As Introduced
134th General Assembly
Regular Session H. B. No. 74
2021-2022
Representative Oelslager
A BILL
To amend sections 306.322, 723.54, 2743.51, 2903.06, 2903.08, 2913.71, 2929.41, 3321.141, 4501.01, 4501.21, 4503.10, 4503.103, 4503.182, 4503.19, 4503.191, 4503.21, 4503.29, 4503.51, 4503.513, 4503.573, 4503.581, 4503.591, 4503.593, 4503.65, 4503.67, 4503.68, 4503.69, 4503.771, 4503.78, 4503.791, 4503.83, 4503.871, 4503.873, 4503.874, 4503.875, 4503.876, 4503.877, 4503.878, 4503.879, 4503.88, 4503.892, 4503.901, 4503.902, 4503.903, 4503.904, 4503.905, 4503.906, 4503.907, 4503.908, 4503.909, 4503.951, 4503.952, 4503.953, 4503.954, 4503.955, 4505.01, 4505.06, 4505.09, 4505.11, 4505.19, 4507.02, 4507.06, 4507.12, 4507.21, 4507.213, 4507.50, 4507.51, 4507.53, 4508.02, 4510.036, 4511.043, 4511.181, 4511.195, 4511.202, 4511.204, 4511.454, 4511.46, 4511.75, 4511.751, 4511.991, 4519.10, 4519.59, 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14, 4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18, 4563.20, 4563.21, 5501.47, 5501.48, 5516.01, 5516.02, 5516.05, 5516.06, 5516.061, 5516.11, 5517.02, 5517.021, 5543.20, 5577.02, and 5703.21; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4503.771 (4503.77) and 4503.791 (4503.79); to enact new section 4505.032 and sections 2903.07, 4507.061, 4511.122, 4561.40, and 5577.045; and to repeal sections 4503.511, 4503.512, 4503.77, 4503.772, 4503.79, 4505.032, and 4561.30 of the Revised Code and to repeal Section 513.20 of H.B. 166 of the 133rd General Assembly to make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2021, and ending June 30, 2023, 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 306.322, 723.54, 2743.51, 2903.06, 2903.08, 2913.71, 2929.41, 3321.141, 4501.01, 4501.21, 4503.10, 4503.103, 4503.182, 4503.19, 4503.191, 4503.21, 4503.29, 4503.51, 4503.513, 4503.573, 4503.581, 4503.591, 4503.593, 4503.65, 4503.67, 4503.68, 4503.69, 4503.771, 4503.78, 4503.791, 4503.83, 4503.871, 4503.873, 4503.874, 4503.875, 4503.876, 4503.877, 4503.878, 4503.879, 4503.88, 4503.892, 4503.901, 4503.902, 4503.903, 4503.904, 4503.905, 4503.906, 4503.907, 4503.908, 4503.909, 4503.951, 4503.952, 4503.953, 4503.954, 4503.955, 4505.01, 4505.06, 4505.09, 4505.11, 4505.19, 4507.02, 4507.06, 4507.12, 4507.21, 4507.213, 4507.50, 4507.51, 4507.53, 4508.02, 4510.036, 4511.043, 4511.181, 4511.195, 4511.202, 4511.204, 4511.454, 4511.46, 4511.75, 4511.751, 4511.991, 4519.10, 4519.59, 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14, 4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18, 4563.20, 4563.21, 5501.47, 5501.48, 5516.01, 5516.02, 5516.05, 5516.06, 5516.061, 5516.11, 5517.02, 5517.021, 5543.20, 5577.02, and 5703.21 be amended; sections 4503.771 (4503.77) and 4503.791 (4503.79) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new section 4505.032 and sections 2903.07, 4507.061, 4511.122, 4561.40, and 5577.045 of the Revised Code be enacted to read as follows:
Sec.
306.322. (A)
ForAs
used in this section:
(1) "Political subdivision" means a county, a municipal corporation, or a township.
(2) "Governing body" means a board of county commissioners of a county, a legislative authority of a municipal corporation, or a board of trustees of a township.
(B)
For
any
regional transit authority that levies a property tax and that
includes in its membership political subdivisions that are located in
a county having a population of at least four hundred thousand
according to the most recent federal census, the procedures of this
section apply until
November
5
December
31,
2013
2022,
and are in addition to and an alternative to those established in
sections 306.32
and,
306.321,
and 306.54
of
the Revised Code for joining to the regional transit authority
additional
counties,
municipal corporations, or townshipspolitical
subdivisions.
(B)
(C)
Any
municipal
corporation or township political
subdivision may
adopt a resolution or ordinance proposing to join a regional transit
authority described in division (A)
(B)
of
this section. In its resolution or ordinance, the political
subdivision may propose joining the regional transit authority for a
limited period of three years or without a time limit.
(C)
(D)
The
political subdivision proposing to join the regional transit
authority shall submit a copy of its resolution or ordinance to the
legislative
authority governing
body of
each municipal
corporation and the board of trustees of each township political
subdivision comprising
the regional transit authority. Within thirty days of receiving the
resolution or ordinance for inclusion in the regional transit
authority, the legislative
authority governing
body of
each municipal
corporation and the board of trustees of each township political
subdivision shall
consider the question of whether to include the additional political
subdivision
in the regional transit authority, shall adopt a resolution or
ordinance approving or rejecting the inclusion of the additional
political
subdivision,
and shall present its resolution or ordinance to the board of
trustees of the regional transit authority.
(D)
(E)
If
a majority of the political subdivisions comprising the regional
transit authority approve the inclusion of the additional political
subdivision
under
division (D) of this section,
the board of trustees of the regional transit authority,
not
may
proceed as provided in division (K) of this section or as provided in
divisions (F) to (J) of this section, as applicable.
(F) Not later than the tenth day following the day on which the last ordinance or resolution is presented under division (D) of this section, the board of trustees of the regional transit authority shall notify the political subdivision proposing to join the regional transit authority that it may certify the proposal to the board of elections for the purpose of having the proposal placed on the ballot at the next general election or at a special election conducted on the day of the next primary election that occurs not less than ninety days after the resolution or ordinance is certified to the board of elections.
(E)
(G)
Upon
certification of a proposal to the board of elections pursuant to
division
(F) of this
section, the board of elections shall make the necessary arrangements
for the submission of the question to the electors of the territory
to be included in the regional transit authority qualified to vote on
the question, and the election shall be held, canvassed, and
certified in the same manner as regular elections for the election of
officers of the political
subdivision
proposing to join the regional transit authority, except that, if the
resolution proposed the inclusion without a time limitation the
question appearing on the ballot shall read:
"Shall
the territory within the _________________________ (Name or names of
political subdivisions to be joined) be added to
_________________________ _________ (Name) regional transit
authority?"
and
shall a(n) __________ (here insert type of tax or taxes) at a rate of
taxation not to exceed _____ (here insert maximum tax rate or rates)
be levied for all transit purposes?"
If the resolution proposed the inclusion with a three-year time limitation, the question appearing on the ballot shall read:
"Shall
the territory within the _________________________ (Name or names of
political subdivisions to be joined) be added to
_________________________ _________ (Name) regional transit
authority?"
for
three years and shall a(n) __________ (here insert type of tax or
taxes) at a rate of taxation not to exceed _____ (here insert maximum
tax rate or rates) be levied for all transit purposes for three
years?"
(F)
(H)
If
the question is approved by at least a majority of the electors
voting on the question, the addition of the new territory is
effective six months from the date of the certification of its
passage, and the regional transit authority may extend the levy of
the tax against all the taxable property within the territory that
was added. If the question is approved at a general election or at a
special election occurring prior to the general election but after
the fifteenth day of July, the regional transit authority may amend
its budget and resolution adopted pursuant to section 5705.34 of the
Revised Code, and the levy shall be placed on the current tax list
and duplicate and collected as other taxes are collected from all
taxable property within the territorial boundaries of the regional
transit authority, including the territory within the political
subdivision added as a result of the election. If the budget of the
regional transit authority is amended pursuant to this paragraph, the
county auditor shall prepare and deliver an amended certificate of
estimated resources to reflect the change in anticipated revenues of
the regional transit authority.
(G)
(I)
If
the question is approved by at least a majority of the electors
voting on the question, the board of trustees of the regional transit
authority immediately shall amend the resolution or ordinance
creating the regional transit authority to include the additional
political subdivision.
(H)
(J)
If
the question approved by a majority of the electors voting on the
question added the political
subdivision
for three years, the territory of the additional municipal
corporation or township political
subdivision in
the regional transit authority shall be removed from the territory of
the regional transit authority three years after the date the
territory was added, as determined in the effective date of the
election, and shall no longer be a part of that authority without any
further action by either the political subdivisions that were
included in the authority prior to submitting the question to the
electors or of the political subdivision added to the authority as a
result of the election. The regional transit authority reduced to its
territory as it existed prior to the inclusion of the additional
municipal
corporation or township political
subdivision shall
be entitled to levy and collect any property taxes that it was
authorized to levy and collect prior to the enlargement of its
territory and for which authorization has not expired, as if the
enlargement had not occurred.
(K)(1) If a majority of the political subdivisions comprising the regional transit authority approve the inclusion of the additional political subdivision without a time limit under division (D) of this section, the board of trustees of the regional transit authority may adopt a resolution to submit to the electors of the regional transit authority, as it would be enlarged by the inclusion, the question of including the political subdivision in the regional transit authority, of levying a tax under sections 5739.023 and 5741.022 of the Revised Code throughout the territorial boundaries of the regional transit authority as so enlarged, and of repealing the property tax levied by the regional transit authority under section 306.49 of the Revised Code.
The resolution shall state all of the following:
(a) The date on which the political subdivision is to be included in the regional transit authority;
(b) The rate of the tax to be levied under sections 5739.023 and 5741.022 of the Revised Code, the number of years it is to be levied or that it is to be levied for a continuing period of time, and the date on which it shall first be levied, all as provided under section 5739.023 of the Revised Code;
(c) The last tax year that the property tax is to be levied under section 306.49 of the Revised Code.
(2) Except as otherwise provided in division (K)(5) of this section, the political subdivision shall not be joined to the regional transit authority before the first day sales and use tax is levied by the regional transit authority under sections 5739.023 and 5741.022 of the Revised Code. Sales and use tax shall not be levied under those sections on or before the last day of the last tax year the regional transit authority levies property tax under section 306.49 of the Revised Code.
(3) The board of trustees of the regional transit authority shall certify the resolution to the board of elections for the purpose of having the proposal placed on the ballot at the next general election or at a special election conducted on the day of the next primary election that occurs not less than ninety days after the resolution is certified to the board of elections. The election shall be held, canvassed, and certified, as provided in section 306.70 of the Revised Code, except that the question appearing on the ballot shall read:
"Shall the territory within the _________________ (Name or names of political subdivisions to be joined) be added to _______________ (Name) regional transit authority, shall sales and use tax at a rate not exceeding ________ (Insert tax rate) be levied for all transit purposes throughout the territory of the regional transit authority, and shall the existing property tax levied for transit purposes be repealed?"
(4) If the question is approved, the sales and use tax may be levied and collected as is otherwise provided under sections 5739.023 and 5741.022 of the Revised Code on and after the date stated in the resolution.
(5) The board of trustees shall appropriate from the first moneys received from the sales and use tax in each year the full amount required in order to pay the principal of and interest on any notes of the regional transit authority issued pursuant to section 306.49 of the Revised Code in anticipation of the collection of the property tax. The board of trustees shall not thereafter levy and collect the property tax unless and to the extent that the levy and collection is necessary to pay the principal of and interest on notes issued in anticipation of the property tax in order to avoid impairing the obligation of the contract between the regional transit authority and the note holders. Such property tax shall be levied only in the territory of the authority as it existed before the political subdivision was joined to the authority.
(6) If the question is approved after the fifteenth day of July in any calendar year, the regional transit authority may amend its budget for the current and next fiscal year, and any resolution adopted pursuant to section 5705.34 of the Revised Code, to reflect the imposition of the sales and use tax, and shall amend its budget for the next fiscal year, and any resolution adopted pursuant to section 5705.34 of the Revised Code, to comply with division (K)(5) of this section. If the budget of the regional transit authority is amended pursuant to this division, the county auditor shall prepare and deliver an amended certificate of estimated resources to reflect the change in anticipated revenues of the regional transit authority.
(7) If the question is approved, the board of trustees of the regional transit authority immediately shall amend the resolution or ordinance creating the regional transit authority to include the additional political subdivision.
Sec. 723.54. The legislative authority of a municipality shall designate a municipal official to have responsibility for inspection of all or portions of bridges within such municipality, except for bridges on the state highway system and the county highway system.
This section does not prohibit the municipality from inspecting any bridge within its limits.
Such
inspection shall be made at
least annually by
a professional engineer or other qualified person under the
supervision of a professional engineer
on
a schedule established by the director of transportation, but at
least once every twenty-four months,
or more frequently if required by the legislative authority, in
accordance with the manual of bridge inspection described in section
5501.47 of the Revised Code. The legislative authority may contract
for inspection services.
The municipal official responsible for inspection shall maintain an updated inventory record of all bridges in the municipality and indicate on such inventory record who is responsible for inspection and maintenance, and the authority for such responsibilities.
He
The
official
shall
report the condition of all bridges to the municipal legislative
authority not later than sixty days after his
annual the
official's inspection,
or shall report more frequently if required by the legislative
authority. Any bridge for which the municipality has inspection or
maintenance responsibility which, at any time, is found to be in a
condition that is or may be a potential danger to life or property
shall be identified in reports, and if such official determines that
the condition of such a bridge represents an immediate danger he
the
official
shall
immediately report the condition to the legislative authority. With
respect to those bridges where there exists joint maintenance
responsibility, the municipal official shall furnish a copy of his
the
official's
report
to each party responsible for a share of maintenance.
"Maintenance" as used in this section means actual performance of maintenance work.
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the Revised Code:
(A) "Claimant" means both of the following categories of persons:
(1) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who was one of the following at the time of the criminally injurious conduct:
(i) A resident of the United States;
(ii) A resident of a foreign country the laws of which permit residents of this state to recover compensation as victims of offenses committed in that country.
(b) A dependent of a deceased victim who is described in division (A)(1)(a) of this section;
(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(1)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
(d) A person who is authorized to act on behalf of any person who is described in division (A)(1)(a), (b), or (c) of this section;
(e) The estate of a deceased victim who is described in division (A)(1)(a) of this section.
(2) Any of the following persons who claim an award of reparations under sections 2743.51 to 2743.72 of the Revised Code:
(a) A victim who had a permanent place of residence within this state at the time of the criminally injurious conduct and who, at the time of the criminally injurious conduct, complied with any one of the following:
(i) Had a permanent place of employment in this state;
(ii) Was a member of the regular armed forces of the United States or of the United States coast guard or was a full-time member of the Ohio organized militia or of the United States army reserve, naval reserve, or air force reserve;
(iii) Was retired and receiving social security or any other retirement income;
(iv) Was sixty years of age or older;
(v) Was temporarily in another state for the purpose of receiving medical treatment;
(vi) Was temporarily in another state for the purpose of performing employment-related duties required by an employer located within this state as an express condition of employment or employee benefits;
(vii) Was temporarily in another state for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within this state as an express condition of employment or employee benefits;
(viii) Was a full-time student at an academic institution, college, or university located in another state;
(ix) Had not departed the geographical boundaries of this state for a period exceeding thirty days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.
(b) A dependent of a deceased victim who is described in division (A)(2)(a) of this section;
(c) A third person, other than a collateral source, who legally assumes or voluntarily pays the obligations of a victim, or of a dependent of a victim, who is described in division (A)(2)(a) of this section, which obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim and may include, but are not limited to, medical or burial expenses;
(d) A person who is authorized to act on behalf of any person who is described in division (A)(2)(a), (b), or (c) of this section;
(e) The estate of a deceased victim who is described in division (A)(2)(a) of this section.
(B) "Collateral source" means a source of benefits or advantages for economic loss otherwise reparable that the victim or claimant has received, or that is readily available to the victim or claimant, from any of the following sources:
(1) The offender;
(2) The government of the United States or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 2743.51 to 2743.72 of the Revised Code;
(3) Social security, medicare, and medicaid;
(4) State-required, temporary, nonoccupational disability insurance;
(5) Workers' compensation;
(6) Wage continuation programs of any employer;
(7) Proceeds of a contract of insurance payable to the victim for loss that the victim sustained because of the criminally injurious conduct;
(8) A contract providing prepaid hospital and other health care services, or benefits for disability;
(9) That portion of the proceeds of all contracts of insurance payable to the claimant on account of the death of the victim that exceeds fifty thousand dollars;
(10) Any compensation recovered or recoverable under the laws of another state, district, territory, or foreign country because the victim was the victim of an offense committed in that state, district, territory, or country.
"Collateral source" does not include any money, or the monetary value of any property, that is subject to sections 2969.01 to 2969.06 of the Revised Code or that is received as a benefit from the Ohio public safety officers death benefit fund created by section 742.62 of the Revised Code.
(C) "Criminally injurious conduct" means one of the following:
(1) For the purposes of any person described in division (A)(1) of this section, any conduct that occurs or is attempted in this state; poses a substantial threat of personal injury or death; and is punishable by fine, imprisonment, or death, or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state. Criminally injurious conduct does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause personal injury or death;
(b) The person engaging in the conduct was using the vehicle to flee immediately after committing a felony or an act that would constitute a felony but for the fact that the person engaging in the conduct lacked the capacity to commit the felony under the laws of this state;
(c) The person engaging in the conduct was using the vehicle in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, and the person engaging in the conduct was using the vehicle in a manner that constitutes a violation of section 2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of section 4549.02 or 4549.021 of the Revised Code.
(2) For the purposes of any person described in division (A)(2) of this section, any conduct that occurs or is attempted in another state, district, territory, or foreign country; poses a substantial threat of personal injury or death; and is punishable by fine, imprisonment, or death, or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of the state, district, territory, or foreign country in which the conduct occurred or was attempted. Criminally injurious conduct does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, except when any of the following applies:
(a) The person engaging in the conduct intended to cause personal injury or death;
(b) The person engaging in the conduct was using the vehicle to flee immediately after committing a felony or an act that would constitute a felony but for the fact that the person engaging in the conduct lacked the capacity to commit the felony under the laws of the state, district, territory, or foreign country in which the conduct occurred or was attempted;
(c) The person engaging in the conduct was using the vehicle in a manner that constitutes an OVI violation;
(d) The conduct occurred on or after July 25, 1990, the person engaging in the conduct was using the vehicle in a manner that constitutes a violation of any law of the state, district, territory, or foreign country in which the conduct occurred, and that law is substantially similar to a violation of section 2903.08 of the Revised Code;
(e) The person engaging in the conduct acted in a manner that caused serious physical harm to a person and that constituted a violation of any law of the state, district, territory, or foreign country in which the conduct occurred, and that law is substantially similar to section 4549.02 or 4549.021 of the Revised Code.
(3) For the purposes of any person described in division (A)(1) or (2) of this section, terrorism that occurs within or outside the territorial jurisdiction of the United States.
(D) "Dependent" means an individual wholly or partially dependent upon the victim for care and support, and includes a child of the victim born after the victim's death.
(E) "Economic loss" means economic detriment consisting only of allowable expense, work loss, funeral expense, unemployment benefits loss, replacement services loss, cost of crime scene cleanup, and cost of evidence replacement. If criminally injurious conduct causes death, economic loss includes a dependent's economic loss and a dependent's replacement services loss. Noneconomic detriment is not economic loss; however, economic loss may be caused by pain and suffering or physical impairment.
(F)(1) "Allowable expense" means reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, rehabilitation, rehabilitative occupational training, and other remedial treatment and care and including replacement costs for hearing aids; dentures, retainers, and other dental appliances; canes, walkers, and other mobility tools; and eyeglasses and other corrective lenses. It does not include that portion of a charge for a room in a hospital, clinic, convalescent home, nursing home, or any other institution engaged in providing nursing care and related services in excess of a reasonable and customary charge for semiprivate accommodations, unless accommodations other than semiprivate accommodations are medically required.
(2) An immediate family member of a victim of criminally injurious conduct that consists of a homicide, a sexual assault, domestic violence, or a severe and permanent incapacitating injury resulting in paraplegia or a similar life-altering condition, who requires psychiatric care or counseling as a result of the criminally injurious conduct, may be reimbursed for that care or counseling as an allowable expense through the victim's application. The cumulative allowable expense for care or counseling of that nature shall not exceed two thousand five hundred dollars for each immediate family member of a victim of that type and seven thousand five hundred dollars in the aggregate for all immediate family members of a victim of that type.
(3) A family member of a victim who died as a proximate result of criminally injurious conduct may be reimbursed as an allowable expense through the victim's application for wages lost and travel expenses incurred in order to attend criminal justice proceedings arising from the criminally injurious conduct. The cumulative allowable expense for wages lost and travel expenses incurred by a family member to attend criminal justice proceedings shall not exceed five hundred dollars for each family member of the victim and two thousand dollars in the aggregate for all family members of the victim.
(4)(a) "Allowable expense" includes reasonable expenses and fees necessary to obtain a guardian's bond pursuant to section 2109.04 of the Revised Code when the bond is required to pay an award to a fiduciary on behalf of a minor or other incompetent.
(b) "Allowable expense" includes attorney's fees not exceeding one thousand dollars, at a rate not exceeding one hundred dollars per hour, incurred to successfully obtain a restraining order, custody order, or other order to physically separate a victim from an offender. Attorney's fees for the services described in this division may include an amount for reasonable travel time incurred to attend court hearings, not exceeding three hours' round-trip for each court hearing, assessed at a rate not exceeding thirty dollars per hour.
(G) "Work loss" means loss of income from work that the injured person would have performed if the person had not been injured and expenses reasonably incurred by the person to obtain services in lieu of those the person would have performed for income, reduced by any income from substitute work actually performed by the person, or by income the person would have earned in available appropriate substitute work that the person was capable of performing but unreasonably failed to undertake.
(H) "Replacement services loss" means expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured person would have performed, not for income, but for the benefit of the person's self or family, if the person had not been injured.
(I) "Dependent's economic loss" means loss after a victim's death of contributions of things of economic value to the victim's dependents, not including services they would have received from the victim if the victim had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death. If a minor child of a victim is adopted after the victim's death, the minor child continues after the adoption to incur a dependent's economic loss as a result of the victim's death. If the surviving spouse of a victim remarries, the surviving spouse continues after the remarriage to incur a dependent's economic loss as a result of the victim's death.
(J) "Dependent's replacement services loss" means loss reasonably incurred by dependents after a victim's death in obtaining ordinary and necessary services in lieu of those the victim would have performed for their benefit if the victim had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death and not subtracted in calculating the dependent's economic loss. If a minor child of a victim is adopted after the victim's death, the minor child continues after the adoption to incur a dependent's replacement services loss as a result of the victim's death. If the surviving spouse of a victim remarries, the surviving spouse continues after the remarriage to incur a dependent's replacement services loss as a result of the victim's death.
(K) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment, or other nonpecuniary damage.
(L) "Victim" means a person who suffers personal injury or death as a result of any of the following:
(1) Criminally injurious conduct;
(2) The good faith effort of any person to prevent criminally injurious conduct;
(3) The good faith effort of any person to apprehend a person suspected of engaging in criminally injurious conduct.
(M) "Contributory misconduct" means any conduct of the claimant or of the victim through whom the claimant claims an award of reparations that is unlawful or intentionally tortious and that, without regard to the conduct's proximity in time or space to the criminally injurious conduct, has a causal relationship to the criminally injurious conduct that is the basis of the claim.
(N)(1) "Funeral expense" means any reasonable charges that are not in excess of seven thousand five hundred dollars per funeral and that are incurred for expenses directly related to a victim's funeral, cremation, or burial and any wages lost or travel expenses incurred by a family member of a victim in order to attend the victim's funeral, cremation, or burial.
(2) An award for funeral expenses shall be applied first to expenses directly related to the victim's funeral, cremation, or burial. An award for wages lost or travel expenses incurred by a family member of the victim shall not exceed five hundred dollars for each family member and shall not exceed in the aggregate the difference between seven thousand five hundred dollars and expenses that are reimbursed by the program and that are directly related to the victim's funeral, cremation, or burial.
(O) "Unemployment benefits loss" means a loss of unemployment benefits pursuant to Chapter 4141. of the Revised Code when the loss arises solely from the inability of a victim to meet the able to work, available for suitable work, or the actively seeking suitable work requirements of division (A)(4)(a) of section 4141.29 of the Revised Code.
(P) "OVI violation" means any of the following:
(1) A violation of section 4511.19 of the Revised Code, of any municipal ordinance prohibiting the operation of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or of any municipal ordinance prohibiting the operation of a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(2)
A violation of division (A)(1)
(A)(1)(a),
(b), or (c) of
section 2903.06 of the Revised Code;
(3) A violation of division (A)(2), (3), or (4) of section 2903.06 of the Revised Code or of a municipal ordinance substantially similar to any of those divisions, if the offender was under the influence of alcohol, a drug of abuse, or a combination of them, at the time of the commission of the offense;
(4) For purposes of any person described in division (A)(2) of this section, a violation of any law of the state, district, territory, or foreign country in which the criminally injurious conduct occurred, if that law is substantially similar to a violation described in division (P)(1) or (2) of this section or if that law is substantially similar to a violation described in division (P)(3) of this section and the offender was under the influence of alcohol, a drug of abuse, or a combination of them, at the time of the commission of the offense.
(Q) "Pendency of the claim" for an original reparations application or supplemental reparations application means the period of time from the date the criminally injurious conduct upon which the application is based occurred until the date a final decision, order, or judgment concerning that original reparations application or supplemental reparations application is issued.
(R) "Terrorism" means any activity to which all of the following apply:
(1) The activity involves a violent act or an act that is dangerous to human life.
(2) The act described in division (R)(1) of this section is committed within the territorial jurisdiction of the United States and is a violation of the criminal laws of the United States, this state, or any other state or the act described in division (R)(1) of this section is committed outside the territorial jurisdiction of the United States and would be a violation of the criminal laws of the United States, this state, or any other state if committed within the territorial jurisdiction of the United States.
(3) The activity appears to be intended to do any of the following:
(a) Intimidate or coerce a civilian population;
(b) Influence the policy of any government by intimidation or coercion;
(c) Affect the conduct of any government by assassination or kidnapping.
(4) The activity occurs primarily outside the territorial jurisdiction of the United States or transcends the national boundaries of the United States in terms of the means by which the activity is accomplished, the person or persons that the activity appears intended to intimidate or coerce, or the area or locale in which the perpetrator or perpetrators of the activity operate or seek asylum.
(S) "Transcends the national boundaries of the United States" means occurring outside the territorial jurisdiction of the United States in addition to occurring within the territorial jurisdiction of the United States.
(T) "Cost of crime scene cleanup" means any of the following:
(1) The replacement cost for items of clothing removed from a victim in order to make an assessment of possible physical harm or to treat physical harm;
(2) Reasonable and necessary costs of cleaning the scene and repairing, for the purpose of personal security, property damaged at the scene where the criminally injurious conduct occurred, not to exceed seven hundred fifty dollars in the aggregate per claim.
(U) "Cost of evidence replacement" means costs for replacement of property confiscated for evidentiary purposes related to the criminally injurious conduct, not to exceed seven hundred fifty dollars in the aggregate per claim.
(V) "Provider" means any person who provides a victim or claimant with a product, service, or accommodations that are an allowable expense or a funeral expense.
(W) "Immediate family member" means an individual who resided in the same permanent household as a victim at the time of the criminally injurious conduct and who is related to the victim by affinity or consanguinity.
(X) "Family member" means an individual who is related to a victim by affinity or consanguinity.
Sec. 2903.06. (A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance;
(d) As the proximate result of committing a violation of division (B) of section 4511.204 of the Revised Code or of a substantially equivalent municipal ordinance;
(e) As a proximate result of a violation of an offense listed in division (B) of section 4511.991 of the Revised Code, or a substantially equivalent municipal ordinance, when both of the following apply:
(i) The offender committed the violation while distracted as defined in section 4511.991 of the Revised Code;
(ii) The distracting activity was a contributing factor to the commission of the violation.
(2) In one of the following ways:
(a) Recklessly;
(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section.
(3) In one of the following ways:
(a) Negligently;
(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section.
(4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor.
(B)(1) Whoever violates division (A)(1) or (2) of this section is guilty of aggravated vehicular homicide and shall be punished as provided in divisions (B)(2) and (3) of this section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or (c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree and the court shall impose a mandatory prison term on the offender as described in division (E) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall impose a mandatory prison term on the offender as described in division (E) of this section, if any of the following apply:
(i) At the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.
(ii) The offender previously has been convicted of or pleaded guilty to a violation of this section.
(iii) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.
(c)
Aggravated vehicular homicide committed
in violation of under
division
(A)(1)
(A)(1)(a),
(b), or (c) of
this section is a felony of the first degree, and the court shall
sentence the offender to a mandatory prison term as provided in
section 2929.142 of the Revised Code and described in division (E) of
this section if any of the following apply:
(i) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(ii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(iii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.
(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of this section within the previous ten years.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code within the previous ten years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code within the previous ten years in circumstances in which division (D) of that section applied regarding the violations.
(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the previous ten years.
(viii) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.
(d) In addition to any other sanctions imposed pursuant to division (B)(2)(a), (b), or (c) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall impose upon the offender a class one suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code.
Divisions (A)(1) to (3) of section 4510.54 of the Revised Code apply to a suspension imposed under division (B)(2)(d) of this section.
(3) Except as otherwise provided in this division, aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the third degree. Aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the second degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory prison term on the offender when required by division (E) of this section.
In addition to any other sanctions imposed pursuant to this division for a violation of division (A)(2) of this section, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class one suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of that section.
(C) Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory jail term or a mandatory prison term on the offender when required by division (E) of this section.
In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code, or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section, or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of that section.
(D) Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or a traffic-related murder, felonious assault, or attempted murder offense, a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of that section.
(E)(1)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(1) of
this section. Except as otherwise provided in this division, the
mandatory prison term shall be a definite term from the range of
prison terms provided in division (A)(1)(b) of section 2929.14 of the
Revised Code for a felony of the first degree or from division
(A)(2)(b) of that section for a felony of the second degree,
whichever is applicable, except that if the violation is committed on
or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the first degree in division (A)(1)(a) of section 2929.14
of the Revised Code or one of the terms prescribed for a felony of
the second degree in division (A)(2)(a) of that section, whichever is
applicable. If division (B)(2)(c)(i), (ii), (iii), (iv), (v), (vi),
(vii), or (viii) of this section applies to an offender who is
convicted of or pleads guilty to the violation of division (A)(1) of
this section, the court shall impose the mandatory prison term
pursuant to division (B) of section 2929.142 of the Revised Code. The
court shall impose a mandatory jail term of at least fifteen days on
an offender who is convicted of or pleads guilty to a misdemeanor
violation of division (A)(3)(b) of this section and may impose upon
the offender a longer jail term as authorized pursuant to section
2929.24 of the Revised Code.
(2)
The court shall impose a mandatory prison term on an offender who is
convicted of or pleads guilty to a violation of division (A)(2) or
(3)(a) of this section or a felony violation of division (A)(3)(b) of
this section if either division (E)(2)(a) or (b) of this section
applies. The mandatory prison term shall be a definite term from the
range of prison terms provided in division (A)(3)(a)
(A)(2)(b)
of
section 2929.14 of the Revised Code for a felony of the third
second
degree
or from division (A)(4) of that section for a felony of the fourth
degree, whichever is applicable. However,
if the violation is a felony of the second degree committed on or
after March 22, 2019, the court shall impose as the minimum prison
term for the offense a mandatory prison term that is one of the
minimum terms prescribed for a felony of the second degree in
division (A)(2) (a) of section 2929.14 of the Revised Code. The
court shall impose a mandatory prison term on an offender in a
category described in this division if either of the following
applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.08 of the Revised Code.
(b) At the time of the offense, the offender was driving under suspension or cancellation under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.
(F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.
(G)(1) As used in this section:
(a) "Mandatory prison term" and "mandatory jail term" have the same meanings as in section 2929.01 of the Revised Code.
(b) "Traffic-related homicide, manslaughter, or assault offense" means a violation of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applies, a violation of section 2903.06 or 2903.08 of the Revised Code, or a violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code as they existed prior to March 23, 2000.
(c) "Construction zone" has the same meaning as in section 5501.27 of the Revised Code.
(d) "Reckless operation offense" means a violation of section 4511.20 of the Revised Code or a municipal ordinance substantially equivalent to section 4511.20 of the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted murder offense" means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
(g) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(2) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(H) The offenses established under divisions (A)(1)(d) and (e) of this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
Sec. 2903.07. (A) No person, while operating a motor vehicle, trackless trolley, or streetcar, shall cause physical harm to another or another's unborn, or serious physical harm to property in either of the following ways:
(1) As the proximate result of a violation of an offense listed in division (B) of section 4511.991 of the Revised Code, or a substantially equivalent municipal ordinance, when both of the following apply:
(a) The offender committed the violation while distracted as defined in section 4511.991 of the Revised Code;
(b) The distracting activity was a contributing factor to the violation.
(2) As the proximate result of committing a violation of division (B) of section 4511.204 of the Revised Code or of a substantially equivalent municipal ordinance.
(B) Whoever violates division (A) of this section is guilty of vehicular harm, a misdemeanor of the first degree. In addition to any other authorized penalty, the court shall impose upon the offender all of the following:
(1) Notwithstanding division (A)(2) of section 2929.28 of the Revised Code, a fine not less than five hundred dollars and not more than one thousand dollars;
(2) A class five suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(5) of section 4510.02 of the Revised Code.
(C) The offense established under this section is a strict liability offense and section 2901.20 of the Revised Code does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
Sec. 2903.08. (A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another's unborn in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance;
(d) As the proximate result of committing a violation of division (B) of section 4511.204 of the Revised Code or of a substantially equivalent municipal ordinance;
(e) As a proximate result of a violation of an offense listed in division (B) of section 4511.991 of the Revised Code, or a substantially equivalent municipal ordinance, when both of the following apply:
(i) The offender committed the violation while distracted as defined in section 4511.991 of the Revised Code;
(ii) The distracting activity was a contributing factor to the commission of the violation.
(2) In one of the following ways:
(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;
(b) Recklessly.
(3) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (E) of this section.
(B)(1)
Whoever violates division (A)(1) of this section is guilty of
aggravated vehicular assault. Except as otherwise provided in this
division, aggravated vehicular assault is a felony of the third
degree.
Aggravated
(a) Aggravated vehicular assault is a felony of the second degree if any of the following apply:
(a)
(i)
At
the time of the offense, the offender was driving under a suspension
imposed under Chapter 4510. or any other provision of the Revised
Code.
(b)
(ii)
The
offender previously has been convicted of or pleaded guilty to a
violation of this section.
(c)
(iii)
The
offender previously has been convicted of or pleaded guilty to any
traffic-related homicide, manslaughter, or assault offense.
(d)
The (b)
Aggravated vehicular assault under division (A)(1)(a), (b), or (c) of
this section is a felony of the second degree if any of the following
apply:
(i) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous ten years.
(e)
(ii)
The
offender previously has been convicted of or pleaded guilty to three
or more prior violations of division (A) of section 1547.11 of the
Revised Code or of a substantially equivalent municipal ordinance
within the previous ten years.
(f)
(iii)
The
offender previously has been convicted of or pleaded guilty to three
or more prior violations of division (A)(3) of section 4561.15 of the
Revised Code or of a substantially equivalent municipal ordinance
within the previous ten years.
(g)
(iv)
The
offender previously has been convicted of or pleaded guilty to three
or more prior violations of any combination of the offenses listed in
division (B)(1)(d)(B)(1)(b)(i),
(e)(ii),
or (f)
(iii)
of
this section.
(h)
(v)
The
offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of division (A) of section
4511.19 of the Revised Code.
(2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, except as otherwise provided in this division, the court shall impose upon the offender a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code. If the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court shall impose either a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of that section or a class one suspension as specified in division (A)(1) of that section.
(C)(1) Whoever violates division (A)(2) or (3) of this section is guilty of vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section.
(2) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(2) of this section is a felony of the fourth degree. Vehicular assault committed in violation of division (A)(2) of this section is a felony of the third degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code.
In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section.
(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.
In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code.
(D)(1) The court shall impose a mandatory prison term, as described in division (D)(4) of this section, on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section.
(2) The court shall impose a mandatory prison term, as described in division (D)(4) of this section, on an offender who is convicted of or pleads guilty to a violation of division (A)(2) of this section or a felony violation of division (A)(3) of this section if either of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.06 of the Revised Code.
(b) At the time of the offense, the offender was driving under suspension under Chapter 4510. or any other provision of the Revised Code.
(3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code.
(4)
A mandatory prison term required under division (D)(1) or (2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(2)(b) of section 2929.14 of the Revised Code
for a felony of the second degree, from division (A)(3)(a) of that
section for a felony of the third degree, or from division (A)(4) of
that section for a felony of the fourth degree, whichever is
applicable, except that if the violation is a felony of the second
degree committed on or after
the
effective date of this amendment
March
22, 2019,
the court shall impose as the minimum prison term for the offense a
mandatory prison term that is one of the minimum terms prescribed for
a felony of the second degree in division (A)(2)(a) of section
2929.14 of the Revised Code.
(E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.
(F) As used in this section:
(1) "Mandatory prison term" and "mandatory jail term" have the same meanings as in section 2929.01 of the Revised Code.
(2) "Traffic-related homicide, manslaughter, or assault offense" and "traffic-related murder, felonious assault, or attempted murder offense" have the same meanings as in section 2903.06 of the Revised Code.
(3) "Construction zone" has the same meaning as in section 5501.27 of the Revised Code.
(4) "Reckless operation offense" and "speeding offense" have the same meanings as in section 2903.06 of the Revised Code.
(G) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.
(H) The offenses established under division (A)(1)(d) and (e) of this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
Sec. 2913.71. Regardless of the value of the property involved and regardless of whether the offender previously has been convicted of a theft offense, a violation of section 2913.02 or 2913.51 of the Revised Code is a felony of the fifth degree if the property involved is any of the following:
(A) A credit card;
(B) A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
(C)
A motor vehicle identification license plate as prescribed by section
4503.22 of the Revised Code, a temporary
motor
vehicle
license
placard
or windshield sticker registration
as
prescribed by section 4503.182 of the Revised Code, or any comparable
license
plate, placard, or sticker temporary
motor vehicle license registration as
prescribed by the applicable law of another state or the United
States;
(D) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle, as prescribed by section 4505.07 of the Revised Code;
(E) A blank form for any license listed in section 4507.01 of the Revised Code.
Sec. 2929.41. (A) Except as provided in division (B) of this section, division (C) of section 2929.14, or division (D) or (E) of section 2971.03 of the Revised Code, a prison term, jail term, or sentence of imprisonment shall be served concurrently with any other prison term, jail term, or sentence of imprisonment imposed by a court of this state, another state, or the United States. Except as provided in division (B)(3) of this section, a jail term or sentence of imprisonment for misdemeanor shall be served concurrently with a prison term or sentence of imprisonment for felony served in a state or federal correctional institution.
(B)(1) A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of section 2907.322, 2921.34, or 2923.131 of the Revised Code.
When consecutive sentences are imposed for misdemeanor under this division, the term to be served is the aggregate of the consecutive terms imposed, except that the aggregate term to be served shall not exceed eighteen months.
(2) If a court of this state imposes a prison term upon the offender for the commission of a felony and a court of another state or the United States also has imposed a prison term upon the offender for the commission of a felony, the court of this state may order that the offender serve the prison term it imposes consecutively to any prison term imposed upon the offender by the court of another state or the United States.
(3)
A jail term or sentence of imprisonment imposed for a misdemeanor
violation of section 4510.11, 4510.14, 4510.16, 4510.21, or 4511.19
of the Revised Code shall be served consecutively to a prison term
that is imposed for a felony violation of section 2903.06, 2903.07,
2903.08,
or 4511.19 of the Revised Code or a felony violation of section
2903.04 of the Revised Code involving the operation of a motor
vehicle by the offender and that is served in a state correctional
institution when the trial court specifies that it is to be served
consecutively.
