As Passed by the Senate

134th General Assembly

Regular Session Sub. H. B. No. 338

2021-2022

Representative Hoops

Cosponsors: Representatives Baldridge, Brent, Brown, Cross, Crossman, Ghanbari, Hicks-Hudson, Leland, Miller, A., Miller, J., O'Brien, Plummer, Russo, Sheehy, Sobecki, Upchurch, West

Senators Hoagland, Kunze, Antonio, Cirino, Craig, Hottinger, Johnson, Manning, Reineke, Rulli, Schuring, Thomas, Yuko

A BILL

To amend sections 306.37, 4501.025, 4501.13, 4506.06, 4506.09, 4507.112, 4507.24,4508.08, and 5517.011 and to enact sections 306.354 and 5501.441 of the Revised Code and to amend Section 223.15 of S.B. 310 of the 133rd General Assembly as subsequently amended to make changes to the laws related to the Bureau of Motor Vehicles, regional transit authorities, toll violations between states, the financial contracting authority of the Director of Transportation for purposes of the Brent Spence Bridge Project, and to make an appropriation.

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

Section 1. That sections 306.37, 4501.025, 4501.13, 4506.06, 4506.09, 4507.112, 4507.24, 4508.08, and 5517.011 be amended and sections 306.354 and 5501.441 of the Revised Code be enacted to read as follows:

Sec. 306.354. (A) As used in this section, "metropolitan planning organization" has the same meaning as in section 5552.01 of the Revised Code.

(B) This section applies to a regional transit authority the territory of which includes a county having a population of more than one million three hundred thousand.

(C) A regional transit authority to which this section applies may do any of the following:

(1) In addition to the purposes specified in division (J) of section 306.35 of the Revised Code, conduct the activities authorized in that division in furtherance of transit-oriented development activities that enhance, foster, aid, provide, or promote transportation, economic development, housing, recreation, education, governmental operations, culture, or research within the jurisdiction of the regional transit authority;

(2) Use the proceeds of a tax levied under section 5739.023 of the Revised Code for the general construction or maintenance of roads, bridges, greenways, pathways, bikeways, or pedestrian underpasses or overpasses related to the provision of service by the regional transit authority that do not otherwise constitute a transit facility;

(3) Use the proceeds of a tax levied under section 5739.023 of the Revised Code or any other revenue of the regional transit authority for either or both of the following:

(a) Demand responsive transportation or subscription services, right of way improvements, utilities, and communication infrastructure that do not otherwise constitute a transit facility;

(b) Improvements or facilities that do not otherwise constitute a transit facility and for which the regional transit authority has received financing or aid under any federal or state program.

(D) Prior to funding projects described in division (C)(2) of this section, a regional transit authority shall enter into agreements with the applicable counties, municipal corporations, and townships located within the regional transit authority's territorial boundaries to fund such projects.

(1) The regional transit authority shall submit each agreement for approval to the governing board of the applicable designated metropolitan planning organization.

(2) The metropolitan planning organization shall, on at least an annual basis, review and approve or deny any agreement submitted to it by an affirmative vote of its governing board and shall notify the regional transit authority of the approval or denial.

(3) The regional transit authority shall expend funds only as authorized in an approved agreement.

Sec. 306.37. A regional transit authority which proposes to acquire by purchase or otherwise, or proposes to construct, replace, improve, extend, enlarge, maintain, or operate any transit facility, and desires to raise money for any one or more of such purposes or for the purpose of repaying or refunding any outstanding issue of bonds of the regional transit authority or pay any obligation assumed by it or of repaying or refunding any outstanding issue of bonds or notes of any political subdivision issued to acquire, construct, replace, improve, extend, enlarge, or maintain any transit facility acquired by the regional transit authority or repay any advances or loans made to the regional transit authority by any person or political subdivision, may issue revenue bonds therefor which bonds shall not be secured by the general credit of the regional transit authority or by the general credit of the state or any political subdivision.

