laws	6914
pertaining to the licensing of drivers of motor vehicles.	6915

The department shall compile, analyze, and publish statistics	6916
relative to motor vehicle accidents and the causes of them,	6917
prepare and conduct educational programs for the purpose of	6918
promoting safety in the operation of motor vehicles on the	6919
highways, and conduct research and studies for the purpose of	6920
promoting safety on the highways of this state.	6921

(B) The department shall administer the laws and rules	6922
relative to trauma and emergency medical services specified in	6923
Chapter 4765. of the Revised Code and any laws and rules relative	6924
to commercial medical transportation services as may be specified	6925
in Chapter 4766. of the Revised Code.	6926

(C) The department shall administer and enforce the laws	6927
contained in Chapters 4301. and 4303. of the Revised Code and	6928
enforce the rules and orders of the liquor control commission	6929
pertaining to retail liquor permit holders.	6930

(D) The department shall administer the laws governing the	6931
state emergency management agency and shall enforce all additional	6932
duties and responsibilities as prescribed in the Revised Code	6933
related to emergency management services.	6934

(E) The department shall conduct investigations pursuant to	6935
Chapter 5101. of the Revised Code in support of the duty of the	6936
department of job and family services to administer the	6937
supplemental nutrition assistance program throughout this state.	6938
The department of public safety shall conduct investigations	6939
necessary to protect the state's property rights and interests in	6940
the supplemental nutrition assistance program.	6941

(F) The department of public safety shall enforce compliance	6942
with orders and rules of the public utilities commission and	6943
applicable laws in accordance with Chapters 4905., 4921., and	6944
4923. of the Revised Code regarding commercial motor vehicle	6945
transportation safety, economic, and hazardous materials	6946
requirements.	6947

(G) Notwithstanding Chapter 4117. of the Revised Code, the	6948
department of public safety may establish requirements for its	6949
enforcement personnel, including its enforcement agents described	6950
in section 5502.14 of the Revised Code, that include standards of	6951
conduct, work rules and procedures, and criteria for eligibility	6952
as law enforcement personnel.	6953

(H) The department shall administer, maintain, and operate	6954
the Ohio criminal justice network. The Ohio criminal justice	6955
network shall be a computer network that supports state and local	6956
criminal justice activities. The network shall be an electronic	6957
repository for various data, which may include arrest warrants,	6958
notices of persons wanted by law enforcement agencies, criminal	6959
records, prison inmate records, stolen vehicle records, vehicle	6960
operator's licenses, and vehicle registrations and titles.	6961

(I) The department shall coordinate all homeland security	6962
activities of all state agencies and shall be a liaison between	6963
state agencies and local entities for those activities and related	6964
purposes.	6965

(J) Beginning July 1, 2004, the department shall administer	6966
and enforce the laws relative to private investigators and	6967
security service providers specified in Chapter 4749. of the	6968
Revised Code.	6969

(K) The department shall administer criminal justice services	6970
in accordance with sections 5502.61 to 5502.66 of the Revised	6971
Code.	6972

Sec. 5503.01. There is hereby created in the department of	6973
public safety a division of state highway patrol which shall be	6974
administered by a superintendent of the state highway patrol.	6975

The superintendent shall be appointed by the director of	6976
public safety, and shall serve at the director's pleasure. The	6977
superintendent shall hold the rank of colonel and be appointed	6978
from within the eligible ranks of the patrol. The superintendent	6979
shall give bond for the faithful performance of the	6980
superintendent's official duties in such amount and with such	6981
security as the director approves.	6982

The superintendent, with the approval of the director, may	6983
appoint any number of state highway patrol troopers and radio	6984
operators as are necessary to carry out sections 5503.01 to	6985
5503.06 of the Revised Code, but the number of troopers shall not	6986
be less than eight hundred eighty. The number of radio operators	6987
shall not exceed eighty in number. Except as provided in this	6988
section, at the time of appointment, troopers shall be not less	6989
than twenty-one years of age, nor have reached thirty-five years	6990
of age. A person who is attending a training school for	6991
prospective state highway patrol troopers established under	6992
section 5503.05 of the Revised Code and attains the age of	6993
thirty-five years during the person's period of attendance at that	6994
training school shall not be disqualified as over age and shall be	6995
permitted to continue to attend the training school as long as the	6996
person otherwise is eligible to do so. Such a person also remains	6997
eligible to be appointed a trooper. Any other person who attains	6998
or will attain the age of thirty-five years prior to the time of	6999
appointment shall be disqualified as over age.	7000

At the time of appointment, troopers shall have been legal	7001
residents of Ohio for at least one year, except that this	7002
residence requirement may be waived by the superintendent.	7003

If any state highway patrol troopers become disabled through	7004
accident or illness, the superintendent, with the approval of the	7005
director, shall fill any vacancies through the appointment of	7006
other troopers from a qualified list to serve during the period of	7007
the disability.	7008

The superintendent and state highway patrol troopers shall be	7009
vested with the authority of peace officers for the purpose of	7010
enforcing the laws of the state that it is the duty of the patrol	7011
to enforce and may arrest, without warrant, any person who, in the	7012
presence of the superintendent or any trooper, is engaged in the	7013
violation of any such laws. The state highway patrol troopers	7014
shall never be used as peace officers in connection with any	7015
strike or labor dispute.	7016

Each state highway patrol trooper and radio operator, upon	7017
appointment and before entering upon official duties, shall take	7018
an oath of office for faithful performance of the trooper's or	7019
radio operator's official duties and execute a bond in the sum of	7020
twenty-five hundred dollars, payable to the state and for the use	7021
and benefit of any aggrieved party who may have a cause of action	7022
against any trooper or radio operator for misconduct while in the	7023
performance of official duties. In no event shall the bond include	7024
any claim arising out of negligent operation of a motorcycle or	7025
motor vehicle used by a trooper or radio operator in the	7026
performance of official duties.	7027

The superintendent shall prescribe a distinguishing uniform	7028
and badge which shall be worn by each state highway patrol trooper	7029
and radio operator while on duty, unless otherwise designated by	7030
the superintendent. No person shall wear the distinguishing	7031
uniform of the state highway patrol or the badge or any	7032
distinctive part of that uniform, except on order of the	7033
superintendent.	7034

The superintendent, with the approval of the director, may	7035
appoint necessary clerks, stenographers, and employees.	7036

Sec. 5503.03. The state highway patrol and the	7037
superintendent of the state highway patrol shall be furnished by	7038
the state with such vehicles, equipment, and supplies as the	7039
director of public safety deems necessary, all of which shall	7040
remain the property of the state and be strictly accounted for by	7041
each member of the patrol.	7042

The patrol may be equipped with standardized and tested	7043
devices for weighing vehicles, and may stop and weigh any vehicle	7044
which appears to weigh in excess of the amounts permitted by	7045
sections 5577.01 to 5577.14 of the Revised Code.	7046

The superintendent, with the approval of the director, shall	7047
prescribe rules for instruction and discipline, make all	7048
administrative rules, and fix the hours of duty for patrol	7049
officers. HeThe superintendent shall divide the state into	7050
districts and assign members of the patrol to such districts in a	7051
manner that hethe superintendent deems proper. HeThe	7052
superintendent may transfer members of the patrol from one	7053
district to another, ~~and classify~~ and rank members of the patrol.	7054
All ranks below the level of superintendent shall be classified.	7055
All promotions to a higher grade shall be made from the next lower	7056
grade. When a patrol officer is promoted by the superintendent,	7057
the officer's salary shall be increased to that of the lowest step	7058
in the pay range for the new grade which shall increase the	7059
officer's salary or wage by at least nine per cent of the base pay	7060
wherever possible.	7061

Sec. 5503.04. Forty-five per cent of the fines collected	7062
from or moneys arising from bail forfeited by persons apprehended	7063
or arrested by state highway patrol troopers shall be paid into	7064
the state treasury to be credited to the general revenue fund,	7065
five per cent shall be paid into the state treasury to be credited	7066
to the trauma and emergency medical services fund created by	7067
section 4513.263 of the Revised Code, and fifty per cent shall be	7068
paid into the treasury of the municipal corporation where the case	7069
is prosecuted, if in a mayor's court. If the prosecution is in a	7070
trial court outside a municipal corporation, or outside the	7071
territorial jurisdiction of a municipal court, the fifty per cent	7072
of the fines and moneys that is not paid into the state treasury	7073
shall be paid into the treasury of the county where the case is	7074
prosecuted. The fines and moneys paid into a county treasury and	7075
the fines and moneys paid into the treasury of a municipal	7076
corporation shall be deposited one-half to the same fund and	7077
expended in the same manner as is the revenue received from the	7078
registration of motor vehicles, and one-half to the general fund	7079
of such county or municipal corporation.	7080

If the prosecution is in a municipal court, forty-five per	7081
cent of the fines and moneys shall be paid into the state treasury	7082
to be credited to the general revenue fund, five per cent shall be	7083
paid into the state treasury to be credited to the trauma and	7084
emergency medical services ~~grants~~ fund created by division (E) of	7085
section 4513.263 of the Revised Code, ten per cent shall be paid	7086
into the county treasury to be credited to the general fund of the	7087
county, and forty per cent shall be paid into the municipal	7088
treasury to be credited to the general fund of the municipal	7089
corporation. In the Auglaize county, Clermont county, Crawford	7090
county, Hocking county, Jackson county, Lawrence county, Madison	7091
county, Miami county, Ottawa county, Portage county, and Wayne	7092
county municipal courts, that portion of money otherwise paid into	7093
the municipal treasury shall be paid into the county treasury.	7094

The trial court shall make remittance of the fines and moneys	7095
as prescribed in this section, and at the same time as the	7096
remittance is made of the state's portion to the state treasury,	7097
the trial court shall notify the superintendent of the state	7098
highway patrol of the case and the amount covered by the	7099
remittance.	7100

This section does not apply to fines for violations of	7101
division (B) of section 4513.263 of the Revised Code, or for	7102
violations of any municipal ordinance that is substantively	7103
comparable to that division, all of which shall be delivered to	7104
the treasurer of state as provided in division (E) of section	7105
4513.263 of the Revised Code.	7106

Sec. 5515.01. (A) The director of transportation ~~may~~, upon	7107
formal application being made to the director, may grant a permit	7108
to any individual, firm, or corporation to use or occupy such	7109
portion of a road or highway on the state highway system as will	7110
not incommode the traveling public. Such permits, when granted,	7111
shall be upon the following conditions:	7112

~~(A)~~(1) The director may issue a permit to any individual,	7113
firm, or corporation for any use of a road or highway on the state	7114
highway system that is consistent with applicable federal law or	7115
federal regulations.	7116

~~(B)~~(2) Such location shall be changed as prescribed by the	7117
director when the director deems such change necessary for the	7118
convenience of the traveling public, or in connection with or	7119
contemplation of, the construction, reconstruction, improvement,	7120
relocating, maintenance, or repair of such road or highway.	7121

~~(C)~~(3) The placing of objects or things shall be at a grade	7122
and in accordance with such plans, specifications, or both, as	7123
shall be first approved by the director.	7124

~~(D)~~(4) The road or highway in all respects shall be fully	7125
restored to its former condition of usefulness and at the expense	7126
of such individual, firm, or corporation.	7127

~~(E)~~(5) Such individual, firm, or corporation shall maintain	7128
all objects and things in a proper manner, promptly repair all	7129
damages resulting to such road or highway on account thereof, and	7130
in event of failure to so repair such road or highway to pay to	7131
the state all costs and expenses that may be expended by the	7132
director in repairing any damage.	7133

~~(F)~~(6) Such other conditions as may seem reasonable to the	7134
director, ~~but no condition shall be prescribed that imposes the~~	7135
~~payment of a money consideration for the privilege granted~~	7136
including payment of a reasonable one-time access permit	7137
processing fee not exceeding thirty dollars for agricultural	7138
access, seventy dollars for residential access, and three hundred	7139
dollars for commercial or industrial access. Nothing in this	7140
division prohibits the director from requiring payment of money	7141
consideration for a lease, easement, license, or other interest in	7142
a transportation facility under control of the department of	7143
transportation.	7144

~~(G)~~(7) Permits may be revoked by the director at any time for	7145
a noncompliance with the conditions imposed.	7146

~~(H)~~(8) As a condition precedent to the issuance of any permit	7147
for telecommunications facilities or carbon capture and storage	7148
pipelines, the director shall require the applicant to provide	7149
proof it is party to a lease, easement, or license for the	7150
construction, placement, or operation of such facility or pipeline	7151
in or on a transportation facility.	7152

(B) Except as otherwise provided in this section and section	7153
5501.311 of the Revised Code, Chapters 5501., 5503., 5511., 5513.,	7154
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,	7155
5529., 5531., 5533., and 5535. of the Revised Code do not prohibit	7156
telephone and electric light and power companies from	7157
constructing, maintaining, and using telephone or electric light	7158
and power lines along and upon such roads or highways under	7159
section 4933.14 or other sections of the Revised Code, or to	7160
affect existing rights of any such companies, or to require such	7161
companies to obtain a permit from the director, except with	7162
respect to the location of poles, wires, conduits, and other	7163
equipment comprising lines on or beneath the surface of such road	7164
or highways.	7165

(C) This section does not prohibit steam or electric railroad	7166
companies from constructing tracks across such roads or highways,	7167
nor authorize the director to grant permission to any company	7168
owning, operating, controlling, or managing a steam railroad or	7169
interurban railway in this state to build a new line of railroad,	7170
or to change or alter the location of existing tracks across any	7171
road or highway on the state highway system at grade. No such	7172
company shall change the elevation of any of its tracks across	7173
such road or highway except in accordance with plans and	7174
specifications first approved by the director.	7175

(D) This section does not relieve any individual, firm, or	7176
corporation from the obligation of satisfying any claim or demand	7177
of an owner of lands abutting on such road or highway on the state	7178
highway system on account of placing in such road or highway a	7179
burden in addition to public travel.	7180

Sec. 5517.02. (A) Before undertaking the construction,	7181
reconstruction by widening or resurfacing, or improvement of a	7182
state highway, or a bridge or culvert thereon, or the installation	7183
of a traffic control signal on a state highway, the director of	7184
transportation, except as provided in section 5517.021 of the	7185
Revised Code, shall make an estimate of the cost of the work using	7186
the force account project assessment form developed by the auditor	7187
of state under section 117.16 of the Revised Code. In	7188
~~constructing, or reconstructing by widening or resurfacing,~~	7189
~~improving, maintaining, and repairing state highways, and the~~	7190
~~bridges and culverts thereon, and in installing, maintaining, and~~	7191
~~repairing traffic control signals on state highways, the director,~~	7192
~~except as provided in division (B) of this section, shall proceed~~	7193
~~by contract let to the lowest competent and responsible bidder,~~	7194
~~after advertisement as provided in section 5525.01 of the Revised~~	7195
~~Code~~When a force account project assessment form is required, the	7196
estimate shall include costs for subcontracted work and any	7197
competitively bid component costs.	7198

(B)(1) ~~Where the work contemplated is the construction of a~~	7199
~~bridge or culvert, or the installation of a traffic control~~	7200
~~signal, estimated to cost not more than fifty thousand dollars,~~	7201
~~the director may proceed by employing labor, purchasing materials,~~	7202
~~and furnishing equipment.~~	7203

~~(2) The~~After complying with division (A) of this section,	7204
the director may ~~also~~ proceed without competitive bidding with	7205
maintenance or repair work by employing labor, purchasing	7206
materials, and furnishing equipment, ~~provided~~if the total	7207
estimated cost of the completed operation, or series of connected	7208
operations, does not exceed ~~twenty-five~~the following, as adjusted	7209
under division (B)(2) of this section:	7210

(a) Thirty thousand dollars per centerline mile of highway,	7211
exclusive of structures and traffic control signals~~, or fifty~~;	7212

(b) Sixty thousand dollars for any single ~~structure or~~	7213
traffic control signal or any other single project.	7214

~~(3)~~(2) On the first day of July of every odd-numbered year	7215
beginning in 2015, the director shall increase the amounts	7216
established in division (B)(1) of this section by an amount not to	7217
exceed the lesser of three per cent, or the percentage amount of	7218
any increase in the department of transportation's construction	7219
cost index as annualized and totaled for the prior two calendar	7220
years. The director shall publish the applicable amounts on the	7221
department's internet web site.	7222

(C) The director may proceed by furnishing equipment,	7223
purchasing materials, and employing labor in the erection of	7224
temporary bridges or the making of temporary repairs to a highway	7225
or bridge rendered necessary by flood, landslide, or other	7226
extraordinary emergency. If the director determines inability to	7227
complete such emergency work by force account, the director may	7228
contract for any part of the work, with or without advertising for	7229
bids, as the director considers for the best interest of the	7230
department of transportation.	7231

(D) When a project proceeds by force account under this	7232
section or section 5517.021 of the Revised Code, the department of	7233
transportation shall perform the work in compliance with any	7234
project requirements and specifications that would have applied if	7235
a contract for the work had been let by competitive bidding. The	7236
department shall retain in the project record all records	7237
documenting materials testing compliance, materials placement	7238
compliance, actual personnel and equipment hours usage, and all	7239
other documentation that would have been required if a contract	7240
for the work had been let by competitive bidding.	7241

(E) The director shall proceed by competitive bidding to let	7242
work to the lowest competent and responsible bidder after	7243
advertisement as provided in section 5525.01 of the Revised Code	7244
in both of the following situations:	7245

(1) When the scope of work exceeds the limits established in	7246
section 5517.021 of the Revised Code;	7247

(2) When the estimated cost for a project, other than work	7248
described in section 5517.021 of the Revised Code, exceeds the	7249
amounts established in division (B) of this section, as adjusted.	7250

Sec. 5517.021. (A)(1) The director of transportation may	7251
proceed without competitive bidding by employing labor, purchasing	7252
materials, and furnishing equipment to do any of the following	7253
work:	7254

(a) Replace any single span bridge in its substantial	7255
entirety or widen any single span bridge, including necessary	7256
modifications to accommodate widening the existing substructure	7257
and wing walls. The director shall proceed under division	7258
(A)(1)(a) of this section only if the deck area of the new or	7259
widened bridge does not exceed seven hundred square feet as	7260
measured around the outside perimeter of the deck.	7261

(b) Replace the bearings, beams, and deck of any bridge on	7262
that bridge's existing foundation if the deck area of the	7263
rehabilitated structure does not exceed eight hundred square feet;	7264

(c) Construct or replace any single cell or multi-cell	7265
culvert whose total waterway opening does not exceed fifty-two	7266
square feet;	7267

(d) Pave or patch an asphalt surface if the operation does	7268
not exceed one hundred twenty tons of asphalt per lane-mile of	7269
roadway length, except that the department shall not perform a	7270
continuous resurfacing operation under this section if the cost of	7271
the work exceeds the amount established in division (B)(1)(a) of	7272
section 5517.02 of the Revised Code, as adjusted.	7273

(2) Work performed in accordance with division (A)(1) of this	7274
section may include approach roadway work, extending not more than	7275
one hundred fifty feet as measured from the back side of the	7276
bridge abutment wall or outside edge of the culvert, as	7277
applicable. The length of an approach guardrail shall be in	7278
accordance with department of transportation design requirements	7279
and shall not be included in the approach work size limitation.	7280

(B) The requirements of section 117.16 of the Revised Code	7281
shall not apply to work described in division (A) of this section	7282
and the work shall be exempt from audit for force account purposes	7283
except to determine compliance with the applicable size or tonnage	7284
restrictions.	7285

Sec. 5525.01. Before entering into a contract, the director	7286
of transportation shall advertise for bids for two consecutive	7287
weeks in one newspaper of general circulation published in the	7288
county in which the improvement or part thereof is located, but if	7289
there is no such newspaper then in one newspaper having general	7290
circulation in an adjacent county. In the alternative, the	7291
director may advertise for bids as provided in section 7.16 of the	7292
Revised Code. The director may advertise for bids in such other	7293
publications as the director considers advisable. Such notices	7294
shall state that plans and specifications for the improvement are	7295
on file in the office of the director and the district deputy	7296
director of the district in which the improvement or part thereof	7297
is located and the time within which bids therefor will be	7298
received.	7299

Each bidder shall be required to file with the bidder's bid a	7300
bid guaranty in the form of a certified check, a cashier's check,	7301
or an electronic funds transfer to the treasurer of state that is	7302
evidenced by a receipt or by a certification to the director of	7303
transportation in a form prescribed by the director that an	7304
electronic funds transfer has been made to the treasurer of state,	7305
for an amount equal to five per cent of the bidder's bid, but in	7306
no event more than fifty thousand dollars, or a bid bond for ten	7307
per cent of the bidder's bid, payable to the director, which	7308
check, transferred sum, or bond shall be forthwith returned to the	7309
bidder in case the contract is awarded to another bidder, or, in	7310
case of a successful bidder, when the bidder has entered into a	7311
contract and furnished the bonds required by section 5525.16 of	7312
the Revised Code. In the event the contract is awarded to a	7313
bidder, and the bidder fails or refuses to furnish the bonds as	7314
required by section 5525.16 of the Revised Code, the check,	7315
transferred sum, or bid bond filed with the bidder's bid shall be	7316
forfeited as liquidated damages. No bidder shall be required	7317
either to file a signed contract with the bidder's bid, to enter	7318
into a contract, or to furnish the contract performance bond and	7319
the payment bond required by that section until the bids have been	7320
opened and the bidder has been notified by the director that the	7321
bidder is awarded the contract.	7322

The director shall permit a bidder to withdraw the bidder's	7323
bid from consideration, without forfeiture of the check,	7324
transferred sum, or bid bond filed with the bid, providing a	7325
written request together with a sworn statement of the grounds for	7326
such withdrawal is delivered within forty-eight hours after the	7327
time established for the receipt of bids, and if the price bid was	7328
substantially lower than the other bids, providing the bid was	7329
submitted in good faith, and the reason for the price bid being	7330
substantially lower was a clerical mistake evident on the face of	7331
the bid, as opposed to a judgment mistake, and was actually due to	7332
an unintentional and substantial arithmetic error or an	7333
unintentional omission of a substantial quantity of work, labor,	7334
or material made directly in the compilation of the bid. In the	7335
event the director decides the conditions for withdrawal have not	7336
been met, the director may award the contract to such bidder. If	7337
such bidder does not then enter into a contract and furnish the	7338
contract bond as required by law, the director may declare	7339
forfeited the check, transferred sum, or bid bond as liquidated	7340
damages and award the contract to the next higher bidder or reject	7341
the remaining bids and readvertise the project for bids. Such	7342
bidder ~~may~~, within thirty days, may appeal the decision of the	7343
director to the court of common pleas of Franklin county and the	7344
court may affirm or reverse the decision of the director and may	7345
order the director to refund the amount of the forfeiture. At the	7346
hearing before the common pleas court evidence may be introduced	7347
for and against the decision of the director. The decision of the	7348
common pleas court may be appealed as in other cases.	7349

There is hereby created the ODOT letting fund, which shall be	7350
in the custody of the treasurer of state but shall not be part of	7351
the state treasury. All certified checks and cashiers' checks	7352
received with bidders' bids, and all sums transferred to the	7353
treasurer of state by electronic funds transfer in connection with	7354
bidders' bids, under this section shall be credited to the fund.	7355
All such bid guaranties shall be held in the fund until a	7356
determination is made as to the final disposition of the money. If	7357
the department determines that any such bid guaranty is no longer	7358
required to be held, the amount of the bid guaranty shall be	7359
returned to the appropriate bidder. If the department determines	7360
that a bid guaranty under this section shall be forfeited, the	7361
amount of the bid guaranty shall be transferred or, in the case of	7362
money paid on a forfeited bond, deposited into the state treasury,	7363
to the credit of the highway operating fund. Any investment	7364
earnings of the ODOT letting fund shall be distributed as the	7365
treasurer of state considers appropriate.	7366

The director shall require all bidders to furnish the	7367
director, upon such forms as the director may prescribe, detailed	7368
information with respect to all pending work of the bidder,	7369
whether with the department of transportation or otherwise,	7370
together with such other information as the director considers	7371
necessary.	7372

In the event a bidder fails to submit anything required to be	7373
submitted with the bid and then fails or refuses to so submit such	7374
at the request of the director, the failure or refusal constitutes	7375
grounds for the director, in the director's discretion, to declare	7376
as forfeited the bid guaranty submitted with the bid.	7377

The director may reject any or all bids. Except in regard to	7378
contracts for environmental remediation and specialty work for	7379
which there are no classes of work set out in the rules adopted by	7380
the director, if the director awards the contract, the director	7381
shall award it to the lowest competent and responsible bidder as	7382
defined by rules adopted by the director under section 5525.05 of	7383
the Revised Code, who is qualified to bid under sections 5525.02	7384
to 5525.09 of the Revised Code. In regard to contracts for	7385
environmental remediation and specialty work for which there are	7386
no classes of work set out in the rules adopted by the director,	7387
the director shall competitively bid the projects in accordance	7388
with this chapter and shall award the contracts to the lowest and	7389
best bidder.	7390

The award for all projects competitively let by the director	7391
under this section shall be made within ten days after the date on	7392
which the bids are opened, and the successful bidder shall enter	7393
into a contract and furnish a contract performance bond and a	7394
payment bond, as provided for in section 5525.16 of the Revised	7395
Code, within ten days after the bidder is notified that the bidder	7396
has been awarded the contract.	7397

The director may insert in any contract awarded under this	7398
chapter a clause providing for value engineering change proposals,	7399
under which a contractor who has been awarded a contract may	7400
propose a change in the plans and specifications of the project	7401
that saves the department time or money on the project without	7402
impairing any of the essential functions and characteristics of	7403
the project such as service life, reliability, economy of	7404
operation, ease of maintenance, safety, and necessary standardized	7405
features. If the director adopts the value engineering proposal,	7406
the savings from the proposal shall be divided between the	7407
department and the contractor according to guidelines established	7408
by the director, provided that the contractor shall receive at	7409
least fifty per cent of the savings from the proposal. The	7410
adoption of a value engineering proposal does not invalidate the	7411
award of the contract or require the director to rebid the	7412
project.	7413

Sec. 5525.16. (A) Before entering into a contract, the	7414
director of transportation shall require a contract performance	7415
bond and a payment bond with sufficient sureties, as follows:	7416

(1) A contract performance bond in an amount equal to one	7417
hundred per cent of the ~~estimated cost of the work~~contract	7418
amount, conditioned, among other things, that the contractor will	7419
perform the work upon the terms proposed, within the time	7420
prescribed, and in accordance with the plans and specifications,	7421
will indemnify the state against any damage that may result from	7422
any failure of the contractor to so perform, and, further, in case	7423
of a grade separation will indemnify any railroad company involved	7424
against any damage that may result by reason of the negligence of	7425
the contractor in making the improvement.	7426

(2) A payment bond in an amount equal to one hundred per cent	7427
of the ~~estimated cost of the work~~contract amount, conditioned for	7428
the payment by the contractor and all subcontractors for labor or	7429
work performed or materials furnished in connection with the work,	7430
improvement, or project involved.	7431

(B) In no case is the state liable for damages sustained in	7432
the construction of any work, improvement, or project under this	7433
chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,	7434
5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and	7435
5535. of the Revised Code.	7436

This section does not require the director to take bonds as	7437
described in division (A) of this section in connection with any	7438
force account work, but the director may require those bonds in	7439
connection with force account work.	7440

If any bonds taken under this section are executed by a	7441
surety company, the director may not approve such bonds unless	7442
there is attached a certificate of the superintendent of insurance	7443
that the company is authorized to transact business in this state,	7444
and a copy of the power of attorney of the agent of the company.	7445
The superintendent, upon request, shall issue to any licensed	7446
agent of such company the certificate without charge.	7447

The bonds required to be taken under this section shall be	7448
executed by the same surety, approved by the director as to	7449
sufficiency of the sureties, and be in the form prescribed by the	7450
attorney general.	7451

(C) Any person to whom any money is due for labor or work	7452
performed or materials furnished in connection with a work,	7453
improvement, or project, at any time after performing the labor or	7454
furnishing the materials but not later than ninety days after the	7455
acceptance of the work, improvement, or project by the director,	7456
may furnish to the sureties on the payment bond a statement of the	7457
amount due the person. If the indebtedness is not paid in full at	7458
the expiration of sixty days after the statement is furnished, the	7459
person may commence an action in the person's own name upon the	7460
bond as provided in sections 2307.06 and 2307.07 of the Revised	7461
Code.	7462

An action shall not be commenced against the sureties on a	7463
payment bond until sixty days after the furnishing of the	7464
statement described in this section or, notwithstanding section	7465
2305.12 of the Revised Code, later than one year after the date of	7466
the acceptance of the work, improvement, or project.	7467

(D) As used in this section, "improvement," "subcontractor,"	7468
"material supplier," and "materials" have the same meanings as in	7469
section 1311.01 of the Revised Code, and "contractor" has the same	7470
meaning as "original contractor" as defined in that section.	7471

Sec. 5553.051. The board of county commissioners may	7472
establish a reasonable fee to cover the costs the county incurs in	7473
proceedings to vacate a public road as provided in this chapter,	7474
including the costs the county incurs in providing published	7475
notice and mailed notice as required by section 5553.05 of the	7476
Revised Code. The board may require an initial deposit to be paid	7477
at the time a petition for vacation of a road is filed under	7478
section 5553.04 of the Revised Code or promptly thereafter. The	7479
clerk of the board shall maintain an accurate and detailed	7480
accounting of all funds received and expended in the processing of	7481
a petition for vacation of a road.	7482

Sec. 5577.04. (A) The maximum wheel load of any one wheel of	7483
any vehicle, trackless trolley, load, object, or structure	7484
operated or moved upon improved public highways, streets, bridges,	7485
or culverts shall not exceed six hundred fifty pounds per inch	7486
width of pneumatic tire, measured as prescribed by section 5577.03	7487
of the Revised Code.	7488

(B) The weight of vehicle and load imposed upon a road	7489
surface that is part of the interstate system by vehicles with	7490
pneumatic tires shall not exceed any of the following weight	7491
limitations:	7492

(1) On any one axle, twenty thousand pounds;

7493

(2) On any tandem axle, thirty-four thousand pounds;

7494

(3) On any two or more consecutive axles, the maximum weight	7495
as determined by application of the formula provided in division	7496
(C) of this section.	7497

(C) For purposes of division (B)(3) of this section, the	7498
maximum gross weight on any two or more consecutive axles shall be	7499
determined by application of the following formula:	7500

W = 500((LN/N-1) + 12N +36).