When consecutive jail terms or sentences of imprisonment and prison terms are imposed for one or more misdemeanors and one or more felonies under this division, the term to be served is the aggregate of the consecutive terms imposed, and the offender shall serve all terms imposed for a felony before serving any term imposed for a misdemeanor.
Sec. 3321.141. (A)(1) Within one hundred twenty minutes after the beginning of each school day, the attendance officer, attendance officer's assistant for each individual school building, or other person the attendance officer designates to take attendance for each school building shall make at least one attempt to contact, in accordance with division (A)(2) of this section, the parent, guardian, or other person having care of any student who was absent without legitimate excuse from the school the student is required to attend as of the beginning of that school day.
(2) An attempt to contact a student's parent, guardian, or other person having care of the student shall be made through one of the following methods:
(a) A telephone call placed in person;
(b) An automated telephone call via a system that includes verification that each call was actually placed, and either the call was answered by its intended recipient or a voice mail message was left by the automated system relaying the required information;
(c) A notification sent through the school's automated student information system;
(d)
A text-based communication sent to the parent's, guardian's, or other
person's electronic wireless communications device, as defined in
division (G)(1)
(A)
of
section 4511.204 of the Revised Code;
(e) A notification sent to the electronic mail address of the parent, guardian, or other person;
(f) A visit, in person, to the student's residence of record;
(g) Any other notification procedure that has been adopted by resolution of the board of education of a school district.
(B) If the parent, guardian, or other person having care of a student initiates a telephone call or other communication notifying the school or building administration of the student's excused or unexcused absence within one hundred twenty minutes after the beginning of the school day, the school is under no further obligation with respect to the requirement prescribed in division (A) of this section.
(C) A school district, or any officer, director, employee, or member of the school district board of education is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from an employee's action or inaction in good faith compliance with this section. This section does not eliminate, limit, or reduce any other immunity or defense that a person may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
(D) This section does not apply to either of the following:
(1) Students who are in home-based, online, or internet- or computer-based instruction;
(2) Instances where a student was not expected to be in attendance at a particular school building due to that student's participation in off-campus activities, including but not limited to participation in the college credit plus program established under Chapter 3365. of the Revised Code.
Sec. 4501.01. As used in this chapter and Chapters 4503., 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the Revised Code, and in the penal laws, except as otherwise provided:
(A) "Vehicles" means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, low-speed micromobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in division (VV) of this section, under-speed vehicles as defined in division (XX) of this section, mini-trucks as defined in division (BBB) of this section, motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any self-propelling vehicle that is designed or used for drawing other vehicles or wheeled machinery, but has no provisions for carrying loads independently of such other vehicles, and that is used principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C) of this section, means any motor vehicle that has motive power and either is designed or used for drawing other motor vehicles, or is designed or used for drawing another motor vehicle while carrying a portion of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and used for carrying not more than nine persons and includes any motor vehicle that is designed and used for carrying not more than fifteen persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of one hundred dollars or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation. "Licensed collector's vehicle" means a collector's vehicle, other than an agricultural tractor or traction engine, that displays current, valid license tags issued under section 4503.45 of the Revised Code, or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle that is over twenty-five years old and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle, including a farm truck as defined in section 4503.04 of the Revised Code, that is designed by the manufacturer to carry a load of no more than one ton and is used exclusively for purposes other than engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power and is designed and used for carrying more than nine passengers, except any motor vehicle that is designed and used for carrying not more than fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" or "truck" means any motor vehicle that has motor power and is designed and used for carrying merchandise or freight, or that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which a person may ride, and that has two or more wheels, any of which is more than fourteen inches in diameter.
(L) "Motorized bicycle" or "moped" means any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface. "Motorized bicycle" or "moped" does not include an electric bicycle.
(M) "Trailer" means any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five miles per hour, and a vehicle that is designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour. "Trailer" does not include a manufactured home or travel trailer.
(N) "Noncommercial trailer" means any trailer, except a travel trailer or trailer that is used to transport a boat as described in division (B) of this section, but, where applicable, includes a vehicle that is used to transport a boat as described in division (M) of this section, that has a gross weight of no more than ten thousand pounds, and that is used exclusively for purposes other than engaging in business for a profit, such as the transportation of personal items for personal or recreational purposes.
(O) "Mobile home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type that does not have motive power and is so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by the other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this division, and includes, for the purpose only of registration and taxation under those chapters, any vehicle of the dolly type, such as a trailer dolly, that is designed or used for the conversion of a semitrailer into a trailer.
(Q) "Recreational vehicle" means a vehicular portable structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational travel.
(2) It is not used for the purpose of engaging in business for profit.
(3) It is not used for the purpose of engaging in intrastate commerce.
(4) It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended.
(5) It is not regulated by the public utilities commission pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a) "Travel trailer" or "house vehicle" means a nonself-propelled recreational vehicle that does not exceed an overall length of forty feet, exclusive of bumper and tongue or coupling. "Travel trailer" includes a tent-type fold-out camping trailer as defined in section 4517.01 of the Revised Code.
(b) "Motor home" means a self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(c) "Truck camper" means a nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
(d) "Fifth wheel trailer" means a vehicle that is of such size and weight as to be movable without a special highway permit, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(e) "Park trailer" means a vehicle that is commonly known as a park model recreational vehicle, meets the American national standard institute standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of four hundred square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic material that are not dependent upon confined air for support of the load.
(T) "Solid tire vehicle" means any vehicle that is equipped with two or more solid tires.
(U) "Farm machinery" means all machines and tools that are used in the production, harvesting, and care of farm products, and includes trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm, agricultural tractors, threshing machinery, hay-baling machinery, corn shellers, hammermills, and machinery used in the production of horticultural, agricultural, and vegetable products.
(V) "Owner" includes any person or firm, other than a manufacturer or dealer, that has title to a motor vehicle, except that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons and firms that are regularly engaged in the business of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles, at an established place of business that is used exclusively for the purpose of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles. A place of business that is used for manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles shall be deemed to be used exclusively for those purposes even though snowmobiles or all-purpose vehicles are sold or displayed for sale thereat, even though farm machinery is sold or displayed for sale thereat, or even though repair, accessory, gasoline and oil, storage, parts, service, or paint departments are maintained thereat, or, in any county having a population of less than seventy-five thousand at the last federal census, even though a department in a place of business is used to dismantle, salvage, or rebuild motor vehicles by means of used parts, if such departments are operated for the purpose of furthering and assisting in the business of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles. Places of business or departments in a place of business used to dismantle, salvage, or rebuild motor vehicles by means of using used parts are not considered as being maintained for the purpose of assisting or furthering the manufacturing, selling, displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor vehicle, other than a taxicab, as an employee for hire; or any operator whether or not the owner of a motor vehicle, other than a taxicab, who operates such vehicle for transporting, for gain, compensation, or profit, either persons or property owned by another. Any operator of a motor vehicle who is voluntarily involved in a ridesharing arrangement is not considered an employee for hire or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's original serial number that is affixed to or imprinted upon the chassis or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original number that is affixed to or imprinted upon the engine or motor of the vehicle.
(DD) "Distributor" means any person who is authorized by a motor vehicle manufacturer to distribute new motor vehicles to licensed motor vehicle dealers at an established place of business that is used exclusively for the purpose of distributing new motor vehicles to licensed motor vehicle dealers, except when the distributor also is a new motor vehicle dealer, in which case the distributor may distribute at the location of the distributor's licensed dealership.
(EE) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver and includes ridesharing arrangements known as carpools, vanpools, and buspools.
(FF) "Apportionable vehicle" means any vehicle that is used or intended for use in two or more international registration plan member jurisdictions that allocate or proportionally register vehicles, that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational vehicles, vehicles displaying restricted plates, city pick-up and delivery vehicles, or vehicles owned and operated by the United States, this state, or any political subdivisions thereof.
(GG) "Chartered party" means a group of persons who contract as a group to acquire the exclusive use of a passenger-carrying motor vehicle at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the United States department of transportation, for the purpose of group travel to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.
(HH) "International registration plan" means a reciprocal agreement of member jurisdictions that is endorsed by the American association of motor vehicle administrators, and that promotes and encourages the fullest possible use of the highway system by authorizing apportioned registration of fleets of vehicles and recognizing registration of vehicles apportioned in member jurisdictions.
(II) "Restricted plate" means a license plate that has a restriction of time, geographic area, mileage, or commodity, and includes license plates issued to farm trucks under division (J) of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial car, trailer, semitrailer, or bus that is taxed at the rates established under section 4503.042 or 4503.65 of the Revised Code, means the unladen weight of the vehicle fully equipped plus the maximum weight of the load to be carried on the vehicle.
(KK) "Combined gross vehicle weight" with regard to any combination of a commercial car, trailer, and semitrailer, that is taxed at the rates established under section 4503.042 or 4503.65 of the Revised Code, means the total unladen weight of the combination of vehicles fully equipped plus the maximum weight of the load to be carried on that combination of vehicles.
(LL) "Chauffeured limousine" means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. "Prearranged contract" means an agreement, made in advance of boarding, to provide transportation from a specific location in a chauffeured limousine. "Chauffeured limousine" does not include any vehicle that is used exclusively in the business of funeral directing.
(MM) "Manufactured home" has the same meaning as in division (C)(4) of section 3781.06 of the Revised Code.
(NN) "Acquired situs," with respect to a manufactured home or a mobile home, means to become located in this state by the placement of the home on real property, but does not include the placement of a manufactured home or a mobile home in the inventory of a new motor vehicle dealer or the inventory of a manufacturer, remanufacturer, or distributor of manufactured or mobile homes.
(OO) "Electronic" includes electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies.
(PP) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
(QQ) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record.
(RR) "Financial transaction device" has the same meaning as in division (A) of section 113.40 of the Revised Code.
(SS) "Electronic motor vehicle dealer" means a motor vehicle dealer licensed under Chapter 4517. of the Revised Code whom the registrar of motor vehicles determines meets the criteria designated in section 4503.035 of the Revised Code for electronic motor vehicle dealers and designates as an electronic motor vehicle dealer under that section.
(TT) "Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device that is designed to transport only one person, has an electric propulsion system of an average of seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one hundred seventy pounds has a maximum speed of less than twenty miles per hour.
(UU) "Limited driving privileges" means the privilege to operate a motor vehicle that a court grants under section 4510.021 of the Revised Code to a person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities.
(WW) "Low-speed vehicle" means a three- or four-wheeled motor vehicle with an attainable speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour and with a gross vehicle weight rating less than three thousand pounds.
(XX) "Under-speed vehicle" means a three- or four-wheeled vehicle, including a vehicle commonly known as a golf cart, with an attainable speed on a paved level surface of not more than twenty miles per hour and with a gross vehicle weight rating less than three thousand pounds.
(YY) "Motor-driven cycle or motor scooter" means any vehicle designed to travel on not more than three wheels in contact with the ground, with a seat for the driver and floor pad for the driver's feet, and is equipped with a motor with a piston displacement between fifty and one hundred cubic centimeters piston displacement that produces not more than five brake horsepower and is capable of propelling the vehicle at a speed greater than twenty miles per hour on a level surface.
(ZZ) "Motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the operator, designed to travel on not more than three wheels in contact with the ground, and having no occupant compartment top or occupant compartment top that can be installed or removed by the user.
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the operator, designed to travel on not more than three wheels in contact with the ground, and having an occupant compartment top or an occupant compartment top that is installed.
(BBB) "Mini-truck" means a vehicle that has four wheels, is propelled by an electric motor with a rated power of seven thousand five hundred watts or less or an internal combustion engine with a piston displacement capacity of six hundred sixty cubic centimeters or less, has a total dry weight of nine hundred to two thousand two hundred pounds, contains an enclosed cabin and a seat for the vehicle operator, resembles a pickup truck or van with a cargo area or bed located at the rear of the vehicle, and was not originally manufactured to meet federal motor vehicle safety standards.
(CCC) "Autocycle" means a three-wheeled motorcycle that is manufactured to comply with federal safety requirements for motorcycles and that is equipped with safety belts, a steering wheel, and seating that does not require the operator to straddle or sit astride to ride the motorcycle.
(DDD) "Plug-in electric motor vehicle" means a passenger car powered wholly or in part by a battery cell energy system that can be recharged via an external source of electricity.
(EEE) "Hybrid motor vehicle" means a passenger car powered by an internal propulsion system consisting of both of the following:
(1) A combustion engine;
(2) A battery cell energy system that cannot be recharged via an external source of electricity but can be recharged by other vehicle mechanisms that capture and store electric energy.
(FFF) "Low-speed micromobility device" means a device weighing less than one hundred pounds that has handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved level surface of not more than twenty miles per hour when propelled by the electric motor.
(GGG) "Specialty license plate" means a license plate, authorized by the general assembly, that displays a combination of words, markings, logos, or other graphic artwork that is in addition to the words, images, and distinctive numbers and letters required by section 4503.22 of the Revised Code.
Sec.
4501.21. (A)
There is hereby created in the state treasury the license plate
contribution fund. The fund shall consist of all contributions for
specialty license plates paid
by motor vehicle registrants and collected by the registrar of motor
vehicles pursuant to the
Revised Code sections
4503.491,
4503.492, 4503.493, 4503.494, 4503.495, 4503.496, 4503.497, 4503.498,
4503.499, 4503.4910, 4503.4911, 4503.50, 4503.501, 4503.502,
4503.505, 4503.506, 4503.508, 4503.509, 4503.51, 4503.514, 4503.521,
4503.522, 4503.523, 4503.524, 4503.525, 4503.526, 4503.528, 4503.529,
4503.531, 4503.534, 4503.545, 4503.55, 4503.551, 4503.552, 4503.553,
4503.554, 4503.555, 4503.556, 4503.557, 4503.561, 4503.562, 4503.564,
4503.565, 4503.566, 4503.567, 4503.576, 4503.577, 4503.579, 4503.581,
4503.591, 4503.592, 4503.594, 4503.595, 4503.596, 4503.67, 4503.68,
4503.69, 4503.70, 4503.701, 4503.702, 4503.71, 4503.711, 4503.712,
4503.713, 4503.714, 4503.715, 4503.716, 4503.72, 4503.722, 4503.724,
4503.725, 4503.73, 4503.732, 4503.733, 4503.734, 4503.74, 4503.75,
4503.751, 4503.752, 4503.754, 4503.763, 4503.764, 4503.765, 4503.767,
4503.85, 4503.86, 4503.87, 4503.871, 4503.872, 4503.873, 4503.874,
4503.875, 4503.876, 4503.877, 4503.878, 4503.879, 4503.88, 4503.881,
4503.882, 4503.883, 4503.884, 4503.89, 4503.891, 4503.892, 4503.893,
4503.899, 4503.90, 4503.901, 4503.902, 4503.903, 4503.904, 4503.905,
4503.906, 4503.907, 4503.908, 4503.909, 4503.92, 4503.931, 4503.932,
4503.94, 4503.941, 4503.942, 4503.944, 4503.945, 4503.951, 4503.952,
4503.953, 4503.954, 4503.955, 4503.956, 4503.957, 4503.958, 4503.961,
4503.962, 4503.963, 4503.97, and 4503.98 of the Revised
Codereferenced
in division (B) of this section.
(B) The registrar shall pay the contributions the registrar collects in the fund as follows:
The registrar shall pay the contributions received pursuant to section 4503.491 of the Revised Code to the breast cancer fund of Ohio, which shall use that money only to pay for programs that provide assistance and education to Ohio breast cancer patients and that improve access for such patients to quality health care and clinical trials and shall not use any of the money for abortion information, counseling, services, or other abortion-related activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.492 of the Revised Code to the organization cancer support community central Ohio, which shall deposit the money into the Sheryl L. Kraner Fund of that organization. Cancer support community central Ohio shall expend the money it receives pursuant to this division only in the same manner and for the same purposes as that organization expends other money in that fund.
The registrar shall pay the contributions received pursuant to section 4503.493 of the Revised Code to the autism society of Ohio, which shall use the contributions for programs and autism awareness efforts throughout the state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.494 of the Revised Code to the national multiple sclerosis society for distribution in equal amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley chapters of the national multiple sclerosis society. These chapters shall use the money they receive under this section to assist in paying the expenses they incur in providing services directly to their clients.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.495 of the Revised Code to the national pancreatic cancer foundation, which shall use the money it receives under this section to assist those who suffer with pancreatic cancer and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.496 of the Revised Code to the Ohio sickle cell and health association, which shall use the contributions to help support educational, clinical, and social support services for adults who have sickle cell disease.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.497 of the Revised Code to the St. Baldrick's foundation, which shall use the contributions for its research and other programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.498 of the Revised Code to special olympics Ohio, inc., which shall use the contributions for its programs, charitable efforts, and other activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.499 of the Revised Code to the children's glioma cancer foundation, which shall use the contributions for its research and other programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.4910 of the Revised Code to the KylerStrong foundation, which shall use the contributions to raise awareness of brain cancer caused by diffuse intrinsic pontine glioma and to fund research for the cure of such cancer.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.4911 of the Revised Code to the research institution for childhood cancer at nationwide children's hospital, which shall use the contributions to fund research for the cure of childhood cancers.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.50 of the Revised Code to the future farmers of America foundation, which shall deposit the contributions into its general account to be used for educational and scholarship purposes of the future farmers of America foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.501 of the Revised Code to the 4-H youth development program of the Ohio state university extension program, which shall use those contributions to pay the expenses it incurs in conducting its educational activities.
The registrar shall pay the contributions received pursuant to section 4503.502 of the Revised Code to the Ohio cattlemen's foundation, which shall use those contributions for scholarships and other educational activities.
The registrar shall pay the contributions received pursuant to section 4503.505 of the Revised Code to the organization Ohio region phi theta kappa, which shall use those contributions for scholarships for students who are members of that organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.506 of the Revised Code to Ohio demolay, which shall use the contributions for scholarships, educational programs, and any other programs or events the organization holds or sponsors in this state.
The registrar shall pay the contributions received pursuant to section 4503.508 of the Revised Code to the organization bottoms up diaper drive to provide funding for that organization for collecting and delivering diapers to parents in need.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.509 of the Revised Code to a kid again, incorporated for distribution in equal amounts to the Ohio chapters of a kid again.
The registrar shall pay each contribution the registrar receives pursuant to section 4503.51 of the Revised Code to the university or college whose name or marking or design appears on collegiate license plates that are issued to a person under that section. A university or college that receives contributions from the fund shall deposit the contributions into its general scholarship fund.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.514 of the Revised Code to the university of Notre Dame in South Bend, Indiana, for purposes of awarding grants or scholarships to residents of Ohio who attend the university. The university shall not use any of the funds it receives for purposes of administering the scholarship program. The registrar shall enter into appropriate agreements with the university of Notre Dame to effectuate the distribution of such funds as provided in this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.521 of the Revised Code to the Ohio bicycle federation to assist that organization in paying for the educational programs it sponsors in support of Ohio cyclists of all ages.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.522 of the Revised Code to the "friends of Perry's victory and international peace memorial, incorporated," a nonprofit corporation organized under the laws of this state, to assist that organization in paying the expenses it incurs in sponsoring or holding charitable, educational, and cultural events at the monument.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.523 of the Revised Code to the fairport lights foundation, which shall use the money to pay for the restoration, maintenance, and preservation of the lighthouses of fairport harbor.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.524 of the Revised Code to the Massillon tiger football booster club, which shall use the contributions only to promote and support the football team of Washington high school of the Massillon city school district.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.525 of the Revised Code to the United States power squadron districts seven, eleven, twenty-four, and twenty-nine in equal amounts. Each power squadron district shall use the money it receives under this section to pay for the educational boating programs each district holds or sponsors within this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.526 of the Revised Code to the Ohio district Kiwanis foundation of the Ohio district of Kiwanis international, which shall use the money it receives under this section to pay the costs of its educational and humanitarian activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.528 of the Revised Code to the Ohio children's alliance, which shall use the money it receives under this section to pay the expenses it incurs in advancing its mission of sustainably improving the provision of services to children, young adults, and families in this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.529 of the Revised Code to the Ohio nurses foundation. The foundation shall use the money it receives under this section to provide educational scholarships to assist individuals who aspire to join the nursing profession, to assist nurses in the nursing profession who seek to advance their education, and to support persons conducting nursing research concerning the evidence-based practice of nursing and the improvement of patient outcomes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.531 of the Revised Code to the thank you foundation, incorporated, a nonprofit corporation organized under the laws of this state, to assist that organization in paying for the charitable activities and programs it sponsors in support of United States military personnel, veterans, and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.534 of the Revised Code to the disabled American veterans department of Ohio, to be used for programs that serve disabled American veterans and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.55 of the Revised Code to the pro football hall of fame, which shall deposit the contributions into a special bank account that it establishes and which shall be separate and distinct from any other account the pro football hall of fame maintains, to be used exclusively for the purpose of promoting the pro football hall of fame as a travel destination.
The registrar shall pay the contributions that are paid to the registrar pursuant to section 4503.545 of the Revised Code to the national rifle association foundation, which shall use the money to pay the costs of the educational activities and programs the foundation holds or sponsors in this state.
The registrar shall pay to the Ohio pet fund the contributions the registrar receives pursuant to section 4503.551 of the Revised Code and any other money from any other source, including donations, gifts, and grants, that is designated by the source to be paid to the Ohio pet fund. The Ohio pet fund shall use the moneys it receives under this section to support programs for the sterilization of dogs and cats and for educational programs concerning the proper veterinary care of those animals, and for expenses of the Ohio pet fund that are reasonably necessary for it to obtain and maintain its tax-exempt status and to perform its duties.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.552 of the Revised Code to the rock and roll hall of fame and museum, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.553 of the Revised Code to the Ohio coalition for animals, incorporated, a nonprofit corporation. Except as provided in division (B) of this section, the coalition shall distribute the money to its members, and the members shall use the money only to pay for educational, charitable, and other programs of each coalition member that provide care for unwanted, abused, and neglected horses. The Ohio coalition for animals may use a portion of the money to pay for reasonable marketing costs incurred in the design and promotion of the license plate and for administrative costs incurred in the disbursement and management of funds received under this section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.554 of the Revised Code to the Ohio state council of the knights of Columbus, which shall use the contributions to pay for its charitable activities and programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.555 of the Revised Code to the western reserve historical society, which shall use the contributions to fund the Crawford auto aviation museum.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.556 of the Revised Code to the Erica J. Holloman foundation, inc., for the awareness of triple negative breast cancer. The foundation shall use the contributions for charitable and educational purposes.
The registrar shall pay each contribution the registrar receives pursuant to section 4503.557 of the Revised Code to the central Ohio chapter of the Ronald McDonald house charities, which shall distribute the contribution to the chapter of the Ronald McDonald house charities in whose geographic territory the person who paid the contribution resides.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.561 of the Revised Code to the state of Ohio chapter of ducks unlimited, inc., which shall deposit the contributions into a special bank account that it establishes. The special bank account shall be separate and distinct from any other account the state of Ohio chapter of ducks unlimited, inc., maintains and shall be used exclusively for the purpose of protecting, enhancing, restoring, and managing wetlands and conserving wildlife habitat. The state of Ohio chapter of ducks unlimited, inc., annually shall notify the registrar in writing of the name, address, and account to which such payments are to be made.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.562 of the Revised Code to the Mahoning river consortium, which shall use the money to pay the expenses it incurs in restoring and maintaining the Mahoning river watershed.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.564 of the Revised Code to the Glen Helen association to pay expenses related to the Glen Helen nature preserve.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.565 of the Revised Code to the conservancy for Cuyahoga valley national park, which shall use the money in support of the park.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.566 of the Revised Code to the Ottawa national wildlife refuge, which shall use the contributions for wildlife preservation purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.567 of the Revised Code to the girls on the run of Franklin county, inc., which shall use the contributions to support the activities of the organization.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.576 of the Revised Code to the Ohio state beekeepers association, which shall use those contributions to promote beekeeping, provide educational information about beekeeping, and to support other state and local beekeeping programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.577 of the Revised Code to the national aviation hall of fame, which shall use the contributions to fulfill its mission of honoring aerospace legends to inspire future leaders.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.579 of the Revised Code to the national council of negro women, incorporated, which shall use the contributions for educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.581 of the Revised Code to the Ohio sons of the American legion, which shall use the contributions to support the activities of the organization.
The registrar shall pay to a sports commission created pursuant to section 4503.591 of the Revised Code each contribution the registrar receives under that section that an applicant pays to obtain license plates that bear the logo of a professional sports team located in the county of that sports commission and that is participating in the license plate program pursuant to division (E) of that section, irrespective of the county of residence of an applicant.
The registrar shall pay to a community charity each contribution the registrar receives under section 4503.591 of the Revised Code that an applicant pays to obtain license plates that bear the logo of a professional sports team that is participating in the license plate program pursuant to division (G) of that section.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.592 of the Revised Code to pollinator partnership's monarch wings across Ohio program, which shall use the contributions for the protection and preservation of the monarch butterfly and pollinator corridor in Ohio and for educational programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.594 of the Revised Code to pelotonia, which shall use the contributions for the purpose of supporting cancer research.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.595 of the Revised Code to the Stan Hywet hall and gardens.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.596 of the Revised Code to the Cuyahoga valley scenic railroad.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.67 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.68 of the Revised Code to the girl scouts of Ohio's heartland. The girl scouts of Ohio's heartland shall distribute all contributions in an equitable manner throughout the state to regional councils of the girl scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.69 of the Revised Code to the Dan Beard council of the boy scouts of America. The council shall distribute all contributions in an equitable manner throughout the state to regional councils of the boy scouts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.70 of the Revised Code to the charitable foundation of the grand lodge of Ohio, f. & a. m., which shall use the contributions for scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.701 of the Revised Code to the Prince Hall grand lodge of free and accepted masons of Ohio, which shall use the contributions for scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.702 of the Revised Code to the Ohio Association of the Improved Benevolent and Protective Order of the Elks of the World, which shall use the funds for charitable purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.71 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the fees into its general account to be used for purposes of the fraternal order of police of Ohio, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.711 of the Revised Code to the fraternal order of police of Ohio, incorporated, which shall deposit the contributions into an account that it creates to be used for the purpose of advancing and protecting the law enforcement profession, promoting improved law enforcement methods, and teaching respect for law and order.
The registrar shall pay the contributions received pursuant to section 4503.712 of the Revised Code to Ohio concerns of police survivors, which shall use those contributions to provide whatever assistance may be appropriate to the families of Ohio law enforcement officers who are killed in the line of duty.
The registrar shall pay the contributions received pursuant to section 4503.713 of the Revised Code to the greater Cleveland peace officers memorial society, which shall use those contributions to honor law enforcement officers who have died in the line of duty and support its charitable purposes.
The registrar shall pay the contributions received pursuant to section 4503.714 of the Revised Code to the Ohio association of chiefs of police.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.715 of the Revised Code to the fallen linemen organization, which shall use the contributions to recognize and memorialize fallen linemen and support their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.716 of the Revised Code to the fallen timbers battlefield preservation commission, which shall use the contributions to further the mission of the commission.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.72 of the Revised Code to the organization known on March 31, 2003, as the Ohio CASA/GAL association, a private, nonprofit corporation organized under Chapter 1702. of the Revised Code. The Ohio CASA/GAL association shall use these contributions to pay the expenses it incurs in administering a program to secure the proper representation in the courts of this state of abused, neglected, and dependent children, and for the training and supervision of persons participating in that program.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.722 of the Revised Code to the Down Syndrome Association of Central Ohio, which shall use the contributions for advocacy purposes throughout the state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.724 of the Revised Code to the Ohio Chapter of the American Foundation for Suicide Prevention, which shall use the contributions for programs, education, and advocacy purposes throughout the state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.725 of the Revised Code to the ALS association central & southern Ohio chapter, which shall split the contributions between that chapter and the ALS association northern Ohio chapter in accordance with any agreement between the two associations. The contributions shall be used to discover treatments and a cure for ALS, and to serve, advocate for, and empower people affected by ALS to live their lives to the fullest.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.73 of the Revised Code to Wright B. Flyer, incorporated, which shall deposit the contributions into its general account to be used for purposes of Wright B. Flyer, incorporated.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.732 of the Revised Code to the Siegel Shuster society, a nonprofit organization dedicated to commemorating and celebrating the creation of Superman in Cleveland, Ohio.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.733 of the Revised Code to the central Ohio chapter of the juvenile diabetes research foundation, which shall distribute the contributions to the chapters of the juvenile diabetes research foundation in whose geographic territory the person who paid the contribution resides.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.734 of the Revised Code to the Ohio highway patrol auxiliary foundation, which shall use the contributions to fulfill the foundation's mission of supporting law enforcement education and assistance.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.74 of the Revised Code to the Columbus zoological park association, which shall disburse the moneys to Ohio's major metropolitan zoos, as defined in section 4503.74 of the Revised Code, in accordance with a written agreement entered into by the major metropolitan zoos.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.75 of the Revised Code to the rotary foundation, located on March 31, 2003, in Evanston, Illinois, to be placed in a fund known as the permanent fund and used to endow educational and humanitarian programs of the rotary foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.751 of the Revised Code to the Ohio association of realtors, which shall deposit the contributions into a property disaster relief fund maintained under the Ohio realtors charitable and education foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.752 of the Revised Code to buckeye corvettes, incorporated, which shall use the contributions to pay for its charitable activities and programs.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.754 of the Revised Code to the municipal corporation of Twinsburg.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.763 of the Revised Code to the Ohio history connection to be used solely to build, support, and maintain the Ohio battleflag collection within the Ohio history connection.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.764 of the Revised Code to the Medina county historical society, which shall use those contributions to distribute between the various historical societies and museums in Medina county.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.765 of the Revised Code to the Amaranth grand chapter foundation, which shall use the contributions for communal outreach, charitable service, and scholarship purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.767 of the Revised Code to folds of honor of central Ohio, which shall use the contributions to provide scholarships to spouses and children either of disabled veterans or of members of any branch of the armed forces who died during their service.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.85 of the Revised Code to the Ohio sea grant college program to be used for Lake Erie area research projects.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.86 of the Revised Code to the Ohio Lincoln highway historic byway, which shall use those contributions solely to promote and support the historical preservation and advertisement of the Lincoln highway in this state.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.87 of the Revised Code to the Grove City little league dream field fund, which shall use those contributions solely to build, maintain, and improve youth baseball fields within the municipal corporation of Grove City.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.871 of the Revised Code to the Solon city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.872 of the Revised Code to the Canton city school district. The district may use the contributions for student welfare, but shall not use the contributions for any political purpose or to pay salaries of district employees.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.873 of the Revised Code to Padua Franciscan high school located in the municipal corporation of Parma. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.874 of the Revised Code to St. Edward high school located in the municipal corporation of Lakewood. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.875 of the Revised Code to Walsh Jesuit high school located in the municipal corporation of Cuyahoga Falls. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.876 of the Revised Code to the North Royalton city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.877 of the Revised Code to the Independence local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.878 of the Revised Code to the Cuyahoga Heights local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors, shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.879 of the Revised Code to the west technical high school alumni association, which shall use the contributions for activities sponsored by the association.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.88 of the Revised Code to the Kenston local school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services that assist in developing or maintaining a culture of environmental responsibility and an innovative science, technology, engineering, art, and math (S.T.E.A.M.) curriculum to the school district's students. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.881 of the Revised Code to La Salle high school in the municipal corporation of Cincinnati. The high school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.882 of the Revised Code to St. John's Jesuit high school and academy located in the municipal corporation of Toledo. The school shall use the contributions it receives to provide tuition assistance for students attending the school.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.883 of the Revised Code to St. Charles preparatory school located in the municipal corporation of Columbus, which shall use the contributions for the school's alumni association and the alumni association's purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.884 of the Revised Code to Archbishop Moeller high school located in the municipal corporation of Cincinnati. The high school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.89 of the Revised Code to the American red cross of greater Columbus on behalf of the Ohio chapters of the American red cross, which shall use the contributions for disaster readiness, preparedness, and response programs on a statewide basis.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.891 of the Revised Code to the Ohio lions foundation. The foundation shall use the contributions for charitable and educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.892 of the Revised Code to the Hudson city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.893 of the Revised Code to the Harrison Central jr./sr. high school located in the municipal corporation of Cadiz.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.899 of the Revised Code to the Cleveland clinic foundation, which shall use the contributions to support Cleveland clinic children's education, research, and patient services.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.90 of the Revised Code to the nationwide children's hospital foundation.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.901 of the Revised Code to the Ohio association for pupil transportation, which shall use the money to support transportation programs, provide training to school transportation professionals, and support other initiatives for school transportation safety.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.902 of the Revised Code to St. Ignatius high school located in the municipal corporation of Cleveland. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.903 of the Revised Code to the Brecksville-Broadview Heights city school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.904 of the Revised Code to the Chagrin Falls exempted village school district. The school district shall use the contributions it receives to pay the expenses it incurs in providing services to the school district's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The school district superintendent or, in the school district superintendent's discretion, the appropriate school principal or appropriate school counselors shall determine any charitable organizations that the school district hires to provide those services. The school district also may use the contributions it receives to pay for members of the faculty of the school district to receive training in providing such services to the students of the school district. The school district shall ensure that any charitable organization that is hired by the district is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school district shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.905 of the Revised Code to the Cuyahoga valley career center. The career center shall use the contributions it receives to pay the expenses it incurs in providing services to the career center's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. The career center's superintendent or in the career center's superintendent's discretion, the school board or appropriate school counselors shall determine any charitable organizations that the career center hires to provide those services. The career center also may use the contributions it receives to pay for members of the faculty of the career center to receive training in providing such services to the students of the career center. The career center shall ensure that any charitable organization that is hired by the career center is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The career center shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.906 of the Revised Code to the Stow-Munroe Falls city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.907 of the Revised Code to the Twinsburg city school district. The school district shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.908 of the Revised Code to St. Xavier high school located in Springfield township in Hamilton county. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.909 of the Revised Code to the Grandview Heights city school district, which shall use the contributions for its gifted programs and special education and related services.
The registrar shall pay the contributions received pursuant to section 4503.92 of the Revised Code to support our troops, incorporated, a national nonprofit corporation, which shall use those contributions in accordance with its articles of incorporation and for the benefit of servicemembers of the armed forces of the United States and their families when they are in financial need.
The registrar shall pay the contributions received pursuant to section 4503.931 of the Revised Code to healthy New Albany, which shall use the contributions for its community programs, events, and other activities.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.932 of the Revised Code to habitat for humanity of Ohio, inc., which shall use the contributions for its projects related to building affordable houses.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.94 of the Revised Code to the Michelle's leading star foundation, which shall use the money solely to fund the rental, lease, or purchase of the simulated driving curriculum of the Michelle's leading star foundation by boards of education of city, exempted village, local, and joint vocational school districts.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.941 of the Revised Code to the Ohio chapter international society of arboriculture, which shall use the money to increase consumer awareness on the importance of proper tree care and to raise funds for the chapter's educational efforts.
The registrar shall pay the contributions received pursuant to section 4503.942 of the Revised Code to zero, the end of prostate cancer, incorporated, a nonprofit organization, which shall use those contributions to raise awareness of prostate cancer, to support research to end prostate cancer, and to support prostate cancer patients and their families.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.944 of the Revised Code to the eastern European congress of Ohio, which shall use the contributions for charitable and educational purposes.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.945 of the Revised Code to the Summit metro parks foundation, which shall use the money in support of the Summit county metro parks.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.951 of the Revised Code to the Cincinnati city school district.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.952 of the Revised Code to Hawken school located in northeast Ohio. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.953 of the Revised Code to Gilmour academy located in the municipal corporation of Gates Mills. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.954 of the Revised Code to University school located in the suburban area near the municipal corporation of Cleveland. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.955 of the Revised Code to Saint Albert the Great school located in North Royalton. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students. The school shall use the remaining fifty per cent to pay the expenses it incurs in providing services to the school's students that assist in developing or maintaining the mental and emotional well-being of the students. The services provided may include bereavement counseling, instruction in defensive driving techniques, sensitivity training, and the counseling and education of students regarding bullying, dating violence, drug abuse, suicide prevention, and human trafficking. As a part of providing such services, the school may pay for members of the faculty of the school to receive training in providing those services. The school principal or, in the school principal's discretion, appropriate school counselors shall determine any charitable organizations that the school hires to provide those services. The school shall ensure that any such charitable organization is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. The school shall not use the contributions it receives for any other purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.956 of the Revised Code to the Liberty Center local school district, which shall use the contributions for its gifted programs and special education and related services.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.957 of the Revised Code to John F. Kennedy Catholic school located in Warren. The school shall not use the contributions it receives for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.958 of the Revised Code to Elder high school located in the municipal corporation of Cincinnati. The school shall use fifty per cent of the contributions it receives to provide tuition assistance to its students, twenty-five per cent of the contributions to benefit arts and enrichment at the school, and twenty-five per cent of the contributions to benefit athletics at the school.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.961 of the Revised Code to Fairfield senior high school located in the municipal corporation of Fairfield. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.962 of the Revised Code to Hamilton high school located in the municipal corporation of Hamilton. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.963 of the Revised Code to Ross high school located in Ross township in Butler county. The high school shall not use the contributions for any political purpose.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.97 of the Revised Code to the friends of united Hatzalah of Israel, which shall use the money to support united Hatzalah of Israel, which provides free emergency medical first response throughout Israel.
The registrar shall pay the contributions the registrar receives pursuant to section 4503.98 of the Revised Code to the Westerville parks foundation to support the programs and activities of the foundation and its mission of pursuing the city of Westerville's vision of becoming "A City Within A Park."
(C) All investment earnings of the license plate contribution fund shall be credited to the fund. Not later than the first day of May of every year, the registrar shall distribute to each entity described in division (B) of this section the investment income the fund earned the previous calendar year. The amount of such a distribution paid to an entity shall be proportionate to the amount of money the entity received from the fund during the previous calendar year.
Sec. 4503.10. (A) The owner of every snowmobile, off-highway motorcycle, and all-purpose vehicle required to be registered under section 4519.02 of the Revised Code shall file an application for registration under section 4519.03 of the Revised Code. The owner of a motor vehicle, other than a snowmobile, off-highway motorcycle, or all-purpose vehicle, that is not designed and constructed by the manufacturer for operation on a street or highway may not register it under this chapter except upon certification of inspection pursuant to section 4513.02 of the Revised Code by the sheriff, or the chief of police of the municipal corporation or township, with jurisdiction over the political subdivision in which the owner of the motor vehicle resides. Except as provided in section 4503.103 of the Revised Code, every owner of every other motor vehicle not previously described in this section and every person mentioned as owner in the last certificate of title of a motor vehicle that is operated or driven upon the public roads or highways shall cause to be filed each year, by mail or otherwise, in the office of the registrar of motor vehicles or a deputy registrar, a written or electronic application or a preprinted registration renewal notice issued under section 4503.102 of the Revised Code, the form of which shall be prescribed by the registrar, for registration for the following registration year, which shall begin on the first day of January of every calendar year and end on the thirty-first day of December in the same year. Applications for registration and registration renewal notices shall be filed at the times established by the registrar pursuant to section 4503.101 of the Revised Code. A motor vehicle owner also may elect to apply for or renew a motor vehicle registration by electronic means using electronic signature in accordance with rules adopted by the registrar. Except as provided in division (J) of this section, applications for registration shall be made on blanks furnished by the registrar for that purpose, containing the following information:
(1) A brief description of the motor vehicle to be registered, including the year, make, model, and vehicle identification number, and, in the case of commercial cars, the gross weight of the vehicle fully equipped computed in the manner prescribed in section 4503.08 of the Revised Code;
(2) The name and residence address of the owner, and the township and municipal corporation in which the owner resides;
(3) The district of registration, which shall be determined as follows:
(a) In case the motor vehicle to be registered is used for hire or principally in connection with any established business or branch business, conducted at a particular place, the district of registration is the municipal corporation in which that place is located or, if not located in any municipal corporation, the county and township in which that place is located.