Such revenue bonds shall have all the qualities of negotiable instruments and shall be secured only by a pledge of and a lien on the revenues of the regional transit authority derived from rentals, fees, rates, charges, the authority's allocation of a tax levied under section 5739.026 of the Revised Code, all or any portion of a tax levied under section 5739.023 of the Revised Code by the authority, or other revenues from any transit facility of the regional transit authority as are designated in said resolution, including but not limited to the transit facility to be acquired, constructed, replaced, improved, extended, enlarged, or maintained with the proceeds of said bond issue, after provision only for the reasonable cost of operating and maintaining the transit facility of the regional transit authority so designated.

Said bonds shall further be secured by the covenant of the regional transit authority to maintain such rentals, fees, rates, charges, or other revenues as will produce revenues sufficient to meet costs of operating and maintaining such transit facility, to meet the interest, principal, and other requirements of such bonds, and to establish and maintain reserves for the foregoing purposes, and may be secured by a mortgage on any real property or interests therein acquired from the proceeds of such revenue bonds. The authority may not repeal, rescind, or reduce any portion of a sales tax levied under section 5739.023 of the Revised Code pledged to the payment of debt charges on such bonds while such bonds remain outstanding, and no portion of the tax pledged to the payment of debt charges on such bonds is subject to repeal or reduction by the electors of the authority or by the authority while such bonds are outstanding.

Sec. 4501.025. (A) As used in this section, "convenience fee" means a fee charged for the benefit of using a service provided electronically, digitally, through online means, or through similar technology.

(B) The registrar of motor vehicles may develop and implement, or may permit a deputy registrar to implement, one or more programs that enhance the convenience and availability of bureau of motor vehicle services using through the use of electronic, digital, online, or other meanssimilar technology. The registrar shall establish the amount of any convenience fee or fees to be paid by the user for using the convenience or service services provided by the program or programs. The convenience fee may cover the cost to the registrar or deputy registrar of providing the service. The registrar shall deposit all convenience fees received by the registrar into the public safety - highway purposes fund created in section 4501.06 of the Revised Code.

(B) (C) The registrar or deputy registrar may accept payment for the services provided by the program or programs offered under this section, including payment of the convenience fee, by a financial transaction device. The registrar or deputy registrar is not required to pay any costs that result from accepting payment by a financial transaction device. The registrar or deputy registrar may charge a person who tenders payment by a financial transaction device any cost incurred from accepting payment by the financial transaction device, but shall not charge any other fee for the person's use of the device.

(C) Any (D)(1) Except as provided in division (D)(2) of this section, any convenience fee or fees established under this section are is in addition to any other fee or tax required or otherwise authorized by law for the services provided by the program or programs and may be itemized separately.

(2) A convenience fee shall not be charged under this section for a bureau of motor vehicles service for which the registrar or a deputy registrar is already authorized to charge a separate convenience fee under any other provision in Title XLV of the Revised Code.

(E) Any convenience fee established by the registrar under this section may be charged by a seller to a buyer in a transaction that is evidenced by a written instrument or contract under section 4517.26 of the Revised Code.

Sec. 4501.13. Six dollars of each registration fee designated for payment to the registrar of motor vehicles in division (A)(1)(b) of section 4503.04 of the Revised Code shall be deposited in the (A) The motorcycle safety and education fund, which is hereby created in the state treasury and, unless otherwise provided by law,. The fund shall consist of the following:

(1) Six dollars of each registration fee designated for payment to the registrar of motor vehicles in division (A)(1)(b) of section 4503.04 of the Revised Code;

(2) The tuition fees collected by the director of public safety under section 4508.08 of the Revised Code for the motorcycle safety and education program;

(3) The fees collected for the initial authorization of a private organization or corporation to offer a nationally recognized motorcycle operator training course or curriculum under section 4508.08 of the Revised Code;

(4) The fees collected for the initial state certification of an instructor of motorcycle operator training course or curriculum under section 4508.08 of the Revised Code;

(5) The fees collected for the two-year program evaluation required under division (C) of section 4508.08 of the Revised Code for a private organization or corporation to continue to offer a nationally recognized motorcycle operator training course or curriculum under that section.

All investment earnings of the motorcycle safety and education fund shall be credited to the fund.