7501

In this formula, W equals the overall gross weight on any	7502
group of two or more consecutive axles to the nearest five hundred	7503
pounds, L equals the distance in rounded whole feet between the	7504
extreme of any group of two or more consecutive axles, and N	7505
equals the number of axles in the group under consideration.	7506
However, two consecutive sets of tandem axles may carry a gross	7507
load of thirty-four thousand pounds each, provided the overall	7508
distance between the first and last axles of such consecutive sets	7509
of tandem axles is thirty-six feet or more.	7510

(D) Except as provided in division (I) of this section, the	7511
weight of vehicle and load imposed upon a road surface that is not	7512
part of the interstate system by vehicles with pneumatic tires	7513
shall not exceed any of the following weight limitations:	7514

(1) On any one axle, twenty thousand pounds;

7515

(2) On any two successive axles:

7516

(a) Spaced four feet or less apart, and weighed	7517
simultaneously, twenty-four thousand pounds;	7518

(b) Spaced more than four feet apart, and weighed	7519
simultaneously, thirty-four thousand pounds, plus one thousand	7520
pounds per foot or fraction thereof, over four feet, not to exceed	7521
forty thousand pounds.	7522

(3) On any three successive load-bearing axles designed to	7523
equalize the load between such axles and spaced so that each such	7524
axle of the three-axle group is more than four feet from the next	7525
axle in the three-axle group and so that the spacing between the	7526
first axle and the third axle of the three-axle group is no more	7527
than nine feet, and with such load-bearing three-axle group	7528
weighed simultaneously as a unit:	7529

(a) Forty-eight thousand pounds, with the total weight of	7530
vehicle and load not exceeding thirty-eight thousand pounds plus	7531
an additional nine hundred pounds for each foot of spacing between	7532
the front axle and the rearmost axle of the vehicle;	7533

(b) As an alternative to division (D)(3)(a) of this section,	7534
forty-two thousand five hundred pounds, if part of a six-axle	7535
vehicle combination with at least twenty feet of spacing between	7536
the front axle and rearmost axle, with the total weight of vehicle	7537
and load not exceeding fifty-four thousand pounds plus an	7538
additional six hundred pounds for each foot of spacing between the	7539
front axle and the rearmost axle of the vehicle.	7540

(4) The total weight of vehicle and load utilizing any	7541
combination of axles, other than as provided for three-axle groups	7542
in division (D) of this section, shall not exceed thirty-eight	7543
thousand pounds plus an additional nine hundred pounds for each	7544
foot of spacing between the front axle and rearmost axle of the	7545
vehicle.	7546

(E)(1) Notwithstanding divisions (B) and (D) of this section,	7547
the maximum overall gross weight of vehicle and load imposed upon	7548
the road surface of an interstate and other roads that are not	7549
part of the state highway system shall not exceed eighty thousand	7550
pounds.	7551

(2) Notwithstanding divisions (B) and (D) of this section,	7552
the maximum overall gross weight of a vehicle and load imposed	7553
upon the road surface of a road that is part of the state highway	7554
system and is not an interstate shall not exceed ninety thousand	7555
pounds.	7556

(F) Notwithstanding any other provision of law, when a	7557
vehicle is towing another vehicle, such drawbar or other	7558
connection shall be of a length such as will limit the spacing	7559
between nearest axles of the respective vehicles to a distance not	7560
in excess of twelve feet and six inches.	7561

(G) As used in division (B) of this section, "tandem axle"	7562
means two or more consecutive axles whose centers may be included	7563
between parallel transverse vertical planes spaced more than forty	7564
inches but not more than ninety-six inches apart, extending across	7565
the full width of the vehicle.	7566

(H) This section does not apply to passenger bus type	7567
vehicles operated by a regional transit authority pursuant to	7568
sections 306.30 to 306.54 of the Revised Code.	7569

(I) Either division (B) or (D) of this section applies to the	7570
weight of a vehicle and its load imposed upon any road surface	7571
that is not a part of the interstate system by vehicles with	7572
pneumatic tires. As between divisions (B) and (D) of this section,	7573
only the division that yields the highest total gross vehicle	7574
weight limit shall be applied to any such vehicle. Once that	7575
division is determined, only the limits contained in the	7576
subdivisions of that division shall apply to that vehicle.	7577

Sec. 5577.05. (A) No vehicle shall be operated upon the	7578
public highways, streets, bridges, and culverts within the state,	7579
whose dimensions exceed those specified in this section.	7580

(B) No such vehicle shall have a width in excess of:

7581

(1) One hundred four inches for passenger bus type vehicles	7582
operated exclusively within municipal corporations;	7583

(2) One hundred two inches, excluding such safety devices as	7584
are required by law, for passenger bus type vehicles operated over	7585
freeways, and such other state roads with minimum pavement widths	7586
of twenty-two feet, except those roads or portions of roads over	7587
which operation of one hundred two-inch buses is prohibited by	7588
order of the director of transportation;	7589

(3) One hundred thirty-two inches for traction engines;

7590

(4) One hundred two inches for recreational vehicles,	7591
excluding safety devices and retracted awnings and other	7592
appurtenances of six inches or less in width and except that the	7593
director may prohibit the operation of one hundred two inch	7594
recreational vehicles on designated state highways or portions of	7595
highways;	7596

(5) One hundred two inches, including load, for all other	7597
vehicles, except that the director may prohibit the operation of	7598
one hundred two-inch vehicles on such state highways or portions	7599
of state highways as the director designates.	7600

7601

(1) Sixty-six feet for passenger bus type vehicles and	7602
articulated passenger bus type vehicles operated by a regional	7603
transit authority pursuant to sections 306.30 to 306.54 of the	7604
Revised Code;	7605

(2) Forty-five feet for all other passenger bus type	7606
vehicles;	7607

(3) Fifty-three feet for any semitrailer when operated in a	7608
commercial tractor-semitrailer combination, with or without load,	7609
except that the director may prohibit the operation of any such	7610
commercial tractor-semitrailer combination on such state highways	7611
or portions of state highways as the director designates.	7612

(4) Twenty-eight and one-half feet for any semitrailer or	7613
trailer when operated in a commercial tractor-semitrailer-trailer	7614
or commercial tractor-semitrailer-semitrailer combination, except	7615
that the director may prohibit the operation of any such	7616
commercial tractor-semitrailer-trailer or commercial	7617
tractor-semitrailer-semitrailer combination on such state highways	7618
or portions of state highways as the director designates;	7619

(5)(a) Ninety-seven feet for drive-away saddlemount vehicle	7620
transporter combinations and drive-away saddlemount with fullmount	7621
vehicle transporter combinations when operated on any interstate,	7622
United States route, or state route, including reasonable access	7623
travel on all other roadways for a distance not to exceed one road	7624
mile from any interstate, United States route, or state route, not	7625
to exceed three saddlemounted vehicles, but which may include one	7626
fullmount;	7627

(b) Seventy-five feet for drive-away saddlemount vehicle	7628
transporter combinations and drive-away saddlemount with fullmount	7629
vehicle transporter combinations, when operated on any roadway not	7630
designated as an interstate, United States route, or state route,	7631
not to exceed three saddlemounted vehicles, but which may include	7632
one fullmount;	7633

(6) Sixty-five feet for any other combination of vehicles	7634
coupled together, with or without load, except as provided in	7635
divisions (C)(3) and (4), and in division (E) of this section;	7636

(7) Forty-five feet for recreational vehicles;

7637

(8) ~~Forty~~Fifty feet for all other vehicles except trailers	7638
and semitrailers, with or without load.	7639

(D) No such vehicle shall have a height in excess of thirteen	7640
feet six inches, with or without load.	7641

(E) An automobile transporter or boat transporter shall be	7642
allowed a length of sixty-five feet and a stinger-steered	7643
automobile transporter or stinger-steered boat transporter shall	7644
be allowed a length of seventy-five feet, except that the load	7645
thereon may extend no more than four feet beyond the rear of such	7646
vehicles and may extend no more than three feet beyond the front	7647
of such vehicles, and except further that the director may	7648
prohibit the operation of a stinger-steered automobile	7649
transporter, stinger-steered boat transporter, or a B-train	7650
assembly on any state highway or portion of any state highway that	7651
the director designates.	7652

(F) The widths prescribed in division (B) of this section	7653
shall not include side mirrors, turn signal lamps, marker lamps,	7654
handholds for cab entry and egress, flexible fender extensions,	7655
mud flaps, splash and spray suppressant devices, and load-induced	7656
tire bulge.	7657

The width prescribed in division (B)(5) of this section shall	7658
not include automatic covering devices, tarp and tarp hardware,	7659
and tiedown assemblies, provided these safety devices do not	7660
extend more than three inches from each side of the vehicle.	7661

The lengths prescribed in divisions (C)(2) to (8) of this	7662
section shall not include safety devices, bumpers attached to the	7663
front or rear of such bus or combination, nonproperty carrying	7664
devices or components that do not extend more than twenty-four	7665
inches beyond the rear of the vehicle and are needed for loading	7666
or unloading, B-train assembly used between the first and second	7667
semitrailer of a commercial tractor-semitrailer-semitrailer	7668
combination, energy conservation devices as provided in any	7669
regulations adopted by the secretary of the United States	7670
department of transportation, or any noncargo-carrying	7671
refrigeration equipment attached to the front of trailers and	7672
semitrailers. In special cases, vehicles whose dimensions exceed	7673
those prescribed by this section may operate in accordance with	7674
rules adopted by the director.	7675

(G) This section does not apply to fire engines, fire trucks,	7676
or other vehicles or apparatus belonging to any municipal	7677
corporation or to the volunteer fire department of any municipal	7678
corporation or used by such department in the discharge of its	7679
functions. This section does not apply to vehicles and pole	7680
trailers used in the transportation of wooden and metal poles, nor	7681
to the transportation of pipes or well-drilling equipment, nor to	7682
farm machinery and equipment. ~~The~~	7683

The owner or operator of any vehicle, machinery, or equipment	7684
not specifically enumerated in this section but the dimensions of	7685
which exceed the dimensions provided by this section, when	7686
operating the same on the highways and streets of this state,	7687
shall comply with the rules of the director governing such	7688
movement that the director may adopt. Sections 119.01 to 119.13 of	7689
the Revised Code apply to any rules the director adopts under this	7690
section, or the amendment or rescission of the rules, and any	7691
person adversely affected shall have the same right of appeal as	7692
provided in those sections.	7693

This section does not require the state, a municipal	7694
corporation, county, township, or any railroad or other private	7695
corporation to provide sufficient vertical clearance to permit the	7696
operation of such vehicle, or to make any changes in or about	7697
existing structures now crossing streets, roads, and other public	7698
thoroughfares in this state.	7699

(H) As used in this section, "recreational vehicle" has the	7700
same meaning as in section 4501.01 of the Revised Code.	7701

Sec. 5739.02. For the purpose of providing revenue with	7702
which to meet the needs of the state, for the use of the general	7703
revenue fund of the state, for the purpose of securing a thorough	7704
and efficient system of common schools throughout the state, for	7705
the purpose of affording revenues, in addition to those from	7706
general property taxes, permitted under constitutional	7707
limitations, and from other sources, for the support of local	7708
governmental functions, and for the purpose of reimbursing the	7709
state for the expense of administering this chapter, an excise tax	7710
is hereby levied on each retail sale made in this state.	7711

(A)(1) The tax shall be collected as provided in section	7712
5739.025 of the Revised Code. The rate of the tax shall be five	7713
and one-half per cent. The tax applies and is collectible when the	7714
sale is made, regardless of the time when the price is paid or	7715
delivered.	7716

(2) In the case of the lease or rental, with a fixed term of	7717
more than thirty days or an indefinite term with a minimum period	7718
of more than thirty days, of any motor vehicles designed by the	7719
manufacturer to carry a load of not more than one ton, watercraft,	7720
outboard motor, or aircraft, or of any tangible personal property,	7721
other than motor vehicles designed by the manufacturer to carry a	7722
load of more than one ton, to be used by the lessee or renter	7723
primarily for business purposes, the tax shall be collected by the	7724
vendor at the time the lease or rental is consummated and shall be	7725
calculated by the vendor on the basis of the total amount to be	7726
paid by the lessee or renter under the lease agreement. If the	7727
total amount of the consideration for the lease or rental includes	7728
amounts that are not calculated at the time the lease or rental is	7729
executed, the tax shall be calculated and collected by the vendor	7730
at the time such amounts are billed to the lessee or renter. In	7731
the case of an open-end lease or rental, the tax shall be	7732
calculated by the vendor on the basis of the total amount to be	7733
paid during the initial fixed term of the lease or rental, and for	7734
each subsequent renewal period as it comes due. As used in this	7735
division, "motor vehicle" has the same meaning as in section	7736
4501.01 of the Revised Code, and "watercraft" includes an outdrive	7737
unit attached to the watercraft.	7738

A lease with a renewal clause and a termination penalty or	7739
similar provision that applies if the renewal clause is not	7740
exercised is presumed to be a sham transaction. In such a case,	7741
the tax shall be calculated and paid on the basis of the entire	7742
length of the lease period, including any renewal periods, until	7743
the termination penalty or similar provision no longer applies.	7744
The taxpayer shall bear the burden, by a preponderance of the	7745
evidence, that the transaction or series of transactions is not a	7746
sham transaction.	7747

(3) Except as provided in division (A)(2) of this section, in	7748
the case of a sale, the price of which consists in whole or in	7749
part of the lease or rental of tangible personal property, the tax	7750
shall be measured by the installments of that lease or rental.	7751

(4) In the case of a sale of a physical fitness facility	7752
service or recreation and sports club service, the price of which	7753
consists in whole or in part of a membership for the receipt of	7754
the benefit of the service, the tax applicable to the sale shall	7755
be measured by the installments thereof.	7756

(B) The tax does not apply to the following:

7757

(1) Sales to the state or any of its political subdivisions,	7758
or to any other state or its political subdivisions if the laws of	7759
that state exempt from taxation sales made to this state and its	7760
political subdivisions;	7761

(2) Sales of food for human consumption off the premises	7762
where sold;	7763

(3) Sales of food sold to students only in a cafeteria,	7764
dormitory, fraternity, or sorority maintained in a private,	7765
public, or parochial school, college, or university;	7766

(4) Sales of newspapers and of magazine subscriptions and	7767
sales or transfers of magazines distributed as controlled	7768
circulation publications;	7769

(5) The furnishing, preparing, or serving of meals without	7770
charge by an employer to an employee provided the employer records	7771
the meals as part compensation for services performed or work	7772
done;	7773

(6) Sales of motor fuel upon receipt, use, distribution, or	7774
sale of which in this state a tax is imposed by the law of this	7775
state, but this exemption shall not apply to the sale of motor	7776
fuel on which a refund of the tax is allowable under division (A)	7777
of section 5735.14 of the Revised Code; and the tax commissioner	7778
may deduct the amount of tax levied by this section applicable to	7779
the price of motor fuel when granting a refund of motor fuel tax	7780
pursuant to division (A) of section 5735.14 of the Revised Code	7781
and shall cause the amount deducted to be paid into the general	7782
revenue fund of this state;	7783

(7) Sales of natural gas by a natural gas company, of water	7784
by a water-works company, or of steam by a heating company, if in	7785
each case the thing sold is delivered to consumers through pipes	7786
or conduits, and all sales of communications services by a	7787
telegraph company, all terms as defined in section 5727.01 of the	7788
Revised Code, and sales of electricity delivered through wires;	7789

(8) Casual sales by a person, or auctioneer employed directly	7790
by the person to conduct such sales, except as to such sales of	7791
motor vehicles, watercraft or outboard motors required to be	7792
titled under section 1548.06 of the Revised Code, watercraft	7793
documented with the United States coast guard, snowmobiles, and	7794
all-purpose vehicles as defined in section 4519.01 of the Revised	7795
Code;	7796

(9)(a) Sales of services or tangible personal property, other	7797
than motor vehicles, mobile homes, and manufactured homes, by	7798
churches, organizations exempt from taxation under section	7799
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	7800
organizations operated exclusively for charitable purposes as	7801
defined in division (B)(12) of this section, provided that the	7802
number of days on which such tangible personal property or	7803
services, other than items never subject to the tax, are sold does	7804
not exceed six in any calendar year, except as otherwise provided	7805
in division (B)(9)(b) of this section. If the number of days on	7806
which such sales are made exceeds six in any calendar year, the	7807
church or organization shall be considered to be engaged in	7808
business and all subsequent sales by it shall be subject to the	7809
tax. In counting the number of days, all sales by groups within a	7810
church or within an organization shall be considered to be sales	7811
of that church or organization.	7812

(b) The limitation on the number of days on which tax-exempt	7813
sales may be made by a church or organization under division	7814
(B)(9)(a) of this section does not apply to sales made by student	7815
clubs and other groups of students of a primary or secondary	7816
school, or a parent-teacher association, booster group, or similar	7817
organization that raises money to support or fund curricular or	7818
extracurricular activities of a primary or secondary school.	7819

(c) Divisions (B)(9)(a) and (b) of this section do not apply	7820
to sales by a noncommercial educational radio or television	7821
broadcasting station.	7822

(10) Sales not within the taxing power of this state under	7823
the Constitution of the United States;	7824

(11) Except for transactions that are sales under division	7825
(B)(3)(r) of section 5739.01 of the Revised Code, the	7826
transportation of persons or property, unless the transportation	7827
is by a private investigation and security service;	7828

(12) Sales of tangible personal property or services to	7829
churches, to organizations exempt from taxation under section	7830
501(c)(3) of the Internal Revenue Code of 1986, and to any other	7831
nonprofit organizations operated exclusively for charitable	7832
purposes in this state, no part of the net income of which inures	7833
to the benefit of any private shareholder or individual, and no	7834
substantial part of the activities of which consists of carrying	7835
on propaganda or otherwise attempting to influence legislation;	7836
sales to offices administering one or more homes for the aged or	7837
one or more hospital facilities exempt under section 140.08 of the	7838
Revised Code; and sales to organizations described in division (D)	7839
of section 5709.12 of the Revised Code.	7840

"Charitable purposes" means the relief of poverty; the	7841
improvement of health through the alleviation of illness, disease,	7842
or injury; the operation of an organization exclusively for the	7843
provision of professional, laundry, printing, and purchasing	7844
services to hospitals or charitable institutions; the operation of	7845
a home for the aged, as defined in section 5701.13 of the Revised	7846
Code; the operation of a radio or television broadcasting station	7847
that is licensed by the federal communications commission as a	7848
noncommercial educational radio or television station; the	7849
operation of a nonprofit animal adoption service or a county	7850
humane society; the promotion of education by an institution of	7851
learning that maintains a faculty of qualified instructors,	7852
teaches regular continuous courses of study, and confers a	7853
recognized diploma upon completion of a specific curriculum; the	7854
operation of a parent-teacher association, booster group, or	7855
similar organization primarily engaged in the promotion and	7856
support of the curricular or extracurricular activities of a	7857
primary or secondary school; the operation of a community or area	7858
center in which presentations in music, dramatics, the arts, and	7859
related fields are made in order to foster public interest and	7860
education therein; the production of performances in music,	7861
dramatics, and the arts; or the promotion of education by an	7862
organization engaged in carrying on research in, or the	7863
dissemination of, scientific and technological knowledge and	7864
information primarily for the public.	7865

Nothing in this division shall be deemed to exempt sales to	7866
any organization for use in the operation or carrying on of a	7867
trade or business, or sales to a home for the aged for use in the	7868
operation of independent living facilities as defined in division	7869
(A) of section 5709.12 of the Revised Code.	7870

(13) Building and construction materials and services sold to	7871
construction contractors for incorporation into a structure or	7872
improvement to real property under a construction contract with	7873
this state or a political subdivision of this state, or with the	7874
United States government or any of its agencies; building and	7875
construction materials and services sold to construction	7876
contractors for incorporation into a structure or improvement to	7877
real property that are accepted for ownership by this state or any	7878
of its political subdivisions, or by the United States government	7879
or any of its agencies at the time of completion of the structures	7880
or improvements; building and construction materials sold to	7881
construction contractors for incorporation into a horticulture	7882
structure or livestock structure for a person engaged in the	7883
business of horticulture or producing livestock; building	7884
materials and services sold to a construction contractor for	7885
incorporation into a house of public worship or religious	7886
education, or a building used exclusively for charitable purposes	7887
under a construction contract with an organization whose purpose	7888
is as described in division (B)(12) of this section; building	7889
materials and services sold to a construction contractor for	7890
incorporation into a building under a construction contract with	7891
an organization exempt from taxation under section 501(c)(3) of	7892
the Internal Revenue Code of 1986 when the building is to be used	7893
exclusively for the organization's exempt purposes; building and	7894
construction materials sold for incorporation into the original	7895
construction of a sports facility under section 307.696 of the	7896
Revised Code; building and construction materials and services	7897
sold to a construction contractor for incorporation into real	7898
property outside this state if such materials and services, when	7899
sold to a construction contractor in the state in which the real	7900
property is located for incorporation into real property in that	7901
state, would be exempt from a tax on sales levied by that state;	7902
and, until one calendar year after the construction of a	7903
convention center that qualifies for property tax exemption under	7904
section 5709.084 of the Revised Code is completed, building and	7905
construction materials and services sold to a construction	7906
contractor for incorporation into the real property comprising	7907
that convention center;	7908

(14) Sales of ships or vessels or rail rolling stock used or	7909
to be used principally in interstate or foreign commerce, and	7910
repairs, alterations, fuel, and lubricants for such ships or	7911
vessels or rail rolling stock;	7912

(15) Sales to persons primarily engaged in any of the	7913
activities mentioned in division (B)(42)(a), (g), or (h) of this	7914
section, to persons engaged in making retail sales, or to persons	7915
who purchase for sale from a manufacturer tangible personal	7916
property that was produced by the manufacturer in accordance with	7917
specific designs provided by the purchaser, of packages, including	7918
material, labels, and parts for packages, and of machinery,	7919
equipment, and material for use primarily in packaging tangible	7920
personal property produced for sale, including any machinery,	7921
equipment, and supplies used to make labels or packages, to	7922
prepare packages or products for labeling, or to label packages or	7923
products, by or on the order of the person doing the packaging, or	7924
sold at retail. "Packages" includes bags, baskets, cartons,	7925
crates, boxes, cans, bottles, bindings, wrappings, and other	7926
similar devices and containers, but does not include motor	7927
vehicles or bulk tanks, trailers, or similar devices attached to	7928
motor vehicles. "Packaging" means placing in a package. Division	7929
(B)(15) of this section does not apply to persons engaged in	7930
highway transportation for hire.	7931

(16) Sales of food to persons using supplemental nutrition	7932
assistance program benefits to purchase the food. As used in this	7933
division, "food" has the same meaning as in 7 U.S.C. 2012 and	7934
federal regulations adopted pursuant to the Food and Nutrition Act	7935
of 2008.	7936

(17) Sales to persons engaged in farming, agriculture,	7937
horticulture, or floriculture, of tangible personal property for	7938
use or consumption primarily in the production by farming,	7939
agriculture, horticulture, or floriculture of other tangible	7940
personal property for use or consumption primarily in the	7941
production of tangible personal property for sale by farming,	7942
agriculture, horticulture, or floriculture; or material and parts	7943
for incorporation into any such tangible personal property for use	7944
or consumption in production; and of tangible personal property	7945
for such use or consumption in the conditioning or holding of	7946
products produced by and for such use, consumption, or sale by	7947
persons engaged in farming, agriculture, horticulture, or	7948
floriculture, except where such property is incorporated into real	7949
property;	7950

(18) Sales of drugs for a human being that may be dispensed	7951
only pursuant to a prescription; insulin as recognized in the	7952
official United States pharmacopoeia; urine and blood testing	7953
materials when used by diabetics or persons with hypoglycemia to	7954
test for glucose or acetone; hypodermic syringes and needles when	7955
used by diabetics for insulin injections; epoetin alfa when	7956
purchased for use in the treatment of persons with medical	7957
disease; hospital beds when purchased by hospitals, nursing homes,	7958
or other medical facilities; and medical oxygen and medical	7959
oxygen-dispensing equipment when purchased by hospitals, nursing	7960
homes, or other medical facilities;	7961

(19) Sales of prosthetic devices, durable medical equipment	7962
for home use, or mobility enhancing equipment, when made pursuant	7963
to a prescription and when such devices or equipment are for use	7964
by a human being.	7965

(20) Sales of emergency and fire protection vehicles and	7966
equipment to nonprofit organizations for use solely in providing	7967
fire protection and emergency services, including trauma care and	7968
emergency medical services, for political subdivisions of the	7969
state;	7970

(21) Sales of tangible personal property manufactured in this	7971
state, if sold by the manufacturer in this state to a retailer for	7972
use in the retail business of the retailer outside of this state	7973
and if possession is taken from the manufacturer by the purchaser	7974
within this state for the sole purpose of immediately removing the	7975
same from this state in a vehicle owned by the purchaser;	7976

(22) Sales of services provided by the state or any of its	7977
political subdivisions, agencies, instrumentalities, institutions,	7978
or authorities, or by governmental entities of the state or any of	7979
its political subdivisions, agencies, instrumentalities,	7980
institutions, or authorities;	7981

(23) Sales of motor vehicles to nonresidents of this state	7982
under the circumstances described in division (B) of section	7983
5739.029 of the Revised Code;	7984

(24) Sales to persons engaged in the preparation of eggs for	7985
sale of tangible personal property used or consumed directly in	7986
such preparation, including such tangible personal property used	7987
for cleaning, sanitizing, preserving, grading, sorting, and	7988
classifying by size; packages, including material and parts for	7989
packages, and machinery, equipment, and material for use in	7990
packaging eggs for sale; and handling and transportation equipment	7991
and parts therefor, except motor vehicles licensed to operate on	7992
public highways, used in intraplant or interplant transfers or	7993
shipment of eggs in the process of preparation for sale, when the	7994
plant or plants within or between which such transfers or	7995
shipments occur are operated by the same person. "Packages"	7996
includes containers, cases, baskets, flats, fillers, filler flats,	7997
cartons, closure materials, labels, and labeling materials, and	7998
"packaging" means placing therein.	7999

(25)(a) Sales of water to a consumer for residential use;

8000

(b) Sales of water by a nonprofit corporation engaged	8001
exclusively in the treatment, distribution, and sale of water to	8002
consumers, if such water is delivered to consumers through pipes	8003
or tubing.	8004

(26) Fees charged for inspection or reinspection of motor	8005
vehicles under section 3704.14 of the Revised Code;	8006

(27) Sales to persons licensed to conduct a food service	8007
operation pursuant to section 3717.43 of the Revised Code, of	8008
tangible personal property primarily used directly for the	8009
following:	8010

(a) To prepare food for human consumption for sale;

8011

(b) To preserve food that has been or will be prepared for	8012
human consumption for sale by the food service operator, not	8013
including tangible personal property used to display food for	8014
selection by the consumer;	8015

(c) To clean tangible personal property used to prepare or	8016
serve food for human consumption for sale.	8017

(28) Sales of animals by nonprofit animal adoption services	8018
or county humane societies;	8019

(29) Sales of services to a corporation described in division	8020
(A) of section 5709.72 of the Revised Code, and sales of tangible	8021
personal property that qualifies for exemption from taxation under	8022
section 5709.72 of the Revised Code;	8023

(30) Sales and installation of agricultural land tile, as	8024
defined in division (B)(5)(a) of section 5739.01 of the Revised	8025
Code;	8026

(31) Sales and erection or installation of portable grain	8027
bins, as defined in division (B)(5)(b) of section 5739.01 of the	8028
Revised Code;	8029

(32) The sale, lease, repair, and maintenance of, parts for,	8030
or items attached to or incorporated in, motor vehicles that are	8031
primarily used for transporting tangible personal property	8032
belonging to others by a person engaged in highway transportation	8033
for hire, except for packages and packaging used for the	8034
transportation of tangible personal property;	8035

(33) Sales to the state headquarters of any veterans'	8036
organization in this state that is either incorporated and issued	8037
a charter by the congress of the United States or is recognized by	8038
the United States veterans administration, for use by the	8039
headquarters;	8040

(34) Sales to a telecommunications service vendor, mobile	8041
telecommunications service vendor, or satellite broadcasting	8042
service vendor of tangible personal property and services used	8043
directly and primarily in transmitting, receiving, switching, or	8044
recording any interactive, one- or two-way electromagnetic	8045
communications, including voice, image, data, and information,	8046
through the use of any medium, including, but not limited to,	8047
poles, wires, cables, switching equipment, computers, and record	8048
storage devices and media, and component parts for the tangible	8049
personal property. The exemption provided in this division shall	8050
be in lieu of all other exemptions under division (B)(42)(a) or	8051
(n) of this section to which the vendor may otherwise be entitled,	8052
based upon the use of the thing purchased in providing the	8053
telecommunications, mobile telecommunications, or satellite	8054
broadcasting service.	8055

(35)(a) Sales where the purpose of the consumer is to use or	8056
consume the things transferred in making retail sales and	8057
consisting of newspaper inserts, catalogues, coupons, flyers, gift	8058
certificates, or other advertising material that prices and	8059
describes tangible personal property offered for retail sale.	8060

(b) Sales to direct marketing vendors of preliminary	8061
materials such as photographs, artwork, and typesetting that will	8062
be used in printing advertising material; and of printed matter	8063
that offers free merchandise or chances to win sweepstake prizes	8064
and that is mailed to potential customers with advertising	8065
material described in division (B)(35)(a) of this section;	8066

(c) Sales of equipment such as telephones, computers,	8067
facsimile machines, and similar tangible personal property	8068
primarily used to accept orders for direct marketing retail sales.	8069

(d) Sales of automatic food vending machines that preserve	8070
food with a shelf life of forty-five days or less by refrigeration	8071
and dispense it to the consumer.	8072

For purposes of division (B)(35) of this section, "direct	8073
marketing" means the method of selling where consumers order	8074
tangible personal property by United States mail, delivery	8075
service, or telecommunication and the vendor delivers or ships the	8076
tangible personal property sold to the consumer from a warehouse,	8077
catalogue distribution center, or similar fulfillment facility by	8078
means of the United States mail, delivery service, or common	8079
carrier.	8080

(36) Sales to a person engaged in the business of	8081
horticulture or producing livestock of materials to be	8082
incorporated into a horticulture structure or livestock structure;	8083

(37) Sales of personal computers, computer monitors, computer	8084
keyboards, modems, and other peripheral computer equipment to an	8085
individual who is licensed or certified to teach in an elementary	8086
or a secondary school in this state for use by that individual in	8087
preparation for teaching elementary or secondary school students;	8088

(38) Sales to a professional racing team of any of the	8089
following:	8090

(a) Motor racing vehicles;

8091

(b) Repair services for motor racing vehicles;

8092

(c) Items of property that are attached to or incorporated in	8093
motor racing vehicles, including engines, chassis, and all other	8094
components of the vehicles, and all spare, replacement, and	8095
rebuilt parts or components of the vehicles; except not including	8096
tires, consumable fluids, paint, and accessories consisting of	8097
instrumentation sensors and related items added to the vehicle to	8098
collect and transmit data by means of telemetry and other forms of	8099
communication.	8100

(39) Sales of used manufactured homes and used mobile homes,	8101
as defined in section 5739.0210 of the Revised Code, made on or	8102
after January 1, 2000;	8103

(40) Sales of tangible personal property and services to a	8104
provider of electricity used or consumed directly and primarily in	8105
generating, transmitting, or distributing electricity for use by	8106
others, including property that is or is to be incorporated into	8107
and will become a part of the consumer's production, transmission,	8108
or distribution system and that retains its classification as	8109
tangible personal property after incorporation; fuel or power used	8110
in the production, transmission, or distribution of electricity;	8111
energy conversion equipment as defined in section 5727.01 of the	8112
Revised Code; and tangible personal property and services used in	8113
the repair and maintenance of the production, transmission, or	8114
distribution system, including only those motor vehicles as are	8115
specially designed and equipped for such use. The exemption	8116
provided in this division shall be in lieu of all other exemptions	8117
in division (B)(42)(a) or (n) of this section to which a provider	8118
of electricity may otherwise be entitled based on the use of the	8119
tangible personal property or service purchased in generating,	8120
transmitting, or distributing electricity.	8121

(41) Sales to a person providing services under division	8122
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	8123
personal property and services used directly and primarily in	8124
providing taxable services under that section.	8125

(42) Sales where the purpose of the purchaser is to do any of	8126
the following:	8127

(a) To incorporate the thing transferred as a material or a	8128
part into tangible personal property to be produced for sale by	8129
manufacturing, assembling, processing, or refining; or to use or	8130
consume the thing transferred directly in producing tangible	8131
personal property for sale by mining, including, without	8132
limitation, the extraction from the earth of all substances that	8133
are classed geologically as minerals, production of crude oil and	8134
natural gas, or directly in the rendition of a public utility	8135
service, except that the sales tax levied by this section shall be	8136
collected upon all meals, drinks, and food for human consumption	8137
sold when transporting persons. Persons engaged in rendering	8138
services in the exploration for, and production of, crude oil and	8139
natural gas for others are deemed engaged directly in the	8140
exploration for, and production of, crude oil and natural gas.	8141
This paragraph does not exempt from "retail sale" or "sales at	8142
retail" the sale of tangible personal property that is to be	8143
incorporated into a structure or improvement to real property.	8144

(b) To hold the thing transferred as security for the	8145
performance of an obligation of the vendor;	8146

(c) To resell, hold, use, or consume the thing transferred as	8147
evidence of a contract of insurance;	8148

(d) To use or consume the thing directly in commercial	8149
fishing;	8150

(e) To incorporate the thing transferred as a material or a	8151
part into, or to use or consume the thing transferred directly in	8152
the production of, magazines distributed as controlled circulation	8153
publications;	8154

(f) To use or consume the thing transferred in the production	8155
and preparation in suitable condition for market and sale of	8156
printed, imprinted, overprinted, lithographic, multilithic,	8157
blueprinted, photostatic, or other productions or reproductions of	8158
written or graphic matter;	8159

(g) To use the thing transferred, as described in section	8160
5739.011 of the Revised Code, primarily in a manufacturing	8161
operation to produce tangible personal property for sale;	8162

(h) To use the benefit of a warranty, maintenance or service	8163
contract, or similar agreement, as described in division (B)(7) of	8164
section 5739.01 of the Revised Code, to repair or maintain	8165
tangible personal property, if all of the property that is the	8166
subject of the warranty, contract, or agreement would not be	8167
subject to the tax imposed by this section;	8168

(i) To use the thing transferred as qualified research and	8169
development equipment;	8170

(j) To use or consume the thing transferred primarily in	8171
storing, transporting, mailing, or otherwise handling purchased	8172
sales inventory in a warehouse, distribution center, or similar	8173
facility when the inventory is primarily distributed outside this	8174
state to retail stores of the person who owns or controls the	8175
warehouse, distribution center, or similar facility, to retail	8176
stores of an affiliated group of which that person is a member, or	8177
by means of direct marketing. This division does not apply to	8178
motor vehicles registered for operation on the public highways. As	8179
used in this division, "affiliated group" has the same meaning as	8180
in division (B)(3)(e) of section 5739.01 of the Revised Code and	8181
"direct marketing" has the same meaning as in division (B)(35) of	8182
this section.	8183

(k) To use or consume the thing transferred to fulfill a	8184
contractual obligation incurred by a warrantor pursuant to a	8185
warranty provided as a part of the price of the tangible personal	8186
property sold or by a vendor of a warranty, maintenance or service	8187
contract, or similar agreement the provision of which is defined	8188
as a sale under division (B)(7) of section 5739.01 of the Revised	8189
Code;	8190

(l) To use or consume the thing transferred in the production	8191
of a newspaper for distribution to the public;	8192

(m) To use tangible personal property to perform a service	8193
listed in division (B)(3) of section 5739.01 of the Revised Code,	8194
if the property is or is to be permanently transferred to the	8195
consumer of the service as an integral part of the performance of	8196
the service;	8197

(n) To use or consume the thing transferred primarily in	8198
producing tangible personal property for sale by farming,	8199
agriculture, horticulture, or floriculture. Persons engaged in	8200
rendering farming, agriculture, horticulture, or floriculture	8201
services for others are deemed engaged primarily in farming,	8202
agriculture, horticulture, or floriculture. This paragraph does	8203
not exempt from "retail sale" or "sales at retail" the sale of	8204
tangible personal property that is to be incorporated into a	8205
structure or improvement to real property.	8206

(o) To use or consume the thing transferred in acquiring,	8207
formatting, editing, storing, and disseminating data or	8208
information by electronic publishing.	8209

As used in division (B)(42) of this section, "thing" includes	8210
all transactions included in divisions (B)(3)(a), (b), and (e) of	8211
section 5739.01 of the Revised Code.	8212

(43) Sales conducted through a coin operated device that	8213
activates vacuum equipment or equipment that dispenses water,	8214
whether or not in combination with soap or other cleaning agents	8215
or wax, to the consumer for the consumer's use on the premises in	8216
washing, cleaning, or waxing a motor vehicle, provided no other	8217
personal property or personal service is provided as part of the	8218
transaction.	8219

(44) Sales of replacement and modification parts for engines,	8220
airframes, instruments, and interiors in, and paint for, aircraft	8221
used primarily in a fractional aircraft ownership program, and	8222
sales of services for the repair, modification, and maintenance of	8223
such aircraft, and machinery, equipment, and supplies primarily	8224
used to provide those services.	8225

(45) Sales of telecommunications service that is used	8226
directly and primarily to perform the functions of a call center.	8227
As used in this division, "call center" means any physical	8228
location where telephone calls are placed or received in high	8229
volume for the purpose of making sales, marketing, customer	8230
service, technical support, or other specialized business	8231
activity, and that employs at least fifty individuals that engage	8232
in call center activities on a full-time basis, or sufficient	8233
individuals to fill fifty full-time equivalent positions.	8234

(46) Sales by a telecommunications service vendor of 900	8235
service to a subscriber. This division does not apply to	8236
information services, as defined in division (FF) of section	8237
5739.01 of the Revised Code.	8238

(47) Sales of value-added non-voice data service. This	8239
division does not apply to any similar service that is not	8240
otherwise a telecommunications service.	8241

(48)(a) Sales of machinery, equipment, and software to a	8242
qualified direct selling entity for use in a warehouse or	8243
distribution center primarily for storing, transporting, or	8244
otherwise handling inventory that is held for sale to independent	8245
salespersons who operate as direct sellers and that is held	8246
primarily for distribution outside this state;	8247

(b) As used in division (B)(48)(a) of this section:

8248

(i) "Direct seller" means a person selling consumer products	8249
to individuals for personal or household use and not from a fixed	8250
retail location, including selling such product at in-home product	8251
demonstrations, parties, and other one-on-one selling.	8252

(ii) "Qualified direct selling entity" means an entity	8253
selling to direct sellers at the time the entity enters into a tax	8254
credit agreement with the tax credit authority pursuant to section	8255
122.17 of the Revised Code, provided that the agreement was	8256
entered into on or after January 1, 2007. Neither contingencies	8257
relevant to the granting of, nor later developments with respect	8258
to, the tax credit shall impair the status of the qualified direct	8259
selling entity under division (B)(48) of this section after	8260
execution of the tax credit agreement by the tax credit authority.	8261

(c) Division (B)(48) of this section is limited to machinery,	8262
equipment, and software first stored, used, or consumed in this	8263
state within the period commencing June 24, 2008, and ending on	8264
the date that is five years after that date.	8265

(49) Sales of materials, parts, equipment, or engines used in	8266
the repair or maintenance of aircraft or avionics systems of such	8267
aircraft, and sales of repair, remodeling, replacement, or	8268
maintenance services in this state performed on aircraft or on an	8269
aircraft's avionics, engine, or component materials or parts. As	8270
used in division (B)(49) of this section, "aircraft" means	8271
aircraft of more than six thousand pounds maximum certified	8272
takeoff weight or used exclusively in general aviation.	8273

(50) Sales of full flight simulators that are used for pilot	8274
or flight-crew training, sales of repair or replacement parts or	8275
components, and sales of repair or maintenance services for such	8276
full flight simulators. "Full flight simulator" means a replica of	8277
a specific type, or make, model, and series of aircraft cockpit.	8278
It includes the assemblage of equipment and computer programs	8279
necessary to represent aircraft operations in ground and flight	8280
conditions, a visual system providing an out-of-the-cockpit view,	8281
and a system that provides cues at least equivalent to those of a	8282
three-degree-of-freedom motion system, and has the full range of	8283
capabilities of the systems installed in the device as described	8284
in appendices A and B of part 60 of chapter 1 of title 14 of the	8285
Code of Federal Regulations.	8286