(b) In case the vehicle is not so used, the district of registration is the municipal corporation or county in which the owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the registration or transfer of the motor vehicle, during the preceding registration year and during the preceding period of the current registration year, have been paid. Each application for registration shall be signed by the owner, either manually or by electronic signature, or pursuant to obtaining a limited power of attorney authorized by the registrar for registration, or other document authorizing such signature. If the owner elects to apply for or renew the motor vehicle registration with the registrar by electronic means, the owner's manual signature is not required.
(7) The owner's social security number, driver's license number, or state identification number, or, where a motor vehicle to be registered is used for hire or principally in connection with any established business, the owner's federal taxpayer identification number. The bureau of motor vehicles shall retain in its records all social security numbers provided under this section, but the bureau shall not place social security numbers on motor vehicle certificates of registration.
(B)
Except
as otherwise provided in this division, each time (1)
When an
applicant first registers a motor vehicle in the applicant's name,
the applicant shall provide
proof of ownership of that motor vehicle. Proof of ownership may
include any of the following:
(a)
The applicant may present
for inspection a physical certificate of title or memorandum
certificate showing title to the motor vehicle to be registered in
the name of the applicant
if
a physical certificate of title or memorandum certificate has been
issued by a clerk of a court of common pleas.
If,
under sections 4505.021, 4505.06, and 4505.08 of the Revised Code, a
clerk instead has issued
(b)
The applicant may present for inspection an
electronic certificate of title for the applicant's motor vehicle,
that certificate may be presented for inspection at the time of first
registration
in
a manner prescribed by rules adopted by the registrar. An
(c) The registrar or deputy registrar may electronically confirm the applicant's ownership of the motor vehicle.
An
applicant
is not required to present a certificate of title to an electronic
motor vehicle dealer acting as a limited authority deputy registrar
in accordance with rules adopted by the registrar. When
(2)
When a
motor vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it, each
application for registration for a vehicle required to be inspected
under that section and those rules shall be accompanied by an
inspection certificate for the motor vehicle issued in accordance
with that section. The
(3) An application for registration shall be refused if any of the following applies:
(1)
(a)
The
application is not in proper form.
(2)
(b)
The
application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division (B) of section 4510.22, or division (B)(1)
of section 4521.10 of the Revised Code.
(3)
A certificate of title or memorandum certificate of title (c)
Proof of ownership is
required but does
not accompany the application or, in the case of an electronic
certificate of title, is required but is
not presented in
a manner prescribed by the registrar's rulesor
confirmed in accordance with division (B)(1) of this section.
(4)
(d)
All
registration and transfer fees for the motor vehicle, for the
preceding year or the preceding period of the current registration
year, have not been paid.
(5)
(e)
The
owner or lessee does not have an inspection certificate for the motor
vehicle as provided in section 3704.14 of the Revised Code, and rules
adopted under it, if that section is applicable.
(4)
This
section does not require the payment of license or registration taxes
on a motor vehicle for any preceding year, or for any preceding
period of a year, if the motor vehicle was not taxable for that
preceding year or period under sections 4503.02, 4503.04, 4503.11,
4503.12, and 4503.16 or Chapter 4504. of the Revised Code. When
(5)
When a
certificate of registration is issued upon the first registration of
a motor vehicle by or on behalf of the owner, the official issuing
the certificate shall indicate the issuance with a stamp on the
certificate of title or memorandum certificate or, in the case of an
electronic certificate of title
or
electronic verification of ownership,
an electronic stamp or other notation as specified in rules adopted
by the registrar, and with a stamp on the inspection certificate for
the motor vehicle, if any. The
(6) The official also shall indicate, by a stamp or by other means the registrar prescribes, on the registration certificate issued upon the first registration of a motor vehicle by or on behalf of the owner the odometer reading of the motor vehicle as shown in the odometer statement included in or attached to the certificate of title. Upon each subsequent registration of the motor vehicle by or on behalf of the same owner, the official also shall so indicate the odometer reading of the motor vehicle as shown on the immediately preceding certificate of registration.
(7) The registrar shall include in the permanent registration record of any vehicle required to be inspected under section 3704.14 of the Revised Code the inspection certificate number from the inspection certificate that is presented at the time of registration of the vehicle as required under this division.
(C)(1)
Except
as otherwise provided in division (C)(1) of this sectionFor
each initial application for registration received on or after
October 1, 2021, and for each registration renewal with an expiration
date on or after that date,
the registrar and each deputy registrar shall collect an additional
fee of eleven
twenty-one
dollars
for each application for registration and registration renewal
received,
unless otherwise provided in division (C)(1) of this section.
For vehicles specified in divisions (A)(1) to (21) of section
4503.042 of the Revised Code, the registrar and deputy registrar
shall collect an additional fee of thirty
forty
dollars
for each application for registration and registration renewal
received. No additional fee shall be charged for vehicles registered
under section 4503.65 of the Revised Code. The additional fee is for
the purpose of defraying the department of public safety's costs
associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under divisions (C)(1), (3), and (4) of
this section in the time and manner provided in this section. The
registrar shall deposit all moneys received under division (C)(1) of
this section into the public safety - highway purposes fund
established in section 4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be made for each reflectorized safety license plate issued, and a single charge of twenty-five cents shall be made for each county identification sticker or each set of county identification stickers issued, as the case may be, to cover the cost of producing the license plates and stickers, including material, manufacturing, and administrative costs. Those fees shall be in addition to the license tax. If the total cost of producing the plates is less than twenty-five cents per plate, or if the total cost of producing the stickers is less than twenty-five cents per sticker or per set issued, any excess moneys accruing from the fees shall be distributed in the same manner as provided by section 4501.04 of the Revised Code for the distribution of license tax moneys. If the total cost of producing the plates exceeds twenty-five cents per plate, or if the total cost of producing the stickers exceeds twenty-five cents per sticker or per set issued, the difference shall be paid from the license tax moneys collected pursuant to section 4503.02 of the Revised Code.
(3) The registrar and each deputy registrar shall collect an additional fee of two hundred dollars for each application for registration or registration renewal received for any plug-in electric motor vehicle. The fee shall be prorated based on the number of months for which the plug-in electric motor vehicle is registered. The registrar shall transmit all money arising from the fee imposed by division (C)(3) of this section to the treasurer of state for distribution in accordance with division (E) of section 5735.051 of the Revised Code, subject to division (D) of section 5735.05 of the Revised Code.
(4) The registrar and each deputy registrar shall collect an additional fee of one hundred dollars for each application for registration or registration renewal received for any hybrid motor vehicle. The fee shall be prorated based on the number of months for which the hybrid motor vehicle is registered. The registrar shall transmit all money arising from the fee imposed by division (C)(4) of this section to the treasurer of state for distribution in accordance with division (E) of section 5735.051 of the Revised Code, subject to division (D) of section 5735.05 of the Revised Code.
The fees established under divisions (C)(3) and (4) of this section shall not be imposed until January 1, 2020.
(D) Each deputy registrar shall be allowed a fee equal to the amount established under section 4503.038 of the Revised Code for each application for registration and registration renewal notice the deputy registrar receives, which shall be for the purpose of compensating the deputy registrar for the deputy registrar's services, and such office and rental expenses, as may be necessary for the proper discharge of the deputy registrar's duties in the receiving of applications and renewal notices and the issuing of registrations.
(E) Upon the certification of the registrar, the county sheriff or local police officials shall recover license plates erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application for registration or registration renewal notice, together with the license fee and any local motor vehicle license tax levied pursuant to Chapter 4504. of the Revised Code, shall transmit that fee and tax, if any, in the manner provided in this section, together with the original and duplicate copy of the application, to the registrar. The registrar, subject to the approval of the director of public safety, may deposit the funds collected by those deputies in a local bank or depository to the credit of the "state of Ohio, bureau of motor vehicles." Where a local bank or depository has been designated by the registrar, each deputy registrar shall deposit all moneys collected by the deputy registrar into that bank or depository not more than one business day after their collection and shall make reports to the registrar of the amounts so deposited, together with any other information, some of which may be prescribed by the treasurer of state, as the registrar may require and as prescribed by the registrar by rule. The registrar, within three days after receipt of notification of the deposit of funds by a deputy registrar in a local bank or depository, shall draw on that account in favor of the treasurer of state. The registrar, subject to the approval of the director and the treasurer of state, may make reasonable rules necessary for the prompt transmittal of fees and for safeguarding the interests of the state and of counties, townships, municipal corporations, and transportation improvement districts levying local motor vehicle license taxes. The registrar may pay service charges usually collected by banks and depositories for such service. If deputy registrars are located in communities where banking facilities are not available, they shall transmit the fees forthwith, by money order or otherwise, as the registrar, by rule approved by the director and the treasurer of state, may prescribe. The registrar may pay the usual and customary fees for such service.
(G) This section does not prevent any person from making an application for a motor vehicle license directly to the registrar by mail, by electronic means, or in person at any of the registrar's offices, upon payment of a service fee equal to the amount established under section 4503.038 of the Revised Code for each application.
(H) No person shall make a false statement as to the district of registration in an application required by division (A) of this section. Violation of this division is falsification under section 2921.13 of the Revised Code and punishable as specified in that section.
(I)(1) Where applicable, the requirements of division (B) of this section relating to the presentation of an inspection certificate issued under section 3704.14 of the Revised Code and rules adopted under it for a motor vehicle, the refusal of a license for failure to present an inspection certificate, and the stamping of the inspection certificate by the official issuing the certificate of registration apply to the registration of and issuance of license plates for a motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each owner registering a motor vehicle in a county where a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it receives information about the requirements established in that section and those rules and about the need in those counties to present an inspection certificate with an application for registration or preregistration.
(b) Upon request, the registrar shall provide the director of environmental protection, or any person that has been awarded a contract under section 3704.14 of the Revised Code, an on-line computer data link to registration information for all passenger cars, noncommercial motor vehicles, and commercial cars that are subject to that section. The registrar also shall provide to the director of environmental protection a magnetic data tape containing registration information regarding passenger cars, noncommercial motor vehicles, and commercial cars for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, including, without limitation, the date of issuance of the multi-year registration, the registration deadline established under rules adopted under section 4503.101 of the Revised Code that was applicable in the year in which the multi-year registration was issued, and the registration deadline for renewal of the multi-year registration.
(J) Subject to division (K) of this section, application for registration under the international registration plan, as set forth in sections 4503.60 to 4503.66 of the Revised Code, shall be made to the registrar on forms furnished by the registrar. In accordance with international registration plan guidelines and pursuant to rules adopted by the registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined gross vehicle weight of the combination vehicle as declared by the registrant;
(3) Any other information the registrar requires by rule.
(K) The registrar shall determine the feasibility of implementing an electronic commercial fleet licensing and management program that will enable the owners of commercial tractors, commercial trailers, and commercial semitrailers to conduct electronic transactions by July 1, 2010, or sooner. If the registrar determines that implementing such a program is feasible, the registrar shall adopt new rules under this division or amend existing rules adopted under this division as necessary in order to respond to advances in technology.
If international registration plan guidelines and provisions allow member jurisdictions to permit applications for registrations under the international registration plan to be made via the internet, the rules the registrar adopts under this division shall permit such action.
Sec. 4503.103. (A)(1) The registrar of motor vehicles may adopt rules to permit any person or lessee, other than a person receiving an apportioned license plate under the international registration plan, who owns or leases one or more motor vehicles to file a written application for registration for no more than five succeeding registration years. The rules adopted by the registrar may designate the classes of motor vehicles that are eligible for such registration. At the time of application, all annual taxes and fees shall be paid for each year for which the person is registering.
(2)(a)
The registrar shall adopt rules to permit any person or lessee who
owns or leases a trailer or semitrailer that is subject to the tax
rates prescribed in section 4503.042 of the Revised Code for such
trailers or semitrailers to file a written application for
registration for any number of succeeding registration years,
including a permanent registration. At the time of application, all
annual taxes and fees shall be paid for each year for which the
person is registering, provided that the
not
more than eight times any such annual
taxes
or
fees shall be
due,
regardless of the number of years for which the person is
registering, shall not exceed two hundred dollars. A person who
registers a vehicle under division (A)(2) of this section shall pay
for each year of registration the additional fee established under
division (C)(1) of section 4503.10 of the Revised Code, provided that
the additional fee due, regardless of the number of years for which
the person is registering, shall not exceed eighty-eight dollars
upon
registration.
The person also shall pay one single deputy registrar service fee in
the amount specified in division (D) of section 4503.10 of the
Revised Code or one single bureau of motor vehicles service fee in
the amount specified in division (G) of that section, as applicable,
regardless of the number of years for which the person is
registering.
(b) In addition, each person registering a trailer or semitrailer under division (A)(2)(a) of this section shall pay any applicable local motor vehicle license tax levied under Chapter 4504. of the Revised Code for each year for which the person is registering, provided that not more than eight times any such annual local taxes shall be due upon registration.
(c) The period of registration for a trailer or semitrailer registered under division (A)(2)(a) of this section is exclusive to the trailer or semitrailer for which that certificate of registration is issued and is not transferable to any other trailer or semitrailer if the registration is a permanent registration.
(3) Except as provided in division (A)(4) of this section, the registrar shall adopt rules to permit any person who owns a motor vehicle to file an application for registration for not more than five succeeding registration years. At the time of application, the person shall pay the annual taxes and fees for each registration year, calculated in accordance with division (C) of section 4503.11 of the Revised Code. A person who is registering a vehicle under division (A)(3) of this section shall pay for each year of registration the additional fee established under division (C)(1), (3), or (4) of section 4503.10 of the Revised Code, as applicable. The person shall also pay the deputy registrar service fee or the bureau of motor vehicles service fee equal to the amount established under section 4503.038 of the Revised Code.
(4) Division (A)(3) of this section does not apply to a person receiving an apportioned license plate under the international registration plan, or the owner of a commercial car used solely in intrastate commerce, or the owner of a bus as defined in section 4513.50 of the Revised Code.
(B) No person applying for a multi-year registration under division (A) of this section is entitled to a refund of any taxes or fees paid.
(C) The registrar shall not issue to any applicant who has been issued a final, nonappealable order under division (D) of this section a multi-year registration or renewal thereof under this division or rules adopted under it for any motor vehicle that is required to be inspected under section 3704.14 of the Revised Code the district of registration of which, as determined under section 4503.10 of the Revised Code, is or is located in the county named in the order.
(D) Upon receipt from the director of environmental protection of a notice issued under rules adopted under section 3704.14 of the Revised Code indicating that an owner of a motor vehicle that is required to be inspected under that section who obtained a multi-year registration for the vehicle under division (A) of this section or rules adopted under that division has not obtained a required inspection certificate for the vehicle, the registrar in accordance with Chapter 119. of the Revised Code shall issue an order to the owner impounding the certificate of registration and identification license plates for the vehicle. The order also shall prohibit the owner from obtaining or renewing a multi-year registration for any vehicle that is required to be inspected under that section, the district of registration of which is or is located in the same county as the county named in the order during the number of years after expiration of the current multi-year registration that equals the number of years for which the current multi-year registration was issued.
An order issued under this division shall require the owner to surrender to the registrar the certificate of registration and license plates for the vehicle named in the order within five days after its issuance. If the owner fails to do so within that time, the registrar shall certify that fact to the county sheriff or local police officials who shall recover the certificate of registration and license plates for the vehicle.
(E) Upon the occurrence of either of the following circumstances, the registrar in accordance with Chapter 119. of the Revised Code shall issue to the owner a modified order rescinding the provisions of the order issued under division (D) of this section impounding the certificate of registration and license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection of a subsequent notice under rules adopted under section 3704.14 of the Revised Code that the owner has obtained the inspection certificate for the vehicle as required under those rules;
(2) Presentation to the registrar by the owner of the required inspection certificate for the vehicle.
(F) The owner of a motor vehicle for which the certificate of registration and license plates have been impounded pursuant to an order issued under division (D) of this section, upon issuance of a modified order under division (E) of this section, may apply to the registrar for their return. A fee of two dollars and fifty cents shall be charged for the return of the certificate of registration and license plates for each vehicle named in the application.
Sec.
4503.182. (A)
A purchaser of a motor vehicle, upon application and proof of
purchase of the vehicle, may be issued a temporary license
placard or windshield sticker motor
vehicle license registration for
the motor vehicle.
The
purchaser of a motor
vehicle
applying
for a temporary license placard or windshield sticker under this
section shall execute an affidavit stating that the purchaser has not
been issued that
was previously
issued
a license plate during
the current registration year a
license plate that
could
can
legally
be
transferred to the transfer
the license plate to that motor vehicle
shall
not be issued a temporary motor vehicle license registration.
Placards
or windshield stickers A
temporary motor vehicle license registration shall
be issued only for the applicant's use of the motor
vehicle
to enable the applicant to legally operate the motor vehicle while
proper title, license plates, and a certificate of registration are
being obtained, and shall be displayed on no other motor vehicle.
Placards
or windshield stickers A
temporary motor vehicle license registration issued
under division (A) of this section are
is
valid
for a period of forty-five days from date of issuance and are
is
not
transferable or renewable.
The
fee for the
placards or windshield stickers a
temporary motor vehicle license registration issued
under this section is two dollars plus a service fee equal to the
amount established under section 4503.038 of the Revised Code.
(B)(1)
The registrar of motor vehicles may issue to
a temporary
motor vehicle license registrations to an Ohio motorized
bicycle dealer or a licensed motor vehicle dealer temporary
license placards to
be issued to purchasers for use on motor
vehicles
sold by the dealer, in accordance with rules prescribed by the
registrar. The
dealer shall notify the registrar, within forty-eight hours, of the
issuance of a placard by electronic means via computer equipment
purchased and maintained by the dealer or in any other manner
prescribed by the registrar.An
Ohio motorized bicycle dealer or a licensed motor vehicle dealer
shall issue temporary motor vehicle license registrations by
electronic means via computer equipment purchased and maintained by
the dealer unless otherwise authorized by the registrar.
(2)
The fee for each placard
temporary
motor vehicle license registration issued
by the registrar to a dealer is two dollars,
in addition to the fees charged under division (D) of this section.
The
registrar shall charge an additional fee equal to the amount
established under section 4503.038 of the Revised Code for each
placard issued to a dealer who notifies the registrar of the issuance
of the placards in a manner other than by approved electronic means.
(3)
When a dealer issues a temporary license
placard motor
vehicle license registration to
a purchaser, the dealer shall collect and retain the fees established
under divisions (A) and (D) of this section.
(C)
The registrar of motor vehicles, at the registrar's discretion, may
issue a temporary motor
vehicle license
placard.
Such a placard may be issued registration
in
the case of extreme hardship encountered by a citizen from this state
or another state who has attempted to comply with all registration
laws, but for extreme circumstances is unable to properly register
the citizen's vehicle. Placards
A
temporary motor vehicle license registration issued
under division (C) of this section are
is
valid
for a period of thirty days from the date of issuance and are
is
not
transferable or renewable.
(D)
In addition to the fees charged under divisions (A) and (B) of this
section, the registrar and each deputy registrar shall collect a fee
of thirteen dollars for each temporary motor
vehicle license
placard
registration
issued.
The additional fee is for the purpose of defraying the department of
public safety's costs associated with the administration and
enforcement of the motor vehicle and traffic laws of Ohio. At the
time and in the manner provided by section 4503.10 of the Revised
Code, the deputy registrar shall transmit to the registrar the fees
collected under this section. The registrar shall deposit all moneys
received under this division into the public safety - highway
purposes fund established in section 4501.06 of the Revised Code.
(E)
The registrar shall
may
adopt
rules, in accordance with division (B) of section 111.15 of the
Revised Code, to specify the procedures for reporting the information
from applications for temporary motor
vehicle license
placards
and windshield stickers registrations
and
for providing the information from these applications to law
enforcement agencies.
(F)
Temporary motor
vehicle license
placards
registrations
issued
under this section shall bear a distinctive combination of seven
letters, numerals, or letters and numerals, and shall incorporate a
security feature that, to the greatest degree possible, prevents
tampering with any of the information that is entered upon a
placard it
when
it is issued.
(G) Whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.
(H) As used in this section, "motorized bicycle dealer" means any person engaged in the business of selling at retail, displaying, offering for sale, or dealing in motorized bicycles who is not subject to section 4503.09 of the Revised Code.
Sec. 4503.19. (A)(1) Upon the filing of an application for registration and the payment of the tax for registration, the registrar of motor vehicles or a deputy registrar shall determine whether the owner previously has been issued a license plate for the motor vehicle described in the application. If no license plate previously has been issued to the owner for that motor vehicle, the registrar or deputy registrar shall assign to the motor vehicle a distinctive number and issue and deliver to the owner in the manner that the registrar may select a certificate of registration, in the form that the registrar shall prescribe. The registrar or deputy registrar also shall charge the owner any fees required under division (C) of section 4503.10 of the Revised Code.
(2) The registrar or deputy registrar then shall deliver a license plate and, when required, a validation sticker, or a validation sticker alone, to be attached to the number plate as provided in section 4503.191 of the Revised Code.
If
an owner wishes to have two license plates, the registrar or deputy
registrar shall deliver two license plates, duplicates of each other,
and,
when required,
a
validation sticker, or a validation sticker alone, to be attached to
the number plates as provided in section 4503.191 of the Revised
Code. The owner shall display the license plate and,
when required, the
validation
sticker on the rear of the vehicle. However, a commercial tractor
shall display the license plate and
validation sticker on
the front of the commercial tractor and a chauffeured limousine shall
display a livery sticker along with a validation sticker as provided
in section 4503.24 of the Revised Code.
(3) The registrar or deputy registrar shall not issue a license plate for a school bus. A school bus shall display identifying numbers in the manner prescribed by section 4511.764 of the Revised Code.
(4)
The certificate of registration and
shall
be issued and delivered to the owner in person, by mail, or by
electronic delivery. The license
plate and,
when required,
validation
sticker, or validation sticker alone, shall be issued and delivered
to the owner in person or by mail.
(5) In the event of the loss, mutilation, or destruction of any certificate of registration, or of any license plate or validation sticker, or if the owner chooses to replace a license plate previously issued for a motor vehicle, or if the registration certificate and license plate have been impounded as provided by division (B)(1) of section 4507.02 and section 4507.16 of the Revised Code, the owner of a motor vehicle, or manufacturer or dealer, may obtain from the registrar, or from a deputy registrar if authorized by the registrar, a duplicate thereof or a new license plate bearing a different number, if the registrar considers it advisable, upon filing an application prescribed by the registrar, and upon paying a fee of one dollar for such certificate of registration. The registrar shall deposit the one dollar fee into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code. The registrar or deputy registrar shall charge a fee of seven dollars and fifty cents for each set of two license plates or six dollars and fifty cents for each single license plate or validation sticker issued, which the registrar shall deposit into the state treasury to the credit of the public safety - highway purposes fund.
(6) Each applicant for a replacement certificate of registration, license plate, or validation sticker also shall pay the fees provided in divisions (C) and (D) of section 4503.10 of the Revised Code and any applicable fee under section 4503.192 of the Revised Code.
Additionally,
the registrar and each deputy registrar who either issues a license
plate and a validation sticker for use on any vehicle other than a
commercial tractor, semitrailer, or apportioned vehicle, or who
issues a validation sticker alone for use on such a vehicle and the
owner has changed the owner's county of residence since the owner
last was issued a county identification sticker, also shall issue and
deliver to the owner a county identification sticker, which shall be
attached to the license plate in a manner prescribed by the director
of public safety. The county identification sticker shall identify
prominently by name or
number the
county in which the owner of the vehicle resides at the time of
registration,
except that the county identification sticker for a nonstandard
license plate, as defined in section 4503.77 of the Revised Code,
shall identify prominently by name or number the county in which the
owner of the vehicle resides at the time of registration.
(B) A certificate of registration issued under this section shall have a portion that contains all the information contained in the main portion of the certificate except for the address of the person to whom the certificate is issued. Except as provided in this division, whenever a reference is made in the Revised Code to a motor vehicle certificate of registration that is issued under this section, the reference shall be deemed to refer to either the main portion of the certificate or the portion containing all information in the main portion except the address of the person to whom the certificate is issued. If a reference is made in the Revised Code to the seizure or surrender of a motor vehicle certificate of registration that is issued under this section, the reference shall be deemed to refer to both the main portion of the certificate and the portion containing all information in the main portion except the address of the person to whom the certificate is issued.
(C) Whoever violates this section is guilty of a minor misdemeanor.
Sec.
4503.191. (A)(1)
The identification license plate shall be issued for a multi-year
period as determined by the director of public safety, and,
except as provided in division (A)(3) of this section,
shall
be accompanied by a validation sticker, to be attached to the license
plate. Except as provided in division
divisions
(A)(2)
and
(3)
of
this section, the validation sticker shall indicate the expiration of
the registration period to which the motor vehicle for which the
license plate is issued is assigned, in accordance with rules adopted
by the registrar of motor vehicles. During each succeeding year of
the multi-year period following the issuance of the plate and
validation sticker, upon the filing of an application for
registration and the payment of the tax therefor, a validation
sticker alone shall be issued. The validation stickers required under
this section shall be of different colors or shades each year, the
new colors or shades to be selected by the director.
(2)(a) The director shall develop a universal validation sticker that may be issued to any owner of five hundred or more passenger vehicles, so that a sticker issued to the owner may be placed on any passenger vehicle in that owner's fleet. Beginning January 1, 2019, the universal validation sticker shall not have an expiration date on it and shall not need replaced at the time of registration, except in the event of the loss, mutilation, or destruction of the validation sticker. The director may establish and charge an additional fee of not more than one dollar per registration to compensate for necessary costs of the universal validation sticker program. The additional fee shall be credited to the public safety - highway purposes fund created in section 4501.06 of the Revised Code. The director shall select the color or shade of the universal validation sticker.
(b) A validation sticker issued for an all-purpose vehicle that is registered under Chapter 4519. of the Revised Code or for a trailer or semitrailer that is permanently registered under division (A)(2) of section 4503.103 of the Revised Code or is registered for any number of succeeding registration years may indicate the expiration of the registration period, if any, by any manner determined by the registrar by rule.
(3) No validation sticker shall be issued, and a validation sticker is not required for display, on the license plate of a nonapportioned commercial tractor or any apportioned motor vehicle.
(B)
Identification license plates shall be produced by Ohio penal
industries. Validation stickers and county identification stickers
shall be produced by Ohio penal industries unless the registrar
adopts rules that
permit expressly
permitting the
registrar or deputy registrars to print
provide
for the printing or
otherwise
produce them in houseproduction
of the stickers.
Sec.
4503.21. (A)(1)
No person who is the owner or operator of a motor vehicle shall fail
to display in plain view on the rear of the motor vehicle a license
plate that displays the distinctive number and registration mark
assigned to the motor vehicle by the director of public safety,
including any county identification sticker and any validation
sticker when
required by and issued
under sections 4503.19 and 4503.191 of the Revised Code,
except that .
However, a
commercial tractor shall display the license plate and
validation sticker on
the front of the commercial tractor.
(2) The license plate shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs its visibility.
(3)
No person to whom a temporary motor
vehicle license
placard
or windshield sticker registration
has
been issued for the use of a motor vehicle under section 4503.182 of
the Revised Code, and no operator of that motor vehicle, shall fail
to display the temporary motor
vehicle license
placard
registration
in
plain view from the rear of the vehicle either in the rear window or
on an external rear surface of the motor vehicle,
or fail to display the windshield sticker in plain view on the rear
window of the motor vehicle.
(4)
No
temporary
license placard or windshield sticker person
shall
be
covered cover
a temporary motor vehicle license registration by
any material that obstructs its visibility.
(B) Whoever violates this section is guilty of a minor misdemeanor.
(C)
The offense
offenses
established
under division (A) of this section is
a are
strict
liability offense
offenses
and
section 2901.20 of the Revised Code does not apply. The designation
of this
offense these
offenses as
a
strict
liability offense
offenses
shall
not be construed to imply that any other offense, for which there is
no specified degree of culpability, is not a strict liability
offense.
Sec.
4503.29. (A)
The director of veterans services in conjunction with the registrar
of motor vehicles shall develop and maintain a program to establish
and issue nonstandard
specialty
license
plates recognizing military service and military honors pertaining to
valor and service.
(B) The director and the registrar shall jointly adopt rules in accordance with Chapter 119. of the Revised Code for purposes of establishing the program under this section. The director and registrar shall adopt the rules as soon as possible after June 29, 2018, but not later than nine months after June 29, 2018. The rules shall do all of the following:
(1)
Establish nonstandard
specialty
license
plates recognizing military service;
(2)
Establish nonstandard
specialty
license
plates recognizing military honors pertaining to valor and service;
(3)
Establish eligibility criteria that apply to each nonstandard
specialty
license
plate issued under this section;
(4)
Establish requirements governing any necessary documentary evidence
required to be presented by an applicant for a nonstandard
specialty
license
plate issued under this section;
(5)
Establish guidelines for the designs, markings, and inscriptions on a
nonstandard
specialty
license
plate established under this section;
(6)
Establish procedures for altering the designs, markings, or
inscriptions on a nonstandard
specialty
license
plate established under this section;
(7)
Prohibit nonstandard
specialty
license
plates established under this section from recognizing achievement
awards or unit awards;
(8) Establish any other procedures or requirements that are necessary for the implementation and administration of this section.
(C)
The rules adopted under division (B) of this section shall provide
for the establishment of the military nonstandard
specialty
license
plates created under
sections 4503.431, 4503.432, 4503.433, 4503.434, 4503.436, 4503.48,
4503.481, 4503.53, 4503.532, 4503.533, 4503.536, 4503.537, 4503.538,
4503.54, 4503.541, 4503.543, 4503.544, 4503.547, 4503.548, 4503.581,
4503.59, and 4503.731 of the Revised Code as those sections existed
prior
to June 29, 2018
that
are no longer codified in the Revised Code.
(D)(1)
Any person who meets the applicable qualifications for the issuance
of a nonstandard
specialty
license
plate established by rule adopted under division (B) of this section
may apply to the registrar of motor vehicles for the registration of
any passenger car, noncommercial motor vehicle, recreational vehicle,
or other vehicle the person owns or leases of a class approved by the
registrar. The application may be combined with a request for a
special reserved license plate under section 4503.40 or 4503.42 of
the Revised Code.
(2)(a) Except as provided in division (D)(2)(b) of this section, upon receipt of an application for registration of a motor vehicle under this section and the required taxes and fees, compliance with all applicable laws relating to the registration of a motor vehicle, and, if necessary, upon presentation of the required documentary evidence, the registrar shall issue to the applicant the appropriate motor vehicle registration and a set of license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
(b) Any disabled veteran who qualifies to apply to the registrar for the registration of a motor vehicle under section 4503.41 of the Revised Code without the payment of any registration taxes or fees, may apply instead for registration of the motor vehicle under this section. The disabled veteran applying for registration under this section is not required to pay any registration taxes or fees as required by sections 4503.038, 4503.04, 4503.10, 4503.102, and 4503.103 of the Revised Code, any local motor vehicle tax levied under Chapter 4504. of the Revised Code, or any fee charged under section 4503.19 of the Revised Code for up to two motor vehicles, including any motor vehicle registered under section 4503.41 of the Revised Code. Upon receipt of an application for registration of the motor vehicle and presentation of any documentation the registrar may require by rule, the registrar shall issue to the applicant the appropriate motor vehicle registration and a set of license plates authorized under this section and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
(3) The license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(E)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.51. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, or vehicle of a class approved by the
registrar of motor vehicles may voluntarily
choose to submit an application apply
to
the registrar for registration of such
motor the
vehicle
and for issuance of collegiate license plates. The request
for a collegiate license plate application
may
be combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code.
Upon
receipt of the completed application for registration of a vehicle in
accordance with any rules adopted under this section and upon
compliance with division
divisions
(B)
and
(C) of
this section, the registrar shall issue to the applicant appropriate
vehicle registration and a set of collegiate license plates with a
validation sticker, or a validation sticker alone when required by
section 4503.191 of the Revised Code.
In
addition to the letters and numbers ordinarily inscribed thereonon
the license plates,
collegiate license plates shall be
inscribed with display
the
name of a university or college that is participating with the
registrar in the issuance of collegiate license plates, or any other
identifying marking or design selected by such a university or
college and approved by the registrar. Collegiate license plates
shall bear
display
county
identification stickers that identify the county of registration as
required under section 4503.19 of the Revised Code.
(B)
The collegiate license plates and validation sticker,
or validation sticker alone,
shall
be issued upon receipt of a
contribution as provided in division (C) of an
application for registration of a motor vehicle under this
section
and;
payment
of the regular license fees
tax
as
prescribed under section 4503.04 of the Revised Code, any applicable
motor vehicle tax levied under Chapter 4504. of the Revised Code, a
fee not to exceed ten dollars for the purpose of compensating the
bureau of motor vehicles for additional services required in the
issuing of collegiate license platesany
applicable additional fee prescribed by section 4503.40 or 4503.42 of
the Revised Code,
an
additional administrative fee of ten dollars, and a contribution as
provided in division (C)(1) of this section;
and
compliance with all other applicable laws relating to the
registration of motor vehicles,
including presentation of any inspection certificate required to be
obtained for the motor vehicle under section 3704.14 of the Revised
Code.
If
the application for a collegiate license plate is combined with a
request for a special reserved license plate under section 4503.40 or
4503.42 of the Revised Code, the license plate and validation sticker
shall be issued upon payment of the contribution, fees, and taxes
referred to in this division, the additional fee prescribed under
section 4503.40 or 4503.42 of the Revised Code, and compliance with
all other laws relating to the registration of motor vehicles,
including presentation of any inspection certificate required to be
obtained for the motor vehicle under section 3704.14 of the Revised
Code.
(C)
The
(1)
For each application for registration and registration renewal notice
the registrar receives under this section, the registrar
shall collect a contribution of twenty-five dollars
for
each application for registration and registration renewal notice
under this section.
The
registrar shall transmit
deposit
this
contribution to
the treasurer of state for deposit into
the
state treasury to the credit of the
license plate contribution fund created by
in
section
4501.21 of the Revised Code. The
additional
(2)
The registrar shall deposit the administrative fee
not
to exceed of
ten
dollars
that
the applicant for registration voluntarily pays for the purpose of
compensating,
which is to compensate the
bureau of
motor vehicles for
the additional services required in the issuing of the applicant's
collegiate
license plates
shall
be transmitted,
into
the state treasury to the credit of the public safety - highway
purposes fund created in section 4501.06 of the Revised Code.
(D) The registrar, in accordance with Chapter 119. of the Revised Code, shall adopt rules necessary for the efficient administration of the collegiate license plate program.
(E) As used in this section, "university or college" means a state university or college or a private university or college located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code. "University or college" also includes community colleges created pursuant to Chapter 3354. of the Revised Code, university branches created pursuant to Chapter 3355. of the Revised Code, technical colleges created pursuant to Chapter 3357. of the Revised Code, and state community colleges created pursuant to Chapter 3358. of the Revised Code.
Sec. 4503.513. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or vehicle of a class approved by the registrar of motor vehicles, who is a member of a historically black fraternity or sorority, may apply to the registrar for the registration of the vehicle and issuance of "historically black fraternity-sorority" license plates bearing the name or Greek letters of the historically black fraternity or sorority of which the applicant is a member. The request for a "historically black fraternity-sorority" license plate may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application, proof of membership in a historically black fraternity or sorority as required by the registrar, and compliance with division (B) of this section, the registrar shall issue to the applicant appropriate vehicle registration and the particular "historically black fraternity-sorority" license plates indicating the fraternity or sorority of which the applicant is a member, with a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, each "historically black fraternity-sorority" license plate shall be inscribed with the name of a historically black fraternity or sorority or the Greek letters of the fraternity or sorority, or both. The registrar shall approve the design of each "historically black fraternity-sorority" license plate, and the license plates shall bear county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) The "historically black fraternity-sorority" license plates and validation sticker shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, and an additional fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C) The additional fee of ten dollars specified in division (B) of this section is to compensate the bureau of motor vehicles for additional services required in the issuing of "historically black fraternity-sorority" license plates. The registrar shall deposit this additional fee into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections
4503.77 and 4503.78 of the Revised Code do not apply to license
plates issued under this section.
(E)
As
used in this section, "historically black fraternity or
sorority" means the alpha kappa alpha sorority, inc., alpha phi
alpha fraternity, inc., delta sigma theta sorority, inc., zeta phi
beta sorority, inc., iota phi theta fraternity, inc., kappa alpha psi
fraternity, inc., sigma gamma rho sorority, inc., phi beta sigma
fraternity, inc., and omega psi phi fraternity, inc., each belonging
to the national pan-hellenic council, inc.
Sec. 4503.573. (A) As used in this section, "sportsmen's license plate" means any of four license plates created by this section, featuring either the walleye (Stizostedion vitreum), smallmouth bass (Micropterus dolomieu), white-tailed deer (Odocoileus virginianus), or wild turkey (Meleagris gallopavo).
(B) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of sportsmen's license plates. The application for sportsmen's license plates shall specify which of the four sportsmen's license plates the applicant is requesting. The application also may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with division (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration, a set of the specifically requested sportsmen's license plates, and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, sportsmen's license plates shall be inscribed with identifying words and the figure of either a walleye, smallmouth bass, white-tailed deer, or wild turkey. Each kind of sportsmen's license plate shall be designed by the division of wildlife and approved by the registrar. Sportsmen's license plates shall bear county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(C) The sportsmen's license plates and validation sticker shall be issued upon the receipt of a contribution as provided in division (D) of this section and upon payment of the regular license tax prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, any additional applicable fee prescribed under section 4503.40 or 4503.42 of the Revised Code, and a bureau of motor vehicles fee not to exceed ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
The purpose of the bureau of motor vehicles fee specified in division (C) of this section is to compensate the bureau for additional services required in the issuing of sportsmen's license plates, and the registrar shall deposit all such fees into the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D) For each application for registration and registration renewal the registrar receives under this section, the registrar shall collect a contribution in an amount not to exceed forty dollars, as determined by the division of wildlife. The registrar shall transmit this contribution to the treasurer of state for deposit in the wildlife fund created in section 1531.17 of the Revised Code.
(E)
Sections 4503.77 and 4503.78 of the Revised Code individually apply
to each kind of sportsmen's license plate created by this section.
Sec. 4503.581. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "Ohio Sons of the American Legion" license plates. The application may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Ohio Sons of the American Legion" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Ohio Sons of the American Legion" license plates shall display an appropriate logo and words that are selected by representatives of the Ohio sons of the American legion and approved by the registrar. "Ohio Sons of the American Legion" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Ohio Sons of the American Legion" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of ten dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in the issuing of "Ohio Sons of the American Legion" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4503.591. (A) If a professional sports team located in this state desires to have its logo appear on license plates issued by this state, it shall enter into a contract with either a sports commission to permit such display, as permitted by division (E) of this section, or with a community charity, as permitted by division (G) of this section.
(B) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of license plates bearing the logo of a professional sports team that has entered into a contract described in division (A) of this section. The application shall designate the sports team whose logo the owner or lessee desires to appear on the license plates. Failure to designate a participating professional sports team shall result in rejection by the registrar of the registration application. An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (C) and (D) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of license plates bearing the logo of the professional sports team the owner designated in the application and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, professional sports team license plates shall bear the logo of a participating professional sports team, and shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(C) The professional sports team license plates and validation sticker, or validation sticker alone, as the case may be, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, an additional fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for a professional sports team license plate is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker, or validation sticker alone, shall be issued upon payment of the taxes and fees described in this division plus the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code and compliance with all other applicable laws relating to the registration of motor vehicles.