(B) The fund shall be used solely to pay part or all of the costs of conducting the motorcycle safety and education program created by section 4508.08 of the Revised Code.

Sec. 4506.06. (A) The registrar of motor vehicles, upon receiving an application for a commercial driver's license temporary instruction permit, may issue the permit to any person who is at least eighteen years of age and holds a valid driver's license, other than a restricted license, issued under Chapter 4507. of the Revised Code. The registrar shall not issue a commercial driver's license temporary instruction permit for a period exceeding six months. The registrar shall grant only one renewal of such a permit in a two-year period. A commercial driver's license temporary instruction permit is a prerequisite to the initial issuance of a commercial driver's license and the upgrade of a commercial driver's license if the upgrade requires a skills test.

(B) The holder of a commercial driver's license temporary instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle only when the holder has the permit in the holder's actual possession and is accompanied by a person who:

(1) Holds a valid commercial driver's license and all necessary endorsements for the type of vehicle being driven;

(2) Occupies a seat beside the permit holder for the purpose of giving instruction in driving the motor vehicle; and

(3) Has the permit holder under observation and direct supervision.

(C)(C)(1) The director of public safety shall adopt rules, in accordance with Chapter 119. of the Revised Code, authorizing the waiver of the knowledge test that is generally required in order to obtain a commercial driver's license temporary instruction permit. In order to obtain the waiver, an applicant for a commercial driver's license temporary instruction permit shall certify and provide evidence that, during the one-year period immediately preceding the application for the permit, all of the following apply:

(a) As authorized under 49 C.F.R. 383.77, the applicant is or was regularly employed and designated as one of the following:

(i) A motor transport operator - 88M, army;

(ii) A PATRIOT launching station operator - 14T, army;

(iii) A fueler - 92F, army;

(iv) A vehicle operator - 2T1, air force;

(v) A fueler - 2F0, air force;

(vi) A pavement and construction equipment operator - 3E2, air force;

(vii) A motor vehicle operator - 3531, marine corps;

(viii) An equipment operator - E.O., navy.

(b) The applicant has been operating a vehicle representative of the type of commercial motor vehicle that the applicant expects to operate upon separation from the military or operated such a vehicle immediately preceding such separation.

(c) The applicant has not held more than one license simultaneously, excluding any military license.

(d) The applicant has not had any license suspended, revoked, or canceled.

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

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

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

(2) The waiver established under division (C) of this section does not apply to a United States reserve technician.

(D) Whoever violates division (A) or (B) of this section is guilty of a misdemeanor of the first degree.

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

(B) The director may adopt rules, in accordance with Chapter 119. of the Revised Code and applicable requirements of the federal motor carrier safety administration, authorizing the skills test specified in this section to be administered by any person, by an agency of this or another state, or by an agency, department, or instrumentality of local government. Each party authorized under this division to administer the skills test may charge a maximum divisible fee of one hundred fifteen dollars for each skills test given as part of a commercial driver's license examination. The fee shall consist of not more than twenty-seven dollars for the pre-trip inspection portion of the test, not more than twenty-seven dollars for the off-road maneuvering portion of the test, and not more than sixty-one dollars for the on-road portion of the test. Each such party may require an appointment fee in the same manner provided in division (E)(2) of this section, except that the maximum amount such a party may require as an appointment fee is one hundred fifteen dollars. The skills test administered by another party under this division shall be the same as otherwise would be administered by this state. The other party shall enter into an agreement with the director that, without limitation, does all of the following:

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

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

(3) Requires that all examiners of the other party meet the same qualification and training standards as examiners of the department of public safety, including criminal background checks, to the extent necessary to conduct skills tests in the manner required by 49 C.F.R. 383.110 through 383.135. In accordance with federal guidelines, any examiner employed on July 1, 2017, shall have a criminal background check conducted at least once, and any examiner hired after July 1, 2015, shall have a criminal background check conducted after the examiner is initially hired.