(51) Any transfer or lease of tangible personal property	8287
~~between the state and a successful proposer in accordance with~~	8288
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	8289
~~property is part of a project as defined in section 126.60 of the~~	8290
~~Revised Code and the state retains ownership of the project or~~	8291
~~part thereof that is being transferred or leased,~~ between the	8292
state and JobsOhio in accordance with section 4313.02 of the	8293
Revised Code.	8294

(C) For the purpose of the proper administration of this	8295
chapter, and to prevent the evasion of the tax, it is presumed	8296
that all sales made in this state are subject to the tax until the	8297
contrary is established.	8298

(D) The levy of this tax on retail sales of recreation and	8299
sports club service shall not prevent a municipal corporation from	8300
levying any tax on recreation and sports club dues or on any	8301
income generated by recreation and sports club dues.	8302

(E) The tax collected by the vendor from the consumer under	8303
this chapter is not part of the price, but is a tax collection for	8304
the benefit of the state, and of counties levying an additional	8305
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	8306
Code and of transit authorities levying an additional sales tax	8307
pursuant to section 5739.023 of the Revised Code. Except for the	8308
discount authorized under section 5739.12 of the Revised Code and	8309
the effects of any rounding pursuant to section 5703.055 of the	8310
Revised Code, no person other than the state or such a county or	8311
transit authority shall derive any benefit from the collection or	8312
payment of the tax levied by this section or section 5739.021,	8313
5739.023, or 5739.026 of the Revised Code.	8314

Sec. 5747.01. Except as otherwise expressly provided or	8315
clearly appearing from the context, any term used in this chapter	8316
that is not otherwise defined in this section has the same meaning	8317
as when used in a comparable context in the laws of the United	8318
States relating to federal income taxes or if not used in a	8319
comparable context in those laws, has the same meaning as in	8320
section 5733.40 of the Revised Code. Any reference in this chapter	8321
to the Internal Revenue Code includes other laws of the United	8322
States relating to federal income taxes.	8323

As used in this chapter:

8324

(A) "Adjusted gross income" or "Ohio adjusted gross income"	8325
means federal adjusted gross income, as defined and used in the	8326
Internal Revenue Code, adjusted as provided in this section:	8327

(1) Add interest or dividends on obligations or securities of	8328
any state or of any political subdivision or authority of any	8329
state, other than this state and its subdivisions and authorities.	8330

(2) Add interest or dividends on obligations of any	8331
authority, commission, instrumentality, territory, or possession	8332
of the United States to the extent that the interest or dividends	8333
are exempt from federal income taxes but not from state income	8334
taxes.	8335

(3) Deduct interest or dividends on obligations of the United	8336
States and its territories and possessions or of any authority,	8337
commission, or instrumentality of the United States to the extent	8338
that the interest or dividends are included in federal adjusted	8339
gross income but exempt from state income taxes under the laws of	8340
the United States.	8341

(4) Deduct disability and survivor's benefits to the extent	8342
included in federal adjusted gross income.	8343

(5) Deduct benefits under Title II of the Social Security Act	8344
and tier 1 railroad retirement benefits to the extent included in	8345
federal adjusted gross income under section 86 of the Internal	8346
Revenue Code.	8347

(6) In the case of a taxpayer who is a beneficiary of a trust	8348
that makes an accumulation distribution as defined in section 665	8349
of the Internal Revenue Code, add, for the beneficiary's taxable	8350
years beginning before 2002, the portion, if any, of such	8351
distribution that does not exceed the undistributed net income of	8352
the trust for the three taxable years preceding the taxable year	8353
in which the distribution is made to the extent that the portion	8354
was not included in the trust's taxable income for any of the	8355
trust's taxable years beginning in 2002 or thereafter.	8356
"Undistributed net income of a trust" means the taxable income of	8357
the trust increased by (a)(i) the additions to adjusted gross	8358
income required under division (A) of this section and (ii) the	8359
personal exemptions allowed to the trust pursuant to section	8360
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	8361
deductions to adjusted gross income required under division (A) of	8362
this section, (ii) the amount of federal income taxes attributable	8363
to such income, and (iii) the amount of taxable income that has	8364
been included in the adjusted gross income of a beneficiary by	8365
reason of a prior accumulation distribution. Any undistributed net	8366
income included in the adjusted gross income of a beneficiary	8367
shall reduce the undistributed net income of the trust commencing	8368
with the earliest years of the accumulation period.	8369

(7) Deduct the amount of wages and salaries, if any, not	8370
otherwise allowable as a deduction but that would have been	8371
allowable as a deduction in computing federal adjusted gross	8372
income for the taxable year, had the targeted jobs credit allowed	8373
and determined under sections 38, 51, and 52 of the Internal	8374
Revenue Code not been in effect.	8375

(8) Deduct any interest or interest equivalent on public	8376
obligations and purchase obligations to the extent that the	8377
interest or interest equivalent is included in federal adjusted	8378
gross income.	8379

(9) Add any loss or deduct any gain resulting from the sale,	8380
exchange, or other disposition of public obligations to the extent	8381
that the loss has been deducted or the gain has been included in	8382
computing federal adjusted gross income.	8383

(10) Deduct or add amounts, as provided under section 5747.70	8384
of the Revised Code, related to contributions to variable college	8385
savings program accounts made or tuition units purchased pursuant	8386
to Chapter 3334. of the Revised Code.	8387

(11)(a) Deduct, to the extent not otherwise allowable as a	8388
deduction or exclusion in computing federal or Ohio adjusted gross	8389
income for the taxable year, the amount the taxpayer paid during	8390
the taxable year for medical care insurance and qualified	8391
long-term care insurance for the taxpayer, the taxpayer's spouse,	8392
and dependents. No deduction for medical care insurance under	8393
division (A)(11) of this section shall be allowed either to any	8394
taxpayer who is eligible to participate in any subsidized health	8395
plan maintained by any employer of the taxpayer or of the	8396
taxpayer's spouse, or to any taxpayer who is entitled to, or on	8397
application would be entitled to, benefits under part A of Title	8398
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	8399
301, as amended. For the purposes of division (A)(11)(a) of this	8400
section, "subsidized health plan" means a health plan for which	8401
the employer pays any portion of the plan's cost. The deduction	8402
allowed under division (A)(11)(a) of this section shall be the net	8403
of any related premium refunds, related premium reimbursements, or	8404
related insurance premium dividends received during the taxable	8405
year.	8406

(b) Deduct, to the extent not otherwise deducted or excluded	8407
in computing federal or Ohio adjusted gross income during the	8408
taxable year, the amount the taxpayer paid during the taxable	8409
year, not compensated for by any insurance or otherwise, for	8410
medical care of the taxpayer, the taxpayer's spouse, and	8411
dependents, to the extent the expenses exceed seven and one-half	8412
per cent of the taxpayer's federal adjusted gross income.	8413

(c) Deduct, to the extent not otherwise deducted or excluded	8414
in computing federal or Ohio adjusted gross income, any amount	8415
included in federal adjusted gross income under section 105 or not	8416
excluded under section 106 of the Internal Revenue Code solely	8417
because it relates to an accident and health plan for a person who	8418
otherwise would be a "qualifying relative" and thus a "dependent"	8419
under section 152 of the Internal Revenue Code but for the fact	8420
that the person fails to meet the income and support limitations	8421
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	8422

(d) For purposes of division (A)(11) of this section,	8423
"medical care" has the meaning given in section 213 of the	8424
Internal Revenue Code, subject to the special rules, limitations,	8425
and exclusions set forth therein, and "qualified long-term care"	8426
has the same meaning given in section 7702B(c) of the Internal	8427
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	8428
of this section, "dependent" includes a person who otherwise would	8429
be a "qualifying relative" and thus a "dependent" under section	8430
152 of the Internal Revenue Code but for the fact that the person	8431
fails to meet the income and support limitations under section	8432
152(d)(1)(B) and (C) of the Internal Revenue Code.	8433

(12)(a) Deduct any amount included in federal adjusted gross	8434
income solely because the amount represents a reimbursement or	8435
refund of expenses that in any year the taxpayer had deducted as	8436
an itemized deduction pursuant to section 63 of the Internal	8437
Revenue Code and applicable United States department of the	8438
treasury regulations. The deduction otherwise allowed under	8439
division (A)(12)(a) of this section shall be reduced to the extent	8440
the reimbursement is attributable to an amount the taxpayer	8441
deducted under this section in any taxable year.	8442

(b) Add any amount not otherwise included in Ohio adjusted	8443
gross income for any taxable year to the extent that the amount is	8444
attributable to the recovery during the taxable year of any amount	8445
deducted or excluded in computing federal or Ohio adjusted gross	8446
income in any taxable year.	8447

(13) Deduct any portion of the deduction described in section	8448
1341(a)(2) of the Internal Revenue Code, for repaying previously	8449
reported income received under a claim of right, that meets both	8450
of the following requirements:	8451

(a) It is allowable for repayment of an item that was	8452
included in the taxpayer's adjusted gross income for a prior	8453
taxable year and did not qualify for a credit under division (A)	8454
or (B) of section 5747.05 of the Revised Code for that year;	8455

(b) It does not otherwise reduce the taxpayer's adjusted	8456
gross income for the current or any other taxable year.	8457

(14) Deduct an amount equal to the deposits made to, and net	8458
investment earnings of, a medical savings account during the	8459
taxable year, in accordance with section 3924.66 of the Revised	8460
Code. The deduction allowed by division (A)(14) of this section	8461
does not apply to medical savings account deposits and earnings	8462
otherwise deducted or excluded for the current or any other	8463
taxable year from the taxpayer's federal adjusted gross income.	8464

(15)(a) Add an amount equal to the funds withdrawn from a	8465
medical savings account during the taxable year, and the net	8466
investment earnings on those funds, when the funds withdrawn were	8467
used for any purpose other than to reimburse an account holder	8468
for, or to pay, eligible medical expenses, in accordance with	8469
section 3924.66 of the Revised Code;	8470

(b) Add the amounts distributed from a medical savings	8471
account under division (A)(2) of section 3924.68 of the Revised	8472
Code during the taxable year.	8473

(16) Add any amount claimed as a credit under section	8474
5747.059 or 5747.65 of the Revised Code to the extent that such	8475
amount satisfies either of the following:	8476

(a) The amount was deducted or excluded from the computation	8477
of the taxpayer's federal adjusted gross income as required to be	8478
reported for the taxpayer's taxable year under the Internal	8479
Revenue Code;	8480

(b) The amount resulted in a reduction of the taxpayer's	8481
federal adjusted gross income as required to be reported for any	8482
of the taxpayer's taxable years under the Internal Revenue Code.	8483

(17) Deduct the amount contributed by the taxpayer to an	8484
individual development account program established by a county	8485
department of job and family services pursuant to sections 329.11	8486
to 329.14 of the Revised Code for the purpose of matching funds	8487
deposited by program participants. On request of the tax	8488
commissioner, the taxpayer shall provide any information that, in	8489
the tax commissioner's opinion, is necessary to establish the	8490
amount deducted under division (A)(17) of this section.	8491

(18) Beginning in taxable year 2001 but not for any taxable	8492
year beginning after December 31, 2005, if the taxpayer is married	8493
and files a joint return and the combined federal adjusted gross	8494
income of the taxpayer and the taxpayer's spouse for the taxable	8495
year does not exceed one hundred thousand dollars, or if the	8496
taxpayer is single and has a federal adjusted gross income for the	8497
taxable year not exceeding fifty thousand dollars, deduct amounts	8498
paid during the taxable year for qualified tuition and fees paid	8499
to an eligible institution for the taxpayer, the taxpayer's	8500
spouse, or any dependent of the taxpayer, who is a resident of	8501
this state and is enrolled in or attending a program that	8502
culminates in a degree or diploma at an eligible institution. The	8503
deduction may be claimed only to the extent that qualified tuition	8504
and fees are not otherwise deducted or excluded for any taxable	8505
year from federal or Ohio adjusted gross income. The deduction may	8506
not be claimed for educational expenses for which the taxpayer	8507
claims a credit under section 5747.27 of the Revised Code.	8508

(19) Add any reimbursement received during the taxable year	8509
of any amount the taxpayer deducted under division (A)(18) of this	8510
section in any previous taxable year to the extent the amount is	8511
not otherwise included in Ohio adjusted gross income.	8512

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	8513
(v) of this section, add five-sixths of the amount of depreciation	8514
expense allowed by subsection (k) of section 168 of the Internal	8515
Revenue Code, including the taxpayer's proportionate or	8516
distributive share of the amount of depreciation expense allowed	8517
by that subsection to a pass-through entity in which the taxpayer	8518
has a direct or indirect ownership interest.	8519

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	8520
this section, add five-sixths of the amount of qualifying section	8521
179 depreciation expense, including the taxpayer's proportionate	8522
or distributive share of the amount of qualifying section 179	8523
depreciation expense allowed to any pass-through entity in which	8524
the taxpayer has a direct or indirect ownership interest.	8525

(iii) Subject to division (A)(20)(a)(v) of this section, for	8526
taxable years beginning in 2012 or thereafter, if the increase in	8527
income taxes withheld by the taxpayer is equal to or greater than	8528
ten per cent of income taxes withheld by the taxpayer during the	8529
taxpayer's immediately preceding taxable year, "two-thirds" shall	8530
be substituted for "five-sixths" for the purpose of divisions	8531
(A)(20)(a)(i) and (ii) of this section.	8532

(iv) Subject to division (A)(20)(a)(v) of this section, for	8533
taxable years beginning in 2012 or thereafter, a taxpayer is not	8534
required to add an amount under division (A)(20) of this section	8535
if the increase in income taxes withheld by the taxpayer and by	8536
any pass-through entity in which the taxpayer has a direct or	8537
indirect ownership interest is equal to or greater than the sum of	8538
(I) the amount of qualifying section 179 depreciation expense and	8539
(II) the amount of depreciation expense allowed to the taxpayer by	8540
subsection (k) of section 168 of the Internal Revenue Code, and	8541
including the taxpayer's proportionate or distributive shares of	8542
such amounts allowed to any such pass-through entities.	8543

(v) If a taxpayer directly or indirectly incurs a net	8544
operating loss for the taxable year for federal income tax	8545
purposes, to the extent such loss resulted from depreciation	8546
expense allowed by subsection (k) of section 168 of the Internal	8547
Revenue Code and by qualifying section 179 depreciation expense,	8548
"the entire" shall be substituted for "five-sixths of the" for the	8549
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	8550

The tax commissioner, under procedures established by the	8551
commissioner, may waive the add-backs related to a pass-through	8552
entity if the taxpayer owns, directly or indirectly, less than	8553
five per cent of the pass-through entity.	8554

(b) Nothing in division (A)(20) of this section shall be	8555
construed to adjust or modify the adjusted basis of any asset.	8556

(c) To the extent the add-back required under division	8557
(A)(20)(a) of this section is attributable to property generating	8558
nonbusiness income or loss allocated under section 5747.20 of the	8559
Revised Code, the add-back shall be sitused to the same location	8560
as the nonbusiness income or loss generated by the property for	8561
the purpose of determining the credit under division (A) of	8562
section 5747.05 of the Revised Code. Otherwise, the add-back shall	8563
be apportioned, subject to one or more of the four alternative	8564
methods of apportionment enumerated in section 5747.21 of the	8565
Revised Code.	8566

(d) For the purposes of division (A)(20)(a)(v) of this	8567
section, net operating loss carryback and carryforward shall not	8568
include the allowance of any net operating loss deduction	8569
carryback or carryforward to the taxable year to the extent such	8570
loss resulted from depreciation allowed by section 168(k) of the	8571
Internal Revenue Code and by the qualifying section 179	8572
depreciation expense amount.	8573

(e) For the purposes of divisions (A)(20) and (21) of this	8574
section:	8575

(i) "Income taxes withheld" means the total amount withheld	8576
and remitted under sections 5747.06 and 5747.07 of the Revised	8577
Code by an employer during the employer's taxable year.	8578

(ii) "Increase in income taxes withheld" means the amount by	8579
which the amount of income taxes withheld by an employer during	8580
the employer's current taxable year exceeds the amount of income	8581
taxes withheld by that employer during the employer's immediately	8582
preceding taxable year.	8583

(iii) "Qualifying section 179 depreciation expense" means the	8584
difference between (I) the amount of depreciation expense directly	8585
or indirectly allowed to a taxpayer under section 179 of the	8586
Internal Revised Code, and (II) the amount of depreciation expense	8587
directly or indirectly allowed to the taxpayer under section 179	8588
of the Internal Revenue Code as that section existed on December	8589
31, 2002.	8590

(21)(a) If the taxpayer was required to add an amount under	8591
division (A)(20)(a) of this section for a taxable year, deduct one	8592
of the following:	8593

(i) One-fifth of the amount so added for each of the five	8594
succeeding taxable years if the amount so added was five-sixths of	8595
qualifying section 179 depreciation expense or depreciation	8596
expense allowed by subsection (k) of section 168 of the Internal	8597
Revenue Code;	8598

(ii) One-half of the amount so added for each of the two	8599
succeeding taxable years if the amount so added was two-thirds of	8600
such depreciation expense;	8601

(iii) One-sixth of the amount so added for each of the six	8602
succeeding taxable years if the entire amount of such depreciation	8603
expense was so added.	8604

(b) If the amount deducted under division (A)(21)(a) of this	8605
section is attributable to an add-back allocated under division	8606
(A)(20)(c) of this section, the amount deducted shall be sitused	8607
to the same location. Otherwise, the add-back shall be apportioned	8608
using the apportionment factors for the taxable year in which the	8609
deduction is taken, subject to one or more of the four alternative	8610
methods of apportionment enumerated in section 5747.21 of the	8611
Revised Code.	8612

(c) No deduction is available under division (A)(21)(a) of	8613
this section with regard to any depreciation allowed by section	8614
168(k) of the Internal Revenue Code and by the qualifying section	8615
179 depreciation expense amount to the extent that such	8616
depreciation results in or increases a federal net operating loss	8617
carryback or carryforward. If no such deduction is available for a	8618
taxable year, the taxpayer may carry forward the amount not	8619
deducted in such taxable year to the next taxable year and add	8620
that amount to any deduction otherwise available under division	8621
(A)(21)(a) of this section for that next taxable year. The	8622
carryforward of amounts not so deducted shall continue until the	8623
entire addition required by division (A)(20)(a) of this section	8624
has been deducted.	8625

(d) No refund shall be allowed as a result of adjustments	8626
made by division (A)(21) of this section.	8627

(22) Deduct, to the extent not otherwise deducted or excluded	8628
in computing federal or Ohio adjusted gross income for the taxable	8629
year, the amount the taxpayer received during the taxable year as	8630
reimbursement for life insurance premiums under section 5919.31 of	8631
the Revised Code.	8632

(23) Deduct, to the extent not otherwise deducted or excluded	8633
in computing federal or Ohio adjusted gross income for the taxable	8634
year, the amount the taxpayer received during the taxable year as	8635
a death benefit paid by the adjutant general under section 5919.33	8636
of the Revised Code.	8637

(24) Deduct, to the extent included in federal adjusted gross	8638
income and not otherwise allowable as a deduction or exclusion in	8639
computing federal or Ohio adjusted gross income for the taxable	8640
year, military pay and allowances received by the taxpayer during	8641
the taxable year for active duty service in the United States	8642
army, air force, navy, marine corps, or coast guard or reserve	8643
components thereof or the national guard. The deduction may not be	8644
claimed for military pay and allowances received by the taxpayer	8645
while the taxpayer is stationed in this state.	8646

(25) Deduct, to the extent not otherwise allowable as a	8647
deduction or exclusion in computing federal or Ohio adjusted gross	8648
income for the taxable year and not otherwise compensated for by	8649
any other source, the amount of qualified organ donation expenses	8650
incurred by the taxpayer during the taxable year, not to exceed	8651
ten thousand dollars. A taxpayer may deduct qualified organ	8652
donation expenses only once for all taxable years beginning with	8653
taxable years beginning in 2007.	8654

For the purposes of division (A)(25) of this section:

8655

(a) "Human organ" means all or any portion of a human liver,	8656
pancreas, kidney, intestine, or lung, and any portion of human	8657
bone marrow.	8658

(b) "Qualified organ donation expenses" means travel	8659
expenses, lodging expenses, and wages and salary forgone by a	8660
taxpayer in connection with the taxpayer's donation, while living,	8661
of one or more of the taxpayer's human organs to another human	8662
being.	8663

(26) Deduct, to the extent not otherwise deducted or excluded	8664
in computing federal or Ohio adjusted gross income for the taxable	8665
year, amounts received by the taxpayer as retired military	8666
personnel pay for service in the United States army, navy, air	8667
force, coast guard, or marine corps or reserve components thereof,	8668
or the national guard, or received by the surviving spouse or	8669
former spouse of such a taxpayer under the survivor benefit plan	8670
on account of such a taxpayer's death. If the taxpayer receives	8671
income on account of retirement paid under the federal civil	8672
service retirement system or federal employees retirement system,	8673
or under any successor retirement program enacted by the congress	8674
of the United States that is established and maintained for	8675
retired employees of the United States government, and such	8676
retirement income is based, in whole or in part, on credit for the	8677
taxpayer's military service, the deduction allowed under this	8678
division shall include only that portion of such retirement income	8679
that is attributable to the taxpayer's military service, to the	8680
extent that portion of such retirement income is otherwise	8681
included in federal adjusted gross income and is not otherwise	8682
deducted under this section. Any amount deducted under division	8683
(A)(26) of this section is not included in a taxpayer's adjusted	8684
gross income for the purposes of section 5747.055 of the Revised	8685
Code. No amount may be deducted under division (A)(26) of this	8686
section on the basis of which a credit was claimed under section	8687
5747.055 of the Revised Code.	8688

(27) Deduct, to the extent not otherwise deducted or excluded	8689
in computing federal or Ohio adjusted gross income for the taxable	8690
year, the amount the taxpayer received during the taxable year	8691
from the military injury relief fund created in section 5101.98 of	8692
the Revised Code.	8693

(28) Deduct, to the extent not otherwise deducted or excluded	8694
in computing federal or Ohio adjusted gross income for the taxable	8695
year, the amount the taxpayer received as a veterans bonus during	8696
the taxable year from the Ohio department of veterans services as	8697
authorized by Section 2r of Article VIII, Ohio Constitution.	8698

(29) Deduct, to the extent not otherwise deducted or excluded	8699
in computing federal or Ohio adjusted gross income for the taxable	8700
year, any loss from wagering transactions that is allowed as an	8701
itemized deduction under section 165 of the Internal Revenue Code	8702
and that the taxpayer deducted in computing federal taxable	8703
income.	8704

(30) Deduct, to the extent not otherwise deducted or excluded	8705
in computing federal or Ohio adjusted gross income for the taxable	8706
year, any income ~~derived from providing public services under a~~	8707
~~contract through a project owned by the state, as described in~~	8708
~~section 126.604 of the Revised Code or~~ derived from a transfer	8709
agreement or from the enterprise transferred under that agreement	8710
under section 4313.02 of the Revised Code.	8711

(31) Deduct, to the extent not otherwise deducted or excluded	8712
in computing federal or Ohio adjusted gross income for the taxable	8713
year, Ohio college opportunity or federal Pell grant amounts	8714
received by the taxpayer or the taxpayer's spouse or dependent	8715
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	8716
1070a, et seq., and used to pay room or board furnished by the	8717
educational institution for which the grant was awarded at the	8718
institution's facilities, including meal plans administered by the	8719
institution. For the purposes of this division, receipt of a grant	8720
includes the distribution of a grant directly to an educational	8721
institution and the crediting of the grant to the enrollee's	8722
account with the institution.	8723

(B) "Business income" means income, including gain or loss,	8724
arising from transactions, activities, and sources in the regular	8725
course of a trade or business and includes income, gain, or loss	8726
from real property, tangible property, and intangible property if	8727
the acquisition, rental, management, and disposition of the	8728
property constitute integral parts of the regular course of a	8729
trade or business operation. "Business income" includes income,	8730
including gain or loss, from a partial or complete liquidation of	8731
a business, including, but not limited to, gain or loss from the	8732
sale or other disposition of goodwill.	8733

(C) "Nonbusiness income" means all income other than business	8734
income and may include, but is not limited to, compensation, rents	8735
and royalties from real or tangible personal property, capital	8736
gains, interest, dividends and distributions, patent or copyright	8737
royalties, or lottery winnings, prizes, and awards.	8738

(D) "Compensation" means any form of remuneration paid to an	8739
employee for personal services.	8740

(E) "Fiduciary" means a guardian, trustee, executor,	8741
administrator, receiver, conservator, or any other person acting	8742
in any fiduciary capacity for any individual, trust, or estate.	8743

(F) "Fiscal year" means an accounting period of twelve months	8744
ending on the last day of any month other than December.	8745

(G) "Individual" means any natural person.

8746

(H) "Internal Revenue Code" means the "Internal Revenue Code	8747
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	8748

(I) "Resident" means any of the following, provided that	8749
division (I)(3) of this section applies only to taxable years of a	8750
trust beginning in 2002 or thereafter:	8751

(1) An individual who is domiciled in this state, subject to	8752
section 5747.24 of the Revised Code;	8753

(2) The estate of a decedent who at the time of death was	8754
domiciled in this state. The domicile tests of section 5747.24 of	8755
the Revised Code are not controlling for purposes of division	8756
(I)(2) of this section.	8757

(3) A trust that, in whole or part, resides in this state. If	8758
only part of a trust resides in this state, the trust is a	8759
resident only with respect to that part.	8760

For the purposes of division (I)(3) of this section:

8761

(a) A trust resides in this state for the trust's current	8762
taxable year to the extent, as described in division (I)(3)(d) of	8763
this section, that the trust consists directly or indirectly, in	8764
whole or in part, of assets, net of any related liabilities, that	8765
were transferred, or caused to be transferred, directly or	8766
indirectly, to the trust by any of the following:	8767

(i) A person, a court, or a governmental entity or	8768
instrumentality on account of the death of a decedent, but only if	8769
the trust is described in division (I)(3)(e)(i) or (ii) of this	8770
section;	8771

(ii) A person who was domiciled in this state for the	8772
purposes of this chapter when the person directly or indirectly	8773
transferred assets to an irrevocable trust, but only if at least	8774
one of the trust's qualifying beneficiaries is domiciled in this	8775
state for the purposes of this chapter during all or some portion	8776
of the trust's current taxable year;	8777

(iii) A person who was domiciled in this state for the	8778
purposes of this chapter when the trust document or instrument or	8779
part of the trust document or instrument became irrevocable, but	8780
only if at least one of the trust's qualifying beneficiaries is a	8781
resident domiciled in this state for the purposes of this chapter	8782
during all or some portion of the trust's current taxable year. If	8783
a trust document or instrument became irrevocable upon the death	8784
of a person who at the time of death was domiciled in this state	8785
for purposes of this chapter, that person is a person described in	8786
division (I)(3)(a)(iii) of this section.	8787

(b) A trust is irrevocable to the extent that the transferor	8788
is not considered to be the owner of the net assets of the trust	8789
under sections 671 to 678 of the Internal Revenue Code.	8790

(c) With respect to a trust other than a charitable lead	8791
trust, "qualifying beneficiary" has the same meaning as "potential	8792
current beneficiary" as defined in section 1361(e)(2) of the	8793
Internal Revenue Code, and with respect to a charitable lead trust	8794
"qualifying beneficiary" is any current, future, or contingent	8795
beneficiary, but with respect to any trust "qualifying	8796
beneficiary" excludes a person or a governmental entity or	8797
instrumentality to any of which a contribution would qualify for	8798
the charitable deduction under section 170 of the Internal Revenue	8799
Code.	8800

(d) For the purposes of division (I)(3)(a) of this section,	8801
the extent to which a trust consists directly or indirectly, in	8802
whole or in part, of assets, net of any related liabilities, that	8803
were transferred directly or indirectly, in whole or part, to the	8804
trust by any of the sources enumerated in that division shall be	8805
ascertained by multiplying the fair market value of the trust's	8806
assets, net of related liabilities, by the qualifying ratio, which	8807
shall be computed as follows:	8808

(i) The first time the trust receives assets, the numerator	8809
of the qualifying ratio is the fair market value of those assets	8810
at that time, net of any related liabilities, from sources	8811
enumerated in division (I)(3)(a) of this section. The denominator	8812
of the qualifying ratio is the fair market value of all the	8813
trust's assets at that time, net of any related liabilities.	8814

(ii) Each subsequent time the trust receives assets, a	8815
revised qualifying ratio shall be computed. The numerator of the	8816
revised qualifying ratio is the sum of (1) the fair market value	8817
of the trust's assets immediately prior to the subsequent	8818
transfer, net of any related liabilities, multiplied by the	8819
qualifying ratio last computed without regard to the subsequent	8820
transfer, and (2) the fair market value of the subsequently	8821
transferred assets at the time transferred, net of any related	8822
liabilities, from sources enumerated in division (I)(3)(a) of this	8823
section. The denominator of the revised qualifying ratio is the	8824
fair market value of all the trust's assets immediately after the	8825
subsequent transfer, net of any related liabilities.	8826

(iii) Whether a transfer to the trust is by or from any of	8827
the sources enumerated in division (I)(3)(a) of this section shall	8828
be ascertained without regard to the domicile of the trust's	8829
beneficiaries.	8830

(e) For the purposes of division (I)(3)(a)(i) of this	8831
section:	8832

(i) A trust is described in division (I)(3)(e)(i) of this	8833
section if the trust is a testamentary trust and the testator of	8834
that testamentary trust was domiciled in this state at the time of	8835
the testator's death for purposes of the taxes levied under	8836
Chapter 5731. of the Revised Code.	8837

(ii) A trust is described in division (I)(3)(e)(ii) of this	8838
section if the transfer is a qualifying transfer described in any	8839
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	8840
irrevocable inter vivos trust, and at least one of the trust's	8841
qualifying beneficiaries is domiciled in this state for purposes	8842
of this chapter during all or some portion of the trust's current	8843
taxable year.	8844

(f) For the purposes of division (I)(3)(e)(ii) of this	8845
section, a "qualifying transfer" is a transfer of assets, net of	8846
any related liabilities, directly or indirectly to a trust, if the	8847
transfer is described in any of the following:	8848

(i) The transfer is made to a trust, created by the decedent	8849
before the decedent's death and while the decedent was domiciled	8850
in this state for the purposes of this chapter, and, prior to the	8851
death of the decedent, the trust became irrevocable while the	8852
decedent was domiciled in this state for the purposes of this	8853
chapter.	8854

(ii) The transfer is made to a trust to which the decedent,	8855
prior to the decedent's death, had directly or indirectly	8856
transferred assets, net of any related liabilities, while the	8857
decedent was domiciled in this state for the purposes of this	8858
chapter, and prior to the death of the decedent the trust became	8859
irrevocable while the decedent was domiciled in this state for the	8860
purposes of this chapter.	8861

(iii) The transfer is made on account of a contractual	8862
relationship existing directly or indirectly between the	8863
transferor and either the decedent or the estate of the decedent	8864
at any time prior to the date of the decedent's death, and the	8865
decedent was domiciled in this state at the time of death for	8866
purposes of the taxes levied under Chapter 5731. of the Revised	8867
Code.	8868

(iv) The transfer is made to a trust on account of a	8869
contractual relationship existing directly or indirectly between	8870
the transferor and another person who at the time of the	8871
decedent's death was domiciled in this state for purposes of this	8872
chapter.	8873

(v) The transfer is made to a trust on account of the will of	8874
a testator who was domiciled in this state at the time of the	8875
testator's death for purposes of the taxes levied under Chapter	8876
5731. of the Revised Code.	8877

(vi) The transfer is made to a trust created by or caused to	8878
be created by a court, and the trust was directly or indirectly	8879
created in connection with or as a result of the death of an	8880
individual who, for purposes of the taxes levied under Chapter	8881
5731. of the Revised Code, was domiciled in this state at the time	8882
of the individual's death.	8883

(g) The tax commissioner may adopt rules to ascertain the	8884
part of a trust residing in this state.	8885

(J) "Nonresident" means an individual or estate that is not a	8886
resident. An individual who is a resident for only part of a	8887
taxable year is a nonresident for the remainder of that taxable	8888
year.	8889

(K) "Pass-through entity" has the same meaning as in section	8890
5733.04 of the Revised Code.	8891

(L) "Return" means the notifications and reports required to	8892
be filed pursuant to this chapter for the purpose of reporting the	8893
tax due and includes declarations of estimated tax when so	8894
required.	8895

(M) "Taxable year" means the calendar year or the taxpayer's	8896
fiscal year ending during the calendar year, or fractional part	8897
thereof, upon which the adjusted gross income is calculated	8898
pursuant to this chapter.	8899

(N) "Taxpayer" means any person subject to the tax imposed by	8900
section 5747.02 of the Revised Code or any pass-through entity	8901
that makes the election under division (D) of section 5747.08 of	8902
the Revised Code.	8903

(O) "Dependents" means dependents as defined in the Internal	8904
Revenue Code and as claimed in the taxpayer's federal income tax	8905
return for the taxable year or which the taxpayer would have been	8906
permitted to claim had the taxpayer filed a federal income tax	8907
return.	8908

(P) "Principal county of employment" means, in the case of a	8909
nonresident, the county within the state in which a taxpayer	8910
performs services for an employer or, if those services are	8911
performed in more than one county, the county in which the major	8912
portion of the services are performed.	8913

(Q) As used in sections 5747.50 to 5747.55 of the Revised	8914
Code:	8915

(1) "Subdivision" means any county, municipal corporation,	8916
park district, or township.	8917

(2) "Essential local government purposes" includes all	8918
functions that any subdivision is required by general law to	8919
exercise, including like functions that are exercised under a	8920
charter adopted pursuant to the Ohio Constitution.	8921

(R) "Overpayment" means any amount already paid that exceeds	8922
the figure determined to be the correct amount of the tax.	8923

(S) "Taxable income" or "Ohio taxable income" applies only to	8924
estates and trusts, and means federal taxable income, as defined	8925
and used in the Internal Revenue Code, adjusted as follows:	8926

(1) Add interest or dividends, net of ordinary, necessary,	8927
and reasonable expenses not deducted in computing federal taxable	8928
income, on obligations or securities of any state or of any	8929
political subdivision or authority of any state, other than this	8930
state and its subdivisions and authorities, but only to the extent	8931
that such net amount is not otherwise includible in Ohio taxable	8932
income and is described in either division (S)(1)(a) or (b) of	8933
this section:	8934

(a) The net amount is not attributable to the S portion of an	8935
electing small business trust and has not been distributed to	8936
beneficiaries for the taxable year;	8937

(b) The net amount is attributable to the S portion of an	8938
electing small business trust for the taxable year.	8939

(2) Add interest or dividends, net of ordinary, necessary,	8940
and reasonable expenses not deducted in computing federal taxable	8941
income, on obligations of any authority, commission,	8942
instrumentality, territory, or possession of the United States to	8943
the extent that the interest or dividends are exempt from federal	8944
income taxes but not from state income taxes, but only to the	8945
extent that such net amount is not otherwise includible in Ohio	8946
taxable income and is described in either division (S)(1)(a) or	8947
(b) of this section;	8948

(3) Add the amount of personal exemption allowed to the	8949
estate pursuant to section 642(b) of the Internal Revenue Code;	8950