(D) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of twenty-five dollars. The registrar shall transmit this contribution to the treasurer of state for deposit into the license plate contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten dollars, which is to compensate the bureau of motor vehicles for the additional services required in the issuing of professional sports team license plates, to the treasurer of state for deposit into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(E)
If a professional sports team located in this state desires to have
its logo appear on license plates issued by this state and it desires
to do so pursuant to this division, it shall inform the largest
convention and visitors' bureau of the county in which the
professional sports team is located of that desire. That convention
and visitors' bureau shall create a sports commission to operate in
that county to receive the contributions that are paid by applicants
who choose to be issued license plates bearing the logo of that
professional sports team for display on their motor vehicles. The
sports commission shall negotiate with the professional sports team
to permit the display of the team's logo on license plates issued by
this state, enter into the contract with the team to permit such
display, and pay to the team any licensing or rights fee that must be
paid in connection with the issuance of the license plates. Upon
execution of the contract, the sports commission shall provide a copy
of it to the registrar, along with any other documentation the
registrar may require. Upon receipt of the contract and any required
additional documentation, and when the numerical requirement
contained in division
(A) of section
4503.78 of the Revised Code has been met relative to that particular
professional sports team, the registrar shall take the measures
necessary to issue license plates bearing the logo of that team.
(F) A sports commission shall expend the money it receives pursuant to section 4501.21 of the Revised Code to attract amateur regional, national, and international sporting events to the municipal corporation, county, or township in which it is located, and it may sponsor such events. Prior to attracting or sponsoring such events, the sports commission shall perform an economic analysis to determine whether the proposed event will have a positive economic effect on the greater area in which the event will be held. A sports commission shall not expend any money it receives under that section to attract or sponsor an amateur regional, national, or international sporting event if its economic analysis does not result in a finding that the proposed event will have a positive economic effect on the greater area in which the event will be held.
A sports commission that receives money pursuant to that section, in addition to any other duties imposed on it by law and notwithstanding the scope of those duties, also shall encourage the economic development of this state through the promotion of tourism within all areas of this state. A sports commission that receives ten thousand dollars or more during any calendar year shall submit a written report to the director of development, on or before the first day of October of the next succeeding year, detailing its efforts and expenditures in the promotion of tourism during the calendar year in which it received the ten thousand dollars or more.
As used in this division, "promotion of tourism" means the encouragement through advertising, educational and informational means, and public relations, both within the state and outside of it, of travel by persons away from their homes for pleasure, personal reasons, or other purposes, except to work, to this state or to the region in which the sports commission is located.
(G)
If a professional sports team located in this state desires to have
its logo appear on license plates issued by this state and it does
not desire to do so pursuant to division (E) of this section, it
shall do so pursuant to this division. The professional sports team
shall notify a community charity of that desire. That community
charity may negotiate with the professional sports team to permit the
display of the team's logo on license plates issued by this state,
enter into a contract with the team to permit such display, and pay
to the team any licensing or rights fee that must be paid in
connection with the issuance of the license plates. Upon execution of
a contract, the community charity shall provide a copy of it to the
registrar along with any other documentation the registrar may
require. Upon receipt of the contract and any required additional
documentation, and when the numerical requirement contained in
division
(A) of section
4503.78 of the Revised Code has been met relative to that particular
professional sports team, the registrar shall take the measures
necessary to issue license plates bearing the logo of that team.
(H)(1) A community charity shall expend the money it receives pursuant to section 4501.21 of the Revised Code solely to provide financial support to a sports commission for the purposes described in division (F) of this section and to nonprofit organizations located in this state that seek to improve the lives of those who are less fortunate and who reside in the region and state in which is located the sports team with which the community charity entered into a contract pursuant to division (G) of this section. Such organizations shall achieve this purpose through activities such as youth sports programs; educational, health, social, and community service programs; or services such as emergency assistance or employment, education, housing, and nutrition services.
The community charity shall not expend any money it receives pursuant to section 4501.21 of the Revised Code if the expenditure will be received by a nonprofit organization that will use the money in a manner or for a purpose that is not described in this division.
(2) The community charity shall provide a written quarterly report to the director of development and the director of job and family services detailing the expenditures of the money it receives pursuant to section 4501.21 of the Revised Code. The report shall include the amount of such money received and an accounting of all expenditures of such money.
(I) For purposes of this section:
(1) The "largest" convention and visitors' bureau of a county is the bureau that receives the largest amount of money generated in that county from excise taxes levied on lodging transactions under sections 351.021, 5739.08, and 5739.09 of the Revised Code.
(2) "Sports commission" means a nonprofit corporation organized under the laws of this state that is entitled to tax exempt status under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, and whose function is to attract, promote, or sponsor sports and athletic events within a municipal corporation, county, or township.
Such a commission shall consist of twenty-one members. Seven members shall be appointed by the mayor of the largest city to be served by the commission. Seven members shall be appointed by the board of county commissioners of the county to be served by the commission. Seven members shall be appointed by the largest convention and visitors' bureau in the area to be served by the commission. A sports commission may provide all services related to attracting, promoting, or sponsoring such events, including, but not limited to, the booking of athletes and teams, scheduling, and hiring or contracting for staff, ushers, managers, and other persons whose functions are directly related to the sports and athletic events the commission attracts, promotes, or sponsors.
(3) "Community charity" means a nonprofit corporation organized under the laws of this state that is entitled to tax exempt status under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended, and that enters into a contract with a professional sports team pursuant to division (G) of this section.
(4) "Nonprofit organization" means a nonprofit corporation organized under the laws of this state that is entitled to tax exempt status under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended, and that receives money from a community charity pursuant to division (H)(1) of this section.
Sec. 4503.593. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "Post-Traumatic Stress" license plates. An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Post-Traumatic Stress" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Post-Traumatic Stress" license plates shall be inscribed with identifying words or markings that are designed by the director of mental health and addiction services and that are approved by the registrar. "Post-Traumatic Stress" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Post-Traumatic Stress" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of forty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the post-traumatic stress license plate contribution fund created in division (D) of this section.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Post-Traumatic Stress" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D) There is hereby created in the state treasury the post-traumatic stress license plate contribution fund. The fund shall consist of money deposited into it by the registrar under this section. The director of mental health and addiction services or the director's designee shall use money in the fund to issue grants to nonprofit organizations that help victims of violence recover from post-traumatic stress. Such nonprofit organizations shall use the grants to provide services to such victims. The director shall approve the nonprofit organizations that receive such grants and the amounts paid to each such nonprofit organization.
(E)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4503.65. The rates established under this section apply to commercial cars and buses that are subject to apportioned rates under the international registration plan.
(A) The rates of annual registration taxes, based on gross vehicle weight or combined gross vehicle weight, for commercial cars that are apportionable are as follows:
(1) For not more than two thousand pounds, one hundred ten dollars;
(2)
For more than two thousand but not more than six thousand pounds, one
hundred twenty-five
thirty-five
dollars;
(3)
For more than six thousand but not more than ten thousand pounds, one
hundred forty
fifty
dollars;
(4)
For more than ten thousand but not more than fourteen thousand
pounds, one hundred sixty
seventy
dollars;
(5)
For more than fourteen thousand but not more than eighteen thousand
pounds, one hundred eighty
ninety
dollars;
(6)
For more than eighteen thousand but not more than twenty-two thousand
pounds, two hundred five
fifteen
dollars;
(7)
For more than twenty-two thousand but not more than twenty-six
thousand pounds, two hundred thirty
forty
dollars;
(8)
For more than twenty-six thousand but not more than thirty thousand
pounds, four hundred ten
twenty
dollars;
(9)
For more than thirty thousand but not more than thirty-four thousand
pounds, four hundred seventy-five
eighty-five
dollars;
(10)
For more than thirty-four thousand but not more than thirty-eight
thousand pounds, five hundred thirty-five
forty-five
dollars;
(11)
For more than thirty-eight thousand but not more than forty-two
thousand pounds, five
six
hundred
ninety-five
five
dollars;
(12)
For more than forty-two thousand but not more than forty-six thousand
pounds, six hundred fifty-five
sixty-five
dollars;
(13)
For more than forty-six thousand but not more than fifty thousand
pounds, seven hundred fifteen
twenty-five
dollars;
(14)
For more than fifty thousand but not more than fifty-four thousand
pounds, seven hundred eighty
ninety
dollars;
(15)
For more than fifty-four thousand but not more than fifty-eight
thousand pounds, eight hundred forty
fifty
dollars;
(16)
For more than fifty-eight thousand but not more than sixty-two
thousand pounds, nine hundred ten
twenty
dollars;
(17)
For more than sixty-two thousand but not more than sixty-six thousand
pounds, nine hundred eighty
ninety
dollars;
(18)
For more than sixty-six thousand but not more than seventy thousand
pounds, one thousand fifty
sixty
dollars;
(19)
For more than seventy thousand but not more than seventy-four
thousand pounds, one thousand one hundred thirty-five
forty-five
dollars;
(20)
For more than seventy-four thousand but not more than seventy-eight
thousand pounds, one thousand two hundred fifty-five
sixty-five
dollars;
(21)
For more than seventy-eight thousand pounds, one thousand three
four
hundred
ninety-five
five
dollars.
(B) The rates of annual registration taxes imposed, based on gross vehicle weight or combined gross vehicle weight, for buses that are apportionable are as follows:
(1)
For not more than two thousand pounds, forty-six
fifty-six
dollars;
(2)
For more than two thousand but not more than six thousand pounds,
seventy-six
eighty-six
dollars;
(3)
For more than six thousand but not more than ten thousand pounds, one
hundred thirty-six
forty-six
dollars;
(4)
For more than ten thousand but not more than fourteen thousand
pounds, two hundred sixteen
twenty-six
dollars;
(5)
For more than fourteen thousand but not more than eighteen thousand
pounds, two
three
hundred
ninety-six
six
dollars;
(6)
For more than eighteen thousand but not more than twenty-two thousand
pounds, three hundred seventy-six
eighty-six
dollars;
(7)
For more than twenty-two thousand but not more than twenty-six
thousand pounds, four hundred fifty-six
sixty-six
dollars;
(8)
For more than twenty-six thousand but not more than thirty thousand
pounds, five hundred thirty-six
forty-six
dollars;
(9)
For more than thirty thousand but not more than thirty-four thousand
pounds, six hundred sixteen
twenty-six
dollars;
(10)
For more than thirty-four thousand but not more than thirty-eight
thousand pounds, six
seven
hundred
ninety-six
six
dollars;
(11)
For more than thirty-eight thousand but not more than forty-two
thousand pounds, seven hundred seventy-six
eighty-six
dollars;
(12)
For more than forty-two thousand but not more than forty-six thousand
pounds, eight hundred fifty-six
sixty-six
dollars;
(13)
For more than forty-six thousand but not more than fifty thousand
pounds, nine hundred seventy-six
eighty-six
dollars;
(14)
For more than fifty thousand but not more than fifty-four thousand
pounds, one thousand thirty-six
forty-six
dollars;
(15)
For more than fifty-four thousand but not more than fifty-eight
thousand pounds, one thousand one hundred twenty-six
thirty-six
dollars;
(16)
For more than fifty-eight thousand but not more than sixty-two
thousand pounds, one thousand two hundred sixteen
twenty-six
dollars;
(17)
For more than sixty-two thousand but not more than sixty-six thousand
pounds, one thousand three hundred six
sixteen
dollars;
(18)
For more than sixty-six thousand but not more than seventy thousand
pounds, one thousand three
four
hundred
ninety-six
six
dollars;
(19)
For more than seventy thousand but not more than seventy-four
thousand pounds, one thousand four hundred eighty-six
ninety-six
dollars;
(20)
For more than seventy-four thousand but not more than seventy-eight
thousand pounds, one thousand five hundred seventy-six
eighty-six
dollars;
(21)
For more than seventy-eight thousand pounds, one thousand six hundred
sixty-six
seventy-six
dollars.
(C)(1) Applications for the in-state registration of a commercial car or commercial bus under the international registration plan shall be filed with the registrar. The registrar shall use the appropriate amount under division (A) or (B) of this section as the base rate for purposes of determining the registration taxes due to this state in accordance with rules adopted under section 4503.63 of the Revised Code for apportionment purposes.
(2) With regard to a commercial car or commercial bus that is registered in this state and is subject to the international registration plan, the registrar or deputy registrar shall charge a fee equal to the amount established under section 4503.038 of the Revised Code, plus an appropriate amount to cover the cost of postage.
(3) With regard to a commercial car or commercial bus that is registered in this state and is subject to the international registration plan, if an application for registration renewal is not applied for prior to the expiration date of the registration or within thirty days after that date, the registrar or deputy registrar shall collect a fee of ten dollars for the issuance of the vehicle registration. The registrar may waive the fee for good cause shown if the application is accompanied by supporting evidence as the registrar may require.
(D) The registrar of motor vehicles shall take all steps necessary to determine and collect the apportioned registration tax due for vehicles registered in another international registration plan jurisdiction that lists Ohio for apportionment purposes on a uniform mileage schedule. The registration taxes charged shall be determined on the basis of the annual tax otherwise due on the motor vehicle, prorated in accordance with the number of months for which the motor vehicle is registered. The base rate shall be the applicable amount under division (A) or (B) of this section.
Sec. 4503.67. (A) If the national organization of the boy scouts of America desires to have its logo appear on license plates issued by this state, a representative of the Dan Beard council shall enter into a contract with the registrar of motor vehicles as provided in division (D) of this section. The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar may apply to the registrar for the registration of the vehicle and issuance of license plates bearing the logo of the boy scouts of America if the council representative has entered into such a contract. An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of license plates bearing the logo of the boy scouts of America and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, the plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) The boy scouts logo license plates and validation sticker, or validation sticker alone, as the case may be, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of boy scouts license plates, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for a boy scouts license plate is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker, or validation sticker alone, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the plates, the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of fifteen dollars. The registrar shall transmit this contribution to the treasurer of state for deposit into the license plate contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten dollars paid to compensate the bureau for the additional services required in the issuing of boy scouts license plates to the treasurer of state for deposit into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(D)
If the national organization of the boy scouts of America desires to
have its logo appear on license plates issued by this state, a
representative of the Dan Beard council shall contract with the
registrar to permit the display of the logo on license plates issued
by this state. Upon execution of the contract, the council shall
provide a copy of it to the registrar, along with any other
documentation the registrar may require. Upon receiving the contract
and any required additional documentation, and when the numerical
requirement contained in division
(A) of section
4503.78 of the Revised Code has been met relative to the boy scouts
of America, the registrar shall take the measures necessary to issue
license plates bearing the logo of the boy scouts of America.
Sec. 4503.68. (A) If the national organization of the girl scouts of the United States of America desires to have its logo appear on license plates issued by this state, a representative of the girl scouts of Ohio's heartland shall enter into a contract with the registrar of motor vehicles as provided in division (D) of this section. The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar may apply to the registrar for the registration of the vehicle and issuance of license plates bearing the logo of the girl scouts of the United States of America if the girl scouts of Ohio's heartland representative has entered into such a contract. An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of license plates bearing the logo of the girl scouts of the United States of America and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, the plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) The girl scouts logo license plates and validation sticker, or validation sticker alone, as the case may be, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of girl scouts license plates, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for a girl scouts license plate is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker, or validation sticker alone, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the plates, the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of fifteen dollars. The registrar shall transmit this contribution to the treasurer of state for deposit into the license plate contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten dollars paid to compensate the bureau for the additional services required in the issuing of girl scouts license plates to the treasurer of state for deposit into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(D)
If the national organization of the girl scouts of the United States
of America desires to have its logo appear on license plates issued
by this state, a representative from the girl scouts of Ohio's
heartland shall contract with the registrar to permit the display of
the logo on license plates issued by this state. Upon execution of
the contract, the girl scouts of Ohio's heartland shall provide a
copy of it to the registrar, along with any other documentation the
registrar may require. Upon receiving the contract and any required
additional documentation, and when the numerical requirement
contained in division
(A) of section
4503.78 of the Revised Code has been met relative to the girl scouts
of the United States of America, the registrar shall take the
measures necessary to issue license plates bearing the logo of the
girl scouts of the United States of America.
Sec. 4503.69. (A) If the national organization of the eagle scouts desires to have its logo appear on license plates issued by this state, a representative of the Dan Beard council shall enter into a contract with the registrar of motor vehicles as provided in division (D) of this section. The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar may apply to the registrar for the registration of the vehicle and issuance of license plates bearing the logo of the eagle scouts if the council representative has entered into such a contract on behalf of the eagle scouts. An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of license plates bearing the logo of the eagle scouts and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, the plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) The eagle scouts logo license plates and validation sticker, or validation sticker alone, as the case may be, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of eagle scouts license plates, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for an eagle scouts license plate is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker, or validation sticker alone, shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a fee of ten dollars for the purpose of compensating the bureau of motor vehicles for additional services required in the issuing of the plates, the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of fifteen dollars. The registrar shall transmit this contribution to the treasurer of state for deposit into the license plate contribution fund created by section 4501.21 of the Revised Code.
The registrar shall transmit the additional fee of ten dollars paid to compensate the bureau for the additional services required in the issuing of eagle scouts license plates to the treasurer of state for deposit into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(D)
If the national organization of the eagle scouts desires to have its
logo appear on license plates issued by this state, a representative
from the Dan Beard council shall contract with the registrar to
permit the display of the logo on license plates issued by this
state. Upon execution of the contract, the council shall provide a
copy of it to the registrar, along with any other documentation the
registrar may require. Upon receiving the contract and any required
additional documentation, and when the numerical requirement
contained in division
(A) of section
4503.78 of the Revised Code has been met relative to the eagle
scouts, the registrar shall take the measures necessary to issue
license plates bearing the logo of the eagle scouts.
Sec.
4503.771
4503.77.
(A)
The sponsor of a nonstandard
specialty
license
plate, as
defined when
the contributions for that specialty license plate are credited to
the license plate contribution fund established in
section 4503.77
4501.21
of
the Revised Code, shall verify the contact information for that
sponsor by the first day of December of each year on a form
established by the registrar of motor vehicles. If the sponsor fails
to verify such contact information by the thirty-first day of
December of any year, the registrar, beginning the first day of
January of the following year, shall transmit the contribution for
each registration involving that nonstandard
specialty
license
plate to the treasurer of state for deposit into the general revenue
fund, instead of for deposit in the license plate contribution fund
created
in section 4501.21 of the Revised Code.
The registrar also immediately shall send a notice to the sponsor
that no additional funds will be deposited into the license plate
contribution fund until the contact information form is received by
the registrar. Upon receiving the contact information form, the
registrar shall resume transmitting the contributions received for
that license plate to the treasurer of state for deposit into the
license plate contribution fund and later distribution to the
sponsor.
(B)
If the sponsor of a nonstandard
specialty
license
plate ceases to exist, the registrar shall deposit the contributions
for the associated license plate into the general revenue fund. If
that sponsor is later reestablished, the sponsor shall submit to the
registrar written confirmation of the sponsor's reestablishment along
with the contact information form. Upon receipt of the confirmation
and form, the registrar shall resume transmitting all contributions
received for the associated license plate into the license plate
contribution fund for later distribution to the sponsor.
Sec.
4503.78. (A)
Except
as may otherwise be specifically provided by law, the registrar of
motor vehicles is not required to implement any legislation that
creates a specialty
license
plate and provides for its issuance until the registrar receives
written statements from not less than one hundred fifty persons,
indicating that they intend to apply for and obtain such license
plates for their motor vehicles. The registrar may require such
statements to be made on a form the registrar provides.
(B)
If a program involving a nonstandard license plate is terminated
under division (B)(1) of section 4503.77 of the Revised Code, the
sponsor of that license plate may apply to the registrar for the
reestablishment of that program, as permitted by division (D) of that
section. The registrar shall not reestablish the program involving
that nonstandard license plate until the registrar receives written
statements from not less than twenty-five persons, indicating that
they intend to apply for and obtain such license plates for their
motor vehicles. The registrar may require such statements to be made
on a form approved by the registrar.
In
determining whether twenty-five persons have so indicated their
intentions, the registrar shall include in the total the number of
motor vehicles that continue to display the nonstandard license plate
of the terminated program, as permitted by division (C) of section
4503.77 of the Revised Code.
Sec.
4503.791
4503.79.
Beginning
on the date that is six months after the effective date of this
section, any motor vehicle (A)
Except as may otherwise specifically be provided by the general
assembly, the registrar shall issue a specialty license
plate
that
is in existence on the effective date of this section and for which
the registrar of motor vehicles or a deputy registrar collects a
contribution from the person who applies for the registration of the
motor vehicle and, except as may otherwise specifically be provided
by the general assembly,
any
license plate created after the effective date of this section for
which the registrar or a deputy registrar collects a contribution
from the person who applies for the registration of the motor
vehicle, shall be eligible to be issued to for
a passenger car, a
noncommercial vehicle, a
recreational
vehicle, or any other vehicle of a class approved by the registrar.
(B) The contribution amount for any specialty license plate shall be the same each year, regardless of whether the application is for the initial issuance or the renewal of that specialty license plate.
Sec. 4503.83. (A) The owner or lessee of a fleet of apportioned vehicles may apply to the registrar of motor vehicles for the registration of any apportioned vehicle, commercial trailer, or other vehicle of a class approved by the registrar and issuance of company logo license plates. The initial application shall be for not less than fifty eligible vehicles. The applicant shall provide the registrar the artwork for the company logo plate in a format designated by the registrar. The registrar shall approve the artwork or return the artwork for modification in accordance with any design requirements reasonably imposed by the registrar.
Upon
approval of the artwork and receipt of the completed application and
compliance with divisions (B) and (C) of this section, the registrar
shall issue to the applicant the appropriate vehicle registration and
the appropriate number of company logo license plates
with
a validation sticker or a validation sticker alone when required by
section 4503.191 of the Revised Code, except that no validation
sticker shall be issued under this section for either of the
following:
(1)
A motor vehicle for which the registration tax is specified in
section 4503.042 of the Revised Code;
(2)
A motor vehicle that is issued a universal validation sticker under
division (A)(2) of section 4503.191 of the Revised Code, except as
provided by that section.
In addition to the letters and numbers ordinarily inscribed on license plates, company logo license plates shall be inscribed with words and markings requested by the applicant and approved by the registrar.
(B)
A company logo license plate and
a validation sticker or, when applicable, a validation sticker alone
shall
be issued upon payment of the applicable regular license tax
prescribed in section 4503.042 or 4503.65 of the Revised Code for the
registration of a vehicle in this state, any applicable fees
prescribed in section 4503.10 of the Revised Code, any applicable
motor vehicle tax levied under Chapter 4504. of the Revised Code, a
bureau of motor vehicles fee of six dollars when a company logo
license plate actually is issued, and compliance with all other
applicable laws relating to the registration of motor vehicles. If a
company logo plate is issued to replace an existing license plate for
the same vehicle, the replacement license plate fees prescribed in
division (A) of section 4503.19 of the Revised Code shall not apply.
(C) The registrar shall deposit the bureau of motor vehicles fee specified in division (B) of this section, the purpose of which is to compensate the bureau for the additional services required in issuing company logo license plates, in the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
Sec.
4503.871. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles,
and, effective January 1, 2017, the owner or lessee of any
motor-driven cycle or motor scooter
may
apply to the registrar for the registration of the vehicle and
issuance of "Solon City Schools" license plates. The
application for "Solon City Schools" license plates may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the
completed application and compliance with division (B) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "Solon City Schools"
license plates with a validation sticker or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In
addition to the letters and numbers ordinarily inscribed thereon,
"Solon City Schools" license plates shall bear
display
words
and markings selected by representatives
of the
Solon city school district.
The
and
that are approved by the registrar
shall
approve the final design.
"Solon City Schools" license plates shall bear
display
county
identification stickers that identify the county of registration as
required under section 4503.19 of the Revised Code.
(B)
"Solon City Schools" license plates and a
validation
stickers
sticker,
or a validation sticker alone, shall
be issued upon receipt
of an application for registration of a motor vehicle under this
section; payment
of the regular license tax as prescribed under section 4503.04 of the
Revised Code, any applicable motor vehicle tax levied under Chapter
4504. of the Revised Code, any
applicable additional fee prescribed by section 4503.40 or 4503.42 of
the Revised Code, a
bureau of motor vehicles administrative fee of ten dollars, and
the
contribution specified in division (C)(1)
of
this section,;
and
compliance with all other applicable laws relating to the
registration of motor vehicles. If
the application for "Solon City Schools" license plates is
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code, the license plates
and validation sticker shall be issued upon payment of the
contribution, fees, and taxes contained in this division and the
additional fee prescribed under section 4503.40 or 4503.42 of the
Revised Code.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "Solon City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.873. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Padua Franciscan High School" license plates.
The application may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the Revised Code.
Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Padua Franciscan High School" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Padua Franciscan High School" license plates shall display an appropriate logo and words selected by Padua Franciscan high school and that are approved by the registrar. "Padua Franciscan High School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Padua Franciscan High School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in the issuing of "Padua Franciscan High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.874. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles,
and, effective January 1, 2017, the owner or lessee of any
motor-driven cycle or motor scooter
may
apply to the registrar for the registration of the vehicle and
issuance of "Lakewood St. Edward High School" license
plates. The application for "Lakewood St. Edward High School"
license plates may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the Revised Code.
Upon receipt of the completed application and compliance with
division (B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of "Lakewood
St. Edward High School" license plates with a validation sticker
or a validation sticker alone when required by section 4503.191 of
the Revised Code.
In
addition to the letters and numbers ordinarily inscribed thereon,
"Lakewood St. Edward High School" license plates shall bear
display
words
and markings selected by representatives
of Lakewood
St. Edward high school.
The registrar shall approve the final design
and
that are approved by the registrar.
"Lakewood St. Edward High School" license plates shall bear
display
county
identification stickers that identify the county of registration as
required under section 4503.19 of the Revised Code.
(B) "Lakewood St. Edward High School" license plates and validation stickers shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, the contribution specified in division (C)(1) of this section, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for "Lakewood St. Edward High School" license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "Lakewood St. Edward High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.875. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Walsh Jesuit High School" license plates. The
application for "Walsh Jesuit High School" license plates
may be combined with a request for a special reserved license plate
under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of
the completed application and compliance with divisions (B) and (C)
of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Walsh Jesuit High
School" license plates with a validation sticker or a validation
sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, "Walsh Jesuit High School" license plates shall bear words and markings selected by Walsh Jesuit high school and that are approved by the registrar. "Walsh Jesuit High School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Walsh Jesuit High School" license plates and validation stickers shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, the contribution specified in division (C)(1) of this section, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for "Walsh Jesuit High School" license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "Walsh Jesuit High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.876. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor cycle,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "North Royalton City Schools" license plates.
The application for "North Royalton City Schools" license
plates may be combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with divisions
(B) and (C) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of "North
Royalton City Schools" license plates with a validation sticker,
or a validation sticker alone when required by section 4503.191 of
the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, "North Royalton City Schools" license plates shall bear words and markings selected by the North Royalton city school district and that are approved by the registrar. "North Royalton City Schools" license plates shall display county identification stickers that identify the county of registration by name or number.
(B) "North Royalton City Schools" license plates and validation stickers shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, the contribution specified in division (C)(1) of this section, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for "North Royalton City Schools" license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "North Royalton City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.877. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle,
or
other vehicle of a class approved by the registrar of motor vehicles,
and, effective January 1, 2017, the owner or lessee of any
motor-driven cycle or motor scooter
may
apply to the registrar for the registration of the vehicle and
issuance of "Independence Local Schools" license plates.
The application for "Independence Local Schools" license
plates may be combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with division (B)
of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Independence
Local Schools" license plates with a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In
addition to the letters and numbers ordinarily inscribed thereon,
"Independence Local Schools" license plates shall bear
display
words
and markings selected by representatives
of the
Independence local school district.
The registrar shall approve the final design
and
that are approved by the registrar.
"Independence Local Schools" license plates shall bear
display
county
identification stickers that identify the county of registration as
required under section 4503.19 of the Revised Code.
(B) "Independence Local Schools" license plates and validation stickers shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, the contribution specified in division (C)(1) of this section, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for "Independence Local Schools" license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "Independence Local Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.878. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Cuyahoga Heights Schools" license plates.
The application for "Cuyahoga Heights Schools" license plates may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Cuyahoga Heights Schools" license plates with a validation sticker or a validation sticker alone when required by section 4503.191 of the Revised Code.
In
addition to the letters and numbers ordinarily inscribed thereon,
"Cuyahoga Heights Schools" license plates shall bear
display
words
and markings selected by the Cuyahoga Heights local school district
and that are approved by the registrar. "Cuyahoga Heights
Schools" license plates shall display county identification
stickers that identify the county of registration as required under
section 4503.19 of the Revised Code.
(B) "Cuyahoga Heights Schools" license plates and validation stickers shall be issued upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle tax levied under Chapter 4504. of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, the contribution specified in division (C)(1) of this section, and compliance with all other applicable laws relating to the registration of motor vehicles. If the application for "Cuyahoga Heights Schools" license plates is combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code, the license plates and validation sticker shall be issued upon payment of the contribution, fees, and taxes contained in this division and the additional fee prescribed under section 4503.40 or 4503.42 of the Revised Code.
(C)(1) For each initial and renewal application for registration the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in issuing "Cuyahoga Heights Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4503.879. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "West Technical High School Alumni" license plates. The application may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "West Technical High School Alumni" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "West Technical High School Alumni" license plates shall display an appropriate logo and words selected by representatives of the west technical high school alumni association that are approved by the registrar. "West Technical High School Alumni" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "West Technical High School Alumni" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of twenty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in the issuing of "West Technical High School Alumni" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.88. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles,
may apply to the registrar for the registration of the vehicle and
issuance of "Kenston Local Schools" license plates. An
application made under this section may be combined with a request
for a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "Kenston Local Schools"
license plates with a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Kenston Local Schools" license plates shall be inscribed with words and markings selected by representatives of the Kenston local school district and that are approved by the registrar. "Kenston Local Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Kenston Local Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Kenston Local Schools" license plates, into the state treasury to the credit of the state highway safety fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.892. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Hudson City Schools" license plates. An
application made under this section may be combined with a request
for a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "Hudson City Schools"
license plates and a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Hudson City Schools" license plates shall be inscribed with words and markings selected and designed by representatives of the Hudson city school district and that are approved by the registrar. "Hudson City Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Hudson City Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Hudson City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4503.901. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "Ohio Pupil Transportation Safety First!!!" license plates. The application may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Ohio Pupil Transportation Safety First!!!" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In
addition to the letters and numbers ordinarily inscribed on the
license plates, "Ohio Pupil Transportation Safety First!!!"
license plates shall be inscribed with the words "Ohio Pupil
Transportation Safety First!!!" and a design, logo, or marking
designed by the Ohio association for pupil transportation t
hat and
that is approved by the registrar. "Ohio
Pupil Transportation Safety First!!!" license plates shall
display county identification stickers that identify the county of
registration as required under section 4503.19 of the Revised Code.
(B)
"Ohio Pupil Transportation Safety First!!!" license plates
and a validation sticker, or validation sticker alone, s
hall shall
be issued upon receipt of an application for
registration of a motor vehicle under this section; payment of the
regular license tax as prescribed under section 4503.04 of the
Revised Code, any applicable motor vehicle license tax levied under
Chapter 4504. of the Revised Code, any applicable additional fee
prescribed by section 4503.40 or 4503.42 of the Revised Code, a
bureau of motor vehicles administrative fee of ten dollars, and a
contribution as provided in division (C)(1)
of this section; and compliance with all other applicable laws
relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of ten dollars. The registrar shall transmit this contribution to the treasurer of state for deposit into the state treasury to the credit of the license plate contribution fund created by section 4501.21 of the Revised Code.
(2) The registrar shall transmit the bureau of motor vehicles administrative fee of ten dollars, the purpose of which is to compensate the bureau for the additional services required in the issuing of "Ohio Pupil Transportation Safety First!!!" license plates, to the treasurer of state for deposit into the state treasury to the credit of the public safety - highway purposes fund created by section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.902. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles,
and, effective January 1, 2017, the owner or lessee of any
motor-driven cycle or motor scooter
may
apply to the registrar for the registration of the vehicle and
issuance of "Cleveland St. Ignatius High School" license
plates. An application made under this section may be combined with a
request for a special reserved license plate under section 4503.40 or
4503.42 of the Revised Code. Upon receipt of the completed
application and compliance by the applicant with divisions (B) and
(C) of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Cleveland St.
Ignatius High School" license plates and a validation sticker,
or a validation sticker alone when required by section 4503.191 of
the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Cleveland St. Ignatius High School" license plates shall be inscribed with words and markings selected and designed by representatives of Cleveland St. Ignatius high school and that are approved by the registrar. "Cleveland St. Ignatius High School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Cleveland St. Ignatius High School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Cleveland St. Ignatius High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.903. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles,
and, effective January 1, 2017, the owner or lessee of any
motor-driven cycle or motor scooter
may
apply to the registrar for the registration of the vehicle and
issuance of "Brecksville-Broadview Heights City Schools"
license plates. An application made under this section may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the
completed application and compliance by the applicant with divisions
(B) and (C) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
"Brecksville-Broadview Heights City Schools" license plates
and a validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Brecksville-Broadview Heights City Schools" license plates shall be inscribed with words and markings selected and designed by representatives of the Brecksville-Broadview Heights city school district and that are approved by the registrar. "Brecksville-Broadview Heights City Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Brecksville-Broadview Heights City Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Brecksville-Broadview Heights City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.904. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle,
motorcycle,
motor-driven cycle, motor scooter, cab-enclosed motorcycle,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Chagrin Falls Exempted Village Schools"
license plates. An application made under this section may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the
completed application and compliance by the applicant with divisions
(B) and (C) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of "Chagrin
Falls Exempted Village Schools" license plates and a validation
sticker, or a validation sticker alone when required by section
4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Chagrin Falls Exempted Village Schools" license plates shall be inscribed with words and markings selected and designed by representatives of the Chagrin Falls exempted village school district and that are approved by the registrar. "Chagrin Falls Exempted Village Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Chagrin Falls Exempted Village Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Chagrin Falls Exempted Village Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.905. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle,
motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles,
may apply to the registrar for the registration of the vehicle and
issuance of "Cuyahoga Valley Career Center" license plates.
An application made under this section may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance by the applicant with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Cuyahoga Valley Career Center" license plates and a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Cuyahoga Valley Career Center" license plates shall be inscribed with words and markings selected and designed by representatives of the Cuyahoga valley career center and that are approved by the registrar. "Cuyahoga Valley Career Center" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Cuyahoga Valley Career Center" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau of motor vehicles administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Cuyahoga Valley Career Center" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.906. (A)
The owner or lessee of any passenger car, noncommmercial
noncommercial
motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Stow-Munroe Falls City Schools" license
plates. An application made under this section may be combined with a
request for a special reserved license plate under section 4503.40 or
4503.42 of the Revised Code. Upon receipt of the completed
application and compliance by the applicant with divisions (B) and
(C) of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Stow-Munroe Falls
City Schools" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Stow-Munroe Falls City Schools" license plates shall be inscribed with words and markings selected and designed by representatives of the Stow-Munroe city school district and that are approved by the registrar. "Stow-Munroe Falls City Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Stow-Munroe Falls City Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Stow-Munroe Falls City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.907. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Twinsburg City Schools" license plates. An
application made under this section may be combined with a request
for a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "Twinsburg City Schools"
license plates and a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Twinsburg City Schools" license plates shall be inscribed with words and markings selected and designed by representatives of the Twinsburg city school district and that are approved by the registrar. "Twinsburg City Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Twinsburg City Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Twinsburg City Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.908. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "St. Xavier High School" license plates. An
application made under this section may be combined with a request
for a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance by the applicant with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "St. Xavier High School"
license plates and a validation sticker, or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "St. Xavier High School" license plates shall be inscribed with words and markings selected and designed by representatives of St. Xavier high school and that are approved by the registrar. "St. Xavier High School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "St. Xavier High School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "St. Xavier High School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4503.909. (A) The owner or lessee of any passenger car, noncommercial motor vehicle, recreational vehicle, or other vehicle of a class approved by the registrar of motor vehicles may apply to the registrar for the registration of the vehicle and issuance of "Grandview Heights Schools" license plates. The application for "Grandview Heights Schools" license plates may be combined with a request for a special reserved license plate under section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed application and compliance with divisions (B) and (C) of this section, the registrar shall issue to the applicant the appropriate vehicle registration and a set of "Grandview Heights Schools" license plates with a validation sticker, or a validation sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon, "Grandview Heights Schools" license plates shall display an appropriate logo and words selected by representatives of the Grandview Heights city school district and that are approved by the registrar. "Grandview Heights Schools" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Grandview Heights Schools" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal submitted under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall pay this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall pay the ten-dollar bureau administrative fee, the purpose of which is to compensate the bureau for additional services required in issuing "Grandview Heights Schools" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.951. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Cincinnati City School District" license
plates. An application made under this section may be combined with a
request for a special reserved license plate under section 4503.40 or
4503.42 of the Revised Code. Upon receipt of the completed
application and compliance by the applicant with divisions (B) and
(C) of this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Cincinnati City
School District" license plates and a validation sticker, or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Cincinnati City School District" license plates shall be inscribed with words and markings selected and designed by representatives of the Cincinnati city school district and that are approved by the registrar. "Cincinnati City School District" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Cincinnati City School District" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of a contribution as provided in division (C)(1) of this section and upon payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a bureau of motor vehicles administrative fee of ten dollars, and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal notice the registrar receives under this section, the registrar shall collect a contribution of ten dollars. The registrar shall transmit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the bureau administrative fee of ten dollars, the purpose of which is to compensate the bureau for additional services required in the issuing of "Cincinnati City School District" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.952. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter, or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Hawken School" license plates. The application
for "Hawken School" license plates may be combined with a
request for a special reserved license plate under section 4503.40 or
4503.42 of the Revised Code. Upon receipt of the completed
application and compliance with divisions (B) and (C) of this
section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of "Hawken School" license
plates with a validation sticker or a validation sticker alone when
required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Hawken School" license plates shall display an appropriate logo and words selected by representatives of Hawken school that are approved by the registrar. "Hawken School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Hawken School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in issuing "Hawken School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.953. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter, or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Gilmour Academy" license plates. The
application for "Gilmour Academy" license plates may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the
completed application and compliance with divisions (B) and (C) of
this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "Gilmour Academy"
license plates with a validation sticker or a validation sticker
alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Gilmour Academy" license plates shall display an appropriate logo and words selected by representatives of Gilmour academy that are approved by the registrar. "Gilmour Academy" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Gilmour Academy" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in issuing "Gilmour Academy" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.954. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "University School" license plates. The
application for "University School" license plates may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of the
completed application and compliance with divisions (B) and (C) of
this section, the registrar shall issue to the applicant the
appropriate vehicle registration and a set of "University
School" license plates with a validation sticker or a validation
sticker alone when required by section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "University School" license plates shall display an appropriate logo and words selected by representatives of University school that are approved by the registrar. "University School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "University School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in issuing "University School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec.
4503.955. (A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, motorcycle,
cab-enclosed motorcycle, motor-driven cycle, motor scooter,
or
other vehicle of a class approved by the registrar of motor vehicles
may apply to the registrar for the registration of the vehicle and
issuance of "Saint Albert the Great School" license plates.
The application for "Saint Albert the Great School" license
plates may be combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application and compliance with divisions
(B) and (C) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of "Saint
Albert the Great School" license plates with a validation
sticker or a validation sticker alone when required by section
4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed on the license plates, "Saint Albert the Great School" license plates shall display an appropriate logo and words selected by representatives of Saint Albert the Great school that are approved by the registrar. "Saint Albert the Great School" license plates shall display county identification stickers that identify the county of registration as required under section 4503.19 of the Revised Code.
(B) "Saint Albert the Great School" license plates and a validation sticker, or validation sticker alone, shall be issued upon receipt of an application for registration of a motor vehicle under this section; payment of the regular license tax as prescribed under section 4503.04 of the Revised Code, any applicable motor vehicle license tax levied under Chapter 4504. of the Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, an additional administrative fee of ten dollars, and a contribution as provided in division (C)(1) of this section; and compliance with all other applicable laws relating to the registration of motor vehicles.
(C)(1) For each application for registration and registration renewal the registrar receives under this section, the registrar shall collect a contribution of thirty dollars. The registrar shall deposit this contribution into the state treasury to the credit of the license plate contribution fund created in section 4501.21 of the Revised Code.