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

(5) Unless the other party is a governmental entity, requires the other party to initiate and maintain a bond in an amount determined by the director to sufficiently pay for the retesting of drivers in the event that the other party or its skills test examiners are involved in fraudulent activities related to skills testing;

(6) Requires the other party to use only skills test examiners who have successfully completed a commercial driver's license examiner training course as prescribed by the director, and have been certified by the state as a commercial driver's license skills test examiner qualified to administer skills tests;

(7) Requires the other party to use designated road test routes that have been approved by the director;

(8) Requires the other party to submit a schedule of skills test appointments to the director not later than two business days prior to each skills test;

(9) Requires the other party to maintain copies of the following records at its principal place of business:

(a) The other party's commercial driver's license skills testing program certificate;

(b) Each skills test examiner's certificate of authorization to administer skills tests for the classes and types of commercial motor vehicles listed in the certificate;

(c) Each completed skills test scoring sheet for the current calendar year as well as the prior two calendar years;

(d) A complete list of the test routes that have been approved by the director;

(e) A complete and accurate copy of each examiner's training record.

(10) If the other party also is a driver training school, prohibits its skills test examiners from administering skills tests to applicants that the examiner personally trained;

(11) Requires each skills test examiner to administer a complete skills test to a minimum of thirty-two different individuals per calendar year;

(12) Reserves to this state the right to take prompt and appropriate remedial action against the other party and its skills test examiners if the other party or its skills test examiners fail to comply with standards of this state or federal standards for the testing program or with any other terms of the contract.

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

(D)(1) The director shall adopt rules, in accordance with Chapter 119. of the Revised Code, authorizing waiver of the skills test specified in this section for any applicant for a commercial driver's license who meets all of the following requirements:

(a) As authorized under 49 C.F.R. 383.3(c)383.77, the applicant operates a commercial motor vehicle for military purposes and is one of the following:

(i) Active duty military personnel;

(ii) A member of the military reserves;

(iii) A member of the national guard on active duty, including full-time national guard duty, part-time national guard training, and national guard military technicians;

(iv) Active duty U.S. coast guard personnel.

(b) The applicant certifies that, during the two-year period immediately preceding application for a commercial driver's license, all of the following apply:

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

(ii) The applicant has not had any license suspended, revoked, or canceled.

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

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

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

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

(i) That the applicant is or was regularly employed in a military position requiring operation of a commercial motor vehicle;

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

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

(2) The waiver established under division (D)(1) of this section does not apply to United States reserve technicians.

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

(2) No applicant is eligible to take the skills test until a minimum of fourteen days have elapsed since the initial issuance of a commercial driver's license temporary instruction permit to the applicant. The director may require an applicant for a commercial driver's license who schedules an appointment with the highway patrol or other authorized employee of the department of public safety to take all portions of the skills test and to pay an appointment fee of fifty dollars at the time of scheduling the appointment. If the applicant appears at the time and location specified for the appointment and takes all portions of the skills test during that appointment, the appointment fee serves as the skills test fee. If the applicant schedules an appointment to take all portions of the skills test and fails to appear at the time and location specified for the appointment, the director shall not refund any portion of the appointment fee. If the applicant schedules an appointment to take all portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test, the director shall not refund any portion of the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.

An applicant for a commercial driver's license who schedules an appointment to take one or more, but not all, portions of the skills test is required to pay an appointment fee equal to the costs of each test scheduled, as prescribed in division (E)(1) of this section, when scheduling such an appointment. If the applicant appears at the time and location specified for the appointment and takes all the portions of the skills test during that appointment that the applicant was scheduled to take, the appointment fee serves as the skills test fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and fails to appear at the time and location specified for the appointment, the director shall not refund any portion of the appointment fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test that the applicant was scheduled to take, the director shall not refund any portion of the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.

(3) The department of public safety shall deposit all fees it collects under division (E) of this section in the public safety - highway purposes fund established in section 4501.06 of the Revised Code.

(F)(1) Unless an applicant for a commercial driver's license has successfully completed the training required under 49 C.F.R. 380, subpart F, the applicant is not eligible to do any of the following:

(a) Take the skills test required for initial issuance of a class A or a class B commercial driver's license;

(b) Take the skills test required for initial issuance of a passenger (P) or school bus (S) endorsement on the applicant's commercial driver's license;

(c) Take the knowledge test required for initial issuance of a hazardous materials (H) endorsement on the applicant's commercial driver's license.