(4) Deduct interest or dividends, net of related expenses	8951
deducted in computing federal taxable income, on obligations of	8952
the United States and its territories and possessions or of any	8953
authority, commission, or instrumentality of the United States to	8954
the extent that the interest or dividends are exempt from state	8955
taxes under the laws of the United States, but only to the extent	8956
that such amount is included in federal taxable income and is	8957
described in either division (S)(1)(a) or (b) of this section;	8958

(5) Deduct the amount of wages and salaries, if any, not	8959
otherwise allowable as a deduction but that would have been	8960
allowable as a deduction in computing federal taxable income for	8961
the taxable year, had the targeted jobs credit allowed under	8962
sections 38, 51, and 52 of the Internal Revenue Code not been in	8963
effect, but only to the extent such amount relates either to	8964
income included in federal taxable income for the taxable year or	8965
to income of the S portion of an electing small business trust for	8966
the taxable year;	8967

(6) Deduct any interest or interest equivalent, net of	8968
related expenses deducted in computing federal taxable income, on	8969
public obligations and purchase obligations, but only to the	8970
extent that such net amount relates either to income included in	8971
federal taxable income for the taxable year or to income of the S	8972
portion of an electing small business trust for the taxable year;	8973

(7) Add any loss or deduct any gain resulting from sale,	8974
exchange, or other disposition of public obligations to the extent	8975
that such loss has been deducted or such gain has been included in	8976
computing either federal taxable income or income of the S portion	8977
of an electing small business trust for the taxable year;	8978

(8) Except in the case of the final return of an estate, add	8979
any amount deducted by the taxpayer on both its Ohio estate tax	8980
return pursuant to section 5731.14 of the Revised Code, and on its	8981
federal income tax return in determining federal taxable income;	8982

(9)(a) Deduct any amount included in federal taxable income	8983
solely because the amount represents a reimbursement or refund of	8984
expenses that in a previous year the decedent had deducted as an	8985
itemized deduction pursuant to section 63 of the Internal Revenue	8986
Code and applicable treasury regulations. The deduction otherwise	8987
allowed under division (S)(9)(a) of this section shall be reduced	8988
to the extent the reimbursement is attributable to an amount the	8989
taxpayer or decedent deducted under this section in any taxable	8990
year.	8991

(b) Add any amount not otherwise included in Ohio taxable	8992
income for any taxable year to the extent that the amount is	8993
attributable to the recovery during the taxable year of any amount	8994
deducted or excluded in computing federal or Ohio taxable income	8995
in any taxable year, but only to the extent such amount has not	8996
been distributed to beneficiaries for the taxable year.	8997

(10) Deduct any portion of the deduction described in section	8998
1341(a)(2) of the Internal Revenue Code, for repaying previously	8999
reported income received under a claim of right, that meets both	9000
of the following requirements:	9001

(a) It is allowable for repayment of an item that was	9002
included in the taxpayer's taxable income or the decedent's	9003
adjusted gross income for a prior taxable year and did not qualify	9004
for a credit under division (A) or (B) of section 5747.05 of the	9005
Revised Code for that year.	9006

(b) It does not otherwise reduce the taxpayer's taxable	9007
income or the decedent's adjusted gross income for the current or	9008
any other taxable year.	9009

(11) Add any amount claimed as a credit under section	9010
5747.059 or 5747.65 of the Revised Code to the extent that the	9011
amount satisfies either of the following:	9012

(a) The amount was deducted or excluded from the computation	9013
of the taxpayer's federal taxable income as required to be	9014
reported for the taxpayer's taxable year under the Internal	9015
Revenue Code;	9016

(b) The amount resulted in a reduction in the taxpayer's	9017
federal taxable income as required to be reported for any of the	9018
taxpayer's taxable years under the Internal Revenue Code.	9019

(12) Deduct any amount, net of related expenses deducted in	9020
computing federal taxable income, that a trust is required to	9021
report as farm income on its federal income tax return, but only	9022
if the assets of the trust include at least ten acres of land	9023
satisfying the definition of "land devoted exclusively to	9024
agricultural use" under section 5713.30 of the Revised Code,	9025
regardless of whether the land is valued for tax purposes as such	9026
land under sections 5713.30 to 5713.38 of the Revised Code. If the	9027
trust is a pass-through entity investor, section 5747.231 of the	9028
Revised Code applies in ascertaining if the trust is eligible to	9029
claim the deduction provided by division (S)(12) of this section	9030
in connection with the pass-through entity's farm income.	9031

Except for farm income attributable to the S portion of an	9032
electing small business trust, the deduction provided by division	9033
(S)(12) of this section is allowed only to the extent that the	9034
trust has not distributed such farm income. Division (S)(12) of	9035
this section applies only to taxable years of a trust beginning in	9036
2002 or thereafter.	9037

(13) Add the net amount of income described in section 641(c)	9038
of the Internal Revenue Code to the extent that amount is not	9039
included in federal taxable income.	9040

(14) Add or deduct the amount the taxpayer would be required	9041
to add or deduct under division (A)(20) or (21) of this section if	9042
the taxpayer's Ohio taxable income were computed in the same	9043
manner as an individual's Ohio adjusted gross income is computed	9044
under this section. In the case of a trust, division (S)(14) of	9045
this section applies only to any of the trust's taxable years	9046
beginning in 2002 or thereafter.	9047

(T) "School district income" and "school district income tax"	9048
have the same meanings as in section 5748.01 of the Revised Code.	9049

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	9050
of this section, "public obligations," "purchase obligations," and	9051
"interest or interest equivalent" have the same meanings as in	9052
section 5709.76 of the Revised Code.	9053

(V) "Limited liability company" means any limited liability	9054
company formed under Chapter 1705. of the Revised Code or under	9055
the laws of any other state.	9056

(W) "Pass-through entity investor" means any person who,	9057
during any portion of a taxable year of a pass-through entity, is	9058
a partner, member, shareholder, or equity investor in that	9059
pass-through entity.	9060

(X) "Banking day" has the same meaning as in section 1304.01	9061
of the Revised Code.	9062

(Y) "Month" means a calendar month.

9063

(Z) "Quarter" means the first three months, the second three	9064
months, the third three months, or the last three months of the	9065
taxpayer's taxable year.	9066

(AA)(1) "Eligible institution" means a state university or	9067
state institution of higher education as defined in section	9068
3345.011 of the Revised Code, or a private, nonprofit college,	9069
university, or other post-secondary institution located in this	9070
state that possesses a certificate of authorization issued by the	9071
Ohio board of regents pursuant to Chapter 1713. of the Revised	9072
Code or a certificate of registration issued by the state board of	9073
career colleges and schools under Chapter 3332. of the Revised	9074
Code.	9075

(2) "Qualified tuition and fees" means tuition and fees	9076
imposed by an eligible institution as a condition of enrollment or	9077
attendance, not exceeding two thousand five hundred dollars in	9078
each of the individual's first two years of post-secondary	9079
education. If the individual is a part-time student, "qualified	9080
tuition and fees" includes tuition and fees paid for the academic	9081
equivalent of the first two years of post-secondary education	9082
during a maximum of five taxable years, not exceeding a total of	9083
five thousand dollars. "Qualified tuition and fees" does not	9084
include:	9085

(a) Expenses for any course or activity involving sports,	9086
games, or hobbies unless the course or activity is part of the	9087
individual's degree or diploma program;	9088

(b) The cost of books, room and board, student activity fees,	9089
athletic fees, insurance expenses, or other expenses unrelated to	9090
the individual's academic course of instruction;	9091

(c) Tuition, fees, or other expenses paid or reimbursed	9092
through an employer, scholarship, grant in aid, or other	9093
educational benefit program.	9094

(BB)(1) "Modified business income" means the business income	9095
included in a trust's Ohio taxable income after such taxable	9096
income is first reduced by the qualifying trust amount, if any.	9097

(2) "Qualifying trust amount" of a trust means capital gains	9098
and losses from the sale, exchange, or other disposition of equity	9099
or ownership interests in, or debt obligations of, a qualifying	9100
investee to the extent included in the trust's Ohio taxable	9101
income, but only if the following requirements are satisfied:	9102

(a) The book value of the qualifying investee's physical	9103
assets in this state and everywhere, as of the last day of the	9104
qualifying investee's fiscal or calendar year ending immediately	9105
prior to the date on which the trust recognizes the gain or loss,	9106
is available to the trust.	9107

(b) The requirements of section 5747.011 of the Revised Code	9108
are satisfied for the trust's taxable year in which the trust	9109
recognizes the gain or loss.	9110

Any gain or loss that is not a qualifying trust amount is	9111
modified business income, qualifying investment income, or	9112
modified nonbusiness income, as the case may be.	9113

(3) "Modified nonbusiness income" means a trust's Ohio	9114
taxable income other than modified business income, other than the	9115
qualifying trust amount, and other than qualifying investment	9116
income, as defined in section 5747.012 of the Revised Code, to the	9117
extent such qualifying investment income is not otherwise part of	9118
modified business income.	9119

(4) "Modified Ohio taxable income" applies only to trusts,	9120
and means the sum of the amounts described in divisions (BB)(4)(a)	9121
to (c) of this section:	9122

(a) The fraction, calculated under section 5747.013, and	9123
applying section 5747.231 of the Revised Code, multiplied by the	9124
sum of the following amounts:	9125

(i) The trust's modified business income;

9126

(ii) The trust's qualifying investment income, as defined in	9127
section 5747.012 of the Revised Code, but only to the extent the	9128
qualifying investment income does not otherwise constitute	9129
modified business income and does not otherwise constitute a	9130
qualifying trust amount.	9131

(b) The qualifying trust amount multiplied by a fraction, the	9132
numerator of which is the sum of the book value of the qualifying	9133
investee's physical assets in this state on the last day of the	9134
qualifying investee's fiscal or calendar year ending immediately	9135
prior to the day on which the trust recognizes the qualifying	9136
trust amount, and the denominator of which is the sum of the book	9137
value of the qualifying investee's total physical assets	9138
everywhere on the last day of the qualifying investee's fiscal or	9139
calendar year ending immediately prior to the day on which the	9140
trust recognizes the qualifying trust amount. If, for a taxable	9141
year, the trust recognizes a qualifying trust amount with respect	9142
to more than one qualifying investee, the amount described in	9143
division (BB)(4)(b) of this section shall equal the sum of the	9144
products so computed for each such qualifying investee.	9145

(c)(i) With respect to a trust or portion of a trust that is	9146
a resident as ascertained in accordance with division (I)(3)(d) of	9147
this section, its modified nonbusiness income.	9148

(ii) With respect to a trust or portion of a trust that is	9149
not a resident as ascertained in accordance with division	9150
(I)(3)(d) of this section, the amount of its modified nonbusiness	9151
income satisfying the descriptions in divisions (B)(2) to (5) of	9152
section 5747.20 of the Revised Code, except as otherwise provided	9153
in division (BB)(4)(c)(ii) of this section. With respect to a	9154
trust or portion of a trust that is not a resident as ascertained	9155
in accordance with division (I)(3)(d) of this section, the trust's	9156
portion of modified nonbusiness income recognized from the sale,	9157
exchange, or other disposition of a debt interest in or equity	9158
interest in a section 5747.212 entity, as defined in section	9159
5747.212 of the Revised Code, without regard to division (A) of	9160
that section, shall not be allocated to this state in accordance	9161
with section 5747.20 of the Revised Code but shall be apportioned	9162
to this state in accordance with division (B) of section 5747.212	9163
of the Revised Code without regard to division (A) of that	9164
section.	9165

If the allocation and apportionment of a trust's income under	9166
divisions (BB)(4)(a) and (c) of this section do not fairly	9167
represent the modified Ohio taxable income of the trust in this	9168
state, the alternative methods described in division (C) of	9169
section 5747.21 of the Revised Code may be applied in the manner	9170
and to the same extent provided in that section.	9171

(5)(a) Except as set forth in division (BB)(5)(b) of this	9172
section, "qualifying investee" means a person in which a trust has	9173
an equity or ownership interest, or a person or unit of government	9174
the debt obligations of either of which are owned by a trust. For	9175
the purposes of division (BB)(2)(a) of this section and for the	9176
purpose of computing the fraction described in division (BB)(4)(b)	9177
of this section, all of the following apply:	9178

(i) If the qualifying investee is a member of a qualifying	9179
controlled group on the last day of the qualifying investee's	9180
fiscal or calendar year ending immediately prior to the date on	9181
which the trust recognizes the gain or loss, then "qualifying	9182
investee" includes all persons in the qualifying controlled group	9183
on such last day.	9184

(ii) If the qualifying investee, or if the qualifying	9185
investee and any members of the qualifying controlled group of	9186
which the qualifying investee is a member on the last day of the	9187
qualifying investee's fiscal or calendar year ending immediately	9188
prior to the date on which the trust recognizes the gain or loss,	9189
separately or cumulatively own, directly or indirectly, on the	9190
last day of the qualifying investee's fiscal or calendar year	9191
ending immediately prior to the date on which the trust recognizes	9192
the qualifying trust amount, more than fifty per cent of the	9193
equity of a pass-through entity, then the qualifying investee and	9194
the other members are deemed to own the proportionate share of the	9195
pass-through entity's physical assets which the pass-through	9196
entity directly or indirectly owns on the last day of the	9197
pass-through entity's calendar or fiscal year ending within or	9198
with the last day of the qualifying investee's fiscal or calendar	9199
year ending immediately prior to the date on which the trust	9200
recognizes the qualifying trust amount.	9201

(iii) For the purposes of division (BB)(5)(a)(iii) of this	9202
section, "upper level pass-through entity" means a pass-through	9203
entity directly or indirectly owning any equity of another	9204
pass-through entity, and "lower level pass-through entity" means	9205
that other pass-through entity.	9206

An upper level pass-through entity, whether or not it is also	9207
a qualifying investee, is deemed to own, on the last day of the	9208
upper level pass-through entity's calendar or fiscal year, the	9209
proportionate share of the lower level pass-through entity's	9210
physical assets that the lower level pass-through entity directly	9211
or indirectly owns on the last day of the lower level pass-through	9212
entity's calendar or fiscal year ending within or with the last	9213
day of the upper level pass-through entity's fiscal or calendar	9214
year. If the upper level pass-through entity directly and	9215
indirectly owns less than fifty per cent of the equity of the	9216
lower level pass-through entity on each day of the upper level	9217
pass-through entity's calendar or fiscal year in which or with	9218
which ends the calendar or fiscal year of the lower level	9219
pass-through entity and if, based upon clear and convincing	9220
evidence, complete information about the location and cost of the	9221
physical assets of the lower pass-through entity is not available	9222
to the upper level pass-through entity, then solely for purposes	9223
of ascertaining if a gain or loss constitutes a qualifying trust	9224
amount, the upper level pass-through entity shall be deemed as	9225
owning no equity of the lower level pass-through entity for each	9226
day during the upper level pass-through entity's calendar or	9227
fiscal year in which or with which ends the lower level	9228
pass-through entity's calendar or fiscal year. Nothing in division	9229
(BB)(5)(a)(iii) of this section shall be construed to provide for	9230
any deduction or exclusion in computing any trust's Ohio taxable	9231
income.	9232

(b) With respect to a trust that is not a resident for the	9233
taxable year and with respect to a part of a trust that is not a	9234
resident for the taxable year, "qualifying investee" for that	9235
taxable year does not include a C corporation if both of the	9236
following apply:	9237

(i) During the taxable year the trust or part of the trust	9238
recognizes a gain or loss from the sale, exchange, or other	9239
disposition of equity or ownership interests in, or debt	9240
obligations of, the C corporation.	9241

(ii) Such gain or loss constitutes nonbusiness income.

9242

(6) "Available" means information is such that a person is	9243
able to learn of the information by the due date plus extensions,	9244
if any, for filing the return for the taxable year in which the	9245
trust recognizes the gain or loss.	9246

(CC) "Qualifying controlled group" has the same meaning as in	9247
section 5733.04 of the Revised Code.	9248

(DD) "Related member" has the same meaning as in section	9249
5733.042 of the Revised Code.	9250

(EE)(1) For the purposes of division (EE) of this section:

9251

(a) "Qualifying person" means any person other than a	9252
qualifying corporation.	9253

(b) "Qualifying corporation" means any person classified for	9254
federal income tax purposes as an association taxable as a	9255
corporation, except either of the following:	9256

(i) A corporation that has made an election under subchapter	9257
S, chapter one, subtitle A, of the Internal Revenue Code for its	9258
taxable year ending within, or on the last day of, the investor's	9259
taxable year;	9260

(ii) A subsidiary that is wholly owned by any corporation	9261
that has made an election under subchapter S, chapter one,	9262
subtitle A of the Internal Revenue Code for its taxable year	9263
ending within, or on the last day of, the investor's taxable year.	9264

(2) For the purposes of this chapter, unless expressly stated	9265
otherwise, no qualifying person indirectly owns any asset directly	9266
or indirectly owned by any qualifying corporation.	9267

(FF) For purposes of this chapter and Chapter 5751. of the	9268
Revised Code:	9269

(1) "Trust" does not include a qualified pre-income tax	9270
trust.	9271

(2) A "qualified pre-income tax trust" is any pre-income tax	9272
trust that makes a qualifying pre-income tax trust election as	9273
described in division (FF)(3) of this section.	9274

(3) A "qualifying pre-income tax trust election" is an	9275
election by a pre-income tax trust to subject to the tax imposed	9276
by section 5751.02 of the Revised Code the pre-income tax trust	9277
and all pass-through entities of which the trust owns or controls,	9278
directly, indirectly, or constructively through related interests,	9279
five per cent or more of the ownership or equity interests. The	9280
trustee shall notify the tax commissioner in writing of the	9281
election on or before April 15, 2006. The election, if timely	9282
made, shall be effective on and after January 1, 2006, and shall	9283
apply for all tax periods and tax years until revoked by the	9284
trustee of the trust.	9285

(4) A "pre-income tax trust" is a trust that satisfies all of	9286
the following requirements:	9287

(a) The document or instrument creating the trust was	9288
executed by the grantor before January 1, 1972;	9289

(b) The trust became irrevocable upon the creation of the	9290
trust; and	9291

(c) The grantor was domiciled in this state at the time the	9292
trust was created.	9293

Sec. 5751.01. As used in this chapter:

9294

(A) "Person" means, but is not limited to, individuals,	9295
combinations of individuals of any form, receivers, assignees,	9296
trustees in bankruptcy, firms, companies, joint-stock companies,	9297
business trusts, estates, partnerships, limited liability	9298
partnerships, limited liability companies, associations, joint	9299
ventures, clubs, societies, for-profit corporations, S	9300
corporations, qualified subchapter S subsidiaries, qualified	9301
subchapter S trusts, trusts, entities that are disregarded for	9302
federal income tax purposes, and any other entities.	9303

(B) "Consolidated elected taxpayer" means a group of two or	9304
more persons treated as a single taxpayer for purposes of this	9305
chapter as the result of an election made under section 5751.011	9306
of the Revised Code.	9307

(C) "Combined taxpayer" means a group of two or more persons	9308
treated as a single taxpayer for purposes of this chapter under	9309
section 5751.012 of the Revised Code.	9310

(D) "Taxpayer" means any person, or any group of persons in	9311
the case of a consolidated elected taxpayer or combined taxpayer	9312
treated as one taxpayer, required to register or pay tax under	9313
this chapter. "Taxpayer" does not include excluded persons.	9314

(E) "Excluded person" means any of the following:

9315

(1) Any person with not more than one hundred fifty thousand	9316
dollars of taxable gross receipts during the calendar year.	9317
Division (E)(1) of this section does not apply to a person that is	9318
a member of a consolidated elected taxpayer;	9319

(2) A public utility that paid the excise tax imposed by	9320
section 5727.24 or 5727.30 of the Revised Code based on one or	9321
more measurement periods that include the entire tax period under	9322
this chapter, except that a public utility that is a combined	9323
company is a taxpayer with regard to the following gross receipts:	9324

(a) Taxable gross receipts directly attributed to a public	9325
utility activity, but not directly attributed to an activity that	9326
is subject to the excise tax imposed by section 5727.24 or 5727.30	9327
of the Revised Code;	9328

(b) Taxable gross receipts that cannot be directly attributed	9329
to any activity, multiplied by a fraction whose numerator is the	9330
taxable gross receipts described in division (E)(2)(a) of this	9331
section and whose denominator is the total taxable gross receipts	9332
that can be directly attributed to any activity;	9333

(c) Except for any differences resulting from the use of an	9334
accrual basis method of accounting for purposes of determining	9335
gross receipts under this chapter and the use of the cash basis	9336
method of accounting for purposes of determining gross receipts	9337
under section 5727.24 of the Revised Code, the gross receipts	9338
directly attributed to the activity of a natural gas company shall	9339
be determined in a manner consistent with division (D) of section	9340
5727.03 of the Revised Code.	9341

As used in division (E)(2) of this section, "combined	9342
company" and "public utility" have the same meanings as in section	9343
5727.01 of the Revised Code.	9344

(3) A financial institution, as defined in section 5726.01 of	9345
the Revised Code, that paid the tax imposed by section 5726.02 of	9346
the Revised Code based on one or more taxable years that include	9347
the entire tax period under this chapter;	9348

(4) A person directly or indirectly owned by one or more	9349
financial institutions, as defined in section 5726.01 of the	9350
Revised Code, that paid the tax imposed by section 5726.02 of the	9351
Revised Code based on one or more taxable years that include the	9352
entire tax period under this chapter.	9353

For the purposes of division (E)(4) of this section, a person	9354
owns another person under the following circumstances:	9355

(a) In the case of corporations issuing capital stock, one	9356
corporation owns another corporation if it owns fifty per cent or	9357
more of the other corporation's capital stock with current voting	9358
rights;	9359

(b) In the case of a limited liability company, one person	9360
owns the company if that person's membership interest, as defined	9361
in section 1705.01 of the Revised Code, is fifty per cent or more	9362
of the combined membership interests of all persons owning such	9363
interests in the company;	9364

(c) In the case of a partnership, trust, or other	9365
unincorporated business organization other than a limited	9366
liability company, one person owns the organization if, under the	9367
articles of organization or other instrument governing the affairs	9368
of the organization, that person has a beneficial interest in the	9369
organization's profits, surpluses, losses, or distributions of	9370
fifty per cent or more of the combined beneficial interests of all	9371
persons having such an interest in the organization.	9372

(5) A domestic insurance company or foreign insurance	9373
company, as defined in section 5725.01 of the Revised Code, that	9374
paid the insurance company premiums tax imposed by section 5725.18	9375
or Chapter 5729. of the Revised Code, or an unauthorized insurance	9376
company whose gross premiums are subject to tax under section	9377
3905.36 of the Revised Code based on one or more measurement	9378
periods that include the entire tax period under this chapter;	9379

(6) A person that solely facilitates or services one or more	9380
securitizations of phase-in-recovery property pursuant to a final	9381
financing order as those terms are defined in section 4928.23 of	9382
the Revised Code. For purposes of this division, "securitization"	9383
means transferring one or more assets to one or more persons and	9384
then issuing securities backed by the right to receive payment	9385
from the asset or assets so transferred.	9386

(7) Except as otherwise provided in this division, a	9387
pre-income tax trust as defined in division (FF)(4) of section	9388
5747.01 of the Revised Code and any pass-through entity of which	9389
such pre-income tax trust owns or controls, directly, indirectly,	9390
or constructively through related interests, more than five per	9391
cent of the ownership or equity interests. If the pre-income tax	9392
trust has made a qualifying pre-income tax trust election under	9393
division (FF)(3) of section 5747.01 of the Revised Code, then the	9394
trust and the pass-through entities of which it owns or controls,	9395
directly, indirectly, or constructively through related interests,	9396
more than five per cent of the ownership or equity interests,	9397
shall not be excluded persons for purposes of the tax imposed	9398
under section 5751.02 of the Revised Code.	9399

(8) Nonprofit organizations or the state and its agencies,	9400
instrumentalities, or political subdivisions.	9401

(F) Except as otherwise provided in divisions (F)(2), (3),	9402
and (4) of this section, "gross receipts" means the total amount	9403
realized by a person, without deduction for the cost of goods sold	9404
or other expenses incurred, that contributes to the production of	9405
gross income of the person, including the fair market value of any	9406
property and any services received, and any debt transferred or	9407
forgiven as consideration.	9408

(1) The following are examples of gross receipts:

9409

(a) Amounts realized from the sale, exchange, or other	9410
disposition of the taxpayer's property to or with another;	9411

(b) Amounts realized from the taxpayer's performance of	9412
services for another;	9413

(c) Amounts realized from another's use or possession of the	9414
taxpayer's property or capital;	9415

(d) Any combination of the foregoing amounts.

9416

(2) "Gross receipts" excludes the following amounts:

9417

(a) Interest income except interest on credit sales;

9418

(b) Dividends and distributions from corporations, and	9419
distributive or proportionate shares of receipts and income from a	9420
pass-through entity as defined under section 5733.04 of the	9421
Revised Code;	9422

(c) Receipts from the sale, exchange, or other disposition of	9423
an asset described in section 1221 or 1231 of the Internal Revenue	9424
Code, without regard to the length of time the person held the	9425
asset. Notwithstanding section 1221 of the Internal Revenue Code,	9426
receipts from hedging transactions also are excluded to the extent	9427
the transactions are entered into primarily to protect a financial	9428
position, such as managing the risk of exposure to (i) foreign	9429
currency fluctuations that affect assets, liabilities, profits,	9430
losses, equity, or investments in foreign operations; (ii)	9431
interest rate fluctuations; or (iii) commodity price fluctuations.	9432
As used in division (F)(2)(c) of this section, "hedging	9433
transaction" has the same meaning as used in section 1221 of the	9434
Internal Revenue Code and also includes transactions accorded	9435
hedge accounting treatment under statement of financial accounting	9436
standards number 133 of the financial accounting standards board.	9437
For the purposes of division (F)(2)(c) of this section, the actual	9438
transfer of title of real or tangible personal property to another	9439
entity is not a hedging transaction.	9440

(d) Proceeds received attributable to the repayment,	9441
maturity, or redemption of the principal of a loan, bond, mutual	9442
fund, certificate of deposit, or marketable instrument;	9443

(e) The principal amount received under a repurchase	9444
agreement or on account of any transaction properly characterized	9445
as a loan to the person;	9446

(f) Contributions received by a trust, plan, or other	9447
arrangement, any of which is described in section 501(a) of the	9448
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	9449
1, Subchapter (D) of the Internal Revenue Code applies;	9450

(g) Compensation, whether current or deferred, and whether in	9451
cash or in kind, received or to be received by an employee, former	9452
employee, or the employee's legal successor for services rendered	9453
to or for an employer, including reimbursements received by or for	9454
an individual for medical or education expenses, health insurance	9455
premiums, or employee expenses, or on account of a dependent care	9456
spending account, legal services plan, any cafeteria plan	9457
described in section 125 of the Internal Revenue Code, or any	9458
similar employee reimbursement;	9459

(h) Proceeds received from the issuance of the taxpayer's own	9460
stock, options, warrants, puts, or calls, or from the sale of the	9461
taxpayer's treasury stock;	9462

(i) Proceeds received on the account of payments from	9463
insurance policies, except those proceeds received for the loss of	9464
business revenue;	9465

(j) Gifts or charitable contributions received; membership	9466
dues received by trade, professional, homeowners', or condominium	9467
associations; and payments received for educational courses,	9468
meetings, meals, or similar payments to a trade, professional, or	9469
other similar association; and fundraising receipts received by	9470
any person when any excess receipts are donated or used	9471
exclusively for charitable purposes;	9472

(k) Damages received as the result of litigation in excess of	9473
amounts that, if received without litigation, would be gross	9474
receipts;	9475

(l) Property, money, and other amounts received or acquired	9476
by an agent on behalf of another in excess of the agent's	9477
commission, fee, or other remuneration;	9478

(m) Tax refunds, other tax benefit recoveries, and	9479
reimbursements for the tax imposed under this chapter made by	9480
entities that are part of the same combined taxpayer or	9481
consolidated elected taxpayer group, and reimbursements made by	9482
entities that are not members of a combined taxpayer or	9483
consolidated elected taxpayer group that are required to be made	9484
for economic parity among multiple owners of an entity whose tax	9485
obligation under this chapter is required to be reported and paid	9486
entirely by one owner, pursuant to the requirements of sections	9487
5751.011 and 5751.012 of the Revised Code;	9488

(n) Pension reversions;

9489

(o) Contributions to capital;

9490

(p) Sales or use taxes collected as a vendor or an	9491
out-of-state seller on behalf of the taxing jurisdiction from a	9492
consumer or other taxes the taxpayer is required by law to collect	9493
directly from a purchaser and remit to a local, state, or federal	9494
tax authority;	9495

(q) In the case of receipts from the sale of cigarettes or	9496
tobacco products by a wholesale dealer, retail dealer,	9497
distributor, manufacturer, or seller, all as defined in section	9498
5743.01 of the Revised Code, an amount equal to the federal and	9499
state excise taxes paid by any person on or for such cigarettes or	9500
tobacco products under subtitle E of the Internal Revenue Code or	9501
Chapter 5743. of the Revised Code;	9502

(r) In the case of receipts from the sale of motor fuel by a	9503
licensed motor fuel dealer, licensed retail dealer, or licensed	9504
permissive motor fuel dealer, all as defined in section 5735.01 of	9505
the Revised Code, an amount equal to federal and state excise	9506
taxes paid by any person on such motor fuel under section 4081 of	9507
the Internal Revenue Code or Chapter 5735. of the Revised Code;	9508

(s) In the case of receipts from the sale of beer or	9509
intoxicating liquor, as defined in section 4301.01 of the Revised	9510
Code, by a person holding a permit issued under Chapter 4301. or	9511
4303. of the Revised Code, an amount equal to federal and state	9512
excise taxes paid by any person on or for such beer or	9513
intoxicating liquor under subtitle E of the Internal Revenue Code	9514
or Chapter 4301. or 4305. of the Revised Code;	9515

(t) Receipts realized by a new motor vehicle dealer or used	9516
motor vehicle dealer, as defined in section 4517.01 of the Revised	9517
Code, from the sale or other transfer of a motor vehicle, as	9518
defined in that section, to another motor vehicle dealer for the	9519
purpose of resale by the transferee motor vehicle dealer, but only	9520
if the sale or other transfer was based upon the transferee's need	9521
to meet a specific customer's preference for a motor vehicle;	9522

(u) Receipts from a financial institution described in	9523
division (E)(3) of this section for services provided to the	9524
financial institution in connection with the issuance, processing,	9525
servicing, and management of loans or credit accounts, if such	9526
financial institution and the recipient of such receipts have at	9527
least fifty per cent of their ownership interests owned or	9528
controlled, directly or constructively through related interests,	9529
by common owners;	9530

(v) Receipts realized from administering anti-neoplastic	9531
drugs and other cancer chemotherapy, biologicals, therapeutic	9532
agents, and supportive drugs in a physician's office to patients	9533
with cancer;	9534

(w) Funds received or used by a mortgage broker that is not a	9535
dealer in intangibles, other than fees or other consideration,	9536
pursuant to a table-funding mortgage loan or warehouse-lending	9537
mortgage loan. Terms used in division (F)(2)(w) of this section	9538
have the same meanings as in section 1322.01 of the Revised Code,	9539
except "mortgage broker" means a person assisting a buyer in	9540
obtaining a mortgage loan for a fee or other consideration paid by	9541
the buyer or a lender, or a person engaged in table-funding or	9542
warehouse-lending mortgage loans that are first lien mortgage	9543
loans.	9544

(x) Property, money, and other amounts received by a	9545
professional employer organization, as defined in section 4125.01	9546
of the Revised Code, from a client employer, as defined in that	9547
section, in excess of the administrative fee charged by the	9548
professional employer organization to the client employer;	9549

(y) In the case of amounts retained as commissions by a	9550
permit holder under Chapter 3769. of the Revised Code, an amount	9551
equal to the amounts specified under that chapter that must be	9552
paid to or collected by the tax commissioner as a tax and the	9553
amounts specified under that chapter to be used as purse money;	9554

(z) Qualifying distribution center receipts.