(2) The registrar shall deposit the administrative fee of ten dollars, the purpose of which is to compensate the bureau of motor vehicles for additional services required in issuing "Saint Albert the Great School" license plates, into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(D)
Sections 4503.77 and 4503.78 of the Revised Code do not apply to
license plates issued under this section.
Sec. 4505.01. (A) As used in this chapter:
"Buyer" and "transferee" mean the applicant for a certificate of title.
"Certificate of title" and "title" include an electronic certificate of title, unless otherwise specified.
"Electronic certificate of title" means an electronic record stored in the automated title processing system that establishes ownership of a motor vehicle and any security interests that exist on that motor vehicle.
(1)
"Lien"
includes, unless the context requires a different meaning, a security
interest in a motor vehicle.
(2)
"Motor vehicle" includes manufactured homes, mobile homes,
recreational vehicles, and trailers and semitrailers whose weight
exceeds four thousand pounds.
(3)
"Manufactured
home" has the same meaning as section 3781.06 of the Revised
Code.
(4)
"Mobile home" has the same meaning as in section 4501.01 of
the Revised Code.
(5)
"Manufactured
housing dealer," "manufactured housing broker," and
"manufactured housing salesperson" have the same meanings
as in section 4781.01 of the Revised Code.
"Mobile home" has the same meaning as in section 4501.01 of the Revised Code.
"Motor vehicle" includes manufactured homes, mobile homes, recreational vehicles, and trailers and semitrailers whose weight exceeds four thousand pounds.
(6)
"Motor
vehicle dealer" and
"dealer" have the same meaning as in section 4517.01 of the
Revised Code and includes
manufactured housing dealers.
(7)
"Motor
vehicle salesperson" includes manufactured housing salespersons.
"Resident" means any person who either maintains their principal residence in this state or is determined by the registrar of motor vehicles to be a permanent or temporary resident in accordance with the standards adopted by the registrar under section 4507.01 of the Revised Code.
"Signature" includes an electronic signature as defined by section 1306.01 of the Revised Code.
(B) The various certificates, applications, and assignments necessary to provide certificates of title for manufactured homes, mobile homes, recreational vehicles, and trailers and semitrailers whose weight exceeds four thousand pounds, shall be made upon forms prescribed by the registrar of motor vehicles.
Sec. 4505.032. If a person owns a motor vehicle for which a physical certificate of title has not been issued by a clerk of a court of common pleas and the person transfers the motor vehicle, the person is not required to obtain a physical certificate of title to the motor vehicle in order to transfer ownership. The person shall present to the transferee, in a manner approved by the registrar of motor vehicles, sufficient proof of the person's identity and complete and sign a form prescribed by the registrar attesting to the person's identity and assigning the motor vehicle to the transferee. Except as otherwise provided in this section, the transferee shall present the assignment form to any clerk of a court of common pleas together with an application for a certificate of title and payment of the fees prescribed by section 4505.09 of the Revised Code. The clerk of a court of common pleas shall charge the same fee for an electronic certificate of title as for a physical certificate of title.
In a case in which an electronic certificate of title has been issued for a motor vehicle, notice of the transfer of ownership of that motor vehicle may be made to a clerk of a court of common pleas via electronic means in a manner approved by the registrar. The clerk shall enter the information relating to the assignment, including, but not limited to, the odometer disclosure statement required by section 4505.06 of the Revised Code, into the automated title processing system. Ownership of the motor vehicle passes to the transferee when the clerk enters this information into the system. A physical certificate of title is not required to be presented or issued for that motor vehicle.
Sec. 4505.06. (A)(1) Application for a certificate of title shall be made in a form prescribed by the registrar of motor vehicles and shall be sworn to before a notary public or other officer empowered to administer oaths. The application shall be filed with the clerk of any court of common pleas. An application for a certificate of title may be filed electronically by any electronic means approved by the registrar in any county with the clerk of the court of common pleas of that county. Any payments required by this chapter shall be considered as accompanying any electronically transmitted application when payment actually is received by the clerk. Payment of any fee or taxes may be made by electronic transfer of funds.
(2) The application for a certificate of title shall be accompanied by the fee prescribed in section 4505.09 of the Revised Code. The fee shall be retained by the clerk who issues the certificate of title and shall be distributed in accordance with that section. If a clerk of a court of common pleas, other than the clerk of the court of common pleas of an applicant's county of residence, issues a certificate of title to the applicant, the clerk shall transmit data related to the transaction to the automated title processing system.
(3)
If a certificate of title previously has been issued for a motor
vehicle in this state, the application for a certificate of title
also shall be accompanied by that certificate of title duly assigned,
unless otherwise provided in this chapter. If a certificate of title
previously has not been issued for the motor vehicle in this state,
the application, unless otherwise provided in this chapter, shall be
accompanied by a manufacturer's or importer's certificate or by a
certificate of title of another state from which the motor vehicle
was brought into this state. If the application refers to a motor
vehicle last previously registered in another state, the application
also shall be accompanied by the physical inspection certificate
required by section 4505.061 of the Revised Code. If the application
is made by two persons regarding a motor vehicle in which they wish
to establish joint ownership with right of survivorship, they may do
so as provided in section 2131.12 of the Revised Code. If the
applicant requests a designation of the motor vehicle in beneficiary
form so that upon the death of the owner of the motor vehicle,
ownership of the motor vehicle will pass to a designated
transfer-on-death beneficiary or beneficiaries, the applicant may do
so as provided in section 2131.13 of the Revised Code. A person who
establishes ownership of a motor vehicle that is transferable on
death in accordance with section 2131.13 of the Revised Code may
terminate that type of ownership or change the designation of the
transfer-on-death beneficiary or beneficiaries by applying for a
certificate of title pursuant to this section. The clerk shall retain
the evidence of title presented by the applicant and on which the
certificate of title is issued, except that, if an application for a
certificate of title is filed electronically by an electronic motor
vehicle dealer on behalf of the purchaser of a motor vehicle, the
clerk shall retain the completed electronic record to which the
dealer converted the certificate of title application and other
required documents. The registrar, after consultation with the
attorney general, shall adopt rules that govern the location at
which, and the manner in which, are stored the actual application and
all other documents relating to the sale
transfer
of
a motor vehicle when an electronic motor vehicle dealer files the
application for a certificate of title electronically on behalf of
the purchaser. Not later than December 31, 2017, the registrar shall
arrange for a service that enables all electronic motor vehicle
dealers to file applications for certificates of title on behalf of
purchasers of motor vehicles electronically by transferring the
applications directly from the computer systems of the dealers to the
clerk.
The clerk shall use reasonable diligence in ascertaining whether or not the facts in the application for a certificate of title are true by checking the application and documents accompanying it or the electronic record to which a dealer converted the application and accompanying documents with the records of motor vehicles in the clerk's office. If the clerk is satisfied that the applicant is the owner of the motor vehicle and that the application is in the proper form, the clerk, within five business days after the application is filed and except as provided in section 4505.021 of the Revised Code, shall issue a physical certificate of title over the clerk's signature and sealed with the clerk's seal, unless the applicant specifically requests the clerk not to issue a physical certificate of title and instead to issue an electronic certificate of title. For purposes of the transfer of a certificate of title, if the clerk is satisfied that the secured party has duly discharged a lien notation but has not canceled the lien notation with a clerk, the clerk may cancel the lien notation on the automated title processing system and notify the clerk of the county of origin.
(4) In the case of the sale of a motor vehicle to a general buyer or user by a dealer, by a motor vehicle leasing dealer selling the motor vehicle to the lessee or, in a case in which the leasing dealer subleased the motor vehicle, the sublessee, at the end of the lease agreement or sublease agreement, or by a manufactured housing broker, the certificate of title shall be obtained in the name of the buyer by the dealer, leasing dealer, or manufactured housing broker, as the case may be, upon application signed by the buyer. The certificate of title shall be issued, or the process of entering the certificate of title application information into the automated title processing system if a physical certificate of title is not to be issued shall be completed, within five business days after the application for title is filed with the clerk. If the buyer of the motor vehicle previously leased the motor vehicle and is buying the motor vehicle at the end of the lease pursuant to that lease, the certificate of title shall be obtained in the name of the buyer by the motor vehicle leasing dealer who previously leased the motor vehicle to the buyer or by the motor vehicle leasing dealer who subleased the motor vehicle to the buyer under a sublease agreement.
In all other cases, except as provided in section 4505.032 and division (D)(2) of section 4505.11 of the Revised Code, such certificates shall be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in the name of the buyer by a motor vehicle dealer or motor vehicle leasing dealer and there is a security interest to be noted on the certificate of title, the dealer or leasing dealer shall submit the application for the certificate of title and payment of the applicable tax to a clerk within seven business days after the later of the delivery of the motor vehicle to the buyer or the date the dealer or leasing dealer obtains the manufacturer's or importer's certificate, or certificate of title issued in the name of the dealer or leasing dealer, for the motor vehicle. Submission of the application for the certificate of title and payment of the applicable tax within the required seven business days may be indicated by postmark or receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the security interest noted on its face, the dealer or leasing dealer shall forward the certificate of title to the secured party at the location noted in the financing documents or otherwise specified by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing dealer is liable to a secured party for a late fee of ten dollars per day for each certificate of title application and payment of the applicable tax that is submitted to a clerk more than seven business days but less than twenty-one days after the later of the delivery of the motor vehicle to the buyer or the date the dealer or leasing dealer obtains the manufacturer's or importer's certificate, or certificate of title issued in the name of the dealer or leasing dealer, for the motor vehicle and, from then on, twenty-five dollars per day until the application and applicable tax are submitted to a clerk.
(b) In all cases of transfer of a motor vehicle except the transfer of a manufactured home or mobile home, the application for certificate of title shall be filed within thirty days after the assignment or delivery of the motor vehicle.
(c) An application for a certificate of title for a new manufactured home shall be filed within thirty days after the delivery of the new manufactured home to the purchaser. The date of the delivery shall be the date on which an occupancy permit for the manufactured home is delivered to the purchaser of the home by the appropriate legal authority.
(d) An application for a certificate of title for a used manufactured home or a used mobile home shall be filed as follows:
(i) If a certificate of title for the used manufactured home or used mobile home was issued to the motor vehicle dealer prior to the sale of the manufactured or mobile home to the purchaser, the application for certificate of title shall be filed within thirty days after the date on which an occupancy permit for the manufactured or mobile home is delivered to the purchaser by the appropriate legal authority.
(ii) If the motor vehicle dealer has been designated by a secured party to display the manufactured or mobile home for sale, or to sell the manufactured or mobile home under section 4505.20 of the Revised Code, but the certificate of title has not been transferred by the secured party to the motor vehicle dealer, and the dealer has complied with the requirements of division (A) of section 4505.181 of the Revised Code, the application for certificate of title shall be filed within thirty days after the date on which the motor vehicle dealer obtains the certificate of title for the home from the secured party or the date on which an occupancy permit for the manufactured or mobile home is delivered to the purchaser by the appropriate legal authority, whichever occurs later.
(6) If an application for a certificate of title is not filed within the period specified in division (A)(5)(b), (c), or (d) of this section, the clerk shall collect a fee of five dollars for the issuance of the certificate, except that no such fee shall be required from a motor vehicle salvage dealer, as defined in division (A) of section 4738.01 of the Revised Code, who immediately surrenders the certificate of title for cancellation. The fee shall be in addition to all other fees established by this chapter, and shall be retained by the clerk. The registrar shall provide, on the certificate of title form prescribed by section 4505.07 of the Revised Code, language necessary to give evidence of the date on which the assignment or delivery of the motor vehicle was made.
(7) As used in division (A) of this section, "lease agreement," "lessee," and "sublease agreement" have the same meanings as in section 4505.04 of the Revised Code and "new manufactured home," "used manufactured home," and "used mobile home" have the same meanings as in section 5739.0210 of the Revised Code.
(B)(1) The clerk, except as provided in this section, shall refuse to accept for filing any application for a certificate of title and shall refuse to issue a certificate of title unless the dealer or the applicant, in cases in which the certificate shall be obtained by the buyer, submits with the application payment of the tax levied by or pursuant to Chapters 5739. and 5741. of the Revised Code based on the purchaser's county of residence. Upon payment of the tax in accordance with division (E) of this section, the clerk shall issue a receipt prescribed by the registrar and agreed upon by the tax commissioner showing payment of the tax or a receipt issued by the commissioner showing the payment of the tax. When submitting payment of the tax to the clerk, a dealer shall retain any discount to which the dealer is entitled under section 5739.12 of the Revised Code.
(2) For receiving and disbursing such taxes paid to the clerk by a resident of the clerk's county, the clerk may retain a poundage fee of one and one one-hundredth per cent, and the clerk shall pay the poundage fee into the certificate of title administration fund created by section 325.33 of the Revised Code. The clerk shall not retain a poundage fee from payments of taxes by persons who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the clerk an amount equal to the poundage fees associated with certificates of title issued by other clerks of courts of common pleas to applicants who reside in the first clerk's county. The registrar, in consultation with the tax commissioner and the clerks of the courts of common pleas, shall develop a report from the automated title processing system that informs each clerk of the amount of the poundage fees that the clerk is permitted to retain from those taxes because of certificates of title issued by the clerks of other counties to applicants who reside in the first clerk's county.
(3) In the case of casual sales of motor vehicles, as defined in section 4517.01 of the Revised Code, the price for the purpose of determining the tax shall be the purchase price on the assigned certificate of title, or assignment form prescribed by the registrar, executed by the seller and filed with the clerk by the buyer on a form to be prescribed by the registrar, which shall be prima-facie evidence of the amount for the determination of the tax.
(4) Each county clerk shall forward to the treasurer of state all sales and use tax collections resulting from sales of motor vehicles, off-highway motorcycles, and all-purpose vehicles during a calendar week on or before the Friday following the close of that week. If, on any Friday, the offices of the clerk of courts or the state are not open for business, the tax shall be forwarded to the treasurer of state on or before the next day on which the offices are open. Every remittance of tax under division (B)(4) of this section shall be accompanied by a remittance report in such form as the tax commissioner prescribes. Upon receipt of a tax remittance and remittance report, the treasurer of state shall date stamp the report and forward it to the tax commissioner. If the tax due for any week is not remitted by a clerk of courts as required under division (B)(4) of this section, the commissioner may require the clerk to forfeit the poundage fees for the sales made during that week. The treasurer of state may require the clerks of courts to transmit tax collections and remittance reports electronically.
(C)(1) If the transferor indicates on the certificate of title that the odometer reflects mileage in excess of the designed mechanical limit of the odometer, the clerk shall enter the phrase "exceeds mechanical limits" following the mileage designation. If the transferor indicates on the certificate of title that the odometer reading is not the actual mileage, the clerk shall enter the phrase "nonactual: warning - odometer discrepancy" following the mileage designation. The clerk shall use reasonable care in transferring the information supplied by the transferor, but is not liable for any errors or omissions of the clerk or those of the clerk's deputies in the performance of the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the transferor shall swear to the true selling price and, except as provided in this division, the true odometer reading of the motor vehicle. The registrar may prescribe an affidavit in which the seller and buyer provide information pertaining to the odometer reading of the motor vehicle in addition to that required by this section, as such information may be required by the United States secretary of transportation by rule prescribed under authority of subchapter IV of the "Motor Vehicle Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this section does not require the giving of information concerning the odometer and odometer reading of a motor vehicle when ownership of a motor vehicle is being transferred as a result of a bequest, under the laws of intestate succession, to a survivor pursuant to section 2106.18, 2131.12, or 4505.10 of the Revised Code, to a transfer-on-death beneficiary or beneficiaries pursuant to section 2131.13 of the Revised Code, in connection with the creation of a security interest or for a vehicle with a gross vehicle weight rating of more than sixteen thousand pounds.
(D) When the transfer to the applicant was made in some other state or in interstate commerce, the clerk, except as provided in this section, shall refuse to issue any certificate of title unless the tax imposed by or pursuant to Chapter 5741. of the Revised Code based on the purchaser's county of residence has been paid as evidenced by a receipt issued by the tax commissioner, or unless the applicant submits with the application payment of the tax. Upon payment of the tax in accordance with division (E) of this section, the clerk shall issue a receipt prescribed by the registrar and agreed upon by the tax commissioner, showing payment of the tax.
For receiving and disbursing such taxes paid to the clerk by a resident of the clerk's county, the clerk may retain a poundage fee of one and one one-hundredth per cent. The clerk shall not retain a poundage fee from payments of taxes by persons who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the clerk an amount equal to the poundage fees associated with certificates of title issued by other clerks of courts of common pleas to applicants who reside in the first clerk's county. The registrar, in consultation with the tax commissioner and the clerks of the courts of common pleas, shall develop a report from the automated title processing system that informs each clerk of the amount of the poundage fees that the clerk is permitted to retain from those taxes because of certificates of title issued by the clerks of other counties to applicants who reside in the first clerk's county.
When the vendor is not regularly engaged in the business of selling motor vehicles, the vendor shall not be required to purchase a vendor's license or make reports concerning those sales.
(E) The clerk shall accept any payment of a tax in cash, or by cashier's check, certified check, draft, money order, or teller check issued by any insured financial institution payable to the clerk and submitted with an application for a certificate of title under division (B) or (D) of this section. The clerk also may accept payment of the tax by corporate, business, or personal check, credit card, electronic transfer or wire transfer, debit card, or any other accepted form of payment made payable to the clerk. The clerk may require bonds, guarantees, or letters of credit to ensure the collection of corporate, business, or personal checks. Any service fee charged by a third party to a clerk for the use of any form of payment may be paid by the clerk from the certificate of title administration fund created in section 325.33 of the Revised Code, or may be assessed by the clerk upon the applicant as an additional fee. Upon collection, the additional fees shall be paid by the clerk into that certificate of title administration fund.
The clerk shall make a good faith effort to collect any payment of taxes due but not made because the payment was returned or dishonored, but the clerk is not personally liable for the payment of uncollected taxes or uncollected fees. The clerk shall notify the tax commissioner of any such payment of taxes that is due but not made and shall furnish the information to the commissioner that the commissioner requires. The clerk shall deduct the amount of taxes due but not paid from the clerk's periodic remittance of tax payments, in accordance with procedures agreed upon by the tax commissioner. The commissioner may collect taxes due by assessment in the manner provided in section 5739.13 of the Revised Code.
Any person who presents payment that is returned or dishonored for any reason is liable to the clerk for payment of a penalty over and above the amount of the taxes due. The clerk shall determine the amount of the penalty, and the penalty shall be no greater than that amount necessary to compensate the clerk for banking charges, legal fees, or other expenses incurred by the clerk in collecting the returned or dishonored payment. The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies. Subsequently collected penalties, poundage fees, and title fees, less any title fee due the state, from returned or dishonored payments collected by the clerk shall be paid into the certificate of title administration fund. Subsequently collected taxes, less poundage fees, shall be sent by the clerk to the treasurer of state at the next scheduled periodic remittance of tax payments, with information as the commissioner may require. The clerk may abate all or any part of any penalty assessed under this division.
(F) In the following cases, the clerk shall accept for filing an application and shall issue a certificate of title without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its political subdivisions, a church, or an organization whose purchases are exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail sale as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in interstate commerce and the purpose of the purchaser is not to use, store, or consume within the meaning of section 5741.01 of the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this state for use outside this state;
(6) When the motor vehicle is purchased by a nonresident under the circumstances described in division (B)(1) of section 5739.029 of the Revised Code, and upon presentation of a copy of the affidavit provided by that section, and a copy of the exemption certificate provided by section 5739.03 of the Revised Code.
(G) An application, as prescribed by the registrar and agreed to by the tax commissioner, shall be filled out and sworn to by the buyer of a motor vehicle in a casual sale. The application shall contain the following notice in bold lettering: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by law to state the true selling price. A false statement is in violation of section 2921.13 of the Revised Code and is punishable by six months' imprisonment or a fine of up to one thousand dollars, or both. All transfers are audited by the department of taxation. The seller and buyer must provide any information requested by the department of taxation. The buyer may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes occurring on or after January 1, 2000, the clerk shall accept for filing, pursuant to Chapter 5739. of the Revised Code, an application for a certificate of title for a manufactured home or mobile home without requiring payment of any tax pursuant to section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt issued by the tax commissioner showing payment of the tax. For sales of manufactured homes or mobile homes occurring on or after January 1, 2000, the applicant shall pay to the clerk an additional fee of five dollars for each certificate of title issued by the clerk for a manufactured or mobile home pursuant to division (H) of section 4505.11 of the Revised Code and for each certificate of title issued upon transfer of ownership of the home. The clerk shall credit the fee to the county certificate of title administration fund, and the fee shall be used to pay the expenses of archiving those certificates pursuant to division (A) of section 4505.08 and division (H)(3) of section 4505.11 of the Revised Code. The tax commissioner shall administer any tax on a manufactured or mobile home pursuant to Chapters 5739. and 5741. of the Revised Code.
(I) Every clerk shall have the capability to transact by electronic means all procedures and transactions relating to the issuance of motor vehicle certificates of title that are described in the Revised Code as being accomplished by electronic means.
Sec. 4505.09. (A)(1) The clerk of a court of common pleas shall charge and retain fees as follows:
(a) Five dollars for each certificate of title that is not applied for within thirty days after the later of the assignment or delivery of the motor vehicle described in it. The entire fee shall be retained by the clerk.
(b)
Fifteen
Seventeen
dollars
for each certificate of title or duplicate certificate of title
including the issuance of a memorandum certificate of title, or
authorization to print a non-negotiable evidence of ownership
described in division (G) of section 4505.08 of the Revised Code,
non-negotiable evidence of ownership printed by the clerk under
division (H) of that section, and notation of any lien on a
certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title.
(c) Four dollars and fifty cents for each certificate of title with no security interest noted that is issued to a licensed motor vehicle dealer for resale purposes and, in addition, a separate fee of fifty cents. The clerk shall retain two dollars and twenty-five cents of that fee.
(d) Five dollars for each memorandum certificate of title or non-negotiable evidence of ownership that is applied for separately. The clerk shall retain that entire fee.
(2) The fees that are not retained by the clerk shall be paid to the registrar of motor vehicles by monthly returns, which shall be forwarded to the registrar not later than the fifth day of the month next succeeding that in which the certificate is issued or that in which the registrar is notified of a lien or cancellation of a lien.
(B)(1) The registrar shall pay twenty-five cents of the amount received for each certificate of title issued to a motor vehicle dealer for resale, one dollar for certificates of title issued with a lien or security interest noted on the certificate of title, and twenty-five cents for each certificate of title with no lien or security interest noted on the certificate of title into the public safety - highway purposes fund established in section 4501.06 of the Revised Code.
(2) Fifty cents of the amount received for each certificate of title shall be paid by the registrar as follows:
(a) Four cents shall be paid into the state treasury to the credit of the motor vehicle dealers board fund, which is hereby created. All investment earnings of the fund shall be credited to the fund. The moneys in the motor vehicle dealers board fund shall be used by the motor vehicle dealers board created under section 4517.30 of the Revised Code, together with other moneys appropriated to it, in the exercise of its powers and the performance of its duties under Chapter 4517. of the Revised Code, except that the director of budget and management may transfer excess money from the motor vehicle dealers board fund to the public safety - highway purposes fund if the registrar determines that the amount of money in the motor vehicle dealers board fund, together with other moneys appropriated to the board, exceeds the amount required for the exercise of its powers and the performance of its duties under Chapter 4517. of the Revised Code and requests the director to make the transfer.
(b) Twenty-one cents shall be paid into the highway operating fund.
(c) Twenty-five cents shall be paid into the state treasury to the credit of the motor vehicle sales audit fund, which is hereby created. The moneys in the fund shall be used by the tax commissioner together with other funds available to the commissioner to conduct a continuing investigation of sales and use tax returns filed for motor vehicles in order to determine if sales and use tax liability has been satisfied. The commissioner shall refer cases of apparent violations of section 2921.13 of the Revised Code made in connection with the titling or sale of a motor vehicle and cases of any other apparent violations of the sales or use tax law to the appropriate county prosecutor whenever the commissioner considers it advisable.
(3) Two dollars of the amount received by the registrar under divisions (A)(1)(a), (b), and (d) of this section and one dollar and fifty cents of the amount received by the registrar under division (A)(1)(c) of this section for each certificate of title shall be paid into the state treasury to the credit of the automated title processing fund, which is hereby created and which shall consist of moneys collected under division (B)(3) of this section and under sections 1548.10 and 4519.59 of the Revised Code. All investment earnings of the fund shall be credited to the fund. The moneys in the fund shall be used as follows:
(a) Except for moneys collected under section 1548.10 of the Revised Code, moneys collected under division (B)(3) of this section shall be used to implement and maintain an automated title processing system for the issuance of motor vehicle, off-highway motorcycle, and all-purpose vehicle certificates of title in the offices of the clerks of the courts of common pleas. Those moneys also shall be used to pay expenses that arise as a result of enabling electronic motor vehicle dealers to directly transfer applications for certificates of title under division (A)(3) of section 4505.06 of the Revised Code.
(b) Moneys collected under section 1548.10 of the Revised Code shall be used to issue marine certificates of title in the offices of the clerks of the courts of common pleas as provided in Chapter 1548. of the Revised Code.
(4) The registrar shall pay the fifty-cent separate fee collected from a licensed motor vehicle dealer under division (A)(1)(c) of this section into the title defect recision fund created by section 1345.52 of the Revised Code.
(5) Two dollars of the amount received by the registrar under division (A)(1)(b) of this section for each certificate of title shall be paid into the state treasury to the credit of the security, investigations, and policing fund created by section 4501.11 of the Revised Code.
(C)(1) The automated title processing board is hereby created consisting of the registrar or the registrar's representative, a person selected by the registrar, the president of the Ohio clerks of court association or the president's representative, and two clerks of courts of common pleas appointed by the governor. The director of budget and management or the director's designee, the chief of the division of parks and watercraft in the department of natural resources or the chief's designee, and the tax commissioner or the commissioner's designee shall be nonvoting members of the board. The purpose of the board is to facilitate the operation and maintenance of an automated title processing system and approve the procurement of automated title processing system equipment and ribbons, cartridges, or other devices necessary for the operation of that equipment. Voting members of the board, excluding the registrar or the registrar's representative, shall serve without compensation, but shall be reimbursed for travel and other necessary expenses incurred in the conduct of their official duties. The registrar or the registrar's representative shall receive neither compensation nor reimbursement as a board member.
(2) The automated title processing board shall determine each of the following:
(a) The automated title processing equipment and certificates of title requirements for each county;
(b) The payment of expenses that may be incurred by the counties in implementing an automated title processing system;
(c) The repayment to the counties for existing title processing equipment;
(d) With the approval of the director of public safety, the award of grants from the automated title processing fund to the clerk of courts of any county who employs a person who assists with the design of, updates to, tests of, installation of, or any other activity related to, an automated title processing system. Any grant awarded under division (C)(2)(d) of this section shall be deposited into the appropriate county certificate of title administration fund created under section 325.33 of the Revised Code and shall not be used to supplant any other funds.
(3) The registrar shall purchase, lease, or otherwise acquire any automated title processing equipment and certificates of title that the board determines are necessary from moneys in the automated title processing fund established by division (B)(3) of this section.
(D) All counties shall conform to the requirements of the registrar regarding the operation of their automated title processing system for motor vehicle titles, certificates of title for off-highway motorcycles and all-purpose vehicles, and certificates of title for watercraft and outboard motors.
Sec. 4505.11. This section shall also apply to all-purpose vehicles and off-highway motorcycles as defined in section 4519.01 of the Revised Code.
(A) Each owner of a motor vehicle and each person mentioned as owner in the last certificate of title, when the motor vehicle is dismantled, destroyed, or changed in such manner that it loses its character as a motor vehicle, or changed in such manner that it is not the motor vehicle described in the certificate of title, shall surrender the certificate of title to that motor vehicle to a clerk of a court of common pleas, and the clerk, with the consent of any holders of any liens noted on the certificate of title, then shall enter a cancellation upon the clerk's records and shall notify the registrar of motor vehicles of the cancellation.
Upon the cancellation of a certificate of title in the manner prescribed by this section, any clerk and the registrar of motor vehicles may cancel and destroy all certificates and all memorandum certificates in that chain of title.
(B)(1)
If an Ohio certificate of title
or,
salvage certificate of title
to,
or assignment form as prescribed by the registrar for a
motor vehicle is assigned to a salvage dealer, the dealer is not
required to obtain an Ohio certificate of title or a salvage
certificate of title to the motor vehicle in the dealer's own name if
the dealer dismantles or destroys the motor vehicle, indicates the
number of the dealer's motor vehicle salvage dealer's license on it,
marks "FOR DESTRUCTION" across the face of the certificate
of title
or,
salvage certificate of title, or
assignment form and surrenders the
certificate of title
or,
salvage certificate of title,
or assignment form to a clerk of a court of
common pleas as provided in division (A) of this section. If the
salvage dealer retains the motor vehicle for resale, the dealer shall
make application for a salvage certificate of title to the motor
vehicle in the dealer's own name as provided in division (C)(1) of
this section.
(2)
At the time any salvage motor vehicle is sold at auction or through a
pool, the salvage motor vehicle auction or salvage motor vehicle pool
shall give a copy of the salvage certificate of title
or
a copy of the,
certificate of title,
or assignment form marked "FOR
DESTRUCTION" to the purchaser.
(C)(1) When an insurance company declares it economically impractical to repair such a motor vehicle and has paid an agreed price for the purchase of the motor vehicle to any insured or claimant owner, the insurance company shall proceed as follows:
(a) If an insurance company receives the certificate of title and the motor vehicle, within thirty business days, the insurance company shall deliver the certificate of title to a clerk of a court of common pleas and shall make application for a salvage certificate of title. This certificate of title, any supporting power of attorney, or application for a salvage certificate of title shall be exempt from the requirements of notarization and verification as described in this chapter and in section 1337.25 of the Revised Code, and may be signed electronically.
(b) If an insurance company obtains possession of the motor vehicle and a physical certificate of title was issued for the vehicle but the insurance company is unable to obtain the properly endorsed certificate of title for the motor vehicle within thirty business days following the vehicle's owner or lienholder's acceptance of the insurance company's payment for the vehicle, the insurance company may apply to the clerk of a court of common pleas for a salvage certificate of title without delivering the certificate of title for the motor vehicle. The application, which may be signed electronically, shall be accompanied by evidence that the insurance company has paid a total loss claim on the vehicle, a copy of the written request for the certificate of title from the insurance company or its designee, and proof that the request was delivered by a nationally recognized courier service to the last known address of the owner of the vehicle and any known lienholder, to obtain the certificate of title.
(c) If an insurance company obtains possession of the motor vehicle and a physical certificate of title was not issued for the vehicle, the insurance company may apply to the clerk of a court of common pleas for a salvage certificate of title without delivering a certificate of title for the motor vehicle. The application shall be accompanied by the electronic certificate of title control number and a properly executed power of attorney, or other appropriate document, from the owner of the motor vehicle authorizing the insurance company to apply for a salvage certificate of title. The application for a salvage certificate of title, any supporting power of attorney, and any other appropriate document shall be exempt from the requirements of notarization and verification as described in this chapter and in section 1337.25 of the Revised Code, and may be signed electronically.
(d) Upon receipt of a properly completed application for a salvage certificate of title as described in division (C)(1)(a), (b), or (c) or (C)(2) of this section, the clerk shall issue the salvage certificate of title on a form, prescribed by the registrar, that shall be easily distinguishable from the original certificate of title and shall bear the same information as the original certificate of title except that it may bear a different number than that of the original certificate of title. The salvage certificate of title shall include the following notice in bold lettering:
"SALVAGE MOTOR VEHICLE - PURSUANT TO R.C. 4738.01."
Except as provided in division (C)(3) of this section, the salvage certificate of title shall be assigned by the insurance company to a salvage dealer or any other person for use as evidence of ownership upon the sale or other disposition of the motor vehicle, and the salvage certificate of title shall be transferable to any other person. The clerk shall charge a fee of four dollars for the cost of processing each salvage certificate of title.
(2) If an insurance company requests that a salvage motor vehicle auction take possession of a motor vehicle that is the subject of an insurance claim, and subsequently the insurance company denies coverage with respect to the motor vehicle or does not otherwise take ownership of the motor vehicle, the salvage motor vehicle auction may proceed as follows. After the salvage motor vehicle auction has possession of the motor vehicle for forty-five days, it may apply to the clerk of a court of common pleas for a salvage certificate of title without delivering the certificate of title for the motor vehicle. The application shall be accompanied by a copy of the written request that the vehicle be removed from the facility on the salvage motor vehicle auction's letterhead, and proof that the request was delivered by a nationally recognized courier service to the last known address of the owner of the vehicle and any known lienholder, requesting that the vehicle be removed from the facility of the salvage motor vehicle auction. Upon receipt of a properly completed application, the clerk shall follow the process as described in division (C)(1)(d) of this section. The salvage certificate of title so issued shall be free and clear of all liens.
(3) If an insurance company considers a motor vehicle as described in division (C)(1)(a), (b), or (c) of this section to be impossible to restore for highway operation, the insurance company may assign the certificate of title to the motor vehicle to a salvage dealer or scrap metal processing facility and send the assigned certificate of title to the clerk of the court of common pleas of any county. The insurance company shall mark the face of the certificate of title "FOR DESTRUCTION" and shall deliver a photocopy of the certificate of title to the salvage dealer or scrap metal processing facility for its records.
(4) If an insurance company declares it economically impractical to repair a motor vehicle, agrees to pay to the insured or claimant owner an amount in settlement of a claim against a policy of motor vehicle insurance covering the motor vehicle, and agrees to permit the insured or claimant owner to retain possession of the motor vehicle, the insurance company shall not pay the insured or claimant owner any amount in settlement of the insurance claim until the owner obtains a salvage certificate of title to the vehicle and furnishes a copy of the salvage certificate of title to the insurance company.
(D) When a self-insured organization, rental or leasing company, or secured creditor becomes the owner of a motor vehicle that is burned, damaged, or dismantled and is determined to be economically impractical to repair, the self-insured organization, rental or leasing company, or secured creditor shall do one of the following:
(1) Mark the face of the certificate of title to the motor vehicle, or assignment form as prescribed by the registrar, "FOR DESTRUCTION" and surrender the certificate of title or assignment form to a clerk of a court of common pleas for cancellation as described in division (A) of this section. The self-insured organization, rental or leasing company, or secured creditor then shall deliver the motor vehicle, together with a photocopy of the certificate of title or assignment form, to a salvage dealer or scrap metal processing facility and shall cause the motor vehicle to be dismantled, flattened, crushed, or destroyed.
(2) Obtain a salvage certificate of title to the motor vehicle in the name of the self-insured organization, rental or leasing company, or secured creditor, as provided in division (C)(1) of this section, and then sell or otherwise dispose of the motor vehicle. If the motor vehicle is sold, the self-insured organization, rental or leasing company, or secured creditor shall obtain a salvage certificate of title to the motor vehicle in the name of the purchaser from a clerk of a court of common pleas.
(E) If a motor vehicle titled with a salvage certificate of title is restored for operation upon the highways, application shall be made to a clerk of a court of common pleas for a certificate of title. Upon inspection by the state highway patrol, which shall include establishing proof of ownership and an inspection of the motor number and vehicle identification number of the motor vehicle and of documentation or receipts for the materials used in restoration by the owner of the motor vehicle being inspected, which documentation or receipts shall be presented at the time of inspection, the clerk, upon surrender of the salvage certificate of title, shall issue a certificate of title for a fee prescribed by the registrar. The certificate of title shall be in the same form as the original certificate of title and shall bear the words "REBUILT SALVAGE" in black boldface letters on its face. Every subsequent certificate of title, memorandum certificate of title, or duplicate certificate of title issued for the motor vehicle also shall bear the words "REBUILT SALVAGE" in black boldface letters on its face. The exact location on the face of the certificate of title of the words "REBUILT SALVAGE" shall be determined by the registrar, who shall develop an automated procedure within the automated title processing system to comply with this division. The clerk shall use reasonable care in performing the duties imposed on the clerk by this division in issuing a certificate of title pursuant to this division, but the clerk is not liable for any of the clerk's errors or omissions or those of the clerk's deputies, or the automated title processing system in the performance of those duties. A fee of fifty dollars shall be assessed by the state highway patrol for each inspection made pursuant to this division and shall be deposited into the public safety - highway purposes fund established by section 4501.06 of the Revised Code.
(F) No person shall operate upon the highways in this state a motor vehicle, title to which is evidenced by a salvage certificate of title, except to deliver the motor vehicle pursuant to an appointment for an inspection under this section.
(G) No motor vehicle the certificate of title or assignment form to which has been marked "FOR DESTRUCTION" and surrendered to a clerk of a court of common pleas shall be used for anything except parts and scrap metal.
(H)(1) Except as otherwise provided in this division, an owner of a manufactured or mobile home that will be taxed as real property pursuant to division (B) of section 4503.06 of the Revised Code shall surrender the certificate of title to the auditor of the county containing the taxing district in which the home is located. An owner whose home qualifies for real property taxation under divisions (B)(1)(a) and (b) of section 4503.06 of the Revised Code shall surrender the certificate within fifteen days after the home meets the conditions specified in those divisions. The auditor shall deliver the certificate of title to the clerk of the court of common pleas who issued it.
(2) If the certificate of title for a manufactured or mobile home that is to be taxed as real property is held by a lienholder, the lienholder shall surrender the certificate of title to the auditor of the county containing the taxing district in which the home is located, and the auditor shall deliver the certificate of title to the clerk of the court of common pleas who issued it. The lienholder shall surrender the certificate within thirty days after both of the following have occurred:
(a) The homeowner has provided written notice to the lienholder requesting that the certificate of title be surrendered to the auditor of the county containing the taxing district in which the home is located.
(b) The homeowner has either paid the lienholder the remaining balance owed to the lienholder, or, with the lienholder's consent, executed and delivered to the lienholder a mortgage on the home and land on which the home is sited in the amount of the remaining balance owed to the lienholder.
(3) Upon the delivery of a certificate of title by the county auditor to the clerk, the clerk shall inactivate it and maintain it in the automated title processing system for a period of thirty years.
(4) Upon application by the owner of a manufactured or mobile home that is taxed as real property pursuant to division (B) of section 4503.06 of the Revised Code and that no longer satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that section, the clerk shall reactivate the record of the certificate of title that was inactivated under division (H)(3) of this section and shall issue a new certificate of title, but only if the application contains or has attached to it all of the following:
(a) An endorsement of the county treasurer that all real property taxes charged against the home under Title LVII of the Revised Code and division (B) of section 4503.06 of the Revised Code for all preceding tax years have been paid;
(b) An endorsement of the county auditor that the home will be removed from the real property tax list;
(c) Proof that there are no outstanding mortgages or other liens on the home or, if there are such mortgages or other liens, that the mortgagee or lienholder has consented to the reactivation of the certificate of title.
(I)(1) Whoever violates division (F) of this section shall be fined not more than two thousand dollars, imprisoned not more than one year, or both.
(2) Whoever violates division (G) of this section shall be fined not more than one thousand dollars, imprisoned not more than six months, or both.
Sec. 4505.19. (A) No person shall do any of the following:
(1)
Procure or attempt to procure a certificate of title or a salvage
certificate of title to
or
assignment form as prescribed by the registrar of motor vehicles for
a
motor vehicle, or pass or attempt to pass a certificate of title, a
salvage certificate of title, an
assignment form, or
any assignment of a certificate of title or salvage certificate of
title to
or
assignment form for a
motor vehicle, or in any other manner gain or attempt to gain
ownership to a motor vehicle, knowing or having reason to believe
that the motor vehicle or any part of the motor vehicle has been
acquired through commission of a theft offense as defined in section
2913.01 of the Revised Code;
(2) Purport to sell or transfer a motor vehicle without delivering to the purchaser or transferee of it a certificate of title, a salvage certificate of title, an assignment form, or a manufacturer's or importer's certificate to it, assigned to the purchaser as provided for in this chapter, except as otherwise provided in this chapter;
(3) With intent to defraud, possess, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, registration, bill of sale, or other instruments of ownership of a motor vehicle, or conspire to do any of the foregoing;
(4) Knowingly obtain goods, services, credit, or money by means of an invalid, fictitious, forged, counterfeit, stolen, or unlawfully obtained original or duplicate certificate of title, registration, bill of sale, or other instrument of ownership of a motor vehicle;
(5) Knowingly obtain goods, services, credit, or money by means of a certificate of title to a motor vehicle, which is required to be surrendered to the registrar of motor vehicles or the clerk of the court of common pleas as provided in this chapter.