Before an applicant takes the applicable skills or knowledge test, the registrar shall electronically verify, through the federal motor carrier safety administration's training provider registry, that an applicant has completed the required training under 49 C.F.R. 380, subpart F.

(2) The training required under 49 C.F.R. 380, subpart F, and under division (F)(1) of this section may be provided by either of the following:

(a) A driver training school pursuant to section 4508.031 of the Revised Code;

(b) An authorized driver training provider listed on the federal motor carrier safety administration's training provider registry.

(G) A person who has successfully completed commercial driver's license training in this state but seeks a commercial driver's license in another state where the person is domiciled may schedule an appointment to take the skills test in this state and shall pay the appropriate appointment fee. Upon the person's completion of the skills test, this state shall electronically transmit the applicant's results to the state where the person is domiciled. If a person who is domiciled in this state takes a skills test in another state, this state shall accept the results of the skills test from the other state. If the person passed the other state's skills test and meets all of the other licensing requirements set forth in this chapter and rules adopted under this chapter, the registrar of motor vehicles or a deputy registrar shall issue a commercial driver's license to that person.

(H) Unless otherwise specified, the director or the director's representative shall conduct the examinations, inspections, audits, and test monitoring set forth in divisions (B)(2),(3), and (4) of this section at least annually. If the other party or any of its skills test examiners fail to comply with state or federal standards for the skills testing program, the director or the director's representative shall take prompt and appropriate remedial action against the party and its skills test examiners. Remedial action may include termination of the agreement or revocation of a skills test examiner's certification.

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

Sec. 4507.112. (A) The director of public safety may authorize a third party to administer the motor vehicle skills test specified in division (A)(2) of section 4507.11 of the Revised Code. The third party shall administer the same skills test as otherwise would be administered by the bureau of motor vehicles.

(B) For purposes of authorizing a third party to administer the motor vehicle skills test, the director and the third party shall enter into an agreement that does all of the following:

(1) Allows the director or the director's representative to conduct random examinations, inspections, and audits of the third party, whether covert or overt, without prior notice;

(2) Requires all examiners of the third party to meet the same qualification and training standards as examiners of the department of public safety;

(3) Requires the third party to use designated road test routes that have been approved by the director;

(4) If the third party also is a driver training school, prohibits a skills test examiner employed by the school from administering a skills test to an applicant that the examiner personally trained;

(5) Establishes appropriate documentation and communication between the third party and the department indicating who has attempted the skills test with the third party and whether the person completed the test successfully;

(6) Reserves to the department the right to take prompt and appropriate remedial action against the third party and its skills test examiners if the third party or its skills test examiners fail to comply with state standards for the testing program or with any other terms of the agreement.

(C)(1) The director may adopt rules in accordance with Chapter 119. of the Revised Code establishing reasonable fees that a third party authorized to administer the motor vehicle skills test under this section may charge for the skills test.

(2) If the director does not adopt the rules authorized under division (C)(1) of this section, a third party may charge a fee to an applicant who attempts the skills test with that third party. However, a third party shall not charge a fee greater than the cost of administering the skills test to that applicant.

Sec. 4507.24. (A) Except as provided in division (C) of this section, the registrar of motor vehicles or a deputy registrar may collect a fee not to exceed the following:

(1) Six dollars and twenty-five cents The amount established under section 4503.038 of the Revised Code plus a two dollar and seventy-five cents vision screening fee for each application for renewal of a driver's license received by the deputy registrarif registrar if the license will expire on the applicant's birthday four years after the date of issuance and the applicant is required to submit to a screening of the applicant's vision under section 4507.12 of the Revised Code;

(2) Twelve dollars and fifty cents Twice the amount established under section 4503.038 of the Revised Code plus a five dollar and fifty cents vision screening fee for each application for renewal of a driver's license received by the deputy registrar if the license will expire on the applicant's birthday eight years after the date of issuance and the applicant is required to submit to a screening of the applicant's vision under section 4507.12 of the Revised Code;