9555

(i) For purposes of division (F)(2)(z) of this section:

9556

(I) "Qualifying distribution center receipts" means receipts	9557
of a supplier from qualified property that is delivered to a	9558
qualified distribution center, multiplied by a quantity that	9559
equals one minus the Ohio delivery percentage. If the qualified	9560
distribution center is a refining facility, "supplier" includes	9561
all dealers, brokers, processors, sellers, vendors, cosigners, and	9562
distributors of qualified property.	9563

(II) "Qualified property" means tangible personal property	9564
delivered to a qualified distribution center that is shipped to	9565
that qualified distribution center solely for further shipping by	9566
the qualified distribution center to another location in this	9567
state or elsewhere or, in the case of gold, silver, platinum, or	9568
palladium delivered to a refining facility solely for refining to	9569
a grade and fineness acceptable for delivery to a registered	9570
commodities exchange. "Further shipping" includes storing and	9571
repackaging property into smaller or larger bundles, so long as	9572
the property is not subject to further manufacturing or	9573
processing. "Refining" is limited to extracting impurities from	9574
gold, silver, platinum, or palladium through smelting or some	9575
other process at a refining facility.	9576

(III) "Qualified distribution center" means a warehouse, a	9577
facility similar to a warehouse, or a refining facility in this	9578
state that, for the qualifying year, is operated by a person that	9579
is not part of a combined taxpayer group and that has a qualifying	9580
certificate. All warehouses or facilities similar to warehouses	9581
that are operated by persons in the same taxpayer group and that	9582
are located within one mile of each other shall be treated as one	9583
qualified distribution center. All refining facilities that are	9584
operated by persons in the same taxpayer group and that are	9585
located in the same or adjacent counties may be treated as one	9586
qualified distribution center.	9587

(IV) "Qualifying year" means the calendar year to which the	9588
qualifying certificate applies.	9589

(V) "Qualifying period" means the period of the first day of	9590
July of the second year preceding the qualifying year through the	9591
thirtieth day of June of the year preceding the qualifying year.	9592

(VI) "Qualifying certificate" means the certificate issued by	9593
the tax commissioner after the operator of a distribution center	9594
files an annual application with the commissioner. The application	9595
and annual fee shall be filed and paid for each qualified	9596
distribution center on or before the first day of September before	9597
the qualifying year or within forty-five days after the	9598
distribution center opens, whichever is later.	9599

The applicant must substantiate to the commissioner's	9600
satisfaction that, for the qualifying period, all persons	9601
operating the distribution center have more than fifty per cent of	9602
the cost of the qualified property shipped to a location such that	9603
it would be sitused outside this state under the provisions of	9604
division (E) of section 5751.033 of the Revised Code. The	9605
applicant must also substantiate that the distribution center	9606
cumulatively had costs from its suppliers equal to or exceeding	9607
five hundred million dollars during the qualifying period. (For	9608
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	9609
excludes any person that is part of the consolidated elected	9610
taxpayer group, if applicable, of the operator of the qualified	9611
distribution center.) The commissioner may require the applicant	9612
to have an independent certified public accountant certify that	9613
the calculation of the minimum thresholds required for a qualified	9614
distribution center by the operator of a distribution center has	9615
been made in accordance with generally accepted accounting	9616
principles. The commissioner shall issue or deny the issuance of a	9617
certificate within sixty days after the receipt of the	9618
application. A denial is subject to appeal under section 5717.02	9619
of the Revised Code. If the operator files a timely appeal under	9620
section 5717.02 of the Revised Code, the operator shall be granted	9621
a qualifying certificate, provided that the operator is liable for	9622
any tax, interest, or penalty upon amounts claimed as qualifying	9623
distribution center receipts, other than those receipts exempt	9624
under division (C)(1) of section 5751.011 of the Revised Code,	9625
that would have otherwise not been owed by its suppliers if the	9626
qualifying certificate was valid.	9627

(VII) "Ohio delivery percentage" means the proportion of the	9628
total property delivered to a destination inside Ohio from the	9629
qualified distribution center during the qualifying period	9630
compared with total deliveries from such distribution center	9631
everywhere during the qualifying period.	9632

(VIII) "Refining facility" means one or more buildings	9633
located in a county in the Appalachian region of this state as	9634
defined by section 107.21 of the Revised Code and utilized for	9635
refining or smelting gold, silver, platinum, or palladium to a	9636
grade and fineness acceptable for delivery to a registered	9637
commodities exchange.	9638

(IX) "Registered commodities exchange" means a board of	9639
trade, such as New York mercantile exchange, inc. or commodity	9640
exchange, inc., designated as a contract market by the commodity	9641
futures trading commission under the "Commodity Exchange Act," 7	9642
U.S.C. 1 et seq., as amended.	9643

(ii) If the distribution center is new and was not open for	9644
the entire qualifying period, the operator of the distribution	9645
center may request that the commissioner grant a qualifying	9646
certificate. If the certificate is granted and it is later	9647
determined that more than fifty per cent of the qualified property	9648
during that year was not shipped to a location such that it would	9649
be sitused outside of this state under the provisions of division	9650
(E) of section 5751.033 of the Revised Code or if it is later	9651
determined that the person that operates the distribution center	9652
had average monthly costs from its suppliers of less than forty	9653
million dollars during that year, then the operator of the	9654
distribution center shall be liable for any tax, interest, or	9655
penalty upon amounts claimed as qualifying distribution center	9656
receipts, other than those receipts exempt under division (C)(1)	9657
of section 5751.011 of the Revised Code, that would have not	9658
otherwise been owed by its suppliers during the qualifying year if	9659
the qualifying certificate was valid. (For purposes of division	9660
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	9661
is part of the consolidated elected taxpayer group, if applicable,	9662
of the operator of the qualified distribution center.)	9663

(iii) When filing an application for a qualifying certificate	9664
under division (F)(2)(z)(i)(VI) of this section, the operator of a	9665
qualified distribution center also shall provide documentation, as	9666
the commissioner requires, for the commissioner to ascertain the	9667
Ohio delivery percentage. The commissioner, upon issuing the	9668
qualifying certificate, also shall certify the Ohio delivery	9669
percentage. The operator of the qualified distribution center may	9670
appeal the commissioner's certification of the Ohio delivery	9671
percentage in the same manner as an appeal is taken from the	9672
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	9673
of this section.	9674

Within thirty days after all appeals have been exhausted, the	9675
operator of the qualified distribution center shall notify the	9676
affected suppliers of qualified property that such suppliers are	9677
required to file, within sixty days after receiving notice from	9678
the operator of the qualified distribution center, amended reports	9679
for the impacted calendar quarter or quarters or calendar year,	9680
whichever the case may be. Any additional tax liability or tax	9681
overpayment shall be subject to interest but shall not be subject	9682
to the imposition of any penalty so long as the amended returns	9683
are timely filed. The supplier of tangible personal property	9684
delivered to the qualified distribution center shall include in	9685
its report of taxable gross receipts the receipts from the total	9686
sales of property delivered to the qualified distribution center	9687
for the calendar quarter or calendar year, whichever the case may	9688
be, multiplied by the Ohio delivery percentage for the qualifying	9689
year. Nothing in division (F)(2)(z)(iii) of this section shall be	9690
construed as imposing liability on the operator of a qualified	9691
distribution center for the tax imposed by this chapter arising	9692
from any change to the Ohio delivery percentage.	9693

(iv) In the case where the distribution center is new and not	9694
open for the entire qualifying period, the operator shall make a	9695
good faith estimate of an Ohio delivery percentage for use by	9696
suppliers in their reports of taxable gross receipts for the	9697
remainder of the qualifying period. The operator of the facility	9698
shall disclose to the suppliers that such Ohio delivery percentage	9699
is an estimate and is subject to recalculation. By the due date of	9700
the next application for a qualifying certificate, the operator	9701
shall determine the actual Ohio delivery percentage for the	9702
estimated qualifying period and proceed as provided in division	9703
(F)(2)(z)(iii) of this section with respect to the calculation and	9704
recalculation of the Ohio delivery percentage. The supplier is	9705
required to file, within sixty days after receiving notice from	9706
the operator of the qualified distribution center, amended reports	9707
for the impacted calendar quarter or quarters or calendar year,	9708
whichever the case may be. Any additional tax liability or tax	9709
overpayment shall be subject to interest but shall not be subject	9710
to the imposition of any penalty so long as the amended returns	9711
are timely filed.	9712

(v) Qualifying certificates and Ohio delivery percentages	9713
issued by the commissioner shall be open to public inspection and	9714
shall be timely published by the commissioner. A supplier relying	9715
in good faith on a certificate issued under this division shall	9716
not be subject to tax on the qualifying distribution center	9717
receipts under division (F)(2)(z) of this section. A person	9718
receiving a qualifying certificate is responsible for paying the	9719
tax, interest, and penalty upon amounts claimed as qualifying	9720
distribution center receipts that would not otherwise have been	9721
owed by the supplier if the qualifying certificate were available	9722
when it is later determined that the qualifying certificate should	9723
not have been issued because the statutory requirements were in	9724
fact not met.	9725

(vi) The annual fee for a qualifying certificate shall be one	9726
hundred thousand dollars for each qualified distribution center.	9727
If a qualifying certificate is not issued, the annual fee is	9728
subject to refund after the exhaustion of all appeals provided for	9729
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	9730
under this division may be assessed in the same manner as the tax	9731
imposed under this chapter. The first one hundred thousand dollars	9732
of the annual application fees collected each calendar year shall	9733
be credited to the revenue enhancement fund. The remainder of the	9734
annual application fees collected shall be distributed in the same	9735
manner required under section 5751.20 of the Revised Code.	9736

(vii) The tax commissioner may require that adequate security	9737
be posted by the operator of the distribution center on appeal	9738
when the commissioner disagrees that the applicant has met the	9739
minimum thresholds for a qualified distribution center as set	9740
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	9741
section.	9742

(aa) Receipts of an employer from payroll deductions relating	9743
to the reimbursement of the employer for advancing moneys to an	9744
unrelated third party on an employee's behalf;	9745

(bb) Cash discounts allowed and taken;

9746

(cc) Returns and allowances;

9747

(dd) Bad debts from receipts on the basis of which the tax	9748
imposed by this chapter was paid in a prior quarterly tax payment	9749
period. For the purpose of this division, "bad debts" means any	9750
debts that have become worthless or uncollectible between the	9751
preceding and current quarterly tax payment periods, have been	9752
uncollected for at least six months, and that may be claimed as a	9753
deduction under section 166 of the Internal Revenue Code and the	9754
regulations adopted under that section, or that could be claimed	9755
as such if the taxpayer kept its accounts on the accrual basis.	9756
"Bad debts" does not include repossessed property, uncollectible	9757
amounts on property that remains in the possession of the taxpayer	9758
until the full purchase price is paid, or expenses in attempting	9759
to collect any account receivable or for any portion of the debt	9760
recovered;	9761

(ee) Any amount realized from the sale of an account	9762
receivable to the extent the receipts from the underlying	9763
transaction giving rise to the account receivable were included in	9764
the gross receipts of the taxpayer;	9765

(ff) Any receipts directly attributed ~~to providing public~~	9766
~~services pursuant to sections 126.60 to 126.605 of the Revised~~	9767
~~Code, or any receipts directly attributed~~ to a transfer agreement	9768
or to the enterprise transferred under that agreement under	9769
section 4313.02 of the Revised Code.	9770

(gg)(i) As used in this division:

9771

(I) "Qualified uranium receipts" means receipts from the	9772
sale, exchange, lease, loan, production, processing, or other	9773
disposition of uranium within a uranium enrichment zone certified	9774
by the tax commissioner under division (F)(2)(gg)(ii) of this	9775
section. "Qualified uranium receipts" does not include any	9776
receipts with a situs in this state outside a uranium enrichment	9777
zone certified by the tax commissioner under division	9778
(F)(2)(gg)(ii) of this section.	9779

(II) "Uranium enrichment zone" means all real property that	9780
is part of a uranium enrichment facility licensed by the United	9781
States nuclear regulatory commission and that was or is owned or	9782
controlled by the United States department of energy or its	9783
successor.	9784

(ii) Any person that owns, leases, or operates real or	9785
tangible personal property constituting or located within a	9786
uranium enrichment zone may apply to the tax commissioner to have	9787
the uranium enrichment zone certified for the purpose of excluding	9788
qualified uranium receipts under division (F)(2)(gg) of this	9789
section. The application shall include such information that the	9790
tax commissioner prescribes. Within sixty days after receiving the	9791
application, the tax commissioner shall certify the zone for that	9792
purpose if the commissioner determines that the property qualifies	9793
as a uranium enrichment zone as defined in division (F)(2)(gg) of	9794
this section, or, if the tax commissioner determines that the	9795
property does not qualify, the commissioner shall deny the	9796
application or request additional information from the applicant.	9797
If the tax commissioner denies an application, the commissioner	9798
shall state the reasons for the denial. The applicant may appeal	9799
the denial of an application to the board of tax appeals pursuant	9800
to section 5717.02 of the Revised Code. If the applicant files a	9801
timely appeal, the tax commissioner shall conditionally certify	9802
the applicant's property. The conditional certification shall	9803
expire when all of the applicant's appeals are exhausted. Until	9804
final resolution of the appeal, the applicant shall retain the	9805
applicant's records in accordance with section 5751.12 of the	9806
Revised Code, notwithstanding any time limit on the preservation	9807
of records under that section.	9808

(hh) Amounts realized by licensed motor fuel dealers or	9809
licensed permissive motor fuel dealers from the exchange of	9810
petroleum products, including motor fuel, between such dealers,	9811
provided that delivery of the petroleum products occurs at a	9812
refinery, terminal, pipeline, or marine vessel and that the	9813
exchanging dealers agree neither dealer shall require monetary	9814
compensation from the other for the value of the exchanged	9815
petroleum products other than such compensation for differences in	9816
product location or grade. Division (F)(2)(hh) of this section	9817
does not apply to amounts realized as a result of differences in	9818
location or grade of exchanged petroleum products or from	9819
handling, lubricity, dye, or other additive injections fees,	9820
pipeline security fees, or similar fees. As used in this division,	9821
"motor fuel," "licensed motor fuel dealer," "licensed permissive	9822
motor fuel dealer," and "terminal" have the same meanings as in	9823
section 5735.01 of the Revised Code.	9824

(ii) In the case of amounts collected by a licensed casino	9825
operator from casino gaming, amounts in excess of the casino	9826
operator's gross casino revenue. In this division, "casino	9827
operator" and "casino gaming" have the meanings defined in section	9828
3772.01 of the Revised Code, and "gross casino revenue" has the	9829
meaning defined in section 5753.01 of the Revised Code.	9830

(jj) Any receipts for which the tax imposed by this chapter	9831
is prohibited by the constitution or laws of the United States or	9832
the constitution of this state.	9833

(3) In the case of a taxpayer when acting as a real estate	9834
broker, "gross receipts" includes only the portion of any fee for	9835
the service of a real estate broker, or service of a real estate	9836
salesperson associated with that broker, that is retained by the	9837
broker and not paid to an associated real estate salesperson or	9838
another real estate broker. For the purposes of this division,	9839
"real estate broker" and "real estate salesperson" have the same	9840
meanings as in section 4735.01 of the Revised Code.	9841

(4) A taxpayer's method of accounting for gross receipts for	9842
a tax period shall be the same as the taxpayer's method of	9843
accounting for federal income tax purposes for the taxpayer's	9844
federal taxable year that includes the tax period. If a taxpayer's	9845
method of accounting for federal income tax purposes changes, its	9846
method of accounting for gross receipts under this chapter shall	9847
be changed accordingly.	9848

(G) "Taxable gross receipts" means gross receipts sitused to	9849
this state under section 5751.033 of the Revised Code.	9850

(H) A person has "substantial nexus with this state" if any	9851
of the following applies. The person:	9852

(1) Owns or uses a part or all of its capital in this state;

9853

(2) Holds a certificate of compliance with the laws of this	9854
state authorizing the person to do business in this state;	9855

(3) Has bright-line presence in this state;

9856

(4) Otherwise has nexus with this state to an extent that the	9857
person can be required to remit the tax imposed under this chapter	9858
under the Constitution of the United States.	9859

(I) A person has "bright-line presence" in this state for a	9860
reporting period and for the remaining portion of the calendar	9861
year if any of the following applies. The person:	9862

(1) Has at any time during the calendar year property in this	9863
state with an aggregate value of at least fifty thousand dollars.	9864
For the purpose of division (I)(1) of this section, owned property	9865
is valued at original cost and rented property is valued at eight	9866
times the net annual rental charge.	9867

(2) Has during the calendar year payroll in this state of at	9868
least fifty thousand dollars. Payroll in this state includes all	9869
of the following:	9870

(a) Any amount subject to withholding by the person under	9871
section 5747.06 of the Revised Code;	9872

(b) Any other amount the person pays as compensation to an	9873
individual under the supervision or control of the person for work	9874
done in this state; and	9875

(c) Any amount the person pays for services performed in this	9876
state on its behalf by another.	9877

(3) Has during the calendar year taxable gross receipts of at	9878
least five hundred thousand dollars.	9879

(4) Has at any time during the calendar year within this	9880
state at least twenty-five per cent of the person's total	9881
property, total payroll, or total gross receipts.	9882

(5) Is domiciled in this state as an individual or for	9883
corporate, commercial, or other business purposes.	9884

(J) "Tangible personal property" has the same meaning as in	9885
section 5739.01 of the Revised Code.	9886

(K) "Internal Revenue Code" means the Internal Revenue Code	9887
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	9888
this chapter that is not otherwise defined has the same meaning as	9889
when used in a comparable context in the laws of the United States	9890
relating to federal income taxes unless a different meaning is	9891
clearly required. Any reference in this chapter to the Internal	9892
Revenue Code includes other laws of the United States relating to	9893
federal income taxes.	9894

(L) "Calendar quarter" means a three-month period ending on	9895
the thirty-first day of March, the thirtieth day of June, the	9896
thirtieth day of September, or the thirty-first day of December.	9897

(M) "Tax period" means the calendar quarter or calendar year	9898
on the basis of which a taxpayer is required to pay the tax	9899
imposed under this chapter.	9900

(N) "Calendar year taxpayer" means a taxpayer for which the	9901
tax period is a calendar year.	9902

(O) "Calendar quarter taxpayer" means a taxpayer for which	9903
the tax period is a calendar quarter.	9904

(P) "Agent" means a person authorized by another person to	9905
act on its behalf to undertake a transaction for the other,	9906
including any of the following:	9907

(1) A person receiving a fee to sell financial instruments;

9908

(2) A person retaining only a commission from a transaction	9909
with the other proceeds from the transaction being remitted to	9910
another person;	9911

(3) A person issuing licenses and permits under section	9912
1533.13 of the Revised Code;	9913

(4) A lottery sales agent holding a valid license issued	9914
under section 3770.05 of the Revised Code;	9915

(5) A person acting as an agent of the division of liquor	9916
control under section 4301.17 of the Revised Code.	9917

(Q) "Received" includes amounts accrued under the accrual	9918
method of accounting.	9919

(R) "Reporting person" means a person in a consolidated	9920
elected taxpayer or combined taxpayer group that is designated by	9921
that group to legally bind the group for all filings and tax	9922
liabilities and to receive all legal notices with respect to	9923
matters under this chapter, or, for the purposes of section	9924
5751.04 of the Revised Code, a separate taxpayer that is not a	9925
member of such a group.	9926

Sec. 5751.02. (A) For the purpose of funding the needs of	9927
this state and its local governments ~~beginning with the tax period~~	9928
~~that commences July 1, 2005, and continuing for every tax period~~	9929
~~thereafter~~and providing revenue to the commercial activity tax	9930
motor fuel receipts fund, there is hereby levied a commercial	9931
activity tax on each person with taxable gross receipts for the	9932
privilege of doing business in this state. For the purposes of	9933
this chapter, "doing business" means engaging in any activity,	9934
whether legal or illegal, that is conducted for, or results in,	9935
gain, profit, or income, at any time during ~~the~~a calendar year.	9936
Persons on which the commercial activity tax is levied include,	9937
but are not limited to, persons with substantial nexus with this	9938
state. The tax imposed under this section is not a transactional	9939
tax and is not subject to Public Law No. 86-272, 73 Stat. 555. The	9940
tax imposed under this section is in addition to any other taxes	9941
or fees imposed under the Revised Code. The tax levied under this	9942
section is imposed on the person receiving the gross receipts and	9943
is not a tax imposed directly on a purchaser. The tax imposed by	9944
this section is an annual privilege tax for the calendar year	9945
that, in the case of calendar year taxpayers, is the annual tax	9946
period and, in the case of calendar quarter taxpayers, contains	9947
all quarterly tax periods in the calendar year. A taxpayer is	9948
subject to the annual privilege tax for doing business during any	9949
portion of such calendar year.	9950

(B) The tax imposed by this section is a tax on the taxpayer	9951
and shall not be billed or invoiced to another person. Even if the	9952
tax or any portion thereof is billed or invoiced and separately	9953
stated, such amounts remain part of the price for purposes of the	9954
sales and use taxes levied under Chapters 5739. and 5741. of the	9955
Revised Code. Nothing in division (B) of this section prohibits:	9956

(1) A person from including in the price charged for a good	9957
or service an amount sufficient to recover the tax imposed by this	9958
section; or	9959

(2) A lessor from including an amount sufficient to recover	9960
the tax imposed by this section in a lease payment charged, or	9961
from including such an amount on a billing or invoice pursuant to	9962
the terms of a written lease agreement providing for the recovery	9963
of the lessor's tax costs. The recovery of such costs shall be	9964
based on an estimate of the total tax cost of the lessor during	9965
the tax period, as the tax liability of the lessor cannot be	9966
calculated until the end of that period.	9967

Sec. 5751.051. (A)(1) Not later than the tenth day of the	9968
second month after the end of each calendar quarter, every	9969
taxpayer other than a calendar year taxpayer shall file with the	9970
tax commissioner a tax return in such form as the commissioner	9971
prescribes. The return shall include, but is not limited to, the	9972
amount of the taxpayer's taxable gross receipts for the calendar	9973
quarter and shall indicate the amount of tax due under section	9974
5751.03 of the Revised Code for the calendar quarter. The taxpayer	9975
shall indicate on the return the portion of the taxpayer's	9976
receipts attributable to motor fuel used for propelling vehicles	9977
on public highways.	9978

(2)(a) Subject to division (C) of section 5751.05 of the	9979
Revised Code, a calendar quarter taxpayer shall report the taxable	9980
gross receipts for that calendar quarter.	9981

(b) With respect to taxable gross receipts incorrectly	9982
reported in a calendar quarter that has a lower tax rate, the tax	9983
shall be computed at the tax rate in effect for the quarterly	9984
return in which such receipts should have been reported. Nothing	9985
in division (A)(2)(b) of this section prohibits a taxpayer from	9986
filing an application for refund under section 5751.08 of the	9987
Revised Code with regard to the incorrect reporting of taxable	9988
gross receipts discovered after filing the annual return described	9989
in division (A)(3) of this section.	9990

A tax return shall not be deemed to be an incorrect reporting	9991
of taxable gross receipts for the purposes of division (A)(2)(b)	9992
of this section if the return reflects between ninety-five and one	9993
hundred five per cent of the actual taxable gross receipts for the	9994
calendar quarter.	9995

(3) For the purposes of division (A)(2)(b) of this section,	9996
the tax return filed for the fourth calendar quarter of a calendar	9997
year is the annual return for the privilege tax imposed by this	9998
chapter. Such return shall report any additional taxable gross	9999
receipts not previously reported in the calendar year and shall	10000
adjust for any over-reported taxable gross receipts in the	10001
calendar year. If the taxpayer ceases to be a taxpayer before the	10002
end of the calendar year, the last return the taxpayer is required	10003
to file shall be the annual return for the taxpayer and the	10004
taxpayer shall report any additional taxable gross receipts not	10005
previously reported in the calendar year and shall adjust for any	10006
over-reported taxable gross receipts in the calendar year.	10007
Taxpayers reporting taxable gross receipts attributable to motor	10008
fuel used for propelling vehicles on public highways may not	10009
utilize the statutory estimation procedure provided in divisions	10010
(A)(2) and (3) of this section.	10011

(4) Because the tax imposed by this chapter is a privilege	10012
tax, the tax rate with respect to taxable gross receipts for a	10013
calendar quarter is not fixed until the end of the measurement	10014
period for each calendar quarter. Subject to division (A)(2)(b) of	10015
this section, the total amount of taxable gross receipts reported	10016
for a given calendar quarter shall be subject to the tax rate in	10017
effect in that quarter.	10018

(5) Not later than the tenth day of May following the end of	10019
each calendar year, every calendar year taxpayer shall file with	10020
the tax commissioner a tax return in such form as the commissioner	10021
prescribes. The return shall include, but is not limited to, the	10022
amount of the taxpayer's taxable gross receipts for the calendar	10023
year and shall indicate the amount of tax due under section	10024
5751.03 of the Revised Code for the calendar year. The taxpayer	10025
shall indicate on the return the portion of the taxpayer's	10026
receipts attributable to motor fuel used for propelling vehicles	10027
on public highways.	10028

(B)(1) A person that first becomes subject to the tax imposed	10029
under this chapter shall pay the minimum tax imposed under	10030
division (B) of section 5751.03 of the Revised Code on or before	10031
the day the return is required to be filed for that quarter under	10032
division (A)(1) of this section, regardless of whether the person	10033
registers as a calendar year taxpayer under section 5751.05 of the	10034
Revised Code.	10035

(2) The amount of the minimum tax for a person subject to	10036
division (B)(1) of this section shall be reduced to seventy-five	10037
dollars if the registration is timely filed after the first day of	10038
May and before the first day of January of the following calendar	10039
year.	10040

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	10041
the Revised Code:	10042

(1) "School district," "joint vocational school district,"	10043
"local taxing unit," "recognized valuation," "fixed-rate levy,"	10044
and "fixed-sum levy" have the same meanings as used in section	10045
5727.84 of the Revised Code.	10046

(2) "State education aid" for a school district means the	10047
following:	10048

(a) For fiscal years prior to fiscal year 2010, the sum of	10049
state aid amounts computed for the district under the following	10050
provisions, as they existed for the applicable fiscal year:	10051
division (A) of section 3317.022 of the Revised Code, including	10052
the amounts calculated under sections 3317.029 and 3317.0217 of	10053
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	10054
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	10055
divisions (L) and (N) of section 3317.024; section 3317.0216; and	10056
any unit payments for gifted student services paid under sections	10057
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	10058
for fiscal years 2008 and 2009, the amount computed for the	10059
district under Section 269.20.80 of H.B. 119 of the 127th general	10060
assembly and as that section subsequently may be amended shall be	10061
substituted for the amount computed under division (D) of section	10062
3317.022 of the Revised Code, and the amount computed under	10063
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10064
that section subsequently may be amended shall be included.	10065

(b) For fiscal years 2010 and 2011, the sum of the amounts	10066
computed under former sections 3306.052, 3306.12, 3306.13,	10067
3306.19, 3306.191, and 3306.192 of the Revised Code;	10068

(c) For fiscal years 2012 and 2013, the sum of the amounts	10069
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	10070
153 of the 129th general assembly.	10071

(3) "State education aid" for a joint vocational school	10072
district means the following:	10073

(a) For fiscal years prior to fiscal year 2010, the sum of	10074
the state aid computed for the district under division (N) of	10075
section 3317.024 and section 3317.16 of the Revised Code, except	10076
that, for fiscal years 2008 and 2009, the amount computed under	10077
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	10078
that section subsequently may be amended shall be included.	10079

(b) For fiscal years 2010 and 2011, the amount paid in	10080
accordance with Section 265.30.50 of H.B. 1 of the 128th general	10081
assembly.	10082

(c) For fiscal years 2012 and 2013, the amount paid in	10083
accordance with Section 267.30.60 of H.B. 153 of the 129th general	10084
assembly.	10085

(4) "State education aid offset" means the amount determined	10086
for each school district or joint vocational school district under	10087
division (A)(1) of section 5751.21 of the Revised Code.	10088

(5) "Machinery and equipment property tax value loss" means	10089
the amount determined under division (C)(1) of this section.	10090

(6) "Inventory property tax value loss" means the amount	10091
determined under division (C)(2) of this section.	10092

(7) "Furniture and fixtures property tax value loss" means	10093
the amount determined under division (C)(3) of this section.	10094

(8) "Machinery and equipment fixed-rate levy loss" means the	10095
amount determined under division (D)(1) of this section.	10096

(9) "Inventory fixed-rate levy loss" means the amount	10097
determined under division (D)(2) of this section.	10098

(10) "Furniture and fixtures fixed-rate levy loss" means the	10099
amount determined under division (D)(3) of this section.	10100

(11) "Total fixed-rate levy loss" means the sum of the	10101
machinery and equipment fixed-rate levy loss, the inventory	10102
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	10103
loss, and the telephone company fixed-rate levy loss.	10104

(12) "Fixed-sum levy loss" means the amount determined under	10105
division (E) of this section.	10106

(13) "Machinery and equipment" means personal property	10107
subject to the assessment rate specified in division (F) of	10108
section 5711.22 of the Revised Code.	10109

(14) "Inventory" means personal property subject to the	10110
assessment rate specified in division (E) of section 5711.22 of	10111
the Revised Code.	10112

(15) "Furniture and fixtures" means personal property subject	10113
to the assessment rate specified in division (G) of section	10114
5711.22 of the Revised Code.	10115

(16) "Qualifying levies" are levies in effect for tax year	10116
2004 or applicable to tax year 2005 or approved at an election	10117
conducted before September 1, 2005. For the purpose of determining	10118
the rate of a qualifying levy authorized by section 5705.212 or	10119
5705.213 of the Revised Code, the rate shall be the rate that	10120
would be in effect for tax year 2010.	10121

(17) "Telephone property" means tangible personal property of	10122
a telephone, telegraph, or interexchange telecommunications	10123
company subject to an assessment rate specified in section	10124
5727.111 of the Revised Code in tax year 2004.	10125

(18) "Telephone property tax value loss" means the amount	10126
determined under division (C)(4) of this section.	10127

(19) "Telephone property fixed-rate levy loss" means the	10128
amount determined under division (D)(4) of this section.	10129

(20) "Taxes charged and payable" means taxes charged and	10130
payable after the reduction required by section 319.301 of the	10131
Revised Code but before the reductions required by sections	10132
319.302 and 323.152 of the Revised Code.	10133

(21) "Median estate tax collections" means, in the case of a	10134
municipal corporation to which revenue from the taxes levied in	10135
Chapter 5731. of the Revised Code was distributed in each of	10136
calendar years 2006, 2007, 2008, and 2009, the median of those	10137
distributions. In the case of a municipal corporation to which no	10138
distributions were made in one or more of those years, "median	10139
estate tax collections" means zero.	10140

(22) "Total resources," in the case of a school district,	10141
means the sum of the amounts in divisions (A)(22)(a) to (h) of	10142
this section less any reduction required under division (A)(32) or	10143
(33) of this section.	10144

(a) The state education aid for fiscal year 2010;

10145

(b) The sum of the payments received by the school district	10146
in fiscal year 2010 for current expense levy losses pursuant to	10147
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	10148
section 5751.21 of the Revised Code, excluding the portion of such	10149
payments attributable to levies for joint vocational school	10150
district purposes;	10151

(c) The sum of fixed-sum levy loss payments received by the	10152
school district in fiscal year 2010 pursuant to division (E)(1) of	10153
section 5727.85 and division (E)(1) of section 5751.21 of the	10154
Revised Code for fixed-sum levies charged and payable for a	10155
purpose other than paying debt charges;	10156

(d) Fifty per cent of the school district's taxes charged and	10157
payable against all property on the tax list of real and public	10158
utility property for current expense purposes for tax year 2008,	10159
including taxes charged and payable from emergency levies charged	10160
and payable under section 5709.194 of the Revised Code and	10161
excluding taxes levied for joint vocational school district	10162
purposes;	10163

(e) Fifty per cent of the school district's taxes charged and	10164
payable against all property on the tax list of real and public	10165
utility property for current expenses for tax year 2009, including	10166
taxes charged and payable from emergency levies and excluding	10167
taxes levied for joint vocational school district purposes;	10168

(f) The school district's taxes charged and payable against	10169
all property on the general tax list of personal property for	10170
current expenses for tax year 2009, including taxes charged and	10171
payable from emergency levies;	10172

(g) The amount certified for fiscal year 2010 under division	10173
(A)(2) of section 3317.08 of the Revised Code;	10174

(h) Distributions received during calendar year 2009 from	10175
taxes levied under section 718.09 of the Revised Code.	10176

(23) "Total resources," in the case of a joint vocational	10177
school district, means the sum of amounts in divisions (A)(23)(a)	10178
to (g) of this section less any reduction required under division	10179
(A)(32) of this section.	10180

(a) The state education aid for fiscal year 2010;

10181

(b) The sum of the payments received by the joint vocational	10182
school district in fiscal year 2010 for current expense levy	10183
losses pursuant to division (C)(2) of section 5727.85 and	10184
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	10185

(c) Fifty per cent of the joint vocational school district's	10186
taxes charged and payable against all property on the tax list of	10187
real and public utility property for current expense purposes for	10188
tax year 2008;	10189

(d) Fifty per cent of the joint vocational school district's	10190
taxes charged and payable against all property on the tax list of	10191
real and public utility property for current expenses for tax year	10192
2009;	10193

(e) Fifty per cent of a city, local, or exempted village	10194
school district's taxes charged and payable against all property	10195
on the tax list of real and public utility property for current	10196
expenses of the joint vocational school district for tax year	10197
2008;	10198

(f) Fifty per cent of a city, local, or exempted village	10199
school district's taxes charged and payable against all property	10200
on the tax list of real and public utility property for current	10201
expenses of the joint vocational school district for tax year	10202
2009;	10203

(g) The joint vocational school district's taxes charged and	10204
payable against all property on the general tax list of personal	10205
property for current expenses for tax year 2009.	10206

(24) "Total resources," in the case of county mental health	10207
and disability related functions, means the sum of the amounts in	10208
divisions (A)(24)(a) and (b) of this section less any reduction	10209
required under division (A)(32) of this section.	10210

(a) The sum of the payments received by the county for mental	10211
health and developmental disability related functions in calendar	10212
year 2010 under division (A)(1) of section 5727.86 and divisions	10213
(A)(1) and (2) of section 5751.22 of the Revised Code as they	10214
existed at that time;	10215

(b) With respect to taxes levied by the county for mental	10216
health and developmental disability related purposes, the taxes	10217
charged and payable for such purposes against all property on the	10218
tax list of real and public utility property for tax year 2009.	10219

(25) "Total resources," in the case of county senior services	10220
related functions, means the sum of the amounts in divisions	10221
(A)(25)(a) and (b) of this section less any reduction required	10222
under division (A)(32) of this section.	10223

(a) The sum of the payments received by the county for senior	10224
services related functions in calendar year 2010 under division	10225
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10226
5751.22 of the Revised Code as they existed at that time;	10227

(b) With respect to taxes levied by the county for senior	10228
services related purposes, the taxes charged and payable for such	10229
purposes against all property on the tax list of real and public	10230
utility property for tax year 2009.	10231

(26) "Total resources," in the case of county children's	10232
services related functions, means the sum of the amounts in	10233
divisions (A)(26)(a) and (b) of this section less any reduction	10234
required under division (A)(32) of this section.	10235

(a) The sum of the payments received by the county for	10236
children's services related functions in calendar year 2010 under	10237
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	10238
section 5751.22 of the Revised Code as they existed at that time;	10239

(b) With respect to taxes levied by the county for children's	10240
services related purposes, the taxes charged and payable for such	10241
purposes against all property on the tax list of real and public	10242
utility property for tax year 2009.	10243

(27) "Total resources," in the case of county public health	10244
related functions, means the sum of the amounts in divisions	10245
(A)(27)(a) and (b) of this section less any reduction required	10246
under division (A)(32) of this section.	10247

(a) The sum of the payments received by the county for public	10248
health related functions in calendar year 2010 under division	10249
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	10250
5751.22 of the Revised Code as they existed at that time;	10251

(b) With respect to taxes levied by the county for public	10252
health related purposes, the taxes charged and payable for such	10253
purposes against all property on the tax list of real and public	10254
utility property for tax year 2009.	10255

(28) "Total resources," in the case of all county functions	10256
not included in divisions (A)(24) to (27) of this section, means	10257
the sum of the amounts in divisions (A)(28)(a) to (d) of this	10258
section less any reduction required under division (A)(32) or (33)	10259
of this section.	10260

(a) The sum of the payments received by the county for all	10261
other purposes in calendar year 2010 under division (A)(1) of	10262
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	10263
the Revised Code as they existed at that time;	10264

(b) The county's percentage share of county undivided local	10265
government fund allocations as certified to the tax commissioner	10266
for calendar year 2010 by the county auditor under division (J) of	10267
section 5747.51 of the Revised Code or division (F) of section	10268
5747.53 of the Revised Code multiplied by the total amount	10269
actually distributed in calendar year 2010 from the county	10270
undivided local government fund;	10271

(c) With respect to taxes levied by the county for all other	10272
purposes, the taxes charged and payable for such purposes against	10273
all property on the tax list of real and public utility property	10274
for tax year 2009, excluding taxes charged and payable for the	10275
purpose of paying debt charges;	10276

(d) The sum of the amounts distributed to the county in	10277
calendar year 2010 for the taxes levied pursuant to sections	10278
5739.021 and 5741.021 of the Revised Code.	10279

(29) "Total resources," in the case of a municipal	10280
corporation, means the sum of the amounts in divisions (A)(29)(a)	10281
to (g) of this section less any reduction required under division	10282
(A)(32) or (33) of this section.	10283

(a) The sum of the payments received by the municipal	10284
corporation in calendar year 2010 for current expense levy losses	10285
under division (A)(1) of section 5727.86 and divisions (A)(1) and	10286
(2) of section 5751.22 of the Revised Code as they existed at that	10287
time;	10288

(b) The municipal corporation's percentage share of county	10289
undivided local government fund allocations as certified to the	10290
tax commissioner for calendar year 2010 by the county auditor	10291
under division (J) of section 5747.51 of the Revised Code or	10292
division (F) of section 5747.53 of the Revised Code multiplied by	10293
the total amount actually distributed in calendar year 2010 from	10294
the county undivided local government fund;	10295

(c) The sum of the amounts distributed to the municipal	10296
corporation in calendar year 2010 pursuant to section 5747.50 of	10297
the Revised Code;	10298

(d) With respect to taxes levied by the municipal	10299
corporation, the taxes charged and payable against all property on	10300
the tax list of real and public utility property for current	10301
expenses, defined in division (A)(35) of this section, for tax	10302
year 2009;	10303