(B)
Whoever violates this section shall be fined not more than five
thousand dollars or imprisoned in the county jail or
workhouse not
less than six months nor more than one year, or both, or in a state
correctional institution not less than one year nor more than five
years.
Sec. 4507.02. (A)(1) No person shall permit the operation of a motor vehicle upon any public or private property used by the public for purposes of vehicular travel or parking knowing the operator does not have a valid driver's license issued to the operator by the registrar of motor vehicles or a deputy registrar under this chapter or a valid commercial driver's license issued under Chapter 4506. of the Revised Code. Except as otherwise provided in this division, whoever violates this division is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars; and, notwithstanding division (A)(3) of section 2929.27 of the Revised Code, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of section 2705.02 of the Revised Code that may be filed in the underlying case.
If, within three years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, the offense is a misdemeanor of the first degree.
(2) No person shall receive a driver's license, or a motorcycle operator's endorsement of a driver's or commercial driver's license, temporary instruction permit, or identification card unless and until the person surrenders to the registrar or a deputy registrar all valid licenses, temporary instruction permits, and identification cards issued to the person by another jurisdiction recognized by this state.
(3)
The
registrar shall report the surrender
cancellation
of
a license,
temporary instruction permit, or identification card
to
the issuing authority, together with information that a
the
license,
temporary instruction permit, or identification card
is
now issued in this state. The registrar or
a deputy registrar shall
destroy any such license,
temporary instruction permit, or identification card
that
is not returned to the issuing authority.
(4)
No
person shall be
permitted to have possess
more
than one valid license,
temporary instruction permit, or identification card
at
any time.
(B)(1) If a person is convicted of a violation of section 4510.11, 4510.14, or 4510.21 of the Revised Code or if division (E) of section 4507.164 of the Revised Code applies, the trial judge of any court, in addition to or independent of any other penalties provided by law or ordinance, may impound the identification license plates of any motor vehicle registered in the name of the person. The court shall send the impounded license plates to the registrar, who may retain the license plates until the driver's or commercial driver's license of the owner has been reinstated or destroy them pursuant to section 4503.232 of the Revised Code.
If the license plates of a person convicted of a violation of any provision of those sections have been impounded in accordance with the provisions of this division, the court shall notify the registrar of that action. The notice shall contain the name and address of the driver, the serial number of the driver's or commercial driver's license, the serial numbers of the license plates of the motor vehicle, and the length of time for which the license plates have been impounded. The registrar shall record the data in the notice as part of the driver's permanent record.
(2) Any motor vehicle owner who has had the license plates of a motor vehicle impounded pursuant to division (B)(1) of this section may apply to the registrar, or to a deputy registrar, for restricted license plates that shall conform to the requirements of section 4503.231 of the Revised Code. The registrar or deputy registrar forthwith shall notify the court of the application and, upon approval of the court, shall issue restricted license plates to the applicant. Until the driver's or commercial driver's license of the owner is reinstated, any new license plates issued to the owner also shall conform to the requirements of section 4503.231 of the Revised Code.
The registrar or deputy registrar shall charge the owner of a vehicle the fees provided in section 4503.19 of the Revised Code for restricted license plates that are issued in accordance with this division, except upon renewal as specified in section 4503.10 of the Revised Code, when the regular fee as provided in section 4503.04 of the Revised Code shall be charged. The registrar or deputy registrar shall charge the owner of a vehicle the fees provided in section 4503.19 of the Revised Code whenever restricted license plates are exchanged, by reason of the reinstatement of the driver's or commercial driver's license of the owner, for those ordinarily issued.
(3) If an owner wishes to sell a motor vehicle during the time the restricted license plates provided under division (B)(2) of this section are in use, the owner may apply to the court that impounded the license plates of the motor vehicle for permission to transfer title to the motor vehicle. If the court is satisfied that the sale will be made in good faith and not for the purpose of circumventing the provisions of this section, it may certify its consent to the owner and to the registrar of motor vehicles who shall enter notice of the transfer of the title of the motor vehicle in the vehicle registration record.
If, during the time the restricted license plates provided under division (B)(2) of this section are in use, the title to a motor vehicle is transferred by the foreclosure of a chattel mortgage, a sale upon execution, the cancellation of a conditional sales contract, or by order of a court, the court shall notify the registrar of the action and the registrar shall enter notice of the transfer of the title to the motor vehicle in the vehicle registration record.
(C) This section is not intended to change or modify any provision of Chapter 4503. of the Revised Code with respect to the taxation of motor vehicles or the time within which the taxes on motor vehicles shall be paid.
Sec. 4507.06. (A)(1) Every application for a driver's license, motorcycle operator's license or endorsement, or motor-driven cycle or motor scooter license or endorsement, or duplicate of any such license or endorsement, shall be made upon the approved form furnished by the registrar of motor vehicles and shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security number if such has been assigned, sex, general description, including height, weight, color of hair, and eyes, residence address, including county of residence, duration of residence in this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an operator, chauffeur, driver, commercial driver, or motorcycle operator and, if so, when, by what state, and whether such license is suspended or canceled at the present time and, if so, the date of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted with epilepsy, or whether the applicant now is suffering from any physical or mental disability or disease and, if so, the nature and extent of the disability or disease, giving the names and addresses of physicians then or previously in attendance upon the applicant;
(d) Whether an applicant for a duplicate driver's license, duplicate license containing a motorcycle operator endorsement, or duplicate license containing a motor-driven cycle or motor scooter endorsement has pending a citation for violation of any motor vehicle law or ordinance, a description of any such citation pending, and the date of the citation;
(e) If an applicant has not certified the applicant's willingness to make an anatomical gift under section 2108.05 of the Revised Code, whether the applicant wishes to certify willingness to make such an anatomical gift, which shall be given no consideration in the issuance of a license or endorsement;
(f) Whether the applicant has executed a valid durable power of attorney for health care pursuant to sections 1337.11 to 1337.17 of the Revised Code or has executed a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code and, if the applicant has executed either type of instrument, whether the applicant wishes the applicant's license to indicate that the applicant has executed the instrument;
(g)
On
and after October 7, 2009, whether Whether
the applicant is a veteran, active duty, or
reservist of the armed forces of the United States and, if the
applicant is such, whether the applicant wishes the applicant's
license to indicate that the applicant is a veteran, active duty, or
reservist of the armed forces of the United States by a military
designation on the license.
(2) Every applicant for a driver's license applying in person at a deputy registrar office shall be photographed in color at the time the application for the license is made. The application shall state any additional information that the registrar requires.
(B) The registrar or a deputy registrar, in accordance with section 3503.11 of the Revised Code, shall register as an elector any person who applies for a license or endorsement under division (A) of this section, or for a renewal or duplicate of the license or endorsement, if the applicant is eligible and wishes to be registered as an elector. The decision of an applicant whether to register as an elector shall be given no consideration in the decision of whether to issue the applicant a license or endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with section 3503.11 of the Revised Code, shall offer the opportunity of completing a notice of change of residence or change of name to any applicant for a driver's license or endorsement under division (A) of this section, or for a renewal or duplicate of the license or endorsement, if the applicant is a registered elector who has changed the applicant's residence or name and has not filed such a notice.
(D)
In addition to any other information it contains, on
and after October 7, 2009, the approved
form furnished by the registrar of motor vehicles for an application
for a license or endorsement or an application for a duplicate of any
such license or endorsement shall inform applicants that the
applicant must present a copy of the applicant's DD-214 or an
equivalent document in order to qualify to have the license or
duplicate indicate that the applicant is a veteran, active duty, or
reservist of the armed forces of the United States based on a request
made pursuant to division (A)(1)(g) of this section.
Sec. 4507.061. (A) Beginning on and after July 1, 2022, the registrar of motor vehicles may authorize the online renewal of a driver's license or identification card issued by the bureau of motor vehicles for eligible applicants. An applicant is eligible for online renewal if all of the following apply:
(1) The applicant's current driver's license or identification card was processed in person at a deputy registrar office.
(2) The applicant has a photo on file with the bureau of motor vehicles from the applicant's current driver's license or identification card.
(3) The applicant's current driver's license or identification card expires on the birthday of the applicant in the fourth year after the date it was issued.
(4) The applicant is applying for a driver's license or identification card that expires on the birthday of the applicant in the fourth year after the date it is issued.
(5) The applicant's current driver's license or identification card is unexpired or expired not more than six months prior to the date of the application.
(6) The applicant is a citizen of the United States and a permanent resident of this state.
(7) The applicant is twenty-one years of age or older, but less than sixty-five years of age.
(8) The applicant's current driver's license or driving privileges are not suspended, canceled, revoked, or restricted, and the applicant is not otherwise prohibited by law from obtaining a driver's license or identification card.
(9) The applicant has no changes to the applicant's name or personal information, other than a change of address.
(10) The applicant has no medical restrictions that would require the applicant to apply for a driver's license or identification card in person at a deputy registrar office. The registrar shall determine the medical restrictions that require in person applications.
(B) An applicant may not submit an application online for any of the following:
(1) A temporary instruction permit;
(2) A commercial driver's license or a commercial driver's license temporary instruction permit;
(3) An initial issuance of an Ohio driver's license or identification card;
(4) An initial issuance of a federally compliant driver's license or identification card;
(5) An ignition interlock license;
(6) A nonrenewable license.
(C) The registrar may require an applicant to provide a digital copy of any identification documents and supporting documents as required by statute or administrative rule to comply with current state and federal requirements.
(D) Except as otherwise provided, an applicant shall comply with all other applicable laws related to the issuance of a driver's license or identification card in order to renew a driver's license or identification card under this section.
(E) The registrar may adopt rules in accordance with Chapter 119. of the Revised Code to implement and administer this section.
Sec. 4507.12. (A)(1) Except as provided in division (C) of section 4507.10 of the Revised Code, each person applying for the renewal of a driver's license in person at a deputy registrar office shall submit to a screening of the person's vision before the license may be renewed. Except as provided in division (A)(2) of this section, the vision screening shall be conducted at the office of the deputy registrar receiving the application for license renewal.
(2) A person applying for the renewal of a driver's license in person at a deputy registrar office who is capable of meeting the standards required for licensing, but who is not capable of passing the vision screening conducted at the office of the deputy registrar, may have the vision screening conducted at a licensed optometrist's or ophthalmologist's office of the person's choice. The person shall have the vision screening performed within ninety days prior to the time the person applies for the driver's license renewal. The person shall bring any forms required by the registrar to the vision screening conducted at the optometrist's or ophthalmologist's office to be completed by the optometrist or ophthalmologist. The person shall submit such forms to a deputy registrar at the time the person applies for the driver's license renewal to verify that the vision screening results meet the vision standards required for licensing.
(B) When the results of a vision screening given under division (A) of this section indicate that the vision of the person examined meets the standards required for licensing, the deputy registrar may renew the person's driver's license at that time.
(C) When the results of a vision screening given under division (A) of this section indicate that the vision of the person screened may not meet the standards required for licensing, the deputy registrar shall not renew the person's driver's license at that time but shall refer the person to a driver's license examiner appointed by the director of public safety under section 5502.05 of the Revised Code for a further examination of the person's vision.
(D) When a person referred to a driver's license examiner by a deputy registrar does not meet the vision standards required for licensing, the driver's license examiner shall retain the person's operator's license and shall immediately notify the registrar of motor vehicles of that fact. The driver's license examiner shall refer the person to a licensed optometrist or ophthalmologist of the person's choice. The person may have the optometrist or ophthalmologist conduct a vision screening and shall request the optometrist or ophthalmologist to certify the vision screening results on any forms required by the registrar. The person shall submit such forms to a deputy registrar or driver's license examiner to verify that the vision screening results meet the vision standards required for licensing.
(E) No driver's license shall be issued to a person, until the person's vision is corrected to meet the standards required for licensing by this section. Any person who operates a motor vehicle on a highway, or on any public or private property used by the public for purposes of vehicular travel or parking, during the time the person's driver's license is held by a driver's license examiner under this division, shall be deemed to be operating a motor vehicle in violation of division (A) of section 4510.12 of the Revised Code.
(F) The registrar shall adopt rules and shall provide any forms necessary to properly conduct vision screenings at the office of a deputy registrar, a driver examination station, or at the office of a licensed optometrist or ophthalmologist.
(G) A person conducting vision screenings under this section is not personally liable for damages for injury or loss to persons or property and for death caused by the operation of a motor vehicle by any person whose driver's license was renewed by the deputy registrar under division (B) of this section.
Sec.
4507.21. (A) Each
Except
as provided in section 4507.061 of the Revised Code, each applicant
for a driver's license shall file an application in the office of the
registrar of motor vehicles or of a deputy registrar.
(B)(1) Each person under eighteen years of age applying for a driver's license issued in this state shall present satisfactory evidence of having successfully completed any one of the following:
(a) A driver education course approved by the state department of education prior to December 31, 2003.
(b) A driver training course approved by the director of public safety.
(c) A driver training course comparable to a driver education or driver training course described in division (B)(1)(a) or (b) of this section and administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States.
(2) Each person under eighteen years of age applying for a driver's license also shall present, on a form prescribed by the registrar, an affidavit signed by an eligible adult attesting that the person has acquired at least fifty hours of actual driving experience, with at least ten of those hours being at night.
(C)(1) An applicant for an initial driver's license shall present satisfactory evidence of successful completion of the abbreviated driver training course for adults, approved by the director of public safety under section 4508.02 of the Revised Code, if all of the following apply:
(a) The applicant is eighteen years of age or older.
(b) The applicant failed the road or maneuverability test required under division (A)(2) of section 4507.11 of the Revised Code.
(c) In the twelve months immediately preceding the date of application, the applicant has not successfully completed a driver training course.
(2) An applicant shall present satisfactory evidence as required under division (C)(1) of this section prior to attempting the test a second or subsequent time.
(D) If the registrar or deputy registrar determines that the applicant is entitled to the driver's license, it shall be issued. If the application shows that the applicant's license has been previously canceled or suspended, the deputy registrar shall forward the application to the registrar, who shall determine whether the license shall be granted.
(E) An applicant shall file an application under this section in duplicate, and the deputy registrar issuing the license shall immediately forward to the office of the registrar the original copy of the application, together with the duplicate copy of any certificate of completion if issued for purposes of division (B) of this section. The registrar shall prescribe rules as to the manner in which the deputy registrar files and maintains the applications and other records. The registrar shall file every application for a driver's or commercial driver's license and index them by name and number, and shall maintain a suitable record of all licenses issued, all convictions and bond forfeitures, all applications for licenses denied, and all licenses that have been suspended or canceled.
(F) For purposes of section 2313.06 of the Revised Code, the registrar shall maintain accurate and current lists of the residents of each county who are eighteen years of age or older, have been issued, on and after January 1, 1984, driver's or commercial driver's licenses that are valid and current, and would be electors if they were registered to vote, regardless of whether they actually are registered to vote. The lists shall contain the names, addresses, dates of birth, duration of residence in this state, citizenship status, and social security numbers, if the numbers are available, of the licensees, and may contain any other information that the registrar considers suitable.
(G) Each person under eighteen years of age applying for a motorcycle operator's endorsement or a restricted license enabling the applicant to operate a motorcycle shall present satisfactory evidence of having completed the courses of instruction in the motorcycle safety and education program described in section 4508.08 of the Revised Code or a comparable course of instruction administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States. If the registrar or deputy registrar then determines that the applicant is entitled to the endorsement or restricted license, it shall be issued.
(H) No person shall knowingly make a false statement in an affidavit presented in accordance with division (B)(2) of this section.
(I) As used in this section, "eligible adult" means any of the following persons:
(1) A parent, guardian, or custodian of the applicant;
(2) A person over the age of twenty-one who acts in loco parentis of the applicant and who maintains proof of financial responsibility with respect to the operation of a motor vehicle owned by the applicant or with respect to the applicant's operation of any motor vehicle.
(J) Whoever violates division (H) of this section is guilty of a minor misdemeanor and shall be fined one hundred dollars.
Sec. 4507.213. (A) Any person who becomes a resident of this state, within thirty days of becoming a resident, shall surrender any driver's license, temporary instruction permit, or identification card issued by another state to the registrar of motor vehicles or a deputy registrar. If such a person intends to operate a motor vehicle upon the public roads or highways, the person shall apply for a temporary instruction permit or driver's license in this state. If the person fails to apply for a driver's license or temporary instruction permit within thirty days of becoming a resident, the person shall not operate any motor vehicle in this state under a license or permit issued by another state.
(B)(1) Whoever violates division (A) of this section is guilty of a minor misdemeanor.
(2) The offense established under division (B)(1) of this section is a strict liability offense and strict liability is a culpable mental state for purposes of section 2901.20 of the Revised Code. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(C) For purposes of division (A) of this section, "resident" means any person to whom any of the following applies:
(3)(1)
The
person maintains their principal residence in this state and does not
reside in this state as a result of the person's active service in
the United States armed forces.
(4)(2)
The
person is determined by the registrar of motor vehicles to be a
resident in accordance with standards adopted by the registrar under
section 4507.01 of the Revised Code.
Sec.
4507.50. (A)(1)
The registrar of motor vehicles or a deputy registrar shall issue an
identification card,
upon receipt of
to
a person when all of the following apply:
(a)
The registrar or deputy registrar receives an
application completed in accordance with section 4507.51 of the
Revised Code and payment of the applicable fees,
to a .
(b)
The person
who
is
a resident or a temporary resident of this state
who
.
(c) The person is not licensed as an operator of a motor vehicle in this state or another licensing jurisdiction.
(d) The person does not hold an identification card from another jurisdiction.
(2)(a)
The registrar of motor vehicles or a deputy registrar may issue a
temporary identification card,
upon receipt of
when
all of the following apply:
(i)
The registrar or deputy registrar receives an
application completed in accordance with section 4507.51 of the
Revised Code and payment of the applicable fees,
to a .
(ii)
The person
who
is
a resident or temporary resident of this state
whose
.
(iii) The person's Ohio driver's or commercial driver's license has been suspended or canceled.
(iv) The person does not hold an identification card from another jurisdiction.
(b) The temporary identification card shall be identical to an identification card, except that it shall be printed on its face with a statement that the card is valid during the effective dates of the suspension or cancellation of the cardholder's license, or until the birthday of the cardholder in the fourth year after the date on which it is issued, whichever is shorter.
(c) The cardholder shall surrender the temporary identification card to the registrar or any deputy registrar before the cardholder's driver's or commercial driver's license is restored or reissued.
(B)(1) Except as provided in division (C) or (D) of this section, an applicant shall pay the following fees prior to issuance of an identification card or a temporary identification card:
(a) A fee of three dollars and fifty cents if the card will expire on the applicant's birthday four years after the date of issuance or a fee of six dollars if the card will expire on the applicant's birthday eight years after the date of issuance;
(b) A fee equal to the amount established under section 4503.038 of the Revised Code if the card will expire on the applicant's birthday four years after the date of issuance or twice that amount if the card will expire on the applicant's birthday eight years after the date of issuance;
(c) A fee of one dollar and fifty cents if the card will expire on the applicant's birthday four years after the date of issuance or three dollars if the card will expire on the applicant's birthday eight years after the date of issuance, for the authentication of the documents required for processing an identification card or temporary identification card. A deputy registrar that authenticates the required documents shall retain the entire amount of the fee.
(2) The fees collected for issuing an identification card under this section, except for any fees allowed to the deputy registrar, shall be paid into the state treasury to the credit of the public safety - highway purposes fund created in section 4501.06 of the Revised Code.
(C) A disabled veteran who has a service-connected disability rated at one hundred per cent by the veterans' administration may apply to the registrar or a deputy registrar for the issuance to that veteran of an identification card or a temporary identification card under this section without payment of any fee prescribed in division (B) of this section.
An application made under this division shall be accompanied by such documentary evidence of disability as the registrar may require by rule.
(D) A resident who is eligible for an identification card with an expiration date that is in accordance with division (A)(8)(b) of section 4507.52 of the Revised Code and who is currently unemployed may apply to the registrar or a deputy registrar for the issuance of an identification card under this section without payment of any fee as prescribed in division (B) of this section.
An application made under division (D) of this section shall be accompanied by such documentary evidence of disability and unemployment as the registrar may require by rule.
Sec. 4507.51. (A)(1) Every application for an identification card or duplicate shall be made on a form furnished or in a manner specified by the registrar of motor vehicles, shall be signed by the applicant, and by the applicant's parent or guardian if the applicant is under eighteen years of age, and shall contain the following information pertaining to the applicant: name, date of birth, sex, general description including the applicant's height, weight, hair color, and eye color, address, and social security number. The application also shall include, for an applicant who has not already certified the applicant's willingness to make an anatomical gift under section 2108.05 of the Revised Code, whether the applicant wishes to certify willingness to make such an anatomical gift and shall include information about the requirements of sections 2108.01 to 2108.29 of the Revised Code that apply to persons who are less than eighteen years of age. The statement regarding willingness to make such a donation shall be given no consideration in the decision of whether to issue an identification card. Each applicant applying in person at a deputy registrar office shall be photographed in color at the time of making application.
(2)(a) The application also shall state whether the applicant has executed a valid durable power of attorney for health care pursuant to sections 1337.11 to 1337.17 of the Revised Code or has executed a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code and, if the applicant has executed either type of instrument, whether the applicant wishes the identification card issued to indicate that the applicant has executed the instrument.
(b)
On
and after October 7, 2009, the The
application also shall state whether the
applicant is a veteran, active duty, or reservist of the armed forces
of the United States and, if the applicant is such, whether the
applicant wishes the identification card issued to indicate that the
applicant is a veteran, active duty, or reservist of the armed forces
of the United States by a military designation on the identification
card.
(3) The registrar or deputy registrar, in accordance with section 3503.11 of the Revised Code, shall register as an elector any person who applies for an identification card or duplicate if the applicant is eligible and wishes to be registered as an elector. The decision of an applicant whether to register as an elector shall be given no consideration in the decision of whether to issue the applicant an identification card or duplicate.
(B)
The
Except
as provided in section 4507.061 of the Revised Code, the application
for an identification card or duplicate shall be filed in the office
of the registrar or deputy registrar. Each applicant shall present
documentary evidence as required by the registrar of the applicant's
age and identity, and the applicant shall swear that all information
given is true. An identification card issued by the department of
rehabilitation and correction under section 5120.59 of the Revised
Code or an identification card issued by the department of youth
services under section 5139.511 of the Revised Code shall be
sufficient documentary evidence under this division upon verification
of the applicant's social security number by the registrar or a
deputy registrar. Upon issuing an identification card under this
section for a person who has been issued an identification card under
section 5120.59 or section 5139.511 of the Revised Code, the
registrar or deputy registrar shall destroy the identification card
issued under section 5120.59 or section 5139.511 of the Revised Code.
All applications for an identification card or duplicate under this section shall be filed in duplicate, and if submitted to a deputy registrar, a copy shall be forwarded to the registrar. The registrar shall prescribe rules for the manner in which a deputy registrar is to file and maintain applications and other records. The registrar shall maintain a suitable, indexed record of all applications denied and cards issued or canceled.
(C)
In addition to any other information it contains, on
and after the date that is fifteen months after April 7, 2009,
the form furnished by the registrar of motor vehicles for an
application for an identification card or duplicate shall inform
applicants that the applicant must present a copy of the applicant's
DD-214 or an equivalent document in order to qualify to have the card
or duplicate indicate that the applicant is an honorably discharged
veteran of the armed forces of the United States based on a request
made pursuant to division (A)(2)(b) of this section.
Sec.
4507.53. Digitalized
photographic records of the department of public safety may be
released only to state,the
following:
(A)
State,
local,
or federal governmental agencies for criminal justice purposes
and
to any;
(B) Any court;
(C) The American association of motor vehicle administrators to allow state department of motor vehicles participating in the association's state-to-state verification services and digital image access and exchange program to use the photographic records for identity verification purposes.
Sec. 4508.02. (A)(1) The director of public safety, subject to Chapter 119. of the Revised Code, shall adopt and prescribe such rules concerning the administration and enforcement of this chapter as are necessary to protect the public. The rules shall require an assessment of the holder of a probationary instructor license. The director shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor's licenses.
(2) The director shall adopt rules governing online driver education courses that may be completed via the internet to satisfy the classroom instruction under division (C) of this section. The rules shall do all of the following:
(a) Establish standards that an online driver training enterprise must satisfy to be licensed to offer an online driver education course via the internet, including, at a minimum, proven expertise in providing driver education and an acceptable infrastructure capable of providing secure online driver education in accord with advances in internet technology. The rules shall allow an online driver training enterprise to be affiliated with a licensed driver training school offering in-person classroom instruction, but shall not require such an affiliation.
(b) Establish content requirements that an online driver education course must satisfy to be approved as equivalent to twenty-four hours of in-person classroom instruction;
(c) Establish attendance standards, including a maximum number of course hours that may be completed in a twenty-four-hour period;
(d) Allow an enrolled applicant to begin the required eight hours of actual behind-the-wheel instruction upon completing at least two hours of course instruction and being issued a certificate of enrollment by a licensed online driver training enterprise;
(e) Establish any other requirements necessary to regulate online driver education.
(B) The director shall administer and enforce this chapter.
(C) The rules shall require twenty-four hours of in-person classroom instruction or completion of an approved, equivalent online driver education course offered via the internet by a licensed online driver training enterprise, and eight hours of actual behind-the-wheel instruction conducted on public streets and highways of this state for all beginning drivers of noncommercial motor vehicles who are under age eighteen. The rules also shall require the classroom instruction or online driver education course for such drivers to include instruction on both of the following:
(1) The dangers of driving a motor vehicle while distracted, including while using an electronic wireless communications device to write, send, or read a text-based communication, or engaging in any other activity that distracts a driver from the safe and effective operation of a motor vehicle;
(2) The dangers of driving a motor vehicle while under the influence of a controlled substance, prescription medication, or alcohol.
(D) The rules shall state the minimum hours for classroom and behind-the-wheel instruction required for beginning drivers of commercial trucks, commercial cars, buses, and commercial tractors, trailers, and semitrailers.
(E)(1) The department of public safety may charge a fee to each online driver training enterprise in an amount sufficient to pay the actual expenses the department incurs in the regulation of online driver education courses.
(2) The department shall supply to each licensed online driver training enterprise certificates to be used for certifying an applicant's enrollment in an approved online driver education course and a separate certificate to be issued upon successful completion of an approved online driver education course. The certificates shall be numbered serially. The department may charge a fee to each online driver training enterprise per certificate supplied to pay the actual expenses the department incurs in supplying the certificates.
(F) The director shall adopt rules in accordance with Chapter 119. of the Revised Code governing an abbreviated driver training course for adults.
Sec.
4510.036. (A)
The bureau of motor vehicles shall record within ten days of
conviction or bail forteiture
forfeiture
and
shall keep at its main office, all abstracts received under this
section or section 4510.03, 4510.031, 4510.032, or 4510.034 of the
Revised Code and shall maintain records of convictions and bond
forfeitures for any violation of a state law or a municipal ordinance
regulating the operation of vehicles, streetcars, and trackless
trolleys on highways and streets, except a violation related to
parking a motor vehicle.
(B) Every court of record or mayor's court before which a person is charged with a violation for which points are chargeable by this section shall assess and transcribe to the abstract of conviction that is furnished by the bureau to the court the number of points chargeable by this section in the correct space assigned on the reporting form. A United States district court that has jurisdiction within this state and before which a person is charged with a violation for which points are chargeable by this section may assess and transcribe to the abstract of conviction report that is furnished by the bureau the number of points chargeable by this section in the correct space assigned on the reporting form. If the federal court so assesses and transcribes the points chargeable for the offense and furnishes the report to the bureau, the bureau shall record the points in the same manner as those assessed and transcribed by a court of record or mayor's court.
(C) A court shall assess the following points for an offense based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide, vehicular manslaughter, aggravated vehicular assault, or vehicular assault when the offense involves the operation of a vehicle, streetcar, or trackless trolley on a highway or street __________ 6 points
(2) A violation of section 2921.331 of the Revised Code or any ordinance prohibiting the willful fleeing or eluding of a law enforcement officer __________ 6 points
(3) A violation of section 4549.02 or 4549.021 of the Revised Code or any ordinance requiring the driver of a vehicle to stop and disclose identity at the scene of an accident __________ 6 points
(4) A violation of section 4511.251 of the Revised Code or any ordinance prohibiting street racing __________ 6 points
(5) A violation of section 4510.037 of the Revised Code or any ordinance prohibiting the operation of a motor vehicle while the driver's or commercial driver's license is under a twelve-point suspension __________ 6 points
(6) A violation of section 4510.14 of the Revised Code, or any ordinance prohibiting the operation of a motor vehicle upon the public roads or highways within this state while the driver's or commercial driver's license of the person is under suspension and the suspension was imposed under section 4511.19, 4511.191, or 4511.196 of the Revised Code or section 4510.07 of the Revised Code due to a conviction for a violation of a municipal OVI ordinance or any ordinance prohibiting the operation of a motor vehicle while the driver's or commercial driver's license is under suspension for an OVI offense __________ 6 points
(7) A violation of division (A) of section 4511.19 of the Revised Code, any ordinance prohibiting the operation of a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, or any ordinance substantially equivalent to division (A) of section 4511.19 of the Revised Code prohibiting the operation of a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine __________ 6 points
(8) A violation of section 2913.03 of the Revised Code that does not involve an aircraft or motorboat or any ordinance prohibiting the operation of a vehicle without the consent of the owner __________ 6 points
(9) Any offense under the motor vehicle laws of this state that is a felony, or any other felony in the commission of which a motor vehicle was used __________ 6 points
(10) A violation of division (B) of section 4511.19 of the Revised Code or any ordinance substantially equivalent to that division prohibiting the operation of a vehicle with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine __________ 4 points
(11) A violation of section 4511.20 of the Revised Code or any ordinance prohibiting the operation of a motor vehicle in willful or wanton disregard of the safety of persons or property __________ 4 points
(12) A violation of any law or ordinance pertaining to speed when the offender was not distracted, as defined in section 4511.991 of the Revised Code:
(a) Notwithstanding divisions (C)(12)(b) and (c) of this section, when the speed exceeds the lawful speed limit by thirty miles per hour or more __________ 4 points
(b) When the speed exceeds the lawful speed limit of fifty-five miles per hour or more by more than ten miles per hour __________ 2 points
(c) When the speed exceeds the lawful speed limit of less than fifty-five miles per hour by more than five miles per hour __________ 2 points
(d) When the speed does not exceed the amounts set forth in divisions (C)(12)(a), (b), or (c) of this section __________ 0 points
(13) A violation of any law or ordinance pertaining to speed when the offender also was distracted, as defined in section 4511.991 of the Revised Code, and the distracting activity was a contributing factor to the violation:
(a) Notwithstanding divisions (C)(13)(b) and (c) of this section, when the speed exceeds the lawful limit by thirty miles per hour or more __________ 6 points
(b) When the speed exceeds the lawful speed limit of fifty-five miles per hour or more by more than ten miles per hour __________ 4 points
(c) When the speed exceeds the lawful speed limit of less than fifty-five miles per hour by more than five miles per hour __________ 4 points
(d) When the speed does not exceed the amounts set forth in divisions (C)(13)(a), (b), or (c) of this section __________ 2 points
(14) A violation of division (B) of section 4511.204 of the Revised Code or any substantially similar municipal ordinance:
(a) For a first offense within any three-year period __________ 2 points
(b) For a second offense within any three-year period __________ 3 points
(c) For a third or subsequent offense within any three-year period __________ 4 points.
(15) Operating a motor vehicle in violation of a restriction imposed by the registrar __________ 2 points
(14)
(16)
A
violation of section 4510.11, 4510.111, 4510.16, or 4510.21 of the
Revised Code or any ordinance prohibiting the operation of a motor
vehicle while the driver's or commercial driver's license is under
suspension __________ 2 points
(15)
With (17)
Except as provided in division (C)(18) of this section and with the
exception of violations under section 4510.12 of the Revised Code
where no points shall be assessed, all other moving violations
reported under this section __________ 2 points
(18) With the exception of violations under section 4510.12 of the Revised Code where no points shall be assessed, all other moving violations reported under this section when the offender also was distracted, as defined in section 4511.991 of the Revised Code, and the distracting activity was a contributing factor to the violation__________ 4 points
(D) Upon receiving notification from the proper court, including a United States district court that has jurisdiction within this state, the bureau shall delete any points entered for a bond forfeiture if the driver is acquitted of the offense for which bond was posted.
(E) If a person is convicted of or forfeits bail for two or more offenses arising out of the same facts and points are chargeable for each of the offenses, points shall be charged for only the conviction or bond forfeiture for which the greater number of points is chargeable, and, if the number of points chargeable for each offense is equal, only one offense shall be recorded, and points shall be charged only for that offense.
Sec. 4511.043. (A)(1) No law enforcement officer who stops the operator of a motor vehicle in the course of an authorized sobriety or other motor vehicle checkpoint operation or a motor vehicle safety inspection shall issue a ticket, citation, or summons for a secondary traffic offense unless in the course of the checkpoint operation or safety inspection the officer first determines that an offense other than a secondary traffic offense has occurred and either places the operator or a vehicle occupant under arrest or issues a ticket, citation, or summons to the operator or a vehicle occupant for an offense other than a secondary offense.
(2) A law enforcement agency that operates a motor vehicle checkpoint for an express purpose related to a secondary traffic offense shall not issue a ticket, citation, or summons for any secondary traffic offense at such a checkpoint, but may use such a checkpoint operation to conduct a public awareness campaign and distribute information.
(B)
As used in this section, "secondary traffic offense" means
a violation of division (A) or (F)(2) of section 4507.05, division
(B)(1)(a) or (b) or (E) of section 4507.071, division
(A) of section 4511.204, division
(C) or (D) of section 4511.81, division (A)(3) of section 4513.03, or
division (B) of section 4513.263 of the Revised Code.
Sec. 4511.122. (A) The department of transportation shall include a sign, in the department's manual for a uniform system of traffic control devices adopted under section 4511.09 of the Revised Code, regarding the prohibition against using an electronic wireless communications device while driving, as established under section 4511.204 of the Revised Code.
(B) The director of transportation shall erect the signs established by this section in the following locations:
(1) Where an interstate or United States route enters Ohio;
(2) Where a road, originating from a commercial service airport, exits the airport's property.
Sec. 4511.181. As used in sections 4511.181 to 4511.198 of the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section 4511.19 of the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of section 2903.04 of the Revised Code in a case in which the offender was subject to the sanctions described in division (D) of that section;
(4)
A violation of division (A)(1)
(A)(1)(a),
(b), or (c) of
section 2903.06 or 2903.08 of the Revised Code or a municipal
ordinance that is substantially equivalent to either
any
of
those divisions;
(5) A violation of division (A)(2), (3), or (4) of section 2903.06, division (A)(2) of section 2903.08, or former section 2903.07 of the Revised Code, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them;
(6) A violation of division (A) or (B) of section 1547.11 of the Revised Code;
(7) A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(8) A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of section 4511.19 or division (A) or (B) of section 1547.11 of the Revised Code;
(9) A violation of a former law of this state that was substantially equivalent to division (A) or (B) of section 4511.19 or division (A) or (B) of section 1547.11 of the Revised Code.
(B) "Mandatory jail term" means the mandatory term in jail of three, six, ten, twenty, thirty, or sixty days that must be imposed under division (G)(1)(a), (b), or (c) of section 4511.19 of the Revised Code upon an offender convicted of a violation of division (A) of that section and in relation to which all of the following apply:
(1) Except as specifically authorized under section 4511.19 of the Revised Code, the term must be served in a jail.
(2) Except as specifically authorized under section 4511.19 of the Revised Code, the term cannot be suspended, reduced, or otherwise modified pursuant to sections 2929.21 to 2929.28 or any other provision of the Revised Code.
(C) "Municipal OVI ordinance" and "municipal OVI offense" mean any municipal ordinance prohibiting a person from operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine.
(D) "Community residential sanction," "continuous alcohol monitoring," "jail," "mandatory prison term," "mandatory term of local incarceration," "sanction," and "prison term" have the same meanings as in section 2929.01 of the Revised Code.
(E) "Drug of abuse" has the same meaning as in section 4506.01 of the Revised Code.
(F) "Equivalent offense that is vehicle-related" means an equivalent offense that is any of the following:
(1) A violation described in division (A)(1), (2), (3), (4), or (5) of this section;
(2) A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of section 4511.19 of the Revised Code;
(3) A violation of a former law of this state that was substantially equivalent to division (A) or (B) of section 4511.19 of the Revised Code.
Sec. 4511.195. (A) As used in this section:
(1) "Arrested person" means a person who is arrested for a violation of division (A) of section 4511.19 of the Revised Code or a municipal OVI ordinance and whose arrest results in a vehicle being seized under division (B) of this section.
(2) "Vehicle owner" means either of the following:
(a) The person in whose name is registered, at the time of the seizure, a vehicle that is seized under division (B) of this section;
(b) A person to whom the certificate of title to a vehicle that is seized under division (B) of this section has been assigned and who has not obtained a certificate of title to the vehicle in that person's name, but who is deemed by the court as being the owner of the vehicle at the time the vehicle was seized under division (B) of this section.
(3) "Interested party" includes the owner of a vehicle seized under this section, all lienholders, the arrested person, the owner of the place of storage at which a vehicle seized under this section is stored, and the person or entity that caused the vehicle to be removed.
(B)(1) The arresting officer or another officer of the law enforcement agency that employs the arresting officer, in addition to any action that the arresting officer is required or authorized to take by section 4511.19 or 4511.191 of the Revised Code or by any other provision of law, shall seize the vehicle that a person was operating at the time of the alleged offense and its license plates if the vehicle is registered in the arrested person's name and if either of the following applies:
(a) The person is arrested for a violation of division (A) of section 4511.19 of the Revised Code or of a municipal OVI ordinance and, within ten years of the alleged violation, the person previously has been convicted of or pleaded guilty to one or more violations of division (A) or (B) of section 4511.19 of the Revised Code or one or more other equivalent offenses.
(b) The person is arrested for a violation of division (A) of section 4511.19 of the Revised Code or of a municipal OVI ordinance and the person previously has been convicted of or pleaded guilty to a violation of division (A) of section 4511.19 of the Revised Code under circumstances in which the violation was a felony, regardless of when the prior felony violation of division (A) of section 4511.19 of the Revised Code and the conviction or guilty plea occurred.
(2) A law enforcement agency that employs a law enforcement officer who makes an arrest of a type that is described in division (B)(1) of this section and that involves a rented or leased vehicle that is being rented or leased for a period of thirty days or less shall notify, within twenty-four hours after the officer makes the arrest, the lessor or owner of the vehicle regarding the circumstances of the arrest and the location at which the vehicle may be picked up. At the time of the seizure of the vehicle, the law enforcement officer who made the arrest shall give the arrested person written notice that the vehicle and its license plates have been seized; that the vehicle either will be kept by the officer's law enforcement agency or will be immobilized at least until the operator's initial appearance on the charge of the offense for which the arrest was made; that, at the initial appearance, the court in certain circumstances may order that the vehicle and license plates be released to the arrested person until the disposition of that charge; and that, if the arrested person is convicted of that charge, the court generally must order the immobilization of the vehicle and the impoundment of its license plates, or the forfeiture of the vehicle.