(3) The amount established under section 4503.038 of the Revised Code for each application for a driver's license or a motorized bicycle license, or for renewal of such a license, received by the deputy registrar, when the license will expire on the applicant's birthday four years after the date of issuance and the applicant is not required to submit to a screening of the applicant's vision under section 4507.12 of the Revised Code;

(4) Twice the amount established under section 4503.038 of the Revised Code for each application for a driver's license or motorized bicycle license, or for renewal of such a license, received by the deputy registrar, when the license will expire on the applicant's birthday eight years after the date of issuance and the applicant is not required to submit to a screening of the applicant's vision under section 4507.12 of the Revised Code;

(5) The amount established under section 4503.038 of the Revised Code for each application for a duplicate or replacement driver's license received by the deputy registrar.

(B) The fees prescribed by division (A) of this section shall be in addition to the fee for a temporary instruction permit and examination, a driver's license, a motorized bicycle license, or duplicates thereof. The fees retained by a deputy registrar shall compensate the deputy registrar for the deputy registrar's services, for office and rental expense, and for costs as provided in division (D) of this section, as are necessary for the proper discharge of the deputy registrar's duties under sections 4507.01 to 4507.39 of the Revised Code.

(C) A disabled veteran who submits an application described in this division is not required to pay any of the fees prescribed in division (A) of this section. The disabled veteran still is required to submit with the disabled veteran's application such documentary evidence of disability as the registrar may require by rule.

(D)(1) Out of each fee collected under division (A)(1) of this section, each deputy registrar shall transmit to the registrar, at such time and in such manner as the registrar shall require by rule, one dollar and seventy-five cents plus an amount determined by the registrar.

(2) Out of each fee collected under division (A)(2) of this section, each deputy registrar shall transmit to the registrar, at such time and in such manner as the registrar shall require by rule, three dollars and fifty-cents plus an amount determined by the registrar.

(3) The registrar shall pay all moneys received into the public safety - highway purposes fund created in section 4501.06 of the Revised Code.

(E) The purpose of amending divisions (A)(1) and (2) of this section by H.B. 338 of the 134th General Assembly is to harmonize the requirements of those divisions with the requirements of section 4503.038 of the Revised Code, as amended by Sub. H.B. 166 of the 133rd General Assembly.

Sec. 4508.08. There is hereby created in the department of public safety the motorcycle safety and education program. The director of public safety shall administer the program in accordance with the following guidelines:

(A)(1) The program shall include courses of instruction conducted at vocational schools, community colleges, or other suitable locations, by instructors who have obtained certification in the manner and form prescribed by the director. The courses shall meet standards established in rules adopted by the department in accordance with Chapter 119. of the Revised Code. The courses may include instruction for novice motorcycle operators, instruction in motorist awareness and alcohol and drug awareness, and any other kind of instruction the director considers appropriate. A reasonable tuition fee, as determined by the director, may be charged. All tuition fees collected by the director shall be deposited into the motorcycle safety and education fund created in section 4501.13 of the Revised Code. The director may authorize private organizations or corporations to offer courses without tuition fee restrictions, but such entities are not eligible for reimbursement of expenses or subsidies from the motorcycle safety and education fund created in section 4501.13 of the Revised Code.

(2) The director shall do both of the following:

(a) Authorize private organizations or corporations to offer any nationally recognized motorcycle operator training courses or curriculum and any course established in accordance with division (A)(1) of this section;

(b) Permit an applicant for a motorcycle operator's endorsement or a restricted license that permits only the operation of a motorcycle who has completed any motorcycle operator training course or curriculum as authorized in division (A)(2)(a) of this section successfully within the preceding sixty days to be eligible for the examination waiver as described in division (B)(1) of section 4507.11 of the Revised Code.

(B) In addition to courses of instruction, the program may include provisions for equipment purchases, marketing and promotion, improving motorcycle license testing procedures, and any other provisions the director considers appropriate.