(e) The amount of admissions tax collected by the municipal	10304
corporation in calendar year 2008, or if such information has not	10305
yet been reported to the tax commissioner, in the most recent year	10306
before 2008 for which the municipal corporation has reported data	10307
to the commissioner;	10308

(f) The amount of income taxes collected by the municipal	10309
corporation in calendar year 2008, or if such information has not	10310
yet been reported to the tax commissioner, in the most recent year	10311
before 2008 for which the municipal corporation has reported data	10312
to the commissioner;	10313

(g) The municipal corporation's median estate tax	10314
collections.	10315

(30) "Total resources," in the case of a township, means the	10316
sum of the amounts in divisions (A)(30)(a) to (c) of this section	10317
less any reduction required under division (A)(32) or (33) of this	10318
section.	10319

(a) The sum of the payments received by the township in	10320
calendar year 2010 pursuant to division (A)(1) of section 5727.86	10321
of the Revised Code and divisions (A)(1) and (2) of section	10322
5751.22 of the Revised Code as they existed at that time,	10323
excluding payments received for debt purposes;	10324

(b) The township's percentage share of county undivided local	10325
government fund allocations as certified to the tax commissioner	10326
for calendar year 2010 by the county auditor under division (J) of	10327
section 5747.51 of the Revised Code or division (F) of section	10328
5747.53 of the Revised Code multiplied by the total amount	10329
actually distributed in calendar year 2010 from the county	10330
undivided local government fund;	10331

(c) With respect to taxes levied by the township, the taxes	10332
charged and payable against all property on the tax list of real	10333
and public utility property for tax year 2009 excluding taxes	10334
charged and payable for the purpose of paying debt charges.	10335

(31) "Total resources," in the case of a local taxing unit	10336
that is not a county, municipal corporation, or township, means	10337
the sum of the amounts in divisions (A)(31)(a) to (e) of this	10338
section less any reduction required under division (A)(32) of this	10339
section.	10340

(a) The sum of the payments received by the local taxing unit	10341
in calendar year 2010 pursuant to division (A)(1) of section	10342
5727.86 of the Revised Code and divisions (A)(1) and (2) of	10343
section 5751.22 of the Revised Code as they existed at that time;	10344

(b) The local taxing unit's percentage share of county	10345
undivided local government fund allocations as certified to the	10346
tax commissioner for calendar year 2010 by the county auditor	10347
under division (J) of section 5747.51 of the Revised Code or	10348
division (F) of section 5747.53 of the Revised Code multiplied by	10349
the total amount actually distributed in calendar year 2010 from	10350
the county undivided local government fund;	10351

(c) With respect to taxes levied by the local taxing unit,	10352
the taxes charged and payable against all property on the tax list	10353
of real and public utility property for tax year 2009 excluding	10354
taxes charged and payable for the purpose of paying debt charges;	10355

(d) The amount received from the tax commissioner during	10356
calendar year 2010 for sales or use taxes authorized under	10357
sections 5739.023 and 5741.022 of the Revised Code;	10358

(e) For institutions of higher education receiving tax	10359
revenue from a local levy, as identified in section 3358.02 of the	10360
Revised Code, the final state share of instruction allocation for	10361
fiscal year 2010 as calculated by the board of regents and	10362
reported to the state controlling board.	10363

(32) If a fixed-rate levy that is a qualifying levy is not	10364
charged and payable in any year after tax year 2010, "total	10365
resources" used to compute payments to be made under division	10366
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	10367
5751.22 of the Revised Code in the tax years following the last	10368
year the levy is charged and payable shall be reduced to the	10369
extent that the payments are attributable to the fixed-rate levy	10370
loss of that levy as would be computed under division (C)(2) of	10371
section 5727.85, division (A)(1) of section 5727.85, divisions	10372
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	10373
5751.22 of the Revised Code.	10374

(33) In the case of a county, municipal corporation, school	10375
district, or township with fixed-rate levy losses attributable to	10376
a tax levied under section 5705.23 of the Revised Code, "total	10377
resources" used to compute payments to be made under division	10378
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	10379
division (C)(12) of section 5751.21, or division (A)(1)(c) of	10380
section 5751.22 of the Revised Code shall be reduced by the	10381
amounts described in divisions (A)(34)(a) to (c) of this section	10382
to the extent that those amounts were included in calculating the	10383
"total resources" of the school district or local taxing unit	10384
under division (A)(22), (28), (29), or (30) of this section.	10385

(34) "Total library resources," in the case of a county,	10386
municipal corporation, school district, or township public library	10387
that receives the proceeds of a tax levied under section 5705.23	10388
of the Revised Code, means the sum of the amounts in divisions	10389
(A)(34)(a) to (c) of this section less any reduction required	10390
under division (A)(32) of this section.	10391

(a) The sum of the payments received by the county, municipal	10392
corporation, school district, or township public library in	10393
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	10394
Revised Code, as they existed at that time, for fixed-rate levy	10395
losses attributable to a tax levied under section 5705.23 of the	10396
Revised Code for the benefit of the public library;	10397

(b) The public library's percentage share of county undivided	10398
local government fund allocations as certified to the tax	10399
commissioner for calendar year 2010 by the county auditor under	10400
division (J) of section 5747.51 of the Revised Code or division	10401
(F) of section 5747.53 of the Revised Code multiplied by the total	10402
amount actually distributed in calendar year 2010 from the county	10403
undivided local government fund;	10404

(c) With respect to a tax levied pursuant to section 5705.23	10405
of the Revised Code for the benefit of the public library, the	10406
amount of such tax that is charged and payable against all	10407
property on the tax list of real and public utility property for	10408
tax year 2009 excluding any tax that is charged and payable for	10409
the purpose of paying debt charges.	10410

(35) "Municipal current expense property tax levies" means	10411
all property tax levies of a municipality, except those with the	10412
following levy names: airport resurfacing; bond or any levy name	10413
including the word "bond"; capital improvement or any levy name	10414
including the word "capital"; debt or any levy name including the	10415
word "debt"; equipment or any levy name including the word	10416
"equipment," unless the levy is for combined operating and	10417
equipment; employee termination fund; fire pension or any levy	10418
containing the word "pension," including police pensions;	10419
fireman's fund or any practically similar name; sinking fund; road	10420
improvements or any levy containing the word "road"; fire truck or	10421
apparatus; flood or any levy containing the word "flood";	10422
conservancy district; county health; note retirement; sewage, or	10423
any levy containing the words "sewage" or "sewer"; park	10424
improvement; parkland acquisition; storm drain; street or any levy	10425
name containing the word "street"; lighting, or any levy name	10426
containing the word "lighting"; and water.	10427

(36) "Current expense TPP allocation" means, in the case of a	10428
school district or joint vocational school district, the sum of	10429
the payments received by the school district in fiscal year 2011	10430
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	10431
Revised Code to the extent paid for current expense levies. In the	10432
case of a municipal corporation, "current expense TPP allocation"	10433
means the sum of the payments received by the municipal	10434
corporation in calendar year 2010 pursuant to divisions (A)(1) and	10435
(2) of section 5751.22 of the Revised Code to the extent paid for	10436
municipal current expense property tax levies as defined in	10437
division (A)(35) of this section, excluding any such payments	10438
received for current expense levy losses attributable to a tax	10439
levied under section 5705.23 of the Revised Code. If a fixed-rate	10440
levy that is a qualifying levy is not charged and payable in any	10441
year after tax year 2010, "current expense TPP allocation" used to	10442
compute payments to be made under division (C)(12) of section	10443
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	10444
Revised Code in the tax years following the last year the levy is	10445
charged and payable shall be reduced to the extent that the	10446
payments are attributable to the fixed-rate levy loss of that levy	10447
as would be computed under divisions (C)(10) and (11) of section	10448
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	10449

(37) "TPP allocation" means the sum of payments received by a	10450
local taxing unit in calendar year 2010 pursuant to divisions	10451
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	10452
any such payments received for fixed-rate levy losses attributable	10453
to a tax levied under section 5705.23 of the Revised Code. If a	10454
fixed-rate levy that is a qualifying levy is not charged and	10455
payable in any year after tax year 2010, "TPP allocation" used to	10456
compute payments to be made under division (A)(1)(b) or (c) of	10457
section 5751.22 of the Revised Code in the tax years following the	10458
last year the levy is charged and payable shall be reduced to the	10459
extent that the payments are attributable to the fixed-rate levy	10460
loss of that levy as would be computed under division (A)(1) of	10461
that section.	10462

(38) "Total TPP allocation" means, in the case of a school	10463
district or joint vocational school district, the sum of the	10464
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	10465
and (11) and (D) of section 5751.21 of the Revised Code. In the	10466
case of a local taxing unit, "total TPP allocation" means the sum	10467
of payments received by the unit in calendar year 2010 pursuant to	10468
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	10469
Code. If a fixed-rate levy that is a qualifying levy is not	10470
charged and payable in any year after tax year 2010, "total TPP	10471
allocation" used to compute payments to be made under division	10472
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	10473
5751.22 of the Revised Code in the tax years following the last	10474
year the levy is charged and payable shall be reduced to the	10475
extent that the payments are attributable to the fixed-rate levy	10476
loss of that levy as would be computed under divisions (C)(10) and	10477
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	10478
the Revised Code.	10479

(39) "Non-current expense TPP allocation" means the	10480
difference of total TPP allocation minus the sum of current	10481
expense TPP allocation and the portion of total TPP allocation	10482
constituting reimbursement for debt levies, pursuant to division	10483
(D) of section 5751.21 of the Revised Code in the case of a school	10484
district or joint vocational school district and pursuant to	10485
division (A)(3) of section 5751.22 of the Revised Code in the case	10486
of a municipal corporation.	10487

(40) "TPP allocation for library purposes" means the sum of	10488
payments received by a county, municipal corporation, school	10489
district, or township public library in calendar year 2010	10490
pursuant to section 5751.22 of the Revised Code for fixed-rate	10491
levy losses attributable to a tax levied under section 5705.23 of	10492
the Revised Code. If a fixed-rate levy authorized under section	10493
5705.23 of the Revised Code that is a qualifying levy is not	10494
charged and payable in any year after tax year 2010, "TPP	10495
allocation for library purposes" used to compute payments to be	10496
made under division (A)(1)(d) of section 5751.22 of the Revised	10497
Code in the tax years following the last year the levy is charged	10498
and payable shall be reduced to the extent that the payments are	10499
attributable to the fixed-rate levy loss of that levy as would be	10500
computed under division (A)(1) of section 5751.22 of the Revised	10501
Code.	10502

(41) "Threshold per cent" means, in the case of a school	10503
district or joint vocational school district, two per cent for	10504
fiscal year 2012 and four per cent for fiscal years 2013 and	10505
thereafter. In the case of a local taxing unit or public library	10506
that receives the proceeds of a tax levied under section 5705.23	10507
of the Revised Code, "threshold per cent" means two per cent for	10508
tax year 2011, four per cent for tax year 2012, and six per cent	10509
for tax years 2013 and thereafter.	10510

(B)(1) The commercial activities tax receipts fund is hereby	10511
created in the state treasury and shall consist of money arising	10512
from the tax imposed under this chapter. Eighty-five	10513
one-hundredths of one per cent of the money credited to that fund	10514
shall be credited to the revenue enhancement fund and shall be	10515
used to defray the costs incurred by the department of taxation in	10516
administering the tax imposed by this chapter and in implementing	10517
tax reform measures. The remainder of the money in the commercial	10518
activities tax receipts fund shall first be credited ~~for each~~	10519
~~fiscal year~~to the commercial activity tax motor fuel receipts	10520
fund, pursuant to division (B)(2) of this section, and the	10521
remainder shall be credited in the following percentages each	10522
fiscal year to the general revenue fund, to the school district	10523
tangible property tax replacement fund, which is hereby created in	10524
the state treasury for the purpose of making the payments	10525
described in section 5751.21 of the Revised Code, and to the local	10526
government tangible property tax replacement fund, which is hereby	10527
created in the state treasury for the purpose of making the	10528
payments described in section 5751.22 of the Revised Code, in the	10529
following percentages:	10530

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	10531
2006	67.7%	22.6%	9.7%	10532
2007	0%	70.0%	30.0%	10533
2008	0%	70.0%	30.0%	10534
2009	0%	70.0%	30.0%	10535
2010	0%	70.0%	30.0%	10536
2011	0%	70.0%	30.0%	10537
2012	25.0%	52.5%	22.5%	10538
2013 and thereafter	50.0%	35.0%	15.0%	10539

(2) Not later than the twentieth day of February, May,	10540
August, and November of each year, the commissioner shall provide	10541
for payment from the commercial activities tax receipts fund to	10542
the commercial activity tax motor fuel receipts fund an amount	10543
that bears the same ratio to the balance in the commercial	10544
activities tax receipts fund that (a) the taxable gross receipts	10545
attributed to motor fuel used for propelling vehicles on public	10546
highways as indicated by returns filed by the tenth day of that	10547
month for a liability that is due and payable on or after July 1,	10548
2013, bears to (b) all taxable gross receipts as indicated by	10549
those returns for such liabilities.	10550

(C) Not later than September 15, 2005, the tax commissioner	10551
shall determine for each school district, joint vocational school	10552
district, and local taxing unit its machinery and equipment,	10553
inventory property, furniture and fixtures property, and telephone	10554
property tax value losses, which are the applicable amounts	10555
described in divisions (C)(1), (2), (3), and (4) of this section,	10556
except as provided in division (C)(5) of this section:	10557

(1) Machinery and equipment property tax value loss is the	10558
taxable value of machinery and equipment property as reported by	10559
taxpayers for tax year 2004 multiplied by:	10560

(a) For tax year 2006, thirty-three and eight-tenths per	10561
cent;	10562

(b) For tax year 2007, sixty-one and three-tenths per cent;

10563

10564

(d) For tax year 2009 and thereafter, one hundred per cent.

10565

(2) Inventory property tax value loss is the taxable value of	10566
inventory property as reported by taxpayers for tax year 2004	10567
multiplied by:	10568

(a) For tax year 2006, a fraction, the numerator of which is	10569
five and three-fourths and the denominator of which is	10570
twenty-three;	10571

(b) For tax year 2007, a fraction, the numerator of which is	10572
nine and one-half and the denominator of which is twenty-three;	10573

(c) For tax year 2008, a fraction, the numerator of which is	10574
thirteen and one-fourth and the denominator of which is	10575
twenty-three;	10576

(d) For tax year 2009 and thereafter a fraction, the	10577
numerator of which is seventeen and the denominator of which is	10578
twenty-three.	10579

(3) Furniture and fixtures property tax value loss is the	10580
taxable value of furniture and fixture property as reported by	10581
taxpayers for tax year 2004 multiplied by:	10582

(a) For tax year 2006, twenty-five per cent;

10583

(b) For tax year 2007, fifty per cent;

10584

10585

(d) For tax year 2009 and thereafter, one hundred per cent.

10586

The taxable value of property reported by taxpayers used in	10587
divisions (C)(1), (2), and (3) of this section shall be such	10588
values as determined to be final by the tax commissioner as of	10589
August 31, 2005. Such determinations shall be final except for any	10590
correction of a clerical error that was made prior to August 31,	10591
2005, by the tax commissioner.	10592

(4) Telephone property tax value loss is the taxable value of	10593
telephone property as taxpayers would have reported that property	10594
for tax year 2004 if the assessment rate for all telephone	10595
property for that year were twenty-five per cent, multiplied by:	10596

(a) For tax year 2006, zero per cent;

10597

(b) For tax year 2007, zero per cent;

10598

10599

(d) For tax year 2009, sixty per cent;

10600

(e) For tax year 2010, eighty per cent;

10601

(f) For tax year 2011 and thereafter, one hundred per cent.

10602

(5) Division (C)(5) of this section applies to any school	10603
district, joint vocational school district, or local taxing unit	10604
in a county in which is located a facility currently or formerly	10605
devoted to the enrichment or commercialization of uranium or	10606
uranium products, and for which the total taxable value of	10607
property listed on the general tax list of personal property for	10608
any tax year from tax year 2001 to tax year 2004 was fifty per	10609
cent or less of the taxable value of such property listed on the	10610
general tax list of personal property for the next preceding tax	10611
year.	10612

In computing the fixed-rate levy losses under divisions	10613
(D)(1), (2), and (3) of this section for any school district,	10614
joint vocational school district, or local taxing unit to which	10615
division (C)(5) of this section applies, the taxable value of such	10616
property as listed on the general tax list of personal property	10617
for tax year 2000 shall be substituted for the taxable value of	10618
such property as reported by taxpayers for tax year 2004, in the	10619
taxing district containing the uranium facility, if the taxable	10620
value listed for tax year 2000 is greater than the taxable value	10621
reported by taxpayers for tax year 2004. For the purpose of making	10622
the computations under divisions (D)(1), (2), and (3) of this	10623
section, the tax year 2000 valuation is to be allocated to	10624
machinery and equipment, inventory, and furniture and fixtures	10625
property in the same proportions as the tax year 2004 values. For	10626
the purpose of the calculations in division (A) of section 5751.21	10627
of the Revised Code, the tax year 2004 taxable values shall be	10628
used.	10629

To facilitate the calculations required under division (C) of	10630
this section, the county auditor, upon request from the tax	10631
commissioner, shall provide by August 1, 2005, the values of	10632
machinery and equipment, inventory, and furniture and fixtures for	10633
all single-county personal property taxpayers for tax year 2004.	10634

(D) Not later than September 15, 2005, the tax commissioner	10635
shall determine for each tax year from 2006 through 2009 for each	10636
school district, joint vocational school district, and local	10637
taxing unit its machinery and equipment, inventory, and furniture	10638
and fixtures fixed-rate levy losses, and for each tax year from	10639
2006 through 2011 its telephone property fixed-rate levy loss.	10640
Except as provided in division (F) of this section, such losses	10641
are the applicable amounts described in divisions (D)(1), (2),	10642
(3), and (4) of this section:	10643

(1) The machinery and equipment fixed-rate levy loss is the	10644
machinery and equipment property tax value loss multiplied by the	10645
sum of the tax rates of fixed-rate qualifying levies.	10646

(2) The inventory fixed-rate loss is the inventory property	10647
tax value loss multiplied by the sum of the tax rates of	10648
fixed-rate qualifying levies.	10649

(3) The furniture and fixtures fixed-rate levy loss is the	10650
furniture and fixture property tax value loss multiplied by the	10651
sum of the tax rates of fixed-rate qualifying levies.	10652

(4) The telephone property fixed-rate levy loss is the	10653
telephone property tax value loss multiplied by the sum of the tax	10654
rates of fixed-rate qualifying levies.	10655

(E) Not later than September 15, 2005, the tax commissioner	10656
shall determine for each school district, joint vocational school	10657
district, and local taxing unit its fixed-sum levy loss. The	10658
fixed-sum levy loss is the amount obtained by subtracting the	10659
amount described in division (E)(2) of this section from the	10660
amount described in division (E)(1) of this section:	10661

(1) The sum of the machinery and equipment property tax value	10662
loss, the inventory property tax value loss, and the furniture and	10663
fixtures property tax value loss, and, for 2008 through 2010, the	10664
telephone property tax value loss of the district or unit	10665
multiplied by the sum of the fixed-sum tax rates of qualifying	10666
levies. For 2006 through 2010, this computation shall include all	10667
qualifying levies remaining in effect for the current tax year and	10668
any school district levies charged and payable under section	10669
5705.194 or 5705.213 of the Revised Code that are qualifying	10670
levies not remaining in effect for the current year. For 2011	10671
through 2017 in the case of school district levies charged and	10672
payable under section 5705.194 or 5705.213 of the Revised Code and	10673
for all years after 2010 in the case of other fixed-sum levies,	10674
this computation shall include only qualifying levies remaining in	10675
effect for the current year. For purposes of this computation, a	10676
qualifying school district levy charged and payable under section	10677
5705.194 or 5705.213 of the Revised Code remains in effect in a	10678
year after 2010 only if, for that year, the board of education	10679
levies a school district levy charged and payable under section	10680
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	10681
an annual sum at least equal to the annual sum levied by the board	10682
in tax year 2004 less the amount of the payment certified under	10683
this division for 2006.	10684

(2) The total taxable value in tax year 2004 less the sum of	10685
the machinery and equipment, inventory, furniture and fixtures,	10686
and telephone property tax value losses in each school district,	10687
joint vocational school district, and local taxing unit multiplied	10688
by one-half of one mill per dollar.	10689

(3) For the calculations in divisions (E)(1) and (2) of this	10690
section, the tax value losses are those that would be calculated	10691
for tax year 2009 under divisions (C)(1), (2), and (3) of this	10692
section and for tax year 2011 under division (C)(4) of this	10693
section.	10694

(4) To facilitate the calculation under divisions (D) and (E)	10695
of this section, not later than September 1, 2005, any school	10696
district, joint vocational school district, or local taxing unit	10697
that has a qualifying levy that was approved at an election	10698
conducted during 2005 before September 1, 2005, shall certify to	10699
the tax commissioner a copy of the county auditor's certificate of	10700
estimated property tax millage for such levy as required under	10701
division (B) of section 5705.03 of the Revised Code, which is the	10702
rate that shall be used in the calculations under such divisions.	10703

If the amount determined under division (E) of this section	10704
for any school district, joint vocational school district, or	10705
local taxing unit is greater than zero, that amount shall equal	10706
the reimbursement to be paid pursuant to division (E) of section	10707
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	10708
and the one-half of one mill that is subtracted under division	10709
(E)(2) of this section shall be apportioned among all contributing	10710
fixed-sum levies in the proportion that each levy bears to the sum	10711
of all fixed-sum levies within each school district, joint	10712
vocational school district, or local taxing unit.	10713

(F) If a school district levies a tax under section 5705.219	10714
of the Revised Code, the fixed-rate levy loss for qualifying	10715
levies, to the extent repealed under that section, shall equal the	10716
sum of the following amounts in lieu of the amounts computed for	10717
such levies under division (D) of this section:	10718

(1) The sum of the rates of qualifying levies to the extent	10719
so repealed multiplied by the sum of the machinery and equipment,	10720
inventory, and furniture and fixtures tax value losses for 2009 as	10721
determined under that division;	10722

(2) The sum of the rates of qualifying levies to the extent	10723
so repealed multiplied by the telephone property tax value loss	10724
for 2011 as determined under that division.	10725

The fixed-rate levy losses for qualifying levies to the	10726
extent not repealed under section 5705.219 of the Revised Code	10727
shall be as determined under division (D) of this section. The	10728
revised fixed-rate levy losses determined under this division and	10729
division (D) of this section first apply in the year following the	10730
first year the district levies the tax under section 5705.219 of	10731
the Revised Code.	10732

(G) Not later than October 1, 2005, the tax commissioner	10733
shall certify to the department of education for every school	10734
district and joint vocational school district the machinery and	10735
equipment, inventory, furniture and fixtures, and telephone	10736
property tax value losses determined under division (C) of this	10737
section, the machinery and equipment, inventory, furniture and	10738
fixtures, and telephone fixed-rate levy losses determined under	10739
division (D) of this section, and the fixed-sum levy losses	10740
calculated under division (E) of this section. The calculations	10741
under divisions (D) and (E) of this section shall separately	10742
display the levy loss for each levy eligible for reimbursement.	10743

(H) Not later than October 1, 2005, the tax commissioner	10744
shall certify the amount of the fixed-sum levy losses to the	10745
county auditor of each county in which a school district, joint	10746
vocational school district, or local taxing unit with a fixed-sum	10747
levy loss reimbursement has territory.	10748

(I) Not later than the twenty-eighth day of February each	10749
year beginning in 2011 and ending in 2014, the tax commissioner	10750
shall certify to the department of education for each school	10751
district first levying a tax under section 5705.219 of the Revised	10752
Code in the preceding year the revised fixed-rate levy losses	10753
determined under divisions (D) and (F) of this section.	10754

(J) There is hereby created in the state treasury the	10755
commercial activity tax motor fuel receipts fund.	10756

Section 101.02. That existing sections 9.33, 126.06, 127.14,	10757
153.01, 153.65, 164.05, 307.05, 307.051, 307.055, 505.37, 505.375,	10758
505.44, 505.72, 718.01, 3705.242, 3791.12, 3791.13, 3791.99,	10759
4501.03, 4501.04, 4501.041, 4501.042, 4501.043, 4501.06, 4503.04,	10760
4503.042, 4503.07, 4503.42, 4503.45, 4503.49, 4504.19, 4504.21,	10761
4506.08, 4506.09, 4507.011, 4507.05, 4507.23, 4511.13, 4513.263,	10762
4513.34, 4513.53, 4513.66, 4517.021, 4561.21, 4743.05, 4765.02,	10763
4765.03, 4765.04, 4765.05, 4765.06, 4765.07, 4765.08, 4765.09,	10764
4765.10, 4765.101, 4765.102, 4765.11, 4765.111, 4765.112,	10765
4765.113, 4765.114, 4765.115, 4765.116, 4765.12, 4765.15, 4765.16,	10766
4765.17, 4765.18, 4765.22, 4765.23, 4765.28, 4765.29, 4765.30,	10767
4765.31, 4765.32, 4765.33, 4765.37, 4765.38, 4765.39, 4765.40,	10768
4765.42, 4765.48, 4765.49, 4765.55, 4765.56, 4766.01, 4766.03,	10769
4766.04, 4766.05, 4766.07, 4766.08, 4766.09, 4766.10, 4766.11,	10770
4766.12, 4766.13, 4766.15, 4766.22, 5501.03, 5501.51, 5501.73,	10771
5501.77, 5502.01, 5503.01, 5503.03, 5503.04, 5515.01, 5517.02,	10772
5525.01, 5525.16, 5577.04, 5577.05, 5739.02, 5747.01, 5751.01,	10773
5751.02, 5751.051, and 5751.20 and sections 126.60, 126.601,	10774
126.602, 126.603, 126.604, 126.605, 3791.11, 4766.02, 4766.20,	10775
4981.36, and 4981.361 of the Revised Code are hereby repealed.	10776

Section 110.10. That the versions of sections 4503.04 and	10777
4507.05 of the Revised Code that are scheduled to take effect	10778
January 1, 2017, be amended to read as follows:	10779

Sec. 4503.04. Except as provided in sections 4503.042 and	10780
4503.65 of the Revised Code for the registration of commercial	10781
cars, trailers, semitrailers, and certain buses, the rates of the	10782
taxes imposed by section 4503.02 of the Revised Code shall be as	10783
follows:	10784

(A)(1) For motor vehicles having three wheels or less, the	10785
license tax is:	10786

(a) For each motorized bicycle or moped, ten dollars;

10787

(b) For each motorcycle, cab-enclosed motorcycle,	10788
motor-driven cycle, or motor scooter, fourteen dollars.	10789

(2) For each low-speed, under-speed, and utility vehicle, and	10790
each mini-truck, ten dollars.	10791

(B) For each passenger car, twenty dollars;

10792

(C) For each manufactured home, each mobile home, and each	10793
travel trailer or house vehicle, ten dollars;	10794

(D) For each noncommercial motor vehicle designed by the	10795
manufacturer to carry a load of no more than three-quarters of one	10796
ton and for each motor home, thirty-five dollars; for each	10797
noncommercial motor vehicle designed by the manufacturer to carry	10798
a load of more than three-quarters of one ton, but not more than	10799
one ton, seventy dollars;	10800

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

10801

(1) Eighty-five cents for each one hundred pounds or part	10802
thereof for the first two thousand pounds or part thereof of	10803
weight of vehicle fully equipped;	10804

(2) One dollar and forty cents for each one hundred pounds or	10805
part thereof in excess of two thousand pounds up to and including	10806
ten thousand pounds.	10807

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

10808

(1) Vehicle equipped, owned, and used by a charitable or	10809
nonprofit corporation exclusively for the purpose of administering	10810
chest x-rays or receiving blood donations;	10811

(2) Van used principally for the transportation of	10812
handicapped persons that has been modified by being equipped with	10813
adaptive equipment to facilitate the movement of such persons into	10814
and out of the van;	10815

(3) Bus used principally for the transportation of	10816
handicapped persons or persons sixty-five years of age or older.	10817

(G) Notwithstanding its weight, twenty dollars for any bus	10818
used principally for the transportation of persons in a	10819
ridesharing arrangement.	10820

(H) For each transit bus having motor power the license tax	10821
is twelve dollars.	10822

"Transit bus" means either a motor vehicle having a seating	10823
capacity of more than seven persons which is operated and used by	10824
any person in the rendition of a public mass transportation	10825
service primarily in a municipal corporation or municipal	10826
corporations and provided at least seventy-five per cent of the	10827
annual mileage of such service and use is within such municipal	10828
corporation or municipal corporations or a motor vehicle having a	10829
seating capacity of more than seven persons which is operated	10830
solely for the transportation of persons associated with a	10831
charitable or nonprofit corporation, but does not mean any motor	10832
vehicle having a seating capacity of more than seven persons when	10833
such vehicle is used in a ridesharing capacity or any bus	10834
described by division (F)(3) of this section.	10835

The application for registration of such transit bus shall be	10836
accompanied by an affidavit prescribed by the registrar of motor	10837
vehicles and signed by the person or an agent of the firm or	10838
corporation operating such bus stating that the bus has a seating	10839
capacity of more than seven persons, and that it is either to be	10840
operated and used in the rendition of a public mass transportation	10841
service and that at least seventy-five per cent of the annual	10842
mileage of such operation and use shall be within one or more	10843
municipal corporations or that it is to be operated solely for the	10844
transportation of persons associated with a charitable or	10845
nonprofit corporation.	10846

The form of the license plate, and the manner of its	10847
attachment to the vehicle, shall be prescribed by the registrar of	10848
motor vehicles.	10849

(I) Except as otherwise provided in division (A) or (J) of	10850
this section, the minimum tax for any vehicle having motor power	10851
is ten dollars and eighty cents, and for each noncommercial	10852
trailer, five dollars.	10853

(J)(1) Except as otherwise provided in division (J) of this	10854
section, for each farm truck, except a noncommercial motor	10855
vehicle, that is owned, controlled, or operated by one or more	10856
farmers exclusively in farm use as defined in this section, and	10857
not for commercial purposes, and provided that at least	10858
seventy-five per cent of such farm use is by or for the one or	10859
more owners, controllers, or operators of the farm in the	10860
operation of which a farm truck is used, the license tax is five	10861
dollars plus:	10862

(a) Fifty cents per one hundred pounds or part thereof for	10863
the first three thousand pounds;	10864

(b) Seventy cents per one hundred pounds or part thereof in	10865
excess of three thousand pounds up to and including four thousand	10866
pounds;	10867

(c) Ninety cents per one hundred pounds or part thereof in	10868
excess of four thousand pounds up to and including six thousand	10869
pounds;	10870

(d) Two dollars for each one hundred pounds or part thereof	10871
in excess of six thousand pounds up to and including ten thousand	10872
pounds;	10873

(e) Two dollars and twenty-five cents for each one hundred	10874
pounds or part thereof in excess of ten thousand pounds;	10875

(f) The minimum license tax for any farm truck shall be	10876
twelve dollars.	10877

(2) The owner of a farm truck may register the truck for a	10878
period of one-half year by paying one-half the registration tax	10879
imposed on the truck under this chapter and one-half the amount of	10880
any tax imposed on the truck under Chapter 4504. of the Revised	10881
Code.	10882

(3) A farm bus may be registered for a period of ~~ninety~~two	10883
hundred ten days from the date of issue of the license plates for	10884
the bus, for a fee of ten dollars, provided such license plates	10885
shall not be issued for more than ~~any two ninety-day periods~~one	10886
such period in any calendar year. Such use does not include the	10887
operation of trucks by commercial processors of agricultural	10888
products.	10889

(4) License plates for farm trucks and for farm buses shall	10890
have some distinguishing marks, letters, colors, or other	10891
characteristics to be determined by the director of public safety.	10892

(5) Every person registering a farm truck or bus under this	10893
section shall furnish an affidavit certifying that the truck or	10894
bus licensed to that person is to be so used as to meet the	10895
requirements necessary for the farm truck or farm bus	10896
classification.	10897

Any farmer may use a truck owned by the farmer for commercial	10898
purposes by paying the difference between the commercial truck	10899
registration fee and the farm truck registration fee for the	10900
remaining part of the registration period for which the truck is	10901
registered. Such remainder shall be calculated from the beginning	10902
of the semiannual period in which application for such commercial	10903
license is made.	10904

Taxes at the rates provided in this section are in lieu of	10905
all taxes on or with respect to the ownership of such motor	10906
vehicles, except as provided in section 4503.042 and section	10907
4503.06 of the Revised Code.	10908

(K) Other than trucks registered under the international	10909
registration plan in another jurisdiction and for which this state	10910
has received an apportioned registration fee, the license tax for	10911
each truck which is owned, controlled, or operated by a	10912
nonresident, and licensed in another state, and which is used	10913
exclusively for the transportation of nonprocessed agricultural	10914
products intrastate, from the place of production to the place of	10915
processing, is twenty-four dollars.	10916

"Truck," as used in this division, means any pickup truck,	10917
straight truck, semitrailer, or trailer other than a travel	10918
trailer. Nonprocessed agricultural products, as used in this	10919
division, does not include livestock or grain.	10920

A license issued under this division shall be issued for a	10921
period of one hundred thirty days in the same manner in which all	10922
other licenses are issued under this section, provided that no	10923
truck shall be so licensed for more than one	10924
one-hundred-thirty-day period during any calendar year.	10925

The license issued pursuant to this division shall consist of	10926
a windshield decal to be designed by the director of public	10927
safety.	10928

Every person registering a truck under this division shall	10929
furnish an affidavit certifying that the truck licensed to the	10930
person is to be used exclusively for the purposes specified in	10931
this division.	10932

(L) Every person registering a motor vehicle as a	10933
noncommercial motor vehicle as defined in section 4501.01 of the	10934
Revised Code, or registering a trailer as a noncommercial trailer	10935
as defined in that section, shall furnish an affidavit certifying	10936
that the motor vehicle or trailer so licensed to the person is to	10937
be so used as to meet the requirements necessary for the	10938
noncommercial vehicle classification.	10939

(M) Every person registering a van or bus as provided in	10940
divisions (F)(2) and (3) of this section shall furnish a notarized	10941
statement certifying that the van or bus licensed to the person is	10942
to be used for the purposes specified in those divisions. The form	10943
of the license plate issued for such motor vehicles shall be	10944
prescribed by the registrar.	10945

(N) Every person registering as a passenger car a motor	10946
vehicle designed and used for carrying more than nine but not more	10947
than fifteen passengers, and every person registering a bus as	10948
provided in division (G) of this section, shall furnish an	10949
affidavit certifying that the vehicle so licensed to the person is	10950
to be used in a ridesharing arrangement and that the person will	10951
have in effect whenever the vehicle is used in a ridesharing	10952
arrangement a policy of liability insurance with respect to the	10953
motor vehicle in amounts and coverages no less than those required	10954
by section 4509.79 of the Revised Code. The form of the license	10955
plate issued for such a motor vehicle shall be prescribed by the	10956
registrar.	10957