(3) The arresting officer or a law enforcement officer of the agency that employs the arresting officer shall give written notice of the seizure to the court that will conduct the initial appearance of the arrested person on the charges arising out of the arrest. Upon receipt of the notice, the court promptly shall determine whether the arrested person is the vehicle owner. If the court determines that the arrested person is not the vehicle owner, it promptly shall send by regular mail written notice of the seizure to the vehicle's registered owner. The written notice shall contain all of the information required by division (B)(2) of this section to be in a notice to be given to the arrested person and also shall specify the date, time, and place of the arrested person's initial appearance. The notice also shall inform the vehicle owner that if title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and division (B)(2) or (3) of section 4503.234 of the Revised Code applies, the court may fine the arrested person the value of the vehicle. The notice also shall state that if the vehicle is immobilized under division (A) of section 4503.233 of the Revised Code, seven days after the end of the period of immobilization a law enforcement agency will send the vehicle owner a notice, informing the owner that if the release of the vehicle is not obtained in accordance with division (D)(3) of section 4503.233 of the Revised Code, the vehicle shall be forfeited. The notice also shall inform the vehicle owner that the vehicle owner may be charged expenses or charges incurred under this section and section 4503.233 of the Revised Code for the removal and storage of the vehicle.
The written notice that is given to the arrested person also shall state that if the person is convicted of or pleads guilty to the offense and the court issues an immobilization and impoundment order relative to that vehicle, division (D)(4) of section 4503.233 of the Revised Code prohibits the vehicle from being sold during the period of immobilization without the prior approval of the court.
(4) At or before the initial appearance, the vehicle owner may file a motion requesting the court to order that the vehicle and its license plates be released to the vehicle owner. Except as provided in this division and subject to the payment of expenses or charges incurred in the removal and storage of the vehicle, the court, in its discretion, then may issue an order releasing the vehicle and its license plates to the vehicle owner. Such an order may be conditioned upon such terms as the court determines appropriate, including the posting of a bond in an amount determined by the court. If the arrested person is not the vehicle owner and if the vehicle owner is not present at the arrested person's initial appearance, and if the court believes that the vehicle owner was not provided with adequate notice of the initial appearance, the court, in its discretion, may allow the vehicle owner to file a motion within seven days of the initial appearance. If the court allows the vehicle owner to file such a motion after the initial appearance, the extension of time granted by the court does not extend the time within which the initial appearance is to be conducted. If the court issues an order for the release of the vehicle and its license plates, a copy of the order shall be made available to the vehicle owner. If the vehicle owner presents a copy of the order to the law enforcement agency that employs the law enforcement officer who arrested the arrested person, the law enforcement agency promptly shall release the vehicle and its license plates to the vehicle owner upon payment by the vehicle owner of any expenses or charges incurred in the removal and storage of the vehicle.
(5)
A vehicle seized under division (B)(1) of this section either shall
be towed to a place specified by the law enforcement agency that
employs the arresting officer to be safely kept by the agency at that
place for the time and in the manner specified in this section or
shall be otherwise immobilized for the time and in the manner
specified in this section. A
law enforcement officer of that agency shall remove the
identification license plates of the vehicle, and they shall be
safely kept by the agency for the time and in the manner specified in
this sectionThe
license plates shall remain on the seized vehicle unless otherwise
ordered by the court.
No vehicle that is seized and either towed or immobilized pursuant to
this division shall be considered contraband for purposes of Chapter
2981. of the Revised Code. The vehicle shall not be immobilized at
any place other than a commercially operated private storage lot, a
place owned by a law enforcement agency or other government agency,
or a place to which one of the following applies:
(a) The place is leased by or otherwise under the control of a law enforcement agency or other government agency.
(b) The place is owned by the vehicle operator, the vehicle operator's spouse, or a parent or child of the vehicle operator.
(c) The place is owned by a private person or entity, and, prior to the immobilization, the private entity or person that owns the place, or the authorized agent of that private entity or person, has given express written consent for the immobilization to be carried out at that place.
(d) The place is a street or highway on which the vehicle is parked in accordance with the law.
(C)(1)
A vehicle seized under division (B) of this section shall be safely
kept at the place to which it is towed or otherwise moved by the law
enforcement agency that employs the arresting officer until the
initial appearance of the arrested person relative to the charge in
question. The license plates of
shall
remain on the
seized
vehicle
that
are removed pursuant to division (B) of this section shall be safely
kept by the law enforcement agency that employs the arresting officer
until the initial appearance of the arrested person relative to the
charge in questionunless
otherwise ordered by the court.
(2)(a) At the initial appearance or not less than seven days prior to the date of final disposition, the court shall notify the arrested person that, if title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and division (B)(2) or (3) of section 4503.234 of the Revised Code applies, the court may fine the arrested person the value of the vehicle. If, at the initial appearance, the arrested person pleads guilty to the violation of division (A) of section 4511.19 of the Revised Code or of the municipal OVI ordinance or pleads no contest to and is convicted of the violation, the court shall impose sentence upon the person as provided by law or ordinance; the court shall order the immobilization of the vehicle the arrested person was operating at the time of the offense if registered in the arrested person's name and the impoundment of its license plates under section 4503.233 and section 4511.19 or 4511.193 of the Revised Code or the criminal forfeiture to the state of the vehicle if registered in the arrested person's name under section 4503.234 and section 4511.19 or 4511.193 of the Revised Code, whichever is applicable; and the vehicle and its license plates shall not be returned or released to the arrested person.
(b) If, at any time, the charge that the arrested person violated division (A) of section 4511.19 of the Revised Code or the municipal OVI ordinance is dismissed for any reason, the court shall order that the vehicle seized at the time of the arrest and its license plates immediately be released to the person.
(D) If a vehicle and its license plates are seized under division (B) of this section and are not returned or released to the arrested person pursuant to division (C) of this section, the vehicle and its license plates shall be retained until the final disposition of the charge in question. Upon the final disposition of that charge, the court shall do whichever of the following is applicable:
(1) If the arrested person is convicted of or pleads guilty to the violation of division (A) of section 4511.19 of the Revised Code or of the municipal OVI ordinance, the court shall impose sentence upon the person as provided by law or ordinance and shall order the immobilization of the vehicle the person was operating at the time of the offense if it is registered in the arrested person's name and the impoundment of its license plates under section 4503.233 and section 4511.19 or 4511.193 of the Revised Code, or the criminal forfeiture of the vehicle if it is registered in the arrested person's name under section 4503.234 and section 4511.19 or 4511.193 of the Revised Code, whichever is applicable.
(2) If the arrested person is found not guilty of the violation of division (A) of section 4511.19 of the Revised Code or of the municipal OVI ordinance, the court shall order that the vehicle and its license plates immediately be released to the arrested person.
(3) If the charge that the arrested person violated division (A) of section 4511.19 of the Revised Code or the municipal OVI ordinance is dismissed for any reason, the court shall order that the vehicle and its license plates immediately be released to the arrested person.
(4) If the impoundment of the vehicle was not authorized under this section, the court shall order that the vehicle and its license plates be returned immediately to the arrested person or, if the arrested person is not the vehicle owner, to the vehicle owner, and shall order that the state or political subdivision of the law enforcement agency served by the law enforcement officer who seized the vehicle pay all expenses and charges incurred in its removal and storage.
(E) If a vehicle is seized under division (B) of this section, the time between the seizure of the vehicle and either its release to the arrested person under division (C) of this section or the issuance of an order of immobilization of the vehicle under section 4503.233 of the Revised Code shall be credited against the period of immobilization ordered by the court.
(F)(1) Except as provided in division (D)(4) of this section, the arrested person may be charged expenses or charges incurred in the removal and storage of the immobilized vehicle. The court with jurisdiction over the case, after notice to all interested parties, including lienholders, and after an opportunity for them to be heard, if the court finds that the arrested person does not intend to seek release of the vehicle at the end of the period of immobilization under section 4503.233 of the Revised Code or that the arrested person is not or will not be able to pay the expenses and charges incurred in its removal and storage, may order that title to the vehicle be transferred, in order of priority, first into the name of the person or entity that removed it, next into the name of a lienholder, or lastly into the name of the owner of the place of storage.
Any lienholder that receives title under a court order shall do so on the condition that it pay any expenses or charges incurred in the vehicle's removal and storage. If the person or entity that receives title to the vehicle is the person or entity that removed it, the person or entity shall receive title on the condition that it pay any lien on the vehicle. The court shall not order that title be transferred to any person or entity other than the owner of the place of storage if the person or entity refuses to receive the title. Any person or entity that receives title either may keep title to the vehicle or may dispose of the vehicle in any legal manner that it considers appropriate, including assignment of the certificate of title to the motor vehicle to a salvage dealer or a scrap metal processing facility. The person or entity shall not transfer the vehicle to the person who is the vehicle's immediate previous owner.
If the person or entity that receives title assigns the motor vehicle to a salvage dealer or scrap metal processing facility, the person or entity shall send the assigned certificate of title to the motor vehicle to the clerk of the court of common pleas of the county in which the salvage dealer or scrap metal processing facility is located. The person or entity shall mark the face of the certificate of title with the words "FOR DESTRUCTION" and shall deliver a photocopy of the certificate of title to the salvage dealer or scrap metal processing facility for its records.
(2) Whenever a court issues an order under division (F)(1) of this section, the court also shall order removal of the license plates from the vehicle and cause them to be sent to the registrar of motor vehicles if they have not already been sent to the registrar. Thereafter, no further proceedings shall take place under this section or under section 4503.233 of the Revised Code.
(3) Prior to initiating a proceeding under division (F)(1) of this section, and upon payment of the fee under division (B) of section 4505.14 of the Revised Code, any interested party may cause a search to be made of the public records of the bureau of motor vehicles or the clerk of the court of common pleas, to ascertain the identity of any lienholder of the vehicle. The initiating party shall furnish this information to the clerk of the court with jurisdiction over the case, and the clerk shall provide notice to the arrested person, any lienholder, and any other interested parties listed by the initiating party, at the last known address supplied by the initiating party, by certified mail or, at the option of the initiating party, by personal service or ordinary mail.
Sec. 4511.202. (A) No person shall operate a motor vehicle, trackless trolley, streetcar, agricultural tractor, or agricultural tractor that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, streetcar, agricultural tractor, or unit of farm machinery.
(B) Whoever violates this section is guilty of operating a motor vehicle or agricultural tractor without being in control of it, a minor misdemeanor.
If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.
Sec. 4511.204. (A) As used in this section:
(1) "Electronic wireless communications device" includes any of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(d) A computer, including a laptop computer and a computer tablet;
(e) Any device capable of displaying a video, movie, broadcast television image, or visual image;
(f) Any other substantially similar wireless device that is designed or used to communicate text, initiate or receive communication, or exchange information or data.
(2) "Voice-operated or hands-free feature or function" means a feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(3) "Utility" means an entity specified in division (A), (C), (D), (E), or (G) of section 4905.03 of the Revised Code.
(4) "Utility service vehicle" means a vehicle owned or operated by a utility.
(B)
No
person shall drive
operate
a
motor vehicle, trackless trolley, or streetcar on any street,
highway, or property open to the public for vehicular traffic while
using
a handheld doing
any of the following:
(1)
Using any part of the person's body to operate, hold, or support an
electronic
wireless communications device to write,do
any of the following:
(a)
Write,
send,
or read a
text-based any
communication,
including a text message, electronic mail, social media interaction,
or instant message;
(b) Engage in any form of electronic data retrieval or electronic data communication;
(c) Manually enter letters, numbers, or symbols into any web site, search engine, or application, including a calendar or navigation service site;
(d) Make any communication, including a telephone call, video conference, voice message, or one-way voice communication;
(2) Using an electronic wireless communications device to do any of the following:
(a) View a video, movie, broadcast television image, or visual image;
(b) Record, post, send, or broadcast a video or image.
(B)
(C)
Division
(A)
(B)
of
this section does not apply to any of the following:
(1)
A person using a
handheld an
electronic
wireless communications device in
that manner for emergency purposes,
including
an emergency to
make contact,
for emergency purposes,
with
a law enforcement agency, hospital or health care provider, fire
department, or other similar emergency agency or entity;
(2)
A person driving
operating
a
public safety vehicle who
uses a handheld while
using an electronic
wireless communications device in
that manner in
the course of the person's official
duties;
(3)
A person using a
handheld an
electronic
wireless communications device in
that manner whose
motor vehicle is in a stationary position and
who is outside
a lane of travel;
(4)
A person reading,
selecting, or entering a name or telephone number in a handheld
electronic wireless communications device for the purpose of making
or receiving
a
telephone calloperating
a utility service vehicle or a vehicle for or on behalf of a utility,
if the person is acting in response to an emergency, power outage, or
circumstance that affects the health or safety of individuals;
(5) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(6) A person using an electronic wireless communications device for purposes of navigation, watching data related to navigation, or watching a static background image that supports a mapping service or similar application, provided that both of the following apply:
(a) The person does not manually enter letters, numbers, or symbols into the device during the use.
(b) The person is not holding or supporting the device with any part of the person's body.
(7)
A
person receiving
wireless messages on a device regarding the operation or navigation
of a motor vehicle; safety-related information, including emergency,
traffic, or weather alerts; or data used primarily by using
a component that is permanently installed in the
motor vehicle,
trackless trolley, or streetcar, regardless of whether the component
was factory-installed or installed after manufacture;
(6)
A person receiving wireless messages via radio waves;
(7)
A person using a device for navigation purposes;
(8)
A person conducting wireless interpersonal communication with a
device that does not require manually entering letters, numbers, or
symbols or reading text messages, except to activate, deactivate, or
initiate the device or a feature or function of the device;
(9)
A person operating a commercial truck while using a mobile data
terminal that transmits and receives data;
(10)
(8)
A
person using a
handheld an
electronic
wireless communications device in conjunction with a voice-operated
or hands-free device
feature
or function of the vehicle
to
make or receive a communication or use an application, provided that
both of the following apply:
(a) The person does not manually enter letters, numbers, or symbols into the device during the use.
(b) The person is not holding or supporting the device with any part of the person's body.
(9) A person using the speaker phone function of the electronic wireless communications device, provided that the person is not holding or supporting the device with any part of the person's body;
(10) A person using a feature or function of the electronic wireless communications device with a single touch or single swipe, provided that both of the following apply:
(a) The person does not manually enter letters, numbers, or symbols into the device during the use.
(b) The person is not holding or supporting the device with any part of the person's body.
(C)(1)
Notwithstanding any provision of law to the contrary, no law
enforcement officer shall cause an operator of an automobile being
operated on any street or highway to stop the automobile for the sole
purpose of determining whether a violation of division (A) of this
section has been or is being committed or for the sole purpose of
issuing a ticket, citation, or summons for a violation of that nature
or causing the arrest of or commencing a prosecution of a person for
a violation of that nature, and no law enforcement officer shall view
the interior or visually inspect any automobile being operated on any
street or highway for the sole purpose of determining whether a
violation of that nature has been or is being committed.
(2)
(D)
On
January 31 of each year, the department of public safety shall issue
a report to the general assembly that specifies the number of
citations issued for violations of this section during the previous
calendar year.
(D)(E)(1)
Whoever
violates division (A)
(B)
of
this section is guilty of
operating
a
minor
misdemeanormotor
vehicle while using an electronic wireless communication device, an
unclassified misdemeanor.
(a) Except as provided in divisions (E)(1)(b) and (c) of this section, the court shall impose upon the offender a fine of one hundred fifty dollars.
(b) If, within three years of the violation, the offender has been convicted of or pleaded guilty to one prior violation of this section or a substantially equivalent municipal ordinance, the court shall impose upon the offender a fine of not less than two hundred and fifty dollars.
(c) If, within three years of the violation, the offender has been convicted of or pleaded guilty to two or more prior violations of this section or a substantially equivalent municipal ordinance, the court shall impose upon the offender a fine of not less than five hundred dollars. The court also may impose a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code.
(2) The court may impose any other penalty authorized under sections 2929.21 to 2929.28 of the Revised Code. However, the court shall not impose a fine or a suspension not otherwise specified in division (E)(1) of this section. The court also shall not impose a jail term or community residential sanction.
(E)
(F)
This
section shall not be construed as invalidating, preempting, or
superseding a substantially equivalent municipal ordinance that
prescribes penalties for violations of that ordinance that are
greater than the penalties prescribed in this section for violations
of this section.
(F)
(G)
A
prosecution for a
an
offense in violation
of this section does not preclude a prosecution for a
an
offense in violation
of a substantially equivalent municipal ordinance based on the same
conduct. However,
if an offender is convicted of or pleads guilty to a violation of
this section and is also convicted of or pleads guilty to a violation
of a substantially equivalent municipal ordinance based on the same
conduct,
the two offenses are allied offenses of similar import under section
2941.25 of the Revised Code.
(G)
As used in this section:
(1)
"Electronic wireless communications device" includes any of
the following:
(a)
A wireless telephone;
(b)
A text-messaging device;
(c)
A personal digital assistant;
(d)
A computer, including a laptop computer and a computer tablet;
(e)
Any other substantially similar wireless device that is designed or
used to communicate text.
(2)
"Voice-operated or hands-free device" means a device that
allows the user to vocally compose or send, or to listen to a
text-based communication without the use of either hand except to
activate or deactivate a feature or function.
(3)
"Write, send, or read a text-based communication" means to
manually write or send, or read a text-based communication using an
electronic wireless communications device, including manually writing
or sending, or reading communications referred to as text messages,
instant messages, or electronic mail(H)
The offense established under this section is a strict liability
offense and section 2901.20 of the Revised Code does not apply. The
designation of this offense as a strict liability offense shall not
be construed to imply that any other offense, for which there is no
specified degree of culpability, is not a strict liability offense.
Sec. 4511.454. (A) When the failure of a motor vehicle operator to yield the right-of-way to a public safety vehicle as required by division (A) of section 4511.45 of the Revised Code impedes the ability of the public safety vehicle to respond to an emergency, any emergency personnel in the public safety vehicle may report the license plate number and a general description of the vehicle and the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred.
(B)(1) Upon receipt of a report under division (A) of this section, the law enforcement agency may conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation.
(2) If the identity of the operator at the time of an alleged violation of division (A) of section 4511.45 of the Revised Code is established, the law enforcement agency has probable cause to issue either a written warning or a citation for that violation, and the agency shall issue a written warning or a citation to the operator.
(3) If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may issue a written warning to the person who owned the vehicle at the time of the alleged violation. However, in the case of a leased or rented vehicle, the law enforcement agency shall issue the written warning to the person who leased or rented the vehicle at the time of the alleged violation.
(C)(1) Whoever violates division (A) of section 4511.45 of the Revised Code based on a report filed under division (A) of this section is guilty of a minor misdemeanor and shall be fined one hundred fifty dollars.
(2) If a person who is issued a citation for a violation of division (A) of section 4511.45 of the Revised Code based on a report filed under division (A) of this section does not enter a written plea of guilty and does not waive the person's right to contest the citation but instead appears in person in the proper court to answer the charge, the trier of fact cannot find beyond a reasonable doubt that the person committed that violation unless the emergency personnel who filed the report appears in person in the court and testifies.
(D) As used in this section:
(1)
"License plate" includes any temporary motor
vehicle license
placard
registration
issued
under section 4503.182 of the Revised Code or similar law of another
jurisdiction.
(2) "Public safety vehicle" does not include an unmarked public safety vehicle or a vehicle used by a public law enforcement officer or other person sworn to enforce the criminal and traffic laws of the state or a vehicle used by the motor carrier enforcement unit for the enforcement of orders and rules of the public utilities commission.
Sec.
4511.46. (A)
When traffic control signals are not in place, not in operation, or
are not clearly assigning the right-of-way, the driver of a vehicle,
trackless trolley, or streetcar shall stop
to yield
the right of way,
slowing down or stopping if need be to so yield or if required by
section 4511.132 of the Revised Code,
to
a
pedestrian waiting at the curb to enter the crosswalk on the half of
the roadway upon which the vehicle is traveling, to a
pedestrian crossing the roadway within
in
a
crosswalk when the pedestrian is upon
on
the
half of the roadway upon which the vehicle is traveling, or to
a pedestrian when
the pedestrian is
in a crosswalk and is
approaching so closely from the opposite half of the roadway as to be
in danger.
The
vehicle, trackless trolley, or streetcar shall remain stopped until
the pedestrian has completed crossing the half of the roadway upon
which the vehicle is traveling.
(B) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, trackless trolley, or streetcar which is so close as to constitute an immediate hazard.
(C) Division (A) of this section does not apply under the conditions stated in division (B) of section 4511.48 of the Revised Code.
(D) Whenever any vehicle, trackless trolley, or streetcar is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle, trackless trolley, or streetcar approaching from the rear shall not overtake and pass the stopped vehicle.
(E) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver to proceed.
It is no defense to a charge under this division that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (B) of this section.
(B) Every school bus shall be equipped with amber and red visual signals meeting the requirements of section 4511.771 of the Revised Code, and an automatically extended stop warning sign of a type approved by the state board of education, which shall be actuated by the driver of the bus whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and county boards of developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the board.
(C) Where a highway has been divided into four or more traffic lanes, a driver of a vehicle, streetcar, or trackless trolley need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle, streetcar, or trackless trolley overtaking the school bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, and children attending programs offered by head start agencies on their residence side of the highway.
(E) No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child's or person's residence side of the road.
(F)(1) Whoever violates division (A) of this section may be fined an amount not to exceed five hundred dollars. A person who is issued a citation for a violation of division (A) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge.
(2) In addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the registrar of motor vehicles, together with notice of the court's action.
If the offender commits the offense while distracted and the distracting activity is a contributing factor to the commission of the offense, the offender is subject to the additional fine established under section 4511.991 of the Revised Code.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section 3301.32 of the Revised Code.
(2) "School bus," as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the state board of education, is painted the color and displays the markings described in section 4511.77 of the Revised Code, and is equipped with amber and red visual signals meeting the requirements of section 4511.771 of the Revised Code, irrespective of whether or not the bus has fifteen or more children aboard at any time. "School bus" does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings.
Sec.
4511.751. As
used in this section, "license plate" includes, but is not
limited to, any temporary motor
vehicle license
placard
registration
issued
under section 4503.182 of the Revised Code or similar law of another
jurisdiction.
When the operator of a school bus believes that a motorist has violated division (A) of section 4511.75 of the Revised Code, the operator shall report the license plate number and a general description of the vehicle and of the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred. The information contained in the report relating to the license plate number and to the general description of the vehicle and the operator of the vehicle at the time of the alleged violation may be supplied by any person with first-hand knowledge of the information. Information of which the operator of the school bus has first-hand knowledge also may be corroborated by any other person.
Upon receipt of the report of the alleged violation of division (A) of section 4511.75 of the Revised Code, the law enforcement agency shall conduct an investigation to attempt to determine or confirm the identity of the operator of the vehicle at the time of the alleged violation. If the identity of the operator at the time of the alleged violation is established, the reporting of the license plate number of the vehicle shall establish probable cause for the law enforcement agency to issue a citation for the violation of division (A) of section 4511.75 of the Revised Code. However, if the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency shall issue a warning to the owner of the vehicle at the time of the alleged violation, except in the case of a leased or rented vehicle when the warning shall be issued to the lessee at the time of the alleged violation.
The registrar of motor vehicles and deputy registrars shall, at the time of issuing license plates to any person, include with the license plate a summary of the requirements of division (A) of section 4511.75 of the Revised Code and the procedures of, and penalty in, division (F) of section 4511.75 of the Revised Code.
Sec. 4511.991. (A) As used in this section and each section referenced in division (B) of this section, all of the following apply:
(1) "Distracted" means doing either of the following while operating a vehicle:
(a)
Using a
handheld an
electronic
wireless communications device, as defined in section 4511.204 of the
Revised Code,
except
when utilizing any of the following:
(i)
The device's speakerphone function;
(ii)
A wireless technology standard for exchanging data over short
distances;
(iii)
A "voice-operated or hands-free" device that allows the
person to use the electronic wireless communications device without
the use of either hand except to activate, deactivate, or initiate a
feature or function;
(iv)
Any device that is physically or electronically integrated into the
motor vehicle
in
violation of that section.
(b) Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(2) "Distracted" does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of section 4511.84 of the Revised Code.
(3) "Distracted" does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals.
As used in division (A)(3) of this section:
(a) "Utility" means an entity specified in division (A), (C), (D), (E), or (G) of section 4905.03 of the Revised Code.
(b) "Utility service vehicle" means a vehicle owned or operated by a utility.
(B)
If an offender violates section 4511.03, 4511.051, 4511.12, 4511.121,
4511.132, 4511.202,
4511.21,
4511.211, 4511.213, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27,
4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34,
4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41,
4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.451, 4511.46,
4511.47, 4511.54, 4511.55, 4511.57, 4511.58, 4511.59, 4511.60,
4511.61, 4511.64, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, or
4511.73,
or 4511.75
of
the Revised Code while distracted and the distracting activity is a
contributing factor to the commission of the violation, the offender
is subject to the applicable penalty for the violation and,
notwithstanding section 2929.28 of the Revised Code, is subject to an
additional fine of not more than one hundred dollars as follows:
(1) Subject to the mandatory appearance requirements of Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of the Revised Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender's right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars.
In lieu of payment of the additional fine of one hundred dollars, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the director of public safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of one hundred dollars, so long as the offender submits to the court both the offender's payment in full and such written evidence.
(2) If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars.
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars, the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars, the offender instead may elect to attend the distracted driving safety course described in division (B)(1) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation, but shall not be required to pay the additional fine of not more than one hundred dollars, so long as the offender submits to the court the offender's payment and such written evidence.
Sec.
4519.10. (A)
The purchaser of an off-highway motorcycle or all-purpose vehicle,
upon application and proof of purchase, may obtain a temporary motor
vehicle license
placard
registration
for
it. The application for
such a placard shall
be signed by the purchaser of the off-highway motorcycle or
all-purpose vehicle. The temporary motor
vehicle license
placard
registration
shall
be issued only for the applicant's use of the off-highway motorcycle
or all-purpose vehicle to enable the applicant to operate it legally
while proper title and a registration sticker or license plate and
validation sticker are being obtained and shall be displayed on no
other off-highway motorcycle or all-purpose vehicle. A temporary
motor
vehicle license
placard
registration
issued
under this section shall be in a form prescribed by the registrar of
motor vehicles, shall differ in some distinctive manner from a
placard
registration
issued
under section 4503.182 of the Revised Code, shall be valid for a
period of forty-five days from the date of issuance, and shall not be
transferable or renewable. The placard
temporary
motor vehicle license registration either
shall consist of or be coated with such material as will enable it to
remain legible and relatively intact despite the environmental
conditions to which the
placard it
is
likely to be exposed during the forty-five-day period for which it is
valid. The purchaser of an off-highway motorcycle or all-purpose
vehicle shall attach the temporary motor
vehicle license
placard
registration
to
it, in a manner prescribed by rules the registrar shall adopt, so
that the placard
numerals
or letters are clearly visible.
The
fee for a temporary motor
vehicle license
placard
registration
issued
under this section shall
be is
two
dollars. If the placard
temporary
motor vehicle license registration is
issued by a deputy registrar, the deputy registrar shall charge an
additional fee equal to the amount established under section 4503.038
of the Revised Code, which the deputy registrar shall retain. The
deputy registrar shall transmit each two-dollar fee received by the
deputy registrar under this section to the registrar, who shall pay
the two dollars to the treasurer of state for deposit into the public
safety - highway purposes fund established by section 4501.06 of the
Revised Code.
(B)
The registrar may issue temporary motor
vehicle license
placards
registrations
to
a dealer to be issued to purchasers for use on vehicles sold by the
dealer, in accordance with rules prescribed by the registrar. The
dealer shall notify the registrar within forty-eight hours of proof
of issuance on a form prescribed by the registrar.
The
fee for each such placard
temporary
motor vehicle license registration issued
by the registrar to a dealer shall be two dollars plus a fee equal to
the amount established under section 4503.038 of the Revised Code.
Sec. 4519.59. (A)(1) The clerk of a court of common pleas shall charge and retain fees as follows:
(a)
Fifteen
Seventeen
dollars
for each certificate of title or duplicate certificate of title
including the issuance of a memorandum certificate of title,
authorization to print a non-negotiable evidence of ownership
described in division (D) of section 4519.58 of the Revised Code,
non-negotiable evidence of ownership printed by the clerk under
division (E) of that section, and notation of any lien on a
certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title.
(b) Five dollars for each certificate of title with no security interest noted that is issued to a licensed motor vehicle dealer for resale purposes. The clerk shall retain two dollars and twenty-five cents of that fee.
(c) Five dollars for each memorandum certificate of title or non-negotiable evidence of ownership that is applied for separately. The clerk shall retain that entire fee.
(2) The fees that are not retained by the clerk shall be paid to the registrar of motor vehicles by monthly returns, which shall be forwarded to the registrar not later than the fifth day of the month next succeeding that in which the certificate is forwarded or that in which the registrar is notified of a lien or cancellation of a lien.
(B)(1) The registrar shall pay twenty-five cents of the amount received for each certificate of title that is issued to a motor vehicle dealer for resale, one dollar for certificates of title issued with a lien or security interest noted on the certificate of title, and twenty-five cents for each certificate of title with no lien or security interest noted on the certificate of title into the public safety - highway purposes fund established in section 4501.06 of the Revised Code.
(2) Fifty cents of the amount received for each certificate of title shall be paid by the registrar as follows:
(a) Four cents shall be paid into the state treasury to the credit of the motor vehicle dealers board fund created in section 4505.09 of the Revised Code, for use as described in division (B)(2)(a) of that section.
(b) Twenty-one cents shall be paid into the highway operating fund.
(c) Twenty-five cents shall be paid into the state treasury to the credit of the motor vehicle sales audit fund created in section 4505.09 of the Revised Code, for use as described in division (B)(2)(c) of that section.
(3) Two dollars of the amount received by the registrar for each certificate of title shall be paid into the state treasury to the credit of the automated title processing fund created in section 4505.09 of the Revised Code, for use as described in divisions (B)(3)(a) and (c) of that section.
(4) Two dollars of the amount received by the registrar under division (A)(1)(a) of this section for each certificate of title shall be paid into the state treasury to the credit of the security, investigations, and policing fund created by section 4501.11 of the Revised Code.
Sec.
4561.01. As
used in sections
4561.01 to 4561.25 of the Revised Codethis
chapter:
(A) "Aviation" means transportation by aircraft; operation of aircraft; the establishment, operation, maintenance, repair, and improvement of airports, landing fields, and other air navigation facilities; and all other activities connected therewith or incidental thereto.
(B)
"Aircraft" means any contrivance
manned
device used
or designed
intended
for
navigation
or flight
in the air,
excepting a parachute or other contrivance for such navigation used
primarily as safety equipment.
(C) "Airport" means any location either on land or water which is used for the landing and taking off of aircraft, including heliports and seaplane landing sites. "Airport" does not include a federal navigable waterway or a military airport owned by the United States government.
(D) "Landing field" means any location either on land or water of such size and nature as to permit the landing or taking off of aircraft with safety, and used for that purpose but not equipped to provide for the shelter, supply, or care of aircraft.
(E) "Air navigation facility" means any facility used, available for use, or designed for use in aid of navigation of aircraft, including airports, landing fields, facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid to the safe taking off, navigation, and landing of aircraft, or to the safe and efficient operation or maintenance of an airport or landing field, and any combination of such facilities.
(F)
"Air navigation hazard" means any structure, object of
natural growth, or use of land, that obstructs the air
space airspace
required
for the flight of aircraft in landing or taking off at any airport or
landing field, or that otherwise is hazardous to such
landing or taking offair
navigation.
(G)
"Air navigation," "navigation of aircraft," or
"navigate aircraft" means the operation of aircraft in the
air
space airspace
over
this state.
(H) "Airperson" means any individual who, as the person in command, or as pilot, mechanic, or member of the crew, engages in the navigation of aircraft.
(I)
"Airway" means a route in the air
space airspace
over
and above the lands or waters of this state,
designated by the Ohio aviation board as a route
suitable
for the navigation of aircraft.
(J) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
(K) "Government agency" means a state agency, state institution of higher education, regional port authority, or any other political subdivision of the state, or the federal government or other states.
(L) "Navigable airspace" means the air and surface space around an airport that an aircraft requires to remain clear of obstructions based on the obstruction standards specified in 14 C.F.R. part 77, and any federal aviation administration regulations, advisory circulars, and other guidance.
(M) "Obstruction" means any structure that penetrates the navigable airspace, regardless of whether the structure is natural or artificial, permanent or temporary, and existing or future.
(N) "Structure" means any permanent or temporary object, including a building, tower, crane, scaffold, smokestack, batch plant, earth formation, stockpile, transmission line, light pole, flagpole, ship mast, traverse way, and mobile object.
(O) "Install, erect, construct, or establish" means undertaking any action that affects the natural environment of the site of a structure or object of natural growth, including clearing of land, excavation, or planting. "Install, erect, construct, or establish" does not include surveying changes necessary for temporary use of the site and use in securing geological data, including making necessary borings to ascertain foundation conditions.
Sec.
4561.021. There
is hereby created in the
division of multi-modal planning and programs of the
department of transportation the office of aviation. The director of
transportation shall appoint the administrator of the office of
aviation,
who shall serve at the pleasure of the director.
The administrator of the office of aviation shall be responsible to
the director for the organization, direction, and supervision of the
work of the office and the exercise of the powers and the performance
of the duties assigned to the office. Subject to Chapter 124. of the
Revised Code and civil service regulations, the administrator, with
the approval of the director, shall select and appoint the necessary
employees. The director also may employ experts for assistance in any
specific matter at a reasonable rate of compensation.
Sec. 4561.05. The department of transportation shall administer Chapter 4561. of the Revised Code. The department may adopt and promulgate such rules as it determines necessary to carry out this chapter.
The department may issue and amend orders, and make, promulgate, and amend, reasonable general and special rules and procedure, and establish minimum standards. The department may create application forms for permits and certifications issued under this chapter and the rules adopted under it.
The department may establish safety rules governing obstructions, air navigation hazards, and the location, size, use, and equipment of airports and landing areas, and rules governing air marking, the use of signs or lights designed to be visible from the air, and other air navigation facilities.
All
rules and amendments thereto, prescribed by the department, shall
conform to and coincide with, so far as possible, the
"Civil Aeronautics Act of 1938," 52 Stat. 973, 49 U.S.C.
401, as amended, passed by the congress of the United States, and the
air commerce regulations issued pursuant theretoany
federal laws and regulations governing aviation and air navigation,
including 49 U.S.C. 401 to 501 and 14 C.F.R. part 77.
All acts of the department authorized under this section shall be carried on in conformity with Chapter 119. of the Revised Code.
Sec. 4561.06. The department of transportation shall encourage the development of aviation and the promotion of aviation education and research within this state as, in its judgment, may best serve the public interest.
The department may furnish engineering or other technical counsel and services, with or without charge therefor, to any appropriate government agency or private entity desiring such counsel or services in connection with any question or problem concerning the need for, or the location, construction, maintenance, or operation of airports, landing fields, or other air navigation facilities, or for the protection of navigable airspace.
The department shall be the official representative of this state in all civil actions, matters, or proceedings pertaining to aviation in which this state is a party or has an interest.
The department may investigate, and may cooperate with any other appropriate government agency in the investigation of, any accident occurring in this state in connection with aviation. It may issue an order to preserve, protect, or prevent the removal of any aircraft or air navigation facility involved in an accident being so investigated until the investigation is completed. The chief executive officer or any law enforcement officer of this state or any political subdivision in which an accident occurred shall assist the department in enforcing such an order when called upon to do so.
The department, in connection with any investigation it is authorized to conduct, or in connection with any matter it is required to consider and determine, may conduct hearings thereon. All such hearings shall be open to the public. The administrator of the office of aviation or those employees of that office or its agents who are designated to conduct such hearings may administer oaths and affirmations and issue subpoenas for and compel the attendance and testimony of witnesses and the production of papers, books, and documents at the hearings. In case of failure to comply with such a subpoena or refusal to testify, the administrator or the employees of the office of aviation or its agents who are designated to conduct the hearings may invoke the aid of the court of common pleas of the county in which the hearing is being conducted, and the court may order the witness to comply with the requirements of the subpoena or to give testimony concerning the matter in question. Failure to obey any order of the court may be punished as a contempt of the court.
Reports of any investigations or hearings, or parts thereof, conducted by the department shall not be admitted in evidence or used for any purpose in any action or proceeding arising out of any matter referred to in the investigation, hearings, or report thereof, except in actions or proceedings instituted by the state or by the department on behalf of the state, nor shall any member of the department or any of its employees be required to testify to any facts ascertained in, or information obtained by reason of, the member's or employee's official capacity, or to testify as an expert witness in any action or proceeding involving or pertaining to aviation to which the state is not a party. Subject to this section, the department may make available to appropriate agencies of government any information and material developed in the course of its investigations and hearings.
The department may initiate in any court of competent jurisdiction any proceedings it considers necessary to enforce this chapter and the rules adopted under it.
The department shall report to the appropriate agency of the United States all cases that come to its attention of persons navigating aircraft without a valid aviator's certificate, or in which an aircraft is navigated without a valid air-worthiness certificate in probable violation of the laws of the United States requiring such certificates, and it also shall report to the proper governmental agency any probable infringement or violation of laws, rules, and regulations pertaining to aviation that come to its attention.
The
department may prepare, adopt, and subsequently revise a plan showing
the locations and types of airports, landing fields, and other air
navigation facilities within this state;
it also may prepare another plan of a system of airways within this
state, the establishment, maintenance, and use of which will, in its
judgment, serve the development of transportation by aircraft within
this state in the best interests of the public.
It may publish plans and pertinent information as the public interest
requires.
The department periodically may prepare, publish, and distribute such maps, charts, or other information as the public interest requires, showing the location of and containing a description of all airports, landing fields, and other air navigation facilities then in operation in this state, together with information concerning the manner in which, and the terms upon which, those facilities may be used, and showing all airways then in use, or recommended for use, within this state, together with information concerning the manner in which the facilities should be used.
Sec. 4561.08. The department of transportation may cooperate with any government agency, in the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities in this state, and may comply with the laws of the United States and any regulations made thereunder with respect to the expenditure of federal funds for or in connection with such airports, landing fields, and other air navigation facilities.
The department may accept, receive, and receipt for federal funds, upon such terms as are prescribed by the laws of the United States and any regulations made thereunder, on behalf of the state, and may treat similarly, for the state or as agent for any regional airport authority, county, or municipal corporation thereof, other funds, public or private, for the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities, whether such work is to be done severally by the state or by a political subdivision thereof or by a regional airport authority, or by the state and a regional airport authority or one or more such political subdivisions jointly, or by any two or more such political subdivisions jointly, or by a regional airport authority and any one or more such political subdivisions jointly. The department may also act as agent of any regional airport authority, county, or municipal corporation of the state in any other matter connected with the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities. In the discharge of its duties as such agent, the department may use all its powers in the same manner as when acting for and in behalf of the state.
The department may approve or disapprove all contracts, grants, and agreements for the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities insofar as its rules require.
The department may advise and cooperate with any regional airport authority or political subdivision of this state or of any other state, when it is acting jointly with a regional airport authority or subdivision of this state, in all matters pertaining to the location, acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities.
All
federal
money
accepted by the department pursuant to sections
4561.01 to 4561.151 of the Revised Code this
chapter shall
be deposited in the state treasury to the credit of the highway
operating fund. All such moneys shall be expended in accordance with
the terms imposed by the United States in making the grants thereof.
Sec. 4561.09. Each regional airport authority, county, municipal corporation, and agency of this state may accept, receive, and give receipt for federal funds upon such terms as are prescribed by the laws of the United States and any rules and regulations made thereunder, and may treat similarly other funds, public or private, for the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities.
The board of trustees of a regional airport authority and the legislative body of each county or municipal corporation may designate the department of transportation as the agent of such regional airport authority, county, or municipal corporation to accept, receive, and receipt for federal funds upon such terms as are prescribed by the laws of the United States and any rules or regulations made thereunder, and to treat similarly other funds, public or private, for the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities, whether such work is to be done by the regional airport authority, county, or municipal corporation alone, or jointly with the state, or jointly with the state and other counties or municipal corporations. Such board of trustees or legislative body may designate the department as its agent in any other matter connected with the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, and other air navigation facilities, and may enter into, or authorize the executive department of such political subdivision to enter into, an agreement with the department prescribing the terms of such agency, in accordance with the laws of the United States and any rules or regulations made thereunder.