(C) The director shall evaluate the program all programs, including any nationally recognized motorcycle operator training course or curriculum authorized under division (A)(2)(a) of this section, every two years and shall periodically inspect the facilities, equipment, training course, curriculum, and procedures used in the courses of instruction. The director may suspend or revoke the authorization for a private organization or corporation to offer its course under division (A)(2)(a) of this section if the private organization or corporation fails to maintain the curriculum, standards, and any other requirements specified during its initial authorization. The director shall adopt rules in accordance with Chapter 119. of the Revised Code to implement and administer this division.

(D) The director shall appoint at least one training specialist who shall oversee the operation of the program, establish courses of instruction, and supervise instructors. The training specialist shall be a licensed motorcycle operator and shall obtain certification in the manner and form prescribed by the director.

(E) The director may contract with other public agencies or with private organizations or corporations to assist in administering the program.

(F) Notwithstanding any provision of Chapter 102. of the Revised Code, the director, in order to administer the program, may participate in a motorcycle manufacturer's motorcycle loan program.

(G) The director shall contract with an insurance company or companies authorized to do business in this state to purchase a policy or policies of insurance with respect to the establishment or administration, or any other aspect of the operation of the program.

(H) A private organization or corporation that offers any nationally recognized motorcycle operator training course or curriculum is not required to use the end-of-course skills evaluation used by a course established in accordance with division (A) of this section if the evaluation used by the private organization or corporation meets or exceeds the requirements of the evaluation authorized by the director under this section.

(I) An instructor for a nationally recognized motorcycle operator training course or curriculum offered by an authorized private organization or corporation shall obtain certification in the manner and form prescribed by the director under division (A)(1) of this section and in accordance with the rules adopted by the director. However, the director shall not require an instructor for a nationally recognized motorcycle operator training course or curriculum to participate in the state instructor training curriculum if the director determines that both of the following apply:

(1) The instructor has completed the training required by the authorized private organization or corporation and the training meets or exceeds the state instructor training curriculum.

(2) The instructor has met all other state requirements for certification.

(J) The director shall charge the following fees:

(1) Beginning on the effective date of this amendment, a one-time fee of four hundred dollars for the initial authorization of a private organization or corporation to offer a nationally recognized motorcycle operator training course or curriculum in accordance with division (A)(2)(a) of this section;

(2) A one-time fee of fifty dollars for the initial state certification of an instructor of a course authorized under division (A)(2)(a) of this section;

(3) One hundred seventy-five dollars at the time of the two-year program evaluation required under division (C) of this section for a private organization or corporation to continue to offer a nationally recognized motorcycle operator training course or curriculum in accordance with division (A)(2)(a) of this section.

The director shall deposit all fees received under this division into the motorcycle safety and education fund established under section 4501.13 of the Revised Code.

Sec. 5501.441. (A) As used in this section, "private toll transportation facility" means any person, as defined by section 1.59 of the Revised Code, or other business entity engaged in the collecting or charging of tolls on a toll bridge that was previously owned by a municipal corporation.

(B) The governor, or the governor's designee, may enter into agreements with other states that govern the reciprocal enforcement of highway, bridge, and tunnel toll violations. Such agreements shall pertain to any public toll transportation facility and may include any private toll transportation facility located in those other states. The governor, or the governor's designee, shall make such agreements in consultation with the director of public safety.

(C) Any agreement governing enforcement of toll violations made under the authority of division (B) of this section shall provide for all of the following:

(1) That a driver of a motor vehicle that is registered in one state that is a party to the agreement and who is operating in another state that is a party to the agreement receive the same benefits, privileges, and exemptions as are accorded to a driver of a motor vehicle that is registered in that other state;

(2) That refusal of an application for motor vehicle registration or transfer of motor vehicle registration, in accordance with the laws of the state in which the toll violation occurred, is one mechanism by which toll violations shall be enforced pursuant to the agreement;

(3) That provision of notice between the states regarding toll violations and enforcement of those violations be made by electronic means.

Sec. 5517.011. (A) Notwithstanding section 5517.01 of the Revised Code, the director of transportation may establish a program to expedite the sale and construction of special projects by combining the design and construction elements of a highway or bridge project into a single contract. The director shall prepare and distribute a scope of work document upon which the bidders shall base their bids. Except in regard to those requirements relating to providing plans, the director shall award contracts under this section in accordance with Chapter 5525. of the Revised Code.