(O)(1) Commencing on October 1, 2009, if an application for	10958
registration renewal is not applied for prior to the expiration	10959
date of the registration or within ~~seven~~thirty days after that	10960
date, the registrar or deputy registrar shall collect a fee of	10961
~~twenty~~ten dollars for the issuance of the vehicle registration.	10962
For any motor vehicle that is used on a seasonal basis, whether	10963
used for general transportation or not, and that has not been used	10964
on the public roads or highways since the expiration of the	10965
registration, the registrar or deputy registrar shall waive the	10966
fee established under this division if the application is	10967
accompanied by supporting evidence of seasonal use as the	10968
registrar may require. The registrar or deputy registrar may waive	10969
the fee for other good cause shown if the application is	10970
accompanied by supporting evidence as the registrar may require.	10971
The fee shall be in addition to all other fees established by this	10972
section. A deputy registrar shall retain fifty cents of the fee	10973
and shall transmit the remaining amount to the registrar at the	10974
time and in the manner provided by section 4503.10 of the Revised	10975
Code. The registrar shall deposit all moneys received under this	10976
division into the state highway safety fund established in section	10977
4501.06 of the Revised Code.	10978

(2) Division (O)(1) of this section does not apply to a farm	10979
truck or farm bus registered under division (J) of this section.	10980

(P) As used in this section:

10981

(1) "Van" means any motor vehicle having a single rear axle	10982
and an enclosed body without a second seat.	10983

(2) "Handicapped person" means any person who has lost the	10984
use of one or both legs, or one or both arms, or is blind, deaf,	10985
or so severely disabled as to be unable to move about without the	10986
aid of crutches or a wheelchair.	10987

(3) "Farm truck" means a truck used in the transportation	10988
from the farm of products of the farm, including livestock and its	10989
products, poultry and its products, floricultural and	10990
horticultural products, and in the transportation to the farm of	10991
supplies for the farm, including tile, fence, and every other	10992
thing or commodity used in agricultural, floricultural,	10993
horticultural, livestock, and poultry production and livestock,	10994
poultry, and other animals and things used for breeding, feeding,	10995
or other purposes connected with the operation of the farm.	10996

(4) "Farm bus" means a bus used only for the transportation	10997
of agricultural employees and used only in the transportation of	10998
such employees as are necessary in the operation of the farm.	10999

(5) "Farm supplies" includes fuel used exclusively in the	11000
operation of a farm, including one or more homes located on and	11001
used in the operation of one or more farms, and furniture and	11002
other things used in and around such homes.	11003

Sec. 4507.05. (A) The registrar of motor vehicles, or a	11004
deputy registrar, upon receiving an application for a temporary	11005
instruction permit and a temporary instruction permit	11006
identification card for a driver's license from any person who is	11007
at least fifteen years six months of age, may issue such a permit	11008
and identification card entitling the applicant to drive a motor	11009
vehicle, other than a commercial motor vehicle, upon the highways	11010
under the following conditions:	11011

(1) If the permit is issued to a person who is at least	11012
fifteen years six months of age, but less than sixteen years of	11013
age:	11014

(a) The permit and identification card are in the holder's	11015
immediate possession;	11016

(b) The holder is accompanied by an eligible adult who	11017
actually occupies the seat beside the permit holder and does not	11018
have a prohibited concentration of alcohol in the whole blood,	11019
blood serum or plasma, breath, or urine as provided in division	11020
(A) of section 4511.19 of the Revised Code;	11021

(c) The total number of occupants of the vehicle does not	11022
exceed the total number of occupant restraining devices originally	11023
installed in the motor vehicle by its manufacturer, and each	11024
occupant of the vehicle is wearing all of the available elements	11025
of a properly adjusted occupant restraining device.	11026

(2) If the permit is issued to a person who is at least	11027
sixteen years of age:	11028

(a) The permit and identification card are in the holder's	11029
immediate possession;	11030

(b) The holder is accompanied by a licensed operator who is	11031
at least twenty-one years of age, is actually occupying a seat	11032
beside the driver, and does not have a prohibited concentration of	11033
alcohol in the whole blood, blood serum or plasma, breath, or	11034
urine as provided in division (A) of section 4511.19 of the	11035
Revised Code;	11036

(c) The total number of occupants of the vehicle does not	11037
exceed the total number of occupant restraining devices originally	11038
installed in the motor vehicle by its manufacturer, and each	11039
occupant of the vehicle is wearing all of the available elements	11040
of a properly adjusted occupant restraining device.	11041

(B) The registrar or a deputy registrar, upon receiving from	11042
any person an application for a temporary instruction permit and	11043
temporary instruction permit identification card to operate a	11044
motorcycle, motor-driven cycle or motor scooter, or motorized	11045
bicycle, may issue such a permit and identification card entitling	11046
the applicant, while having the permit and identification card in	11047
the applicant's immediate possession, to drive a motorcycle or	11048
motor-driven cycle or motor scooter, under the restrictions	11049
prescribed in section 4511.53 of the Revised Code, or to drive a	11050
motorized bicycle under restrictions determined by the registrar.	11051
A temporary instruction permit and temporary instruction permit	11052
identification card to operate a motorized bicycle may be issued	11053
to a person fourteen or fifteen years old.	11054

(C) Any permit and identification card issued under this	11055
section shall be issued in the same manner as a driver's license,	11056
upon a form to be furnished by the registrar. A temporary	11057
instruction permit to drive a motor vehicle other than a	11058
commercial motor vehicle shall be valid for a period of one year.	11059

(D) Any person having in the person's possession a valid and	11060
current driver's license or motorcycle operator's license or	11061
endorsement issued to the person by another jurisdiction	11062
recognized by this state is exempt from obtaining a temporary	11063
instruction permit for a driver's license~~, but shall submit~~and	11064
from submitting to the examination for a temporary instruction	11065
permit and the regular examination infor obtaining a driver's	11066
license or motorcycle operator's endorsement in this state if the	11067
person does all of the following:	11068

(1) Submits to and passes vision screening as provided in	11069
section 4507.12 of the Revised Code;	11070

(2) Surrenders to the registrar or deputy registrar the	11071
person's driver's license issued by the other jurisdiction; and	11072

(3) Complies with all other applicable requirements for	11073
issuance by this state of a driver's license, driver's license	11074
with a motorcycle operator's endorsement, or restricted license to	11075
operate a motorcycle.	11076

If the person does not comply with all the requirements of	11077
this division, the person shall submit to the regular examination	11078
for obtaining a driver's license or motorcycle operator's	11079
endorsement in this state in order to obtain such a license or	11080
endorsement.	11081

(E) The registrar may adopt rules governing the use of	11082
temporary instruction permits and temporary instruction permit	11083
identification cards.	11084

(F)(1) No holder of a permit issued under division (A) of	11085
this section shall operate a motor vehicle upon a highway or any	11086
public or private property used by the public for purposes of	11087
vehicular travel or parking in violation of the conditions	11088
established under division (A) of this section.	11089

(2) Except as provided in division (F)(2) of this section, no	11090
holder of a permit that is issued under division (A) of this	11091
section and that is issued on or after July 1, 1998, and who has	11092
not attained the age of eighteen years, shall operate a motor	11093
vehicle upon a highway or any public or private property used by	11094
the public for purposes of vehicular travel or parking between the	11095
hours of midnight and six a.m.	11096

The holder of a permit issued under division (A) of this	11097
section on or after July 1, 1998, who has not attained the age of	11098
eighteen years, may operate a motor vehicle upon a highway or any	11099
public or private property used by the public for purposes of	11100
vehicular travel or parking between the hours of midnight and six	11101
a.m. if, at the time of such operation, the holder is accompanied	11102
by the holder's parent, guardian, or custodian, and the parent,	11103
guardian, or custodian holds a current valid driver's or	11104
commercial driver's license issued by this state, is actually	11105
occupying a seat beside the permit holder, and does not have a	11106
prohibited concentration of alcohol in the whole blood, blood	11107
serum or plasma, breath, or urine as provided in division (A) of	11108
section 4511.19 of the Revised Code.	11109

(G)(1) Notwithstanding any other provision of law to the	11110
contrary, no law enforcement officer shall cause the operator of a	11111
motor vehicle being operated on any street or highway to stop the	11112
motor vehicle for the sole purpose of determining whether each	11113
occupant of the motor vehicle is wearing all of the available	11114
elements of a properly adjusted occupant restraining device as	11115
required by division (A) of this section, or for the sole purpose	11116
of issuing a ticket, citation, or summons if the requirement in	11117
that division has been or is being violated, or for causing the	11118
arrest of or commencing a prosecution of a person for a violation	11119
of that requirement.	11120

(2) Notwithstanding any other provision of law to the	11121
contrary, no law enforcement officer shall cause the operator of a	11122
motor vehicle being operated on any street or highway to stop the	11123
motor vehicle for the sole purpose of determining whether a	11124
violation of division (F)(2) of this section has been or is being	11125
committed or for the sole purpose of issuing a ticket, citation,	11126
or summons for such a violation or for causing the arrest of or	11127
commencing a prosecution of a person for such violation.	11128

(H) As used in this section:

11129

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

11130

(a) An instructor of a driver training course approved by the	11131
department of public safety;	11132

(b) Any of the following persons who holds a current valid	11133
driver's or commercial driver's license issued by this state:	11134

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

11135

(ii) A person twenty-one years of age or older who acts in	11136
loco parentis of the permit holder.	11137

(2) "Occupant restraining device" has the same meaning as in	11138
section 4513.263 of the Revised Code.	11139

(I) Whoever violates division (F)(1) or (2) of this section	11140
is guilty of a minor misdemeanor.	11141

Section 110.11. That the existing versions of sections	11142
4503.04 and 4507.05 of the Revised Code that are scheduled to take	11143
effect January 1, 2017, are hereby repealed.	11144

Section 110.12. Sections 110.10 and 110.11 of this act take	11145
effect January 1, 2017.	11146

Section 201.10. Except as otherwise provided in this act,	11147
all appropriation items in this act are appropriated out of any	11148
moneys in the state treasury to the credit of the designated fund	11149
that are not otherwise appropriated. For all appropriations made	11150
in this act, the amounts in the first column are for fiscal year	11151
2014 and the amounts in the second column are for fiscal year	11152
2015.	11153

Section 203.10. DOT DEPARTMENT OF TRANSPORTATION

11154

FUND

TITLE

FY 2014

FY 2015

11155

Highway Operating Fund Group	11156

2120	772426	Highway Infrastructure Bank - Federal	$	5,000,000	$	5,000,000	11157
2120	772427	Highway Infrastructure Bank - State	$	10,350,000	$	10,350,000	11158
2120	772430	Infrastructure Debt Reserve Title 23-49	$	525,000	$	525,000	11159
2130	772431	Roadway Infrastructure Bank - State	$	2,475,000	$	2,475,000	11160
2130	772433	Infrastructure Debt Reserve - State	$	650,000	$	650,000	11161
2130	777477	Aviation Infrastructure Bank - State	$	1,000,000	$	1,000,000	11162
7002	771411	Planning and Research - State	$	21,144,581	$	21,738,277	11163
7002	771412	Planning and Research - Federal	$	28,835,906	$	28,959,514	11164
7002	772421	Highway Construction - State	$	583,246,763	$	585,240,020	11165
7002	772422	Highway Construction - Federal	$	1,065,253,182	$	1,063,145,274	11166
7002	772424	Highway Construction - Other	$	80,000,000	$	80,000,000	11167
7002	772437	GARVEE Debt Service - State	$	31,139,500	$	31,635,300	11168
7002	772438	GARVEE Debt Service - Federal	$	136,039,500	$	138,027,800	11169
7002	773431	Highway Maintenance - State	$	480,165,521	$	492,506,152	11170
7002	775452	Public Transportation - Federal	$	27,590,748	$	27,590,748	11171
7002	775454	Public Transportation - Other	$	1,500,000	$	1,500,000	11172
7002	775459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	11173
7002	776462	Grade Crossings - Federal	$	14,136,500	$	14,129,500	11174
7002	776669	Grade Crossings - Maintenance	$	5,000,000	$	5,000,000	11175
7002	777472	Airport Improvements - Federal	$	405,000	$	405,000	11176
7002	777475	Aviation Administration	$	4,875,000	$	4,935,000	11177
7002	779491	Administration - State	$	91,218,054	$	92,543,982	11178
TOTAL HOF Highway Operating							11179
Fund Group			$	2,595,280,255	$	2,612,086,567	11180

State Special Revenue Fund Group	11181

4N40	776664	Rail Transportation - Other	$	2,875,800	$	2,875,800	11182
5W90	777615	County Airport Maintenance	$	620,000	$	620,000	11183
TOTAL SSR State Special Revenue							11184
Fund Group			$	3,495,800	$	3,495,800	11185

Infrastructure Bank Obligations Fund Group	11186

7045	772428	Highway Infrastructure Bank - Bonds	$	96,092,215	$	97,000,000	11187
TOTAL 045 Infrastructure Bank							11188
Obligations Fund Group			$	96,092,215	$	97,000,000	11189

Highway Capital Improvement Fund Group	11190

7042	772723	Highway Construction - Bonds	$	100,294,652	$	119,617,631	11191
TOTAL 042 Highway Capital							11192
Improvement Fund Group			$	100,294,652	$	119,617,631	11193
TOTAL ALL BUDGET FUND GROUPS			$	2,795,162,922	$	2,832,199,998	11194

Section 203.20. PUBLIC ACCESS ROADS FOR DNR FACILITIES

11196

Of the foregoing appropriation item 772421, Highway	11197
Construction – State, $5,000,000 shall be used in each fiscal year	11198
for the construction, reconstruction, or maintenance of public	11199
access roads, including support features, to and within state	11200
facilities owned or operated by the Department of Natural	11201
Resources.	11202

Section 203.30. PUBLIC ACCESS ROADS FOR PARKS, EXPOSITIONS	11203
COMMISSION, AND OHIO HISTORICAL SOCIETY FACILITIES	11204

Notwithstanding section 5511.06 of the Revised Code, of the	11205
foregoing appropriation item 772421, Highway Construction – State,	11206
$2,228,000 in each fiscal year shall be used for the construction,	11207
reconstruction, or maintenance of park drives or park roads within	11208
the boundaries of metropolitan parks.	11209

The Department of Transportation may use the foregoing	11210
appropriation item 772421, Highway Construction – State, to	11211
perform related road work on behalf of the Ohio Expositions	11212
Commission at the state fairgrounds, including reconstruction or	11213
maintenance of public access roads and support features to and	11214
within fairgrounds facilities, as requested by the Commission and	11215
approved by the Director of Transportation.	11216

The Department of Transportation may use the foregoing	11217
appropriation item 772421, Highway Construction – State, to	11218
perform related road work on behalf of the Ohio Historical	11219
Society, including reconstruction or maintenance of public access	11220
roads and support features to and within Historical Society	11221
facilities, as requested by the Society and approved by the	11222
Director of Transportation.	11223

Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS

11224

(A) Notwithstanding section 5540.151 of the Revised Code, of	11225
the foregoing appropriation item 772421, Highway Construction –	11226
State, $3,500,000 in each fiscal year shall be made available for	11227
distribution by the Director of Transportation to Transportation	11228
Improvement Districts that have facilitated funding for the cost	11229
of a project or projects in conjunction with and through other	11230
governmental agencies.	11231

(B) A Transportation Improvement District shall submit	11232
requests for project funding to the Ohio Department of	11233
Transportation not later than the first day of September in each	11234
fiscal year. The Ohio Department of Transportation shall notify	11235
the Transportation Improvement District whether the Department has	11236
approved or disapproved the project funding request within 90 days	11237
after the day the request was submitted by the Transportation	11238
Improvement District.	11239

(C) Any funding provided to a Transportation Improvement	11240
District specified in this section shall not be used for the	11241
purposes of administrative costs or administrative staffing and	11242
must be used to fund a specific project or projects within that	11243
District's area. The total amount of a specific project's cost	11244
shall not be fully funded by the amount of funds provided under	11245
this section. The total amount of funding provided for each	11246
project is limited to 10% of total project costs or $250,000 per	11247
fiscal year, whichever is greater. Transportation Improvement	11248
Districts that are co-sponsoring a specific project may	11249
individually apply for up to $250,000 for that project. However,	11250
not more than 10% of a project's total costs per biennium shall be	11251
funded through moneys provided under this section.	11252

(D) Funds provided under this section may be used for	11253
preliminary engineering, detailed design, right-of-way	11254
acquisition, and construction of the specific project and such	11255
other project costs that are defined in section 5540.01 of the	11256
Revised Code and approved by the Director of Transportation. Upon	11257
receipt of a copy of an invoice for work performed on the specific	11258
project, the Director of Transportation shall reimburse a	11259
Transportation Improvement District for the expenditures described	11260
above, subject to the requirements of this section.	11261

(E) Any Transportation Improvement District that is	11262
requesting funds under this section shall register with the	11263
Director of Transportation. The Director of Transportation shall	11264
register a Transportation Improvement District only if the	11265
district has a specific, eligible project and may cancel the	11266
registration of a Transportation Improvement District that is not	11267
eligible to receive funds under this section. The Director shall	11268
not provide funds to any Transportation Improvement District under	11269
this section if the district is not registered. The Director of	11270
Transportation shall not register a Transportation Improvement	11271
District and shall cancel the registration of a currently	11272
registered Transportation Improvement District unless at least one	11273
of the following applies:	11274

(1) The Transportation Improvement District, by a resolution	11275
or resolutions, designated a project or program of projects and	11276
facilitated, including in conjunction with and through other	11277
governmental agencies, funding for costs of a project or program	11278
of projects in an aggregate amount of not less than $10,000,000	11279
within the eight-year period commencing January 1, 2005.	11280

(2) The Transportation Improvement District, by a resolution	11281
or resolutions, designated a project or program of projects and	11282
facilitated, including in conjunction with and through other	11283
governmental agencies, funding for costs of a project or program	11284
of projects in an aggregate amount of not less than $15,000,000	11285
from the commencement date of the project or program of projects.	11286

(3) The Transportation Improvement District has designated,	11287
by a resolution or resolutions, a project or program of projects	11288
that has estimated aggregate costs in excess of $10,000,000 and	11289
the County Engineer of the county in which the Transportation	11290
Improvement District is located has attested by a sworn affidavit	11291
that the costs of the project or program of projects exceeds	11292
$10,000,000 and that the Transportation Improvement District is	11293
facilitating a portion of funding for that project or program of	11294
projects.	11295

(F) For purposes of this section:

11296

(1) "Project" shall have the same meaning as in division (D)	11297
of section 5540.01 of the Revised Code.	11298

(2) "Governmental agency" shall have the same meaning as in	11299
division (B) of section 5540.01 of the Revised Code.	11300

(3) "Cost" shall have the same meaning as in division (C) of	11301
section 5540.01 of the Revised Code.	11302

Section 203.40.10. GRADE CROSSINGS - MAINTENANCE

11303

The foregoing appropriation item 776669, Grade Crossings -	11304
Maintenance, shall be used for the maintenance of at-grade	11305
railroad highway crossings. Funds shall be used to reimburse	11306
operating railroads for grade crossing maintenance expenses in	11307
proportion to their share of at-grade railroad highway crossings	11308
in Ohio based on the Railroad Information System maintained by the	11309
Public Utilities Commission.	11310

Section 203.50. ISSUANCE OF BONDS

11311

The Treasurer of State, upon the request of the Director of	11312
Transportation, is authorized to issue and sell, in accordance	11313
with Section 2m of Article VIII, Ohio Constitution, and Chapter	11314
151. and particularly sections 151.01 and 151.06 of the Revised	11315
Code, obligations, including bonds and notes, in the aggregate	11316
amount of $220,000,000 in addition to the original issuance of	11317
obligations authorized by prior acts of the General Assembly.	11318

The obligations shall be issued and sold from time to time in	11319
amounts necessary to provide sufficient moneys to the credit of	11320
the Highway Capital Improvement Fund (Fund 7042) created by	11321
section 5528.53 of the Revised Code to pay costs charged to the	11322
fund when due as estimated by the Director of Transportation,	11323
provided, however, that such obligations shall be issued and sold	11324
at such time or times so that not more than $220,000,000 original	11325
principal amount of obligations, plus the principal amount of	11326
obligations that in prior fiscal years could have been, but were	11327
not, issued within the $220,000,000 limit, may be issued in any	11328
fiscal year, and not more than $1,200,000,000 original principal	11329
amount of such obligations are outstanding at any one time.	11330

Section 203.60. TRANSFER OF HIGHWAY OPERATING FUND (FUND	11331
7002) APPROPRIATIONS: PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION,	11332
HIGHWAY MAINTENANCE, PUBLIC TRANSPORTATION, RAIL, AVIATION, AND	11333
ADMINISTRATION	11334

The Director of Budget and Management may approve requests	11335
from the Director of Transportation for transfer of Highway	11336
Operating Fund (Fund 7002) appropriations for planning and	11337
research (appropriation items 771411 and 771412), highway	11338
construction and debt service (appropriation items 772421, 772422,	11339
772424, 772425, 772437, and 772438), highway maintenance	11340
(appropriation item 773431), public transportation - federal	11341
(appropriation item 775452), elderly and disabled special	11342
equipment (appropriation item 775459), rail grade crossings	11343
(appropriation item 776462), aviation (appropriation item 777475),	11344
and administration (appropriation item 779491). The Director of	11345
Budget and Management may not make transfers out of debt service	11346
appropriation items unless the Director determines that the	11347
appropriated amounts exceed the actual and projected debt service	11348
requirements. Transfers of appropriations may be made upon the	11349
written request of the Director of Transportation and with the	11350
approval of the Director of Budget and Management. The transfers	11351
shall be reported to the Controlling Board at the next regularly	11352
scheduled meeting of the board.	11353

This transfer authority is intended to provide for emergency	11354
situations and flexibility to meet unforeseen conditions that	11355
could arise during the budget period. It also is intended to allow	11356
the department to optimize the use of available resources and	11357
adjust to circumstances affecting the obligation and expenditure	11358
of federal funds.	11359

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY, TRANSIT,	11360
AVIATION, AND RAIL AND LOCAL TRANSIT	11361

The Director of Budget and Management may approve written	11362
requests from the Director of Transportation for the transfer of	11363
appropriations between appropriation items 772422, Highway	11364
Construction - Federal, 775452, Public Transportation - Federal,	11365
775454, Public Transportation - Other, 775459, Elderly and	11366
Disabled Special Equipment, 776475, Federal Rail Administration,	11367
and 777472, Airport Improvements - Federal. The transfers shall be	11368
reported to the Controlling Board at its next regularly scheduled	11369
meeting.	11370

TRANSFER OF APPROPRIATIONS - ARRA

11371

The Director of Budget and Management may approve written	11372
requests from the Director of Transportation for the transfer of	11373
appropriations between appropriation items 771412, Planning and	11374
Research – Federal, 772422, Highway Construction - Federal,	11375
772424, Highway Construction – Other, 775452, Public	11376
Transportation - Federal, 776462, Grade Crossing - Federal, and	11377
777472, Airport Improvements - Federal, based upon the	11378
requirements of the American Recovery and Reinvestment Act of 2009	11379
that apply to the money appropriated. The transfers shall be	11380
reported to the Controlling Board at its next regularly scheduled	11381
meeting.	11382

TRANSFER OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE	11383
BANK	11384

The Director of Budget and Management may approve requests	11385
from the Director of Transportation for transfer of appropriations	11386
and cash of the Infrastructure Bank funds created in section	11387
5531.09 of the Revised Code, including transfers between fiscal	11388
years 2014 and 2015. The transfers shall be reported to the	11389
Controlling Board at its next regularly scheduled meeting.	11390

The Director of Budget and Management may approve requests	11391
from the Director of Transportation for transfer of appropriations	11392
and cash from the Highway Operating Fund (Fund 7002) to the	11393
Infrastructure Bank funds created in section 5531.09 of the	11394
Revised Code. The Director of Budget and Management may transfer	11395
from the Infrastructure Bank funds to the Highway Operating Fund	11396
up to the amounts originally transferred to the Infrastructure	11397
Bank funds under this section. However, the Director may not make	11398
transfers between modes or transfers between different funding	11399
sources. The transfers shall be reported to the Controlling Board	11400
at its next regularly scheduled meeting.	11401

TRANSFER OF APPROPRIATIONS AND CASH: TOLLING FUNDS

11402

The Director of Budget and Management may approve requests	11403
from the Director of Transportation for transfer of appropriations	11404
and cash of the Ohio Toll Fund and any subaccounts created in	11405
section 5531.14 of the Revised Code, including transfers between	11406
fiscal years 2014 and 2015. The transfers shall be reported to the	11407
Controlling Board at its next regularly scheduled meeting.	11408

INCREASING APPROPRIATIONS: STATE FUNDS

11409

In the event that receipts or unexpended balances credited to	11410
the Highway Operating Fund (Fund 7002) exceed the estimates upon	11411
which the appropriations have been made in this act, upon the	11412
request of the Director of Transportation, the Controlling Board	11413
may increase those appropriations in the manner prescribed in	11414
section 131.35 of the Revised Code.	11415

INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS

11416

In the event that receipts or unexpended balances credited to	11417
the Highway Operating Fund (Fund 7002) or apportionments or	11418
allocations made available from the federal and local government	11419
exceed the estimates upon which the appropriations have been made	11420
in this act, upon the request of the Director of Transportation,	11421
the Controlling Board may increase those appropriations in the	11422
manner prescribed in section 131.35 of the Revised Code.	11423

REAPPROPRIATIONS

11424

In each fiscal year of the biennium ending June 30, 2015, the	11425
Director of Transportation may request that the Director of Budget	11426
and Management transfer any remaining unencumbered balances of	11427
prior years' appropriations to the Highway Operating Fund (Fund	11428
7002), the Highway Capital Improvement Fund (Fund 7042), and the	11429
Infrastructure Bank funds created in section 5531.09 of the	11430
Revised Code for the same purpose in the following fiscal year. In	11431
the request, the Director of Transportation shall identify the	11432
appropriate fund and appropriation item of the transfer, the	11433
requested transfer amount. The Director of Budget and Management	11434
may request additional information necessary for evaluating the	11435
transfer request, and the Director of Transportation shall provide	11436
the requested information to the Director of Budget and	11437
Management. Based on the information provided by the Director of	11438
Transportation, the Director of Budget and Management shall	11439
determine the amount to be transferred by fund and appropriation	11440
item, and those amounts are hereby reappropriated. The Director of	11441
Transportation shall report the reappropriations to the	11442
Controlling Board.	11443

Any balances of prior years' unencumbered appropriations to	11444
the Highway Operating Fund (Fund 7002), the Highway Capital	11445
Improvement Fund (Fund 7042), and the Infrastructure Bank funds	11446
created in section 5531.09 of the Revised Code for which the	11447
Director of Transportation requests reappropriations, and for	11448
which reappropriations are approved by the Director of Budget and	11449
Management, are subject to the availability of revenue as	11450
determined by the Director of Transportation.	11451

LIQUIDATION OF UNFORESEEN LIABILITIES

11452

Any appropriation made from the Highway Operating Fund (Fund	11453
7002) not otherwise restricted by law is available to liquidate	11454
unforeseen liabilities arising from contractual agreements of	11455
prior years when the prior year encumbrance is insufficient.	11456

Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS

11457

The Director of Transportation may remove snow and ice and	11458
maintain, repair, improve, or provide lighting upon interstate	11459
highways that are located within the boundaries of municipal	11460
corporations, adequate to meet the requirements of federal law.	11461
When agreed in writing by the Director of Transportation and the	11462
legislative authority of a municipal corporation and	11463
notwithstanding sections 125.01 and 125.11 of the Revised Code,	11464
the Department of Transportation may reimburse a municipal	11465
corporation for all or any part of the costs, as provided by such	11466
agreement, incurred by the municipal corporation in maintaining,	11467
repairing, lighting, and removing snow and ice from the interstate	11468
system.	11469

Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

11470

The Director of Transportation may use revenues from the	11471
state motor vehicle fuel tax to match approved federal grants	11472
awarded to the Department of Transportation, regional transit	11473
authorities, or eligible public transportation systems, for public	11474
transportation highway purposes, or to support local or state	11475
funded projects for public transportation highway purposes. Public	11476
transportation highway purposes include: the construction or	11477
repair of high-occupancy vehicle traffic lanes, the acquisition or	11478
construction of park-and-ride facilities, the acquisition or	11479
construction of public transportation vehicle loops, the	11480
construction or repair of bridges used by public transportation	11481
vehicles or that are the responsibility of a regional transit	11482
authority or other public transportation system, or other similar	11483
construction that is designated as an eligible public	11484
transportation highway purpose. Motor vehicle fuel tax revenues	11485
may not be used for operating assistance or for the purchase of	11486
vehicles, equipment, or maintenance facilities.	11487

Section 203.90. The federal payments made to the state for	11488
highway infrastructure or for transit agencies under Title XII of	11489
Division A of the American Recovery and Reinvestment Act of 2009	11490
shall be deposited to the credit of the Highway Operating Fund	11491
(Fund 7002), which is created in section 5735.291 of the Revised	11492
Code.	11493

Section 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

11494

State Highway Safety Fund Group	11495

4W40	762321	Operating Expense - BMV	$	127,359,268	$	127,268,957	11496
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	11497
7036	761321	Operating Expense - Information and Education	$	6,805,066	$	6,749,331	11498
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	11499
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	11500
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	11501
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	11502
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	11503
8310	761610	Information and Education - Federal	$	300,000	$	300,000	11504
8310	764608	FARS Grant Federal	$	175,000	$	175,000	11505
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	11506
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	11507
8310	765610	EMS - Federal	$	225,000	$	225,000	11508
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	11509
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	11510
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	11511
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	11512
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	11513
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	11514
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	11515
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	11516
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	11517
83M0	765624	Operating - EMS	$	2,711,069	$	2,711,069	11518
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	11519
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	11520
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	11521
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	11522
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	11523
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	11524
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	11525
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	11526
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	11527
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	11528
TOTAL HSF State Highway Safety Fund Group			$	511,655,460	$	513,689,364	11529

General Services Fund Group	11530

4P60	768601	Justice Program Services	$	900,000	$	875,000	11531
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	11532
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	11533
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	11534

Federal Special Revenue Fund Group	11535

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	11536
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	11537
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	11538
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	11539
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	11540
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	11541
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	11542
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	11543
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	11544
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	11545
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	11546
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	11547
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	11548
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	11549
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	11550

State Special Revenue Fund Group	11551

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	11552
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	11553
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	11554
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	11555
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	11556
5BP0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	11557
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	11558
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	11559
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	11560
5FL0	769634	Investigations	$	899,300	$	899,300	11561
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	11562
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	11563
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	11564
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	11565
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	11566
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	11567

Agency Fund Group	11568

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		11569
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		11570

Holding Account Redistribution Fund Group	11571

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	11572
R052	762623	Security Deposits	$	350,000	$	350,000	11573
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	11574
TOTAL ALL BUDGET FUND GROUPS			$	669,763,888	$	672,207,792	11575

MOTOR VEHICLE REGISTRATION

11576

The Registrar of Motor Vehicles may deposit revenues to meet	11577
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	11578
4W40) established in section 4501.25 of the Revised Code, obtained	11579
under sections 4503.02 and 4504.02 of the Revised Code, less all	11580
other available cash. Revenue deposited pursuant to this paragraph	11581
shall support, in part, appropriations for operating expenses and	11582
defray the cost of manufacturing and distributing license plates	11583
and license plate stickers and enforcing the law relative to the	11584
operation and registration of motor vehicles. Notwithstanding	11585
section 4501.03 of the Revised Code, the revenues shall be paid	11586
into Fund 4W40 before any revenues obtained pursuant to sections	11587
4503.02 and 4504.02 of the Revised Code are paid into any other	11588
fund. The deposit of revenues to meet the aforementioned cash	11589
needs shall be in approximately equal amounts on a monthly basis	11590
or as otherwise determined by the Director of Budget and	11591
Management pursuant to a plan submitted by the Registrar of Motor	11592
Vehicles.	11593

LEASE RENTAL PAYMENTS

11594

The foregoing appropriation item 761401, Lease Rental	11595
Payments, shall be used for payments to the Treasurer of State for	11596
the period July 1, 2013, through June 30, 2015, under the primary	11597
leases and agreements for public safety related buildings. The	11598
appropriations are the source of funds pledged for bond service	11599
charges on obligations pursuant to Chapters 152. and 154. of the	11600
Revised Code.	11601

CASH TRANSFERS BETWEEN FUNDS

11602

Notwithstanding any provision of law to the contrary, the	11603
Director of Budget and Management, upon the written request of the	11604
Director of Public Safety, may transfer cash between the following	11605
six funds: the Trauma and Emergency Medical Services Fund (Fund	11606
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	11607
Fund (Fund 5FL0), the Emergency Management Agency Service and	11608
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	11609
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	11610
4W40).	11611

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	11612
PLATE CONTRIBUTION FUND	11613

On July 1, 2013, or as soon as possible thereafter, the	11614
Director of Budget and Management may transfer the cash balance in	11615
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	11616
Contribution Fund (Fund 5V10). Upon completion of the transfer,	11617
Fund 5JS0 is hereby abolished.	11618

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	11619
STATE HIGHWAY SAFETY FUND	11620

Not later than January 1, 2014, the Director of Budget and	11621
Management may transfer the cash balance in the Hilltop Utility	11622
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	11623
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	11624
abolished. The Director shall cancel any existing encumbrances	11625
against appropriation item 766661, Hilltop Utility Reimbursement,	11626
and reestablish them against appropriation item 761321, Operating	11627
Expense – Information and Education. The reestablished encumbrance	11628
amounts are hereby appropriated.	11629

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	11630
SAFETY FUND	11631

On July 1, 2013, or as soon as possible thereafter, the	11632
Director of Budget and Management shall transfer the cash balance	11633
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	11634
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	11635
Fund 8380 is abolished.	11636

STATE DISASTER RELIEF

11637

The State Disaster Relief Fund (Fund 5330) may accept	11638
transfers of cash and appropriations from Controlling Board	11639
appropriation items for Ohio Emergency Management Agency disaster	11640
response costs and disaster program management costs, and may also	11641
be used for the following purposes:	11642

(A) To accept transfers of cash and appropriations from	11643
Controlling Board appropriation items for Ohio Emergency	11644
Management Agency public assistance and mitigation program match	11645
costs to reimburse eligible local governments and private	11646
nonprofit organizations for costs related to disasters;	11647

(B) To accept and transfer cash to reimburse the costs	11648
associated with Emergency Management Assistance Compact (EMAC)	11649
deployments;	11650

(C) To accept disaster related reimbursement from federal,	11651
state, and local governments. The Director of Budget and	11652
Management may transfer cash from reimbursements received by this	11653
fund to other funds of the state from which transfers were	11654
originally approved by the Controlling Board.	11655

(D) To accept transfers of cash and appropriations from	11656
Controlling Board appropriation items to fund the State Disaster	11657
Relief Program, for disasters that qualify for the program by	11658
written authorization of the Governor, and the State Individual	11659
Assistance Program for disasters that have been declared by the	11660
federal Small Business Administration and that qualify for the	11661
program by written authorization of the Governor. The Ohio	11662
Emergency Management Agency shall publish and make available	11663
application packets outlining procedures for the State Disaster	11664
Relief Program and the State Individual Assistance Program.	11665

JUSTICE ASSISTANCE GRANT FUND

11666

The federal payments made to the state for the Byrne Justice	11667
Assistance Grants Program under Title II of Division A of the	11668
American Recovery and Reinvestment Act of 2009 shall be deposited	11669
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	11670
which is hereby created in the state treasury. All investment	11671
earnings of the fund shall be credited to the fund.	11672

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	11673
AGENCY SERVICE AND REIMBURSEMENT FUND	11674

On July 1 of each fiscal year, or as soon as possible	11675
thereafter, the Director of Budget and Management shall transfer	11676
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	11677
Emergency Management Agency Service and Reimbursement Fund (Fund	11678
4V30) to be distributed to the Ohio Task Force One – Urban Search	11679
and Rescue Unit and other urban search and rescue programs around	11680
the state.	11681

FAMILY VIOLENCE PREVENTION FUND

11682

Notwithstanding any provision of law to the contrary, in each	11683
of fiscal years 2014 and 2015, the first $750,000 received to the	11684
credit of the Family Violence Prevention Fund (Fund 5BK0) is	11685
appropriated to appropriation item 768689, Family Violence Shelter	11686
Programs, and the next $400,000 received to the credit of Fund	11687
5BK0 in each of those fiscal years is appropriated to	11688
appropriation item 768687, Criminal Justice Services - Operating.	11689
Any moneys received to the credit of Fund 5BK0 in excess of the	11690
aforementioned appropriated amounts in each fiscal year shall,	11691
upon the approval of the Controlling Board, be used to provide	11692
grants to family violence shelters in Ohio.	11693

SARA TITLE III HAZMAT PLANNING

11694

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	11695
entitled to receive grant funds from the Emergency Response	11696
Commission to implement the Emergency Management Agency's	11697
responsibilities under Chapter 3750. of the Revised Code.	11698

COLLECTIVE BARGAINING INCREASES

11699

Notwithstanding division (D) of section 127.14 and division	11700
(B) of section 131.35 of the Revised Code, except for the General	11701
Revenue Fund, the Controlling Board may, upon the request of	11702
either the Director of Budget and Management, or the Department of	11703
Public Safety with the approval of the Director of Budget and	11704
Management, authorize expenditures in excess of appropriations and	11705
transfer appropriations, as necessary, for any fund used by the	11706
Department of Public Safety, to assist in paying the costs of	11707
increases in employee compensation that have occurred pursuant to	11708
collective bargaining agreements under Chapter 4117. of the	11709
Revised Code and, for exempt employees, under section 124.152 of	11710
the Revised Code. Any money approved for expenditure under this	11711
paragraph is hereby appropriated.	11712

CASH BALANCE FUND REVIEW

11713

Not later than the first day of April in each fiscal year of	11714
the biennium, the Director of Budget and Management shall review	11715
the cash balances for each fund, except the State Highway Safety	11716
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	11717
4W40), in the State Highway Safety Fund Group, and shall recommend	11718
to the Controlling Board an amount to be transferred to the credit	11719
of Fund 7036 or Fund 4W40, as appropriate.	11720

AUTO REGISTRATION DISTRIBUTION FUND

11721

Notwithstanding the amendment by this act to section 4501.03	11722
of the Revised Code and the enactment by this act of section	11723
4501.031 of the Revised Code, any license tax assessed under	11724
Chapters 4503. or 4504. of the Revised Code, and derived from	11725
registrations processed on business days prior to July 1, 2013,	11726
shall be deposited to the state treasury to the credit of the Auto	11727
Registration Distribution Fund (Fund 7051) created by section	11728
4501.03 of the Revised Code, even if such deposit does not occur	11729
until on or after July 1, 2013. All license tax assessed on	11730
registrations under Chapters 4503. or 4504. of the Revised Code	11731
prior to July 1, 2013, shall be deposited, and distributed, in	11732
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	11733
4501.043 of the Revised Code as they existed prior to the	11734
amendments to those sections by this act.	11735

Section 207.10. DEV DEVELOPMENT SERVICES AGENCY

11736

State Special Revenue Fund Group	11737

4W00	195629	Roadwork Development	$	15,199,900	$	15,199,900	11738
TOTAL SSR State Special Revenue							11739
Fund Group			$	15,199,900	$	15,199,900	11740
TOTAL ALL BUDGET FUND GROUPS			$	15,199,900	$	15,199,900	11741

ROADWORK DEVELOPMENT FUND

11742

The Roadwork Development Fund shall be used for road	11743
improvements associated with economic development opportunities	11744
that will retain or attract businesses for Ohio. "Road	11745
improvements" are improvements to public roadway facilities	11746
located on, or serving or capable of serving, a project site.	11747

The Department of Transportation, under the direction of the	11748
Development Services Agency, shall provide these funds in	11749
accordance with all guidelines and requirements established for	11750
Development Services Agency appropriation item 195623, Business	11751
Incentive Grants, including Controlling Board review and approval	11752
as well as the requirements for usage of gas tax revenue	11753
prescribed in Section 5a of Article XII, Ohio Constitution. Should	11754
the Development Services Agency require the assistance of the	11755
Department of Transportation to bring a project to completion, the	11756
Department of Transportation shall use its authority under Title	11757
LV of the Revised Code to provide such assistance and may enter	11758
into contracts on behalf of the Development Services Agency. In	11759
addition, these funds may be used in conjunction with	11760
appropriation item 195623, Business Incentive Grants, or any other	11761
state funds appropriated for infrastructure improvements.	11762

The Director of Budget and Management, pursuant to a plan	11763
submitted by the Director of Development Services or as otherwise	11764
determined by the Director of Budget and Management, shall set a	11765
cash transfer schedule to meet the cash needs of the Development	11766
Services Agency Roadwork Development Fund (Fund 4W00), less any	11767
other available cash. The Director shall transfer to the Roadwork	11768
Development Fund from the Highway Operating Fund (Fund 7002),	11769
established in section 5735.291 of the Revised Code, such amounts	11770
at such times as determined by the transfer schedule.	11771

Section 209.10. PWC PUBLIC WORKS COMMISSION

11772

Local Transportation Improvements Fund Group	11773

7052	150402	Local Transportation Improvement Program - Operating	$	292,526	$	296,555	11774
7052	150701	Local Transportation Improvement Program	$	52,000,000	$	52,000,000	11775
TOTAL 052 Local Transportation							11776
Improvements Fund Group			$	52,292,526	$	52,296,555	11777

Local Infrastructure Improvements Fund Group	11778

7038	150321	State Capital Improvements Program - Operating Expenses	$	902,579	$	909,665	11779
TOTAL LIF Local Infrastructure							11780
Improvements Fund Group			$	902,579	$	909,665	11781
TOTAL ALL BUDGET FUND GROUPS			$	53,195,105	$	53,206,220	11782

PUBLIC WORKS OPERATING EXPENSES

11783

The forgoing appropriation item 150321, State Capital	11784
Improvements Program-Operating Expenses, shall be used by the Ohio	11785
Public Works Commission to administer the State Capital	11786
Improvement Program under sections 164.01 to 164.16 of the Revised	11787
Code.	11788

DISTRICT ADMINISTRATION COSTS

11789

The Director of the Public Works Commission is authorized to	11790
create a District Administration Costs Program from interest	11791
earnings of the Capital Improvements Fund and Local Transportation	11792
Improvement Program Fund proceeds. The program shall be used to	11793
provide for the direct costs of district administration of the	11794
nineteen public works districts. Districts choosing to participate	11795
in the program shall only expend State Capital Improvements Fund	11796
moneys for State Capital Improvements Fund costs and Local	11797
Transportation Improvement Program Fund moneys for Local	11798
Transportation Improvement Program Fund costs. The account shall	11799
not exceed $1,235,000 per fiscal year. Each public works district	11800
may be eligible for up to $65,000 per fiscal year from its	11801
district allocation as provided in sections 164.08 and 164.14 of	11802
the Revised Code.	11803

The Director, by rule, shall define allowable and	11804
nonallowable costs for the purpose of the District Administration	11805
Costs Program. Nonallowable costs include indirect costs, elected	11806
official salaries and benefits, and project-specific costs. No	11807
district public works committee may participate in the District	11808
Administration Costs Program without the approval of those costs	11809
by the district public works committee under section 164.04 of the	11810
Revised Code.	11811

REAPPROPRIATIONS

11812

All capital appropriations from the Local Transportation	11813
Improvement Program Fund (Fund 7052) in Am. Sub. H.B. 114 of the	11814
129th General Assembly remaining unencumbered as of June 30, 2013,	11815
are reappropriated for use during the period July 1, 2013, through	11816
June 30, 2014, for the same purpose.	11817

Notwithstanding division (B) of section 127.14 of the Revised	11818
Code, all capital appropriations and reappropriations from the	11819
Local Transportation Improvement Program Fund (Fund 7052) in this	11820
act remaining unencumbered as of June 30, 2014, are reappropriated	11821
for use during the period July 1, 2014, through June 30, 2015, for	11822
the same purposes, subject to the availability of revenue as	11823
determined by the Director of the Public Works Commission.	11824

TEMPORARY TRANSFERS

11825

Notwithstanding section 127.14 of the Revised Code, the	11826
Director of the Public Works Commission may request the Director	11827
of Budget and Management to transfer moneys from the Local	11828
Transportation Improvement Fund (Fund 7052) to the State Capital	11829
Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund	11830
(Fund 7056). The Director of Budget and Management may approve	11831
temporary transfers if such transfers are needed for capital	11832
outlays for which notes or bonds will be issued. Any transfers	11833
executed under this section shall be reported to the Controlling	11834
Board by June 30 of the fiscal year in which the transfer	11835
occurred.	11836

Section 503.10. STATE AND LOCAL REBATE AUTHORIZATION

11837

There is hereby appropriated, from those funds designated by	11838
or pursuant to the applicable proceedings authorizing the issuance	11839
of state obligations, amounts computed at the time to represent	11840
the portion of investment income to be rebated or amounts in lieu	11841
of or in addition to any rebate amount to be paid to the federal	11842
government in order to maintain the exclusion from gross income	11843
for federal income tax purposes of interest on those state	11844
obligations under section 148(f) of the Internal Revenue Code.	11845

Rebate payments shall be approved and vouchered by the Office	11846
of Budget and Management.	11847

Section 503.20. DEPARTMENT OF NATURAL RESOURCES PARKS SPECIAL	11848
PURPOSES	11849

Appropriation item 725509, Parks Special Purposes, is hereby	11850
established in the General Revenue Fund with an appropriation of	11851
$14,000,000 in fiscal year 2013. The appropriation item shall be	11852
used by the Department of Natural Resources to facilitate the	11853
mutual termination of a lease agreement between the City of	11854
Cleveland and the Department of Natural Resources for Cleveland	11855
Lakefront Parks and to operate and conduct necessary upgrades	11856
solely and exclusively to (1) Edgewater Park; (2) East 55th/Gordon	11857
Park North of Interstate 90 and including the East 55th Street	11858
Department of Natural Resources Headquarters and the East 72nd	11859
Street Maintenance Facility; (3) Euclid Beach Park; and (4) Villa	11860
Angela/Wildwood Park. Any unexpended and unencumbered portion of	11861
the foregoing appropriation item remaining at the end of fiscal	11862
year 2013 shall be reappropriated for the same purposes in fiscal	11863
year 2014.	11864

Section 506.10. Notwithstanding division (A)(3) of section	11865
4501.044 and division (A)(1) of section 4501.045 of the Revised	11866
Code, commencing July 1, 2013, and extending through June 30,	11867
2014, the Director of Public Safety shall deposit the money	11868
otherwise deposited and distributed in accordance with those	11869
divisions into the State Highway Safety Fund (Fund 7036) created	11870
by section 4501.06 of the Revised Code until such time as the	11871
deposits equal a cumulative total of $34,000,000. At that point,	11872
the Director shall cease depositing any such money into Fund 7036	11873
and shall deposit and distribute that money as prescribed in	11874
division (A)(3) of section 4501.044 and division (A)(1) of section	11875
4501.045 of the Revised Code.	11876

Notwithstanding division (A)(3) of section 4501.044 and	11877
division (A)(1) of section 4501.045 of the Revised Code,	11878
commencing July 1, 2014, and extending through June 30, 2015, the	11879
Director of Public Safety shall deposit the money otherwise	11880
deposited and distributed in accordance with those divisions into	11881
the State Highway Safety Fund (Fund 7036) created by section	11882
4501.06 of the Revised Code until such time as the deposits equal	11883
a cumulative total of $34,000,000. At that point, the Director	11884
shall cease depositing any such money into Fund 7036 and shall	11885
deposit and distribute that money as prescribed in division (A)(3)	11886
of section 4501.044 and division (A)(1) of section 4501.045 of the	11887
Revised Code.	11888

Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM	11889
TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	11890

The Director of Budget and Management shall initiate and	11891
process payments from lease rental payment appropriation items	11892
during the period from July 1, 2013, to June 30, 2015, pursuant to	11893
the lease agreements for bonds or notes issued under Section 2i of	11894
Article VIII of the Ohio Constitution and Chapters 152. and 154.	11895
of the Revised Code. Payments shall be made upon certification by	11896
the Treasurer of State of the dates and amounts due on those	11897
dates.	11898

Section 509.20. LEASE AND DEBT SERVICE PAYMENTS

11899

Certain appropriations are in this act for the purpose of	11900
lease rental and other payments under leases and agreements	11901
relating to bonds or notes issued under the Ohio Constitution and	11902
acts of the General Assembly. If it is determined that additional	11903
appropriations are necessary for this purpose, such amounts are	11904
hereby appropriated.	11905

Section 512.10. TRANSFERS OF CASH BETWEEN THE HIGHWAY	11906
OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND	11907

Upon the request of the Director of Transportation, the	11908
Director of Budget and Management may transfer cash from the	11909
Highway Operating Fund (Fund 7002) to the Highway Capital	11910
Improvement Fund (Fund 7042) created in section 5528.53 of the	11911
Revised Code. The Director of Budget and Management may transfer	11912
cash from Fund 7042 to Fund 7002 up to the amount of cash	11913
previously transferred to Fund 7042 under this section.	11914

Section 512.20. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

11915

The Director of Budget and Management shall transfer cash in	11916
equal monthly increments totaling $171,724,944 in fiscal year 2014	11917
and in equal monthly increments totaling $173,884,776 in fiscal	11918
year 2015 from the Highway Operating Fund (Fund 7002), created in	11919
section 5735.291 of the Revised Code, to the Gasoline Excise Tax	11920
Fund (Fund 7060) created in division (A) of section 5735.27 of the	11921
Revised Code. The monthly amounts transferred under this section	11922
shall be distributed as follows: 42.86 per cent shall be	11923
distributed among the municipal corporations within the state	11924
under division (A)(2) of section 5735.27 of the Revised Code;	11925
37.14 per cent shall be distributed among the counties within the	11926
state under division (A)(3) of section 5735.27 of the Revised	11927
Code; and 20 per cent shall be distributed among the townships	11928
within the state under division (A)(5)(b) of section 5735.27 of	11929
the Revised Code.	11930

Section 512.30. DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

11931

On July 1, 2013, and on January 1, 2014, or as soon as	11932
possible thereafter, respectively, the Director of Budget and	11933
Management shall transfer $200,000 in cash, for each period, from	11934
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	11935
General for ODOT Fund (Fund 5FA0).	11936

On July 1, 2014, and on January 1, 2015, or as soon as	11937
possible thereafter, respectively, the Director of Budget and	11938
Management shall transfer $200,000 in cash, for each period, from	11939
the Highway Operating Fund (Fund 7002) to the Deputy Inspector	11940
General for ODOT Fund (Fund 5FA0).	11941

Should additional amounts be necessary, the Inspector	11942
General, with the consent of the Director of Budget and	11943
Management, may seek Controlling Board approval for additional	11944
transfers of cash and to increase the amount appropriated from	11945
appropriation item 965603, Deputy Inspector General for ODOT, in	11946
the amount of the additional transfers.	11947

Section 601.10. That Section 10 of Am. Sub. H.B. 386 of the	11948
129th General Assembly be amended to read as follows:	11949

Sec. 10. ~~The~~To the extent that sufficient cash is available,	11950
within three months after the receipt of moneys into the Casino	11951
Operator Settlement Fund created in section 3772.34 of the Revised	11952
Code, the Director of Budget and Management shall pay one million	11953
dollars ~~by December 31, 2012,~~ to the municipal corporation or	11954
township in which each commercial racetrack is located, including	11955
a municipal corporation or township to which a racetrack is to	11956
relocate as specified in the memorandum of understanding of	11957
February 17, 2012, between the Office of the Governor, State of	11958
Ohio, and Penn National Gaming, Inc., pertaining to racing permit	11959
transfers, but excluding the previous municipal corporation or	11960
township of each moved track and excluding a municipal corporation	11961
or township in a county with a population between 1,100,000 and	11962
1,200,000 in the most recent federal decennial census. ~~The~~	11963
~~Director shall transfer these payments, totaling six million~~	11964
~~dollars, from the Casino Operator Settlement Fund created in~~	11965
~~section 3772.34 of the Revised Code. The Director~~Additionally,	11966
within six months after the first payments made under this	11967
section, the Director of Budget and Management shall pay an	11968
additional one million dollars ~~by June 30, 2013,~~ to each of these	11969
municipal corporations and townships~~, and shall transfer these~~	11970
~~payments, totaling six million dollars, from the Casino Operator~~	11971
~~Settlement Fund. These expenditures are hereby appropriated~~. Each	11972
municipal corporation or township receiving such a payment shall	11973
use at least fifty per cent of the funds received for	11974
infrastructure or capital improvements. If after either of the	11975
payments referenced in this section, a municipal corporation or	11976
township loses a racetrack as a result of the racetrack permit	11977
holder's decision to relocate to another municipal corporation or	11978
township, the municipal corporation or township losing the	11979
racetrack becomes eligible for a payment from the Racetrack	11980
Facility Community Economic Redevelopment Fund provided for in	11981
Sections 7 and 8 of H.B. 386 of the 129th General Assembly. Such a	11982
municipal corporation or township shall not receive more than the	11983
sum of $3 million minus any payments made by the Director of	11984
Budget and Management in accordance with this section. The	11985
Director of Budget and Management is also authorized to establish	11986
any necessary appropriation items in the appropriate funds and	11987
agencies in order to make any payments required under this	11988
section. Any funds in such items are hereby appropriated.	11989

Section 601.11. That existing Section 10 of Am. Sub. H.B. 386	11990
of the 129th General Assembly is hereby repealed.	11991

Section 601.20. That Sections 203.80 and 203.83 of Sub. H.B.	11992
482 of the 129th General Assembly be amended to read as follows:	11993

Sec. 203.80. The items set forth in this section are hereby	11994
appropriated out of any moneys in the state treasury to the credit	11995
of the Ohio Parks and Natural Resources Fund (Fund 7031) that are	11996
not otherwise appropriated.	11997

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	11998

C72549	ODNR Facilities Development	$	500,000	11999
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	250,000	12000
C725E1	NatureWorks Local Park Grants	$	4,790,000	12001
C725E5	Project Planning	$	400,000	12002
C725M0	Dam Rehabilitation - Department	$	~~10,000,000~~ 40,000,000	12003
C725N5	Wastewater/Water Systems Upgrade - Department	$	8,000,000	12004
Total Department of Natural Resources		$	~~23,940,000~~ 53,940,000	12005
TOTAL Ohio Parks and Natural Resources Fund		$	~~23,940,000~~ 53,940,000	12006

Sec. 203.83. The Ohio Public Facilities Commission is hereby	12008
authorized to issue and sell, in accordance with Section 2l of	12009
Article VIII, Ohio Constitution, and Chapter 151. and particularly	12010
sections 151.01 and 151.05 of the Revised Code, original	12011
obligations in an aggregate principal amount not to exceed	12012
$~~23,000,000~~53,000,000 in addition to the original issuance of	12013
obligations heretofore authorized by prior acts of the General	12014
Assembly. These authorized obligations shall be issued, subject to	12015
applicable constitutional and statutory limitations, as needed to	12016
provide sufficient moneys to the credit of the Ohio Parks and	12017
Natural Resources Fund (Fund 7031) to pay costs of capital	12018
facilities as defined in sections 151.01 and 151.05 of the Revised	12019
Code.	12020

Section 601.21. That existing Sections 203.80 and 203.83 of	12021
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	12022

Section 701.20. To the extent permitted by federal law,	12023
federal money received by the state for fiscal stabilization and	12024
recovery purposes shall be used in accordance with the preferences	12025
for products and services made or performed in the United States	12026
and Ohio established in section 125.09 of the Revised Code.	12027

Section 737.10. Notwithstanding any provision of Chapter	12028
3769. of the Revised Code and through December 31, 2013, the State	12029
Racing Commission may issue a temporary permit to conduct live	12030
horse-racing meetings at a location where other permits to conduct	12031
live horse-racing meetings have been issued. Such permits shall be	12032
issued to a permit holder for a period not to aggregate more than	12033
one year from the first date of issuance. The Commission may adopt	12034
rules under Chapter 119. of the Revised Code to effectuate this	12035
section and to establish the procedures and conditions to apply	12036
for a temporary permit under this section.	12037

Section 747.10. On the effective date of the amendments made	12038
to section 4765.02 of the Revised Code by this act, the member of	12039
the renamed State Board of Emergency Medical, Fire, and	12040
Transportation Services who is an administrator of an adult or	12041
pediatric trauma center shall cease to be a member of the Board.	12042
On the effective date of the amendments made to section 4765.02 of	12043
the Revised Code by this act, the member of the renamed State	12044
Board of Emergency Medical, Fire, and Transportation Services who	12045
is a member of the Ohio Ambulance Association shall cease to be a	12046
member of the Board. On the effective date of the amendments made	12047
to section 4765.02 of the Revised Code by this act, the member of	12048
the renamed State Board of Emergency Medical, Fire, and	12049
Transportation Services who is a physician certified by the	12050
American board of surgery, American board of osteopathic surgery,	12051
American osteopathic board of emergency medicine, or American	12052
board of emergency medicine, is chief medical officer of an air	12053
medical agency, and is currently active in providing emergency	12054
medical services shall cease to be a member of the Board. On the	12055
effective date of the amendments made to section 4765.02 of the	12056
Revised Code by this act, of the members of the renamed State	12057
Board of Emergency Medical, Fire, and Transportation Services who	12058
were EMTs, AEMTs, or paramedics and were appointed to the Board in	12059
that capacity, only the members who are designated by the Governor	12060
to continue to be members of the Board shall continue to be so;	12061
the other persons shall cease to be members of the Board. On the	12062
effective date of the amendments made to section 4765.02 of the	12063
Revised Code by this act, the member of the renamed State Board of	12064
Emergency Medical, Fire, and Transportation Services who is a	12065
registered nurse and is in the active practice of emergency	12066
nursing shall cease to be a member of the Board. Not later than	12067
sixty days after the effective date of those amendments, the	12068
Governor shall appoint to the renamed State Board of Emergency	12069
Medical, Fire, and Transportation Services an adult or pediatric	12070
trauma program manager or trauma program director who is involved	12071
in the daily management of a verified trauma center. The Governor	12072
shall appoint this member from among three persons nominated by	12073
the Ohio Nurses Association, three persons nominated by the Ohio	12074
Society of Trauma Nurse Leaders, and three persons nominated by	12075
the Ohio State Council of the Emergency Nurses Association.	12076

On the effective date of the amendments made to section	12077
4765.02 of the Revised Code by this act, all members of the former	12078
State Board of Emergency Medical Services who do not cease to be	12079
members of the renamed State Board of Emergency Medical, Fire, and	12080
Transportation Services by the terms of this act shall continue to	12081
be members of the renamed State Board of Emergency Medical, Fire,	12082
and Transportation Services, and the dates on which the terms of	12083
the continuing members expire shall be the dates on which their	12084
terms as members of the former State Board of Emergency Medical	12085
Services expired. On the effective date of the amendments made to	12086
section 4765.02 of the Revised Code by this act, the following	12087
members of the former Ohio Medical Transportation Board shall	12088
become members of the State Board of Emergency Medical, Fire, and	12089
Transportation Services, and the dates on which those members'	12090
terms on the State Board of Emergency Medical, Fire, and	12091
Transportation Services expire shall be as follows:	12092

The person who owns or operates a private emergency medical	12093
service organization operating in this state, as designated by the	12094
Governor, term ends November 12, 2014;	12095

The person who owns or operates a nonemergency medical	12096
service organization that provides only ambulette services, term	12097
ends November 12, 2014;	12098

The person who is a member of the Ohio Association of	12099
Critical Care Transport and represents air-based services, term	12100
ends November 12, 2015;	12101

The person who is a member of the Ohio Association of	12102
Critical Care Transport and represents a ground-based mobile	12103
intensive care unit organization, term ends November 12, 2015.	12104

All subsequent terms of office for these four positions on	12105
the State Board of Emergency Medical, Fire, and Transportation	12106
Services shall be for three years as provided in section 4765.02	12107
of the Revised Code.	12108

On July 1, 2013, the Medical Transportation Board and all of	12109
its functions are transferred to the Department of Public Safety.	12110
As of such date, the Medical Transportation Board shall operate	12111
under the Department of Public Safety, which shall assume all of	12112
the Board's functions. All assets, liabilities, any capital	12113
spending authority related thereto, and equipment and records,	12114
regardless of form or medium, related to the Medical	12115
Transportation Board's functions are transferred to the Department	12116
of Public Safety on July 1, 2013.	12117

No validation, cure, right, privilege, remedy, obligation, or	12118
liability is lost or impaired by reason of the transfer. All of	12119
the Medical Transportation Board's rules, orders, and	12120
determinations continue in effect as rules, orders, and	12121
determinations of the Department of Public Safety until modified	12122
or rescinded by the Department of Public Safety.	12123

No action or proceeding pending on July 1, 2013, is affected	12124
by the transfer and any action or proceeding pending on July 1,	12125
2013, shall be prosecuted or defended in the name of the	12126
Department of Public Safety or its director. In all such actions	12127
and proceedings, the Department of Public Safety or its director,	12128
upon application to the court, shall be substituted as a party.	12129

On or after July 1, 2013, notwithstanding any provision of	12130
law to the contrary, the Director of Budget and Management shall	12131
take any action with respect to budget changes made necessary by	12132
the transfer. The Director may transfer cash balances between	12133
funds. The Director may cancel encumbrances in 915604, Operating	12134
Expenses, and reestablish encumbrances or parts of encumbrances in	12135
765624, Operating - EMS, as needed in the fiscal year in the	12136
appropriate fund and appropriation item for the same purpose and	12137
to the same vendor. As determined by the Director, encumbrances	12138
reestablished in the fiscal year in a different fund or	12139
appropriation item used by an agency or between agencies are	12140
appropriated. The Director shall reduce each year's appropriation	12141
balances by the amount of the encumbrance canceled in their	12142
respective funds and appropriation item. Any unencumbered or	12143
unallocated appropriation balances from the previous fiscal year	12144
may be transferred to the appropriate appropriation item to be	12145
used for the same purposes, as determined by the Director. Any	12146
such transfers are hereby appropriated.	12147

This section is exempt from the referendum under Ohio	12148
Constitution, Article II, Section 1d and section 1.471 of the	12149
Revised Code and therefore takes effect immediately when this act	12150
becomes law.	12151

Section 755.10. The Director of Transportation may enter into	12152
agreements as provided in this section with the United States or	12153
any department or agency of the United States, including, but not	12154
limited to, the United States Army Corps of Engineers, the United	12155
States Forest Service, the United States Environmental Protection	12156
Agency, and the United States Fish and Wildlife Service. An	12157
agreement entered into pursuant to this section shall be solely	12158
for the purpose of dedicating staff to the expeditious and timely	12159
review of environmentally related documents submitted by the	12160
Director of Transportation, as necessary for the approval of	12161
federal permits. The agreements may include provisions for advance	12162
payment by the Director of Transportation for labor and all other	12163
identifiable costs of the United States or any department or	12164
agency of the United States providing the services, as may be	12165
estimated by the United States, or the department or agency of the	12166
United States. The Director shall submit a request to the	12167
Controlling Board indicating the amount of the agreement, the	12168
services to be performed by the United States or the department or	12169
agency of the United States, and the circumstances giving rise to	12170
the agreement.	12171

Section 755.20. There is hereby created the Joint Legislative	12172
Task Force on Department of Transportation Funding. The Task Force	12173
shall consist of three members of the House Finance and	12174
Appropriations Committee, two of whom shall be appointed by the	12175
Speaker of the House of Representatives and one of whom shall be	12176
appointed by the Minority Leader of the House of Representatives,	12177
and three members of the Senate Transportation Committee, two of	12178
whom shall be appointed by the President of the Senate and one of	12179
whom shall be appointed by the Minority Leader of the Senate.	12180

The Task Force shall examine the funding needs of the Ohio	12181
Department of Transportation. Not later than December 15, 2014,	12182
the Task Force shall issue a report containing its findings and	12183
recommendations to the President of the Senate, the Minority	12184
Leader of the Senate, the Speaker of the House of Representatives,	12185
and the Minority Leader of the House of Representatives. At that	12186
time, the Task Force shall cease to exist.	12187

Section 755.30. On July 1, 2013, and on the first day of the	12188
month for each month thereafter, the Treasurer of State, before	12189
making any of the distributions specified in sections 5735.23,	12190
5735.26, 5735.291, and 5735.30 of the Revised Code, shall deposit	12191
the first two per cent of the amount of motor fuel tax received	12192
for the preceding calendar month to the credit of the Highway	12193
Operating Fund (Fund 7002).	12194

Section 757.10. Notwithstanding Chapter 5735. of the Revised	12195
Code, the following shall apply for the period of July 1, 2013,	12196
through June 30, 2015:	12197

(A) For the discount under section 5735.06 of the Revised	12198
Code, if the monthly report is timely filed and the tax is timely	12199
paid, one per cent of the total number of gallons of motor fuel	12200
received by the motor fuel dealer within the state during the	12201
preceding calendar month, less the total number of gallons	12202
deducted under divisions (B)(1)(a) and (b) of section 5735.06 of	12203
the Revised Code, less one-half of one per cent of the total	12204
number of gallons of motor fuel that were sold to a retail dealer	12205
during the preceding calendar month.	12206

(B) For the semiannual periods ending December 31, 2013, June	12207
30, 2014, December 31, 2014, and June 30, 2015, the refund	12208
provided to retail dealers under section 5735.141 of the Revised	12209
Code shall be one-half of one per cent of the Ohio motor fuel	12210
taxes paid on fuel purchased during those semiannual periods.	12211

Section 757.20. (A) The Department of Taxation shall notify	12212
taxpayers of the requirement to separately identify taxable gross	12213
receipts attributable to motor fuel used for propelling vehicles	12214
on public highways as distinguished from other taxable gross	12215
receipts. The Department shall collect data from taxpayers	12216
affected by the amendments to sections 5751.02, 5751.051, and	12217
5751.20 of the Revised Code to determine which of such taxpayers'	12218
receipts received between December 7, 2012, and June 30, 2013,	12219
were attributable to motor fuel used for propelling vehicles on	12220
public highways.	12221

(B)(1) On or before June 25, 2013, the Tax Commissioner shall	12222
certify to the Director of Budget and Management an estimated	12223
amount of commercial activity tax revenue received between	12224
December 7, 2012, and June 30, 2013, derived from taxable gross	12225
receipts attributable to motor fuel used for propelling vehicles	12226
on public highways. On or before June 30, 2013, the Director shall	12227
transfer the amount so certified from the General Revenue Fund to	12228
the Commercial Activity Tax Motor Fuel Receipts Fund.	12229

(2) Before the Director of Budget and Management completes	12230
the transfer required under division (B)(2) of section 5751.20 of	12231
the Revised Code on or before November 20, 2013, the Commissioner	12232
shall certify a reconciliation of the amount described in division	12233
(B)(1) of this section to the Director based on information the	12234
Commissioner receives from taxpayers affected by the amendment by	12235
this act of sections 5751.02, 5751.051, and 5751.20 of the Revised	12236
Code. The director shall use that certified, reconciled amount to	12237
offset or augment the transfer required to be made by the Director	12238
on or before November 20, 2013.	12239

(C) The Tax Commissioner shall make the first calculation and	12240
payment required under division (B)(2) of section 5751.20 of the	12241
Revised Code, as amended by this act, on or before November 20,	12242
2013, using, for the purpose of that calculation, taxable gross	12243
receipts attributed to motor fuel used for propelling vehicles on	12244
public highways as indicated by returns due by November 10, 2013.	12245

Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO	12246
APPROPRIATIONS	12247

Law contained in the main operating appropriations act of the	12248
130th General Assembly that is generally applicable to the	12249
appropriations made in the main operating appropriations act also	12250
is generally applicable to the appropriations made in this act.	12251

Section 801.20. As used in the uncodified law of this act,	12252
"American Recovery and Reinvestment Act of 2009" means the	12253
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	12254
111-5, 123 Stat. 115.	12255

Section 803.10. The repeal of section 3791.11 of the Revised	12256
Code does not cancel or otherwise terminate a bond that is in	12257
effect on the effective date of the repeal. Such a bond continues	12258
in effect and expires according to its terms. Upon expiration of	12259
the bond, the depositor is not required to renew the bond and any	12260
amount posted shall be returned to the depositor.	12261

Section 806.10. The items of law contained in this act, and	12262
their applications, are severable. If any item of law contained in	12263
this act, or if any application of any item of law contained in	12264
this act, is held invalid, the invalidity does not affect other	12265
items of law contained in this act and their applications that can	12266
be given effect without the invalid item or application.	12267

Section 812.10. Except as otherwise provided in this act,	12268
the amendment, enactment, or repeal by this act of a section of	12269
law is subject to the referendum under Ohio Constitution, Article	12270
II, Section 1c and therefore takes effect on the ninety-first day	12271
after this act is filed with the Secretary of State or, if a later	12272
effective date is specified below, on that date.	12273

Section 812.20. In this section, an "appropriation" includes	12274
another provision of law in this act that relates to the subject	12275
of the appropriation.	12276

An appropriation of money made in this act is not subject to	12277
the referendum insofar as a contemplated expenditure authorized	12278
thereby is wholly to meet a current expense within the meaning of	12279
Ohio Constitution, Article II, Section 1d and section 1.471 of the	12280
Revised Code. To that extent, the appropriation takes effect	12281
immediately when this act becomes law. Conversely, the	12282
appropriation is subject to the referendum insofar as a	12283
contemplated expenditure authorized thereby is wholly or partly	12284
not to meet a current expense within the meaning of Ohio	12285
Constitution, Article II, Section 1d and section 1.471 of the	12286
Revised Code. To that extent, the appropriation takes effect on	12287
the ninety-first day after this act is filed with the Secretary of	12288
State.	12289

Section 812.20.10. The amendment or enactment by this act of	12290
division (A)(3) of section 5751.051 of the Revised Code, division	12291
(J) of section 5751.20 of the Revised Code, and Section 757.20 of	12292
this act is exempt from the referendum under Ohio Constitution,	12293
Article II, Section 1d and section 1.471 of the Revised Code, and	12294
therefore takes effect immediately when this act becomes law.	12295

Section 812.20.20. The amendment by this act of sections	12296
5751.02, 5751.051, except for division (A)(3) of that section, and	12297
5751.20 of the Revised Code, except for division (J) of that	12298
section, take effect on July 1, 2013.	12299

Section 812.30. The amendment by this act of Section 10 of	12300
Am. Sub. H.B. 386 of the 129th General Assembly goes into	12301
immediate effect.	12302

Section 815.10. The General Assembly, applying the principle	12303
stated in division (B) of section 1.52 of the Revised Code that	12304
amendments are to be harmonized if reasonably capable of	12305
simultaneous operation, finds that the following sections,	12306
presented in this act as composites of the sections as amended by	12307
the acts indicated, are the resulting versions of the sections in	12308
effect prior to the effective date of the sections as presented in	12309
this act:	12310

Section 5751.20 of the Revised Code as amended by both Am.	12311
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	12312

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Bill Text: OH HB35 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 35 (Prior Session Legislation)

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