(B) Notwithstanding any provision of Chapter 5525. of the Revised Code, the director may use a value-based selection process, combining technical qualifications and competitive bidding elements, including consideration for minority or disadvantaged businesses that may include joint ventures, when letting special projects that contain both design and construction elements of a transportation project into a single contract.

(C) The total dollar value of contracts made under this section shall not exceed one billion dollars per fiscal year. The director may provide compensation for preparation of a responsive preliminary design concept to not more than two bidders who, after the successful bidder, submitted the next best bids. The director may establish policies or procedures necessary to determine the amount of compensation to be provided for each project and the method of evaluating the value of the preliminary design concept submitted, but in no instance may the compensation exceed the value of such concept.

(D)(1) Notwithstanding division (C) of this section, the director may award contracts under this section for a bridge project that spans the Ohio river for an amount not to exceed one billion five hundred million dollars. The project may include both of the following:

(a) The replacement, addition, improvement, or rehabilitation of a bridge or a system of bridges over the Ohio river;

(b) The replacement, addition, improvement, or rehabilitation of roadways providing for ingress to and egress from the bridge or system of bridges over the Ohio river within this state and any adjoining state.

(2) If the amount of the contracts entered into under division (D)(1) of this section exceeds one billion five hundred million dollars, the director shall appear before the controlling board to request additional contracting authority beyond the one billion five hundred million dollar threshold. The controlling board may approve the request at its discretion.

(3) The director may provide compensation for preparation of a responsive preliminary design concept under division (D) of this section to not more than three bidders. The director may establish policies or procedures necessary to determine the amount of compensation to be provided for the project and the method of evaluating the value of the preliminary design concept submitted, but in no instance may the compensation exceed the cost to develop such concept.

(4) The authority granted under division (D) of this section is granted for the purposes of any application for available federal funding. Any such federal funding awarded shall be expended only pursuant to appropriations made by the general assembly after the effective date of this amendment.

Section 2. That existing sections 306.37, 4501.025, 4501.13, 4506.06, 4506.09, 4507.112, 4507.24, 4508.08, and 5517.011 of the Revised Code are hereby repealed.

Section 3. That Section 223.15 of S.B. 310 of the 133rd General Assembly (as amended by H.B. 110 of the 134th General Assembly) be amended to read as follows:

Sec. 223.15. The foregoing appropriation item C725E2, Local Parks, Recreation, and Conservation Projects, shall be used to support the projects listed in this section. An amount equal to two per cent of the projects listed may be used by the Department of Natural Resources for the administration of local projects.

Section 4. That existing Section 223.15 of S.B. 310 of the 133rd General Assembly (as amended by H.B. 110 of the 134th General Assembly) is hereby repealed.

Section 5. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2022 and those in the second column are for fiscal year 2023. The operating appropriations made in this act are in addition to any other operating appropriations made for the FY 2022-FY 2023 biennium.

Section 6.

SPECIAL PROJECTS

Of the foregoing appropriation item 725520, Special Projects, $350,000 shall be used to support the Bradfield Community Center. An amount equal to the unexpended, unencumbered portion remaining of appropriation item 725520, Special Projects, at the end of fiscal year 2022 is hereby reappropriated for the same purpose in fiscal year 2023.

Of the foregoing appropriation line item 725520, Special Projects, $15,000 shall be used to support the Lorain Pier Planning Project. An amount equal to the unexpended, unencumbered portion remaining of appropriation item 725520, Special Projects, at the end of fiscal year 2022 is hereby reappropriated for the same purpose in fiscal year 2023.

Section 7.

SECURITY GRANTS

The foregoing appropriation item 763513, Security Grants, shall be used to provide grants to Jewish community organizations for emergency security upgrades. An amount equal to the unexpended, unencumbered balance of the foregoing appropriation item 763513, Security Grants, at the end of fiscal year 2022 is hereby reappropriated for the same purpose in fiscal year 2023.

Section 8.