All contracts and grants for the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, or other air navigation facilities made by a regional airport authority, county, municipal corporation, or agency of this state shall be made pursuant to the laws of this state governing the making of such contracts and grants; provided that when the acquisition, establishment, construction, enlargement, improvement, equipment, protection of navigable airspace, or operation of airports, landing fields, or other air navigation facilities is financed wholly or partly with federal funds, the regional airport authority, county, municipal corporation, or agency of this state may let contracts and make grants in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
Sec.
4561.11. (A)
All publicly
and privately owned airports,
landing fields, and landing areas,
including those located on public waters,
shall
be inspected
and approved
by the department of transportation before being used for commercial
purposes. The department may issue a certificate of approval in each
case. The
In
accordance with Chapter 119. of the Revised Code, the department
shall require
that a complete plan of such airport, landing field, or landing area
establish
the documents and information required to be
filed with it
the
department before
granting
or issuing it
will grant or issue such
approval; provided that in no case in which the department licenses
or certifies for
commercial operations an
airport, landing field, or landing area constructed, maintained, or
supported, in whole or in part, by public funds, under sections
4561.01 to 4561.151 of the Revised Codethis
chapter,
shall the public be deprived of the use thereof or its facilities for
aviation purposes as fully and equally as all other parties.
In any case in which the department rejects or disapproves an application to commercially operate an airport, landing field, or landing area, or in any case in which the department issues an order requiring certain things to be done before approval, it shall set forth its reasons therefor and shall state the requirements to be met before such approval will be given or such order modified or changed. In any case in which the department considers it necessary, it may order the closing of any airport, landing field, or landing area for commercial purposes until the requirements of the order made by the department are complied with.
Appeal from any action or decision of the department in any such matter shall be made in accordance with sections 119.01 to 119.13 of the Revised Code.
The
department shall require that any person engaged within this state in
operating aircraft, in any form of navigation, shall be the holder of
a currently effective aviator's license issued by the civil
aeronautics administration.
The
aviator's license required by this section shall be kept in the
personal possession of the pilot when the pilot is operating aircraft
within this state, and shall be presented for inspection upon the
request of any passenger, any authorized representative of the
department, or any official manager or person in charge of any
airport, landing field, or area in this state upon which the pilot
lands.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
Sec.
4561.12. (A)
Unless operated by the department of transportation or its agents, no
aircraft shall be operated or
maintained on
any public land or water owned or controlled by this state, or by any
political subdivision of this state, except at such places and under
such rules and regulations governing and controlling the operation
and
maintenance of
aircraft as are adopted and promulgated by the department in
accordance with sections 119.01 to 119.13 of the Revised Code.
Such
action and approval by the department shall not become effective
until it has been approved by the adoption and promulgation of
appropriate rules governing, controlling, and approving said places
and the method of operation and
maintenance of aircraft, by
the department, division, political subdivision, agent, or agency of
this state having ownership or control of the places on said public
land or water which are affected by such operation or
maintenance of
aircraft thereon.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
Sec.
4561.14. (A)
No person shall operate
do
any of the following:
(1)
Operate any
civil
aircraft
in this state unless such
the
person
is the holder of a valid aviator's
license pilot
certification or authorization issued
by the United States.
No
person operating an aircraft within this state shall fail
or
a valid pilot certification or similar document issued or validated
by the country in which the aircraft is registered;
(2)
Fail to
exhibit such
license the
certification or document for
inspection upon the demand of any passenger on such aircraft, or fail
to exhibit same for inspection upon
the demand of any peace officer, member or employee of the department
of transportation, or manager or person in charge of an airport or
landing field within this state, prior to taking off or upon landing
said aircraft.
No
person shall operate;
(3)
Operate an
aircraft within this state unless such
the
aircraft
is licensed and registered by the United States;
this section is inapplicable .
This division does not apply to
the operation of military aircraft of the United States, aircraft of
a state, territory, or possession of the United States, or aircraft
licensed by a foreign country with which the United States has a
reciprocal agreement covering the operation of such aircraft.
No
person shall operate (4)
Operate an
aircraft within this state in violation of any air traffic rules in
force under the laws of the United States or under sections
4561.01 to 4561.14 of the Revised Codethis
chapter,
and the rules and regulations of the department adopted pursuant
thereto.
(B) Whoever violates this section shall be fined not more than five hundred dollars, imprisoned not more than ninety days, or both.
Sec.
4561.31. (A)(1)
Notwithstanding
section 4561.01 of the Revised Code, as used in sections 4561.31 to
4561.40 of the Revised Code, "airport" means any airport
issued a commercial operating certificate and a medical use heliport.
(B)(1)
Except
as provided in divisions (D),
(E), and (F)
and
(G)
of
this section, no person shall commence
to install,
erect, construct, or establish
any
structure or object of natural growth in this state, any part of
which will penetrate or is reasonably expected to penetrate into or
through any airport's clear
zone surface, horizontal surface, conical surface, primary surface,
approach surface, or transitional surface navigable
airspace without
first obtaining a permit from the department of transportation under
section 4561.34 of the Revised Code. The
replacement of an existing structure or object of natural growth
with, respectively, a structure or object that is not more than ten
feet or twenty per cent higher than the height of the existing
structure or object, whichever is higher, does not constitute
commencing to install a structure or object, except when any part of
the structure or object will penetrate or is reasonably expected to
penetrate into or through any airport's clear zone surface,
horizontal surface, conical surface, primary surface, approach
surface, or transitional surface. Such replacement of a like
structure or object is not exempt from any other requirements of
state or local law.
(2)
No person shall substantially change
or
allow to substantially grow,
as determined by the department, the height or location of any
structure or object of natural growth in this state, any part of
which, as a result of such change
or
growth,
will penetrate or is reasonably expected to penetrate into or through
any airport's clear
zone surface, horizontal surface, conical surface, primary surface,
approach surface, or transitional surfacenavigable
airspace,
and for which installation had commenced or which was already
installed prior to October 15, 1991, without first obtaining a permit
from the department under section 4561.34 of the Revised Code. This
division does not exempt the structure or object from any other
requirements of state or local law.
(3) No person shall substantially change or allow to substantially grow, as determined by the department, the height or location of any structure or object of natural growth for which a permit was issued pursuant to section 4561.34 of the Revised Code, without first obtaining an amended permit from the department under that section.
(B)
(C)
No
person shall install, erect,
construct, establish, operate,
or maintain any structure or object of natural growth for which a
permit has been issued under section 4561.34 of the Revised Code,
except in compliance with the permit's terms and conditions and with
any rules or orders issued under sections
4561.30 to 4561.39 of the Revised Codethis
chapter.
(C)
(D)
Subject to section 4561.37 of the Revised Code, any person that owns
property containing an object of natural growth that has increased in
height so that it penetrates an airport's navigable airspace shall do
one of the following:
(1) Prune, trim, cut, or remove the object of natural growth;
(2) Allow the airport authority, the appropriate political subdivision or public body, or the agent or designee thereof to enter upon the person's property to prune, trim, cut, or remove the object of natural growth.
(E) The holder of a permit issued under section 4561.34 of the Revised Code, with the department's approval, may transfer the permit to another person who agrees to comply with its terms and conditions.
(D)
(F)
Any
person who receives a permit to install,
erect, construct,
establish, substantially change, or substantially alter a structure
or object of natural growth from an airport zoning board on or after
October 15, 1991, under Chapter 4563. of the Revised Code is not
required to apply for a permit from the department under sections
4561.30 to 4561.39 of the Revised Codethis
chapter,
provided that the airport zoning board has adopted airport zoning
regulations pursuant to section 4563.032 of the Revised Code.
(E)
(G)
Any
person who receives a certificate from the power siting board
pursuant to section 4906.03 or 4906.10 of the Revised Code on or
after October 15, 1991, is not required to apply for a permit from
the department under sections
4561.30 to 4561.39 of the Revised Codethis
chapter.
(F)
Any person who, in accordance with 14 C.F.R. 77.11 to 77.19, notified
the federal aviation administration prior to June 1, 1991, that the
person proposes to construct, establish, substantially change, or
substantially alter a structure or object of natural growth is not
required to apply for a permit from the department under sections
4561.30 to 4561.39 of the Revised Code in connection with the
construction, establishment, substantial change, or substantial
alteration of the structure or object of natural growth either as
originally proposed to the federal aviation administration or as
altered as the person or the federal aviation administration
considers necessary, provided that the federal aviation
administration, pursuant to 14 C.F.R. Part 77, does not determine
that the proposed construction, establishment, substantial change, or
substantial alteration of the structure or object of natural growth
would be a hazard to air navigation.
(G)(1)
(H)(1)
Whoever
violates division (A)(1)
(B)(1)
or
(2) of this section is guilty of a misdemeanor of the third degree.
Each day of violation constitutes a separate offense.
(2)
Whoever violates division (A)(3)
(B)(3)
or
(B)
(C)
of
this section is guilty of a misdemeanor of the first degree. Each day
of violation constitutes a separate offense.
Sec.
4561.32. (A)
In accordance with Chapter 119. of the Revised Code, the department
of transportation shall adopt, and may amend and rescind, any rules
necessary to administer sections
4561.30 to 4561.39 of the Revised Code this
chapter and
shall adopt rules based in whole upon the obstruction standards set
forth in 14 C.F.R. 77.21
to 77.29, as amendedpart
77,
to uniformly regulate the height and location of structures and
objects of natural growth in any airport's clear
zone surface, horizontal surface, conical surface, primary surface,
approach surface, or transitional surfacenavigable
airspace.
The rules shall provide that the department may grant a permit under
section 4561.34 of the Revised Code that includes a waiver from full
compliance with the obstruction standards. The rules shall also
provide that the department shall base its decision on whether to
grant such a waiver on sound aeronautic principles,
as set out in F.A.A. technical manuals, as amended, including
advisory circular 150/5300-13, "airport design standards";
7400.2c, "airspace procedures handbook,"; and the U.S.
terminal procedures handbook
and
may consider federal aviation administration opinions, advisory
circulars, design standards, and other similar guidance.
(B)
The department may conduct any studies or investigations it considers
necessary to carry out sections
4561.30 to 4561.39 of the Revised Codethis
chapter.
Sec.
4561.33. (A)
An
applicant for a permit required by section 4561.31 of the Revised
Code shall file with the department of transportation an application
made on forms the department prescribes, which shall contain the
following information:
(1)
A description of the structure or object of natural growth for which
the permit is sought, its location, and the planned date of
commencement of installation;
(2)
A statement explaining the need for the structure or object;
(3)
A statement of the reasons why the proposed location is best suited
for the structure or object;
(4)
Any additional information the applicant considers relevant or the
department requires.
An
application for an amended permit shall be in the form and contain
the information the department prescribes.
In
lieu of an application prescribed by the department, an applicant may
file a copy of the Not
less than ninety days nor more than two years prior to the proposed
installation, erection, construction, establishment, change,
alteration, or use of any structure or object of natural growth in
this state for which a permit is required under section 4561.31 of
the Revised Code, a person shall submit the following to the office
of aviation:
(1)
A copy of a completed federal
aviation administration's
administration
form
7460-1, "notice
of proposed construction or alteration."
The applicant also shall submit the original completed form to the
federal aviation administration.
(2) If the office of aviation requires the submission of an application in addition to the submission of form 7460-1, a complete application in the form and containing the information required by the office of aviation.
The administrator of the office of aviation may waive the submission time period, at the discretion of the administrator, for unforeseen emergencies. If the office does not require the submission of an application under division (A)(2) of this section, form 7460-1 constitutes the application for the permit.
(B)
An
applicant shall file A
person shall submit an
application for
an amended permit in the same manner that an application for a permit
is submitted under division (A) of this section. The applicant shall
submit the application not
less than thirty
ninety
days
nor more than two years prior to the planned date
of commencement of installation or substantial
change
or
growth.
This period may be waived by the department for unforeseen
emergencies.
(C)
If the structure or object in the application could have a potential
impact on a military installation, as such an impact is described in
the airfield land use compatibility study of that military
installation, the applicant shall send, within seven days after the
filing of
his
the
application,
a copy of the application to the commander of the installation and
the appropriate branch of the United States department of defense.
(D) It is not necessary that ownership of, option for, or other possessory right to a specific site be held by the applicant before an application may be filed under this section.
(E)
If the department has reason to believe that any person is
commencing has
or is planning to
install,
erect, construct, establish, change, or alter
a
structure or object of natural growth for which a permit appears to
be required under section 4561.31 of the Revised Code, but concerning
which no application for a permit under section 4561.34 of the
Revised Code has been filed
or
no permit issued,
the department shall issue an order to such person to appear before
the department and show cause why a permit need not be obtained.
Sec.
4561.34. (A)
The department of transportation, subject to Chapter 119. of the
Revised Code, shall grant or deny a permit for which an application
has been filed under section 4561.33 of the Revised Code. In
determining whether to grant or deny a permit, the department shall
determine whether the height and location of a structure or object of
natural growth, as set forth in the permit application, will be an
obstruction to air navigation based upon the rules adopted under
section 4561.32 of the Revised Code if installed,
erected, constructed, or established
as
proposed. In the case of an application to substantially change an
existing structure or object, the department shall determine whether
the change in the height or location of the structure or object, as
set forth in the application, will create such an obstruction. The
consideration of safety shall be paramount to considerations of
economic or technical factors. In making a determination under this
division the department shall render its decision upon the record,
but
and
may
consider findings and recommendations of the
federal aviation administration and other
governmental entities and interested persons concerning the proposed
structure or object; however, those findings and recommendations are
not binding on the department.
(B) The department may grant a permit under this section subject to any modification of the height or location of a structure or object the department considers necessary. In the absence of such modification or unless it grants a waiver from compliance with the obstruction standards, the department shall deny a permit if it determines, in accordance with division (A) of this section, that a proposed structure or object or a change to an existing structure or object, as set forth in the application, would be an obstruction to air navigation based upon the rules adopted under section 4561.32 of the Revised Code.
(C) In rendering a decision on an application for a permit, the department shall issue an opinion stating its reasons for the action taken. The department shall serve upon the applicant and each party, as provided in division (C) of section 4561.33 of the Revised Code, a copy of its decision regarding a permit and the opinion.
Sec.
4561.341. Pursuant
to any consultation with the power siting board regarding an
application for certification under section 4906.03 or 4906.10 of the
Revised Code, the office of aviation of
the division of multi-modal planning and programs of
the department of transportation shall review the application to
determine whether the facility constitutes or will constitute an
obstruction to air navigation based upon the rules adopted under
section 4561.32 of the Revised Code. Upon review of the application,
if the office determines that the facility constitutes or will
constitute an obstruction to air navigation, it shall provide, in
writing, this determination and either the terms, conditions, and
modifications that are necessary for the applicant to eliminate the
obstruction or a statement that compliance with the obstruction
standards may be waived, to the power siting board under section
4906.03 or 4906.10 of the Revised Code, as appropriate.
Sec. 4561.35. The department of transportation shall specify all of the following in each permit granted under section 4561.34 of the Revised Code:
(A) The terms and conditions regarding the height and location of the structure or object of natural growth that the department considers necessary to ensure the safety of aircraft in landing or taking off at any airport, the safety of persons occupying or using such area, and the security of property, including any modifications to the height or location of the structure or object of natural growth set forth in the permit application. If the department modifies the location of all or part of a proposed structure or object, it shall provide notice of the relocation to the municipal corporation or township and the county to which the structure or object is being relocated, and the persons residing in the area of the relocation, by whatever means the department considers appropriate.
(B)
The obstruction markers, markings, lighting, or other visual or aural
identification, if any, that must be installed on or in the vicinity
of the structure or object of natural growth as a condition of the
permit. Any such identification shall conform as much as practicable
to federal guidelines and standards.
As
a condition of the permit, the department shall require that any
required lighting be maintained in operable condition.
Sec.
4561.36. (A)
The department of transportation shall not issue any permit under
sections
4561.30 to 4561.39 of the Revised Code this
chapter that
will result in the creation of an obstruction to air navigation based
upon the rules adopted under section 4561.32 of the Revised Code,
unless the department waives compliance with the obstruction
standards included in those rules.
(B)
Sections
4561.30 to 4561.39 of the Revised Code do This
chapter does not
authorize the department to restrict the height or location of
structures or objects of natural growth under those
sections the
chapter for
any reason other than to ensure the safety of aircraft in landing and
taking off at an airport, the safety of persons occupying or using
the area, and the security of property.
Sec.
4561.37. Sections
4561.30 to 4561.39 of the Revised Code (A)(1)
This chapter and the rules adopted under it shall
not be construed to require the removal or lowering of,
or
the making of any other change in
to,
any
structure or object of natural growth not
conforming to rules or orders of the department of transportation
under those sections when adopted or amended, or otherwise interfere
with the continuance of any nonconforming use; except that, if
ordered by the department, the that
was in existence prior to October 15, 1991, other than requirements
related to marking or lighting such structure or object of natural
growth.
(2) Division (A)(1) of this section does not apply if the structure or object of natural growth is substantially changed or substantially grows, as determined by the department of transportation, after the effective date of this amendment.
(B) A structure or object of natural growth is subject to the laws and rules that are effective as of the date the permit for the structure or object of natural growth's installation, erection, construction, or establishment is issued. However, any substantial change to the structure or substantial growth to the object of natural growth, as determined by the department, is subject to the laws and rules that are effective as of the date the substantial change or growth occurs.
(C)
The owner
of a nonconforming structure or object that is
permanently has
not been in use for two years or more, is placed out
of service,
or
is
partially
dismantled, destroyed, deteriorated, or decayed shall demolish or
remove that structure or object;
and,
if
ordered
to do so by the department. If any
nonconforming use is voluntarily discontinued for two years or more,
any future use of the premises shall be in conformity with sections
4561.30 to 4561.39 of the Revised Codethis
chapter.
Sec.
4561.38. With
respect to any structure or object of natural growth for which a
permit is required under section 4561.34
4561.31
of
the Revised Code, rules adopted or orders issued under sections
4561.30 to 4561.39 of the Revised Code this
chapter and
the terms and conditions of any permit issued under those
sections it
prevail
in the event of a conflict with any airport zoning regulation adopted
under sections 4563.01 to 4563.21 of the Revised Code, any local
regulation under section 4905.65 of the Revised Code, or
any
zoning regulation otherwise applicable to the structure or object,
or the terms or conditions of any permit issued under sections
4563.01 to 4563.21 of the Revised Code after the effective date of
this section.
Sec.
4561.39. (A)
In
addition to any other remedy provided by law, the department of
transportation,
an airport authority, or a political subdivision
may
institute in any court of competent jurisdiction an action to
prevent, restrain, correct, or abate any alleged violation or
threatened violation of sections
4561.30 to 4561.39 of the Revised Code this
chapter or
any rule adopted or order issued under themit.
The court may grant such relief as may be necessary.
(B) Relief granted by the court may include both of the following:
(1) Authorizing the department, airport authority, political subdivision, or an agent thereof to enter the property on which the obstruction to navigable airspace is located;
(2) Authorizing the department, airport authority, political subdivision, or an agent thereof to remove, demolish, or disassemble the obstructing structure or pruning, trimming, cutting, or removing the obstructing object of natural growth, at the expense of the owner of the structure, the owner of the object of natural growth, or the property owner.
Sec. 4561.40. The department of transportation and the office of aviation are not liable for any damages caused by a structure or object of natural growth that is an obstruction to the navigable airspace if any of the following apply:
(A) The structure or object of natural growth was installed, erected, constructed, established, changed, or altered without a permit issued under this chapter.
(B) A permit was issued under this chapter for the structure or object of natural growth, but the structure or object of natural growth was installed, erected, constructed, established, changed, altered, or allowed to grow in a manner that is not in compliance with the terms and conditions of the permit.
(C) The structure or object of natural growth was installed, erected, constructed, established, changed, or altered pursuant to a certificate issued by the power siting board pursuant to section 4906.03 or 4906.10 of the Revised Code.
Sec.
4563.01. As
used in sections
4563.01 to 4563.21 of the Revised Codethis
chapter:
(A)
"Airport" means any area of land or
water designed
and set aside for the landing and taking off of aircraft, and for
that purpose possessing one or more hard surfaced runways of a length
of not less than three
one
thousand
five
eight
hundred
feet, and designed for the storing, repair, and operation of
aircraft, and utilized or to be utilized in the interest of the
public for such purposes, and any area of land designed for such
purposes for which designs, plans, and specifications conforming to
the above requirements have been approved by the office of aviation
of
the division of multi-modal planning and programs of
the department of transportation and for which not less than seventy
per cent of the area shown by such designs and plans to constitute
the total area has been acquired. An airport is "publicly owned"
if the portion thereof used for the landing and taking off of
aircraft is owned, operated, leased to, or leased by the United
States, any agency or department thereof, this state or any other
state, or any political subdivision of this state or any other state,
or any other governmental body, public agency, or public corporation,
or any combination thereof.
(B)
"Airport hazard" means any structure or object of natural
growth or use of land within an airport hazard area that obstructs
the air
space airspace
required
for the flight of aircraft in landing or taking off at any airport or
is otherwise hazardous to such
landing or taking off of aircraftair
navigation.
(C)
"Airport hazard area" means any area of land adjacent to an
airport that has been declared to be an "airport hazard area"
by
the office of aviation in connection with any airport approach plan
recommended by the officeas
depicted on an approved airport approach plan.
(D) "Political subdivision" means any municipal corporation, township, or county.
(E)
"Person" means any individual, firm,
copartnershippartnership,
corporation, company, association, joint stock association, or body
politic and includes any trustee, receiver, assignee, or other
similar representative thereof.
(F)
"Structure" means
any erected object, including, without limitation, buildings, towers,
smokestacks, and overhead transmission lineshas
the same meaning as in section 4561.01 of the Revised Code.
(G) "Navigable airspace" has the same meaning as in section 4561.01 of the Revised Code.
Sec.
4563.03. (A)
When an airport is publicly owned and all airport hazard areas
appertaining to such airport are located inside the territorial
limits of one political subdivision, the legislative authority of the
political subdivision shall constitute the airport zoning board. Such
legislative authority, acting as the airport zoning board, may adopt,
administer, and enforce airport zoning regulations for such airport
hazard area. Airport zoning regulations may divide an airport hazard
area into zones, and, within such zones, regulate and restrict land
uses which by their nature constitute airport hazards, and regulate
and restrict the height to which structures may be erected or objects
of natural growth may be allowed to grow. An
obstruction of air space in an airport hazard area rising to a height
not in excess of forty feet above the established elevation of the
airport, or three feet for each one hundred feet or fraction thereof
its location is distant from the nearest point in the perimeter of
the airport, whichever is greater, shall be prima facie reasonable.
(B)
When an airport is publicly owned and any airport hazard area
appertaining to such airport is located in more than one political
subdivision, the board of county commissioners of each county in
which such airport or such airport hazard area may exist, shall
constitute the airport zoning board, which shall have the same power
to adopt, administer, and enforce airport zoning regulations as
provided in division (A) of this section. The board shall elect its
own
chairman
chairperson.
Sec.
4563.031. Within
the approach, transitional, inner
horizontal,
and conical areas at a publicly owned airport, an airport zoning
board constituted under section 4563.03 of the Revised Code may
adopt, administer, and enforce zoning regulations, in addition to its
regulations adopted under section 4563.03 of the Revised Code, in
order to ensure the safety of the
navigable airspace, persons
occupying or using such areas,
and
the security of property located within such areas. Airport zoning
regulations may divide such approach, transitional, inner
horizontal,
and conical areas into zones, and within such zones, regulate and
restrict land use in order to minimize injury, loss of life, and
hazards to the safety of persons or to the security of property
within such zones, and may include regulations governing population
density and concentration of persons within such zones.
Prior
to initial zoning under this section, the procedures set forth in
sections 4563.05, 4563.06, and 4563.08 of the Revised Code for
establishing the boundaries of the various zones and adopting the
regulations therefor, shall be followed. "Approach area,"
"transitional area," "inner
horizontal
area," or "conical area," respectively, means any area
of land adjacent to an airport and within an airport hazard area,
which has been declared to be an "approach area,"
"transitional area," "inner
horizontal
area," or "conical area" by the office of aviation,
based upon the approach plan for the airport. No zone established
under this section may include any area outside such approach,
transitional, inner
horizontal,
and conical areas.
Sec.
4563.032. Any
airport zoning board that adopts, administers, and enforces airport
zoning regulations for an airport hazard area under section 4563.03
of the Revised Code shall adopt, as regulations, the rules adopted by
the department of transportation under section 4561.32 of the Revised
Code that are based in whole upon the obstruction standards set forth
in 14 C.F.R. 77.21
to 77.29, as amendedpart
77,
to uniformly regulate the height and location of structures and
objects of natural growth in any airport's clear
zone surface, horizontal surface, conical surface, primary surface,
approach surface, or transitional surfacenavigable
airspace.
Sec.
4563.04. In
the event of conflict between any airport zoning regulations adopted
under sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
and any other zoning regulations applicable to the same area, whether
the conflict be with respect to the height of structures or objects
of natural growth, the use of land, or any other matter, and whether
such other regulations were adopted by the political subdivision
which adopted the airport zoning regulations or by some other
political subdivision, the limitation or requirement best calculated
to insure
ensure
safety
shall govern.
Sec.
4563.05. Prior
to initial zoning of any airport hazard area under sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
the airport zoning board which is to adopt the regulations shall
appoint a commission, to be known as the airport zoning commission,
to recommend the boundaries of the various zones to be established
and the regulations to be adopted therefor. Such commission shall
make a preliminary report and hold public hearings thereon before
submitting its final report, and the airport zoning board shall not
hold its public hearings or take other action until it has received
the final report of such commission. Where a city planning
commission, township zoning commission, or county rural zoning
commission already exists, it may be appointed as the airport zoning
commission.
Sec.
4563.06. No
airport zoning regulations shall be adopted, amended, or changed
under sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
except by action of the legislative body of the political
subdivision, after a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be
heard. At least thirty days notice of the hearing shall be published
in a newspaper of general circulation in the political subdivision in
which the airport hazard area to be zoned is located.
Sec.
4563.07. All
airport zoning regulations adopted under sections
4563.01 to 4563.21, inclusive, of the Revised Code this
chapter shall
be reasonable, and none shall impose any requirement or restriction
which is not reasonably necessary to insure
ensure
the
safety of aircraft
in landing and taking off and air
navigation, the
safety of persons occupying or using the area,
and
the security of property thereon. In determining what regulations are
necessary, each political subdivision or airport zoning board shall
consider, among other things, the character of the flying operations
expected to be conducted at the airport, the per cent of slope or
grade customarily used in descent or ascent of the aircraft expected
to use the airport with reference to their size, speed, and type, the
nature of the terrain within the airport hazard area, the character
of the neighborhood, and the uses to which the property to be zoned
is put or is adaptable.
Sec.
4563.08. In
order to define and determine the airport hazard area in which
airport zoning shall be applicable, the office of aviation, upon
request of any airport zoning commission appointed pursuant to
section 4563.05 of the Revised Code, shall formulate
and adopt, and may revise when necessary,review
and approve
an
airport approach plan for any airport within its jurisdiction. Each
The
airport zoning commission shall develop the plan.
The plan
shall
indicate the airport hazard area, the circumstances under which
structures, objects of natural growth, public highways, and certain
uses of land would be airport hazards, and the height limits of
structures and objects of natural growth, and what other restrictions
should be contained in the airport zoning regulations. In adopting
or revising developing
the
plan, the office
airport
zoning commission shall
consider, among other things, the size, type, and speed of aircraft
expected to use the airport, the character of the flying operations
expected to be conducted at the airport, the traffic pattern and
regulations affecting flying operations at the airport, the location
of public highways, the nature of the terrain, the height of existing
structures and objects of natural growth above the level of the
airport, and the possibility of lowering or removing existing
obstructions. The office
airport
zoning commission may
obtain and consider information from and the opinion of any agency of
the federal government charged with the promotion, regulation, or
control of civil aeronautics as to the approaches necessary to safe
flying operations at the airport.
Sec.
4563.09. No
airport zoning regulations adopted under sections
4563.01 to 4563.21 of the Revised Code this
chapter shall
require the removal, lowering, or other change or alteration of any
structure or object of natural growth not conforming to the
regulations when
adopted or amendedon
or before January 1, 2004,
or otherwise interfere with the continuance of any nonconforming use,
except as provided in section 4563.14 of the Revised Code.
Sec.
4563.10. Nothing
in sections
4563.01 to 4563.21 of the Revised Code,this
chapter
shall
confer any power on any political subdivision or airport zoning board
to prohibit the use of any land for farming, dairying, pasturage,
apiculture, horticulture, floriculture, viticulture, or animal and
poultry husbandry, except where such use shall create an airport
hazard. The provisions of sections
4563.01 to 4563.21 of the Revised Code this
chapter shall
not apply in respect to the location, relocation, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures, now
existing or constructed in the future, of any public utility or
railroad.
Sec.
4563.11. All
airport zoning regulations adopted under sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
shall
provide for the administration and enforcement of such regulations.
The duties of any administrative agency designated pursuant to
sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
shall
include that of issuing all permits under section 4563.12 of the
Revised Code.
Sec.
4563.12. Airport
zoning regulations adopted under sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
may
require that a permit be obtained before any new structure or use may
be constructed or established and before any existing structure or
use may be substantially changed or substantially altered in an
airport hazard area. No permit shall be granted that would allow the
establishment or creation of an airport hazard, or permit a
nonconforming structure to be made higher or a nonconforming object
of natural growth to become higher or become a greater hazard to air
navigation than it was when the applicable regulations were adopted
or than it is when the application for a permit is made. If any
nonconforming use is voluntarily discontinued for two years or more,
any future use of the premises shall be in conformity with sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter.
Sec.
4563.13. All
airport zoning regulations adopted under sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
shall
provide for an airport zoning board of appeals. Where a zoning board
of appeals already exists, it may be designated as the airport zoning
board of appeals. The airport zoning board of appeals, except in
those instances in which an existing zoning board of appeals is
designated as the airport zoning board of appeals, shall consist of
five members, each to be appointed for a term of three years by the
authority adopting the regulations and subject to removal by the
appointing authority for cause upon written charges and after public
hearing. The first members of such board of appeals shall be so
designated that two shall serve for one year, two shall serve for two
years, and one shall serve for three years.
Sec.
4563.16. Any
person desiring to erect any structure, or increase the height of any
structure, or permit the increases in height of any object of natural
growth, or otherwise use
his
the
person's
property
in any manner in conflict with airport zoning regulations adopted
under sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
may apply to the airport zoning board of appeals for a variance from
the zoning regulations in question. Such variance shall be allowed
where a literal application or enforcement of the regulations would
result in unnecessary hardship and the relief granted would not be
contrary to the public interest or create conditions dangerous to the
safety of aircraft using the airport
or
the navigable airspace,
but would do substantial justice and would not be in conflict with
factors set down for consideration in sections
4563.07 and 4563.08 of the Revised Codethis
chapter.
The board of appeals may subject any variance to any reasonable
conditions that
they
deem
it
considers
necessary.
Sec.
4563.18. (A)
Any
person aggrieved by any Either
of the following may appeal a decision
of
an
administrative agency made in its administration of airport zoning
regulations adopted under sections
4563.01 to 4563.21, inclusive, of the Revised Code, or any this
chapter:
(1) Any person aggrieved by the decision;
(2)
Any governing
body of a political subdivision or any airport zoning board which
is of the opinion that a that
considers the administrative agency's decision
of
such an administrative agency is an
improper application of airport zoning regulations of concern to such
the
governing
body or board,
may .
The
appeal
shall
be made to
the airport zoning board of appeals authorized to hear and decide
appeals from the decisions of such
the
administrative
agency.
(B)
All appeals taken under this section shall be taken within twenty
days after an order is filed in the office of the administrative
agency, as provided by the rules of the airport zoning board of
appeals, by filing with
the administrative agency from which the appeal is taken and with the
airport zoning board of appeals a
notice of appeal specifying the grounds of such appeal. The
notice of appeal shall be filed with the administrative agency from
which the appeal is taken and with the airport zoning board of
appeals. The
administrative agency from which the appeal is taken shall transmit
to the airport zoning board of appeals all the papers constituting
the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative agency from which the appeal is taken certifies to the airport zoning board of appeals, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed other than by order of the airport zoning board of appeals on notice of the agency from which the appeal is taken and on due notice to the parties in interest.
(D) The airport zoning board of appeals shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person, by agent, or by attorney.
(E)
The airport zoning board of appeals, in conformity with sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
may reverse, affirm wholly or partly, or modify, the order,
requirement, decision, or determination appealed from.
Sec.
4563.20. (A)
No person shall violate any regulation, order, or ruling promulgated
or made pursuant to sections
4563.01 to 4563.21 of the Revised Codethis
chapter.
(B) Whoever violates this section shall be fined not more than one hundred dollars. Each day's willful continuation of the violation is a separate offense.
Sec.
4563.21. The
political subdivision or airport zoning board adopting zoning
regulations under sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
may
institute in any court of competent jurisdiction an action to
prevent, restrain, correct, or abate any violation of sections
4563.01 to 4563.21, inclusive, of the Revised Codethis
chapter,
or of airport zoning regulations adopted under such
sectionsit,
or of any order or ruling made in connection with the administration
or enforcement. The court shall adjudge to the plaintiff such relief,
by way of injunction, which may be mandatory, or otherwise, as may be
proper under all the facts of and circumstances of the case, in order
fully to effectuate the purposes of sections
4563.01 to 4563.21, inclusive, of the Revised Code,this
chapter
and
of the regulations adopted and orders and rulings made pursuant
thereto.
Sec. 5501.47. (A) The director of transportation is responsible for inspection of all bridges on the state highway system inside and outside of municipalities, all bridges connecting Ohio with another state for which the department of transportation has inspection authority, and all other bridges or portions of bridges for which responsibility for inspection is by law or agreement assigned to the department.
Such
inspection shall be made annually
on
a schedule established by the director, but at least once every
twenty-four months, by
a professional engineer or other qualified person under the
supervision of a professional engineer, or
more frequently if required by the director, in
accordance with the manual of bridge inspection described in division
(B) of this section.
The director shall cause to be maintained in each district of the department an updated inventory of all bridges within such district that are on the state highway system, including those located within municipalities, and all other bridges for which the department has responsibility for inspection. The inventory record shall indicate who is responsible for inspection and for maintenance, and the authority for such responsibilities.
On those bridges where there exists joint maintenance responsibility, the director shall furnish a copy of reports to each party responsible for a share of maintenance.
"Maintenance" as used in this division means actual performance of maintenance work.
(B) (1) As used in this division:
(a) "Inspection" means the inspection described in the manual of bridge inspection adopted by the department.
(b) "Highway" means those highway systems in section 5535.01 of the Revised Code, highways, streets, and roads within municipalities, and any other highway, street, and road on which the public travels.
(c) "Bridge" means any structure of ten feet or more clear span or ten feet or more in diameter on, above, or below a highway, including structures upon which railroad locomotives or cars may travel.
(2) The director shall have general responsibility for initiating, developing, and maintaining procedures and practices that provide for and promote professional inspection of bridges. The director shall:
(a)
Prepare, maintain, and update a manual of bridge inspection that will
provide standards applicable to the inspection of all bridges on,
above, or below highways. The manual shall include, but is not
limited to, standards relating to frequency of inspection,
qualifications of persons inspecting or supervising inspections, and
procedures
and practices facilitating professional inspection of bridges;.
(b) Develop and furnish inspection forms and other forms relating to inspection, and approve forms used in lieu of the departmental forms;
(c) Assist and cooperate with governmental units, upon request, with inspection, disseminate information to appropriate governmental officials and agencies with regard to responsibility and inspection practices, and confer with public officials and other individuals on inspection of bridges; such assistance may be in the form of contracts with counties or municipal corporations for transportation department inspection services;
(d)
Inspect any bridge on a highway, with a designated representative of
the owner, where he
the
director
has
reason to believe that the report of inspection does not reflect the
condition of such bridge or that the inspection did not accord with
the standards contained in the manual of bridge inspection.
Sec.
5501.48. The
operator of a toll bridge located entirely or partly in the state
shall inspect such bridge each
year and on
a schedule established by the director of transportation, but at
least once every twenty-four months. The operator shall file
a copy of the annual
inspection
report with the director
of
transportation.
Inspection shall be made or supervised by a professional engineer.
Sec. 5516.01. As used in sections 5516.01 to 5516.14 of the Revised Code:
(A)
"Advertising device" includes any outdoor sign, display,
device, figure, painting, drawing, message, placard, poster,
billboard, or any other contrivance designed,
intended, or used to advertise or to give information in the nature
of advertising, or any part thereof, the advertising or informative
contents of which are that
is owned or operated by a person or entity that earns compensation
for the placement of a message on it and is visible
from the main traveled way of any highway on the interstate system or
primary system in this state.
(B) "Visible" means capable of being seen and comprehended without visual aid by a person traveling the posted speed limit on the main traveled way of the highway.
(C) "Interstate system" means that portion of the interstate system, or the national highway system, located within this state.
(D) "Erect" means to construct or allow to be constructed, but it shall not include any activity when performed as an incident to the change of advertising message or normal maintenance of a sign or sign structure.
(E) "Maintain" means to preserve, keep in repair, continue, allow to exist, or restore.
(F) "National policy" means the provisions of 23 U.S.C.A. 131 and the national standards, criteria, and rules promulgated pursuant to such provisions.
(G) "Primary system" means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system but that is on the national highway system.
(H) "Zoned commercial or industrial areas" means those nonagricultural areas which are reserved for business, commerce, or trade, pursuant to local zoning laws, regulations, or state laws.
(I) "Unzoned commercial or industrial area" means an area not zoned by state or local law, regulation, or ordinance, in which there is located one or more commercial or industrial activities. Such area may also include the lands along the highway for a distance of eight hundred fifty feet immediately adjacent to such activities. This distance shall be measured from the buildings, parking lots, storage or processing areas of the activities, and along or parallel to the near edge of the main traveled way of the highway. This distance shall not include land on the opposite side of the highway from such activities, nor land predominantly used for residential purposes. An area shall be considered predominately residential if fifty per cent or more of the eight hundred fifty feet immediately adjacent to the activities contains land used as residential property. Each side of the highway will be considered separately in applying this definition.
(J) "Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities of this state. The following activities shall not be considered commercial or industrial:
(1) Activities relating to advertising structures;
(2) Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, activities relating to wayside fresh produce stands;
(3) Transient or temporary activities;
(4) Activities not visible from the main traveled way;
(5) Activities located more than six hundred sixty feet from the nearest edge of the right-of-way;
(6) Activities conducted in a building principally used as a residence;
(7) Activities relating to railroad tracks and minor sidings;
(8) Activities relating to highways, roads, and streets.
(K) "Directional and official signs and notices" means those signs and notices that are required or authorized by law and conform to the rules for such signs and notices as adopted by the director in accordance with 23 C.F.R. 750.151 to 750.155.
(L) "Nonconforming advertising device" means an advertising device that was:
(1) Lawfully in existence prior to December 7, 1971;
(2) Lawfully on any highway made a part of the interstate system or primary highway system on or after December 7, 1971;
(3) Lawfully erected prior to any revision in the law effective December 7, 1971; or
(4) Lawfully erected but:
(a) No longer in compliance with the provisions of state law enacted or rules adopted at a later date; or
(b) No longer in compliance with state laws or rules due to changed conditions, including, but not limited to, zoning changes, highway relocation, highway reclassification, or changes in restrictions on sizing, lighting, spacing, or distance of advertising devices.
Illegally erected or maintained advertising devices are not nonconforming signs.
(M) "Scenic byway" means any linear transportation corridor as designated or as may hereafter be so designated by the director under the Ohio scenic byways program as having outstanding scenic qualities.
(N) "Director" means the director of the Ohio department of transportation.
(O) "Commercial or industrial zone" means those areas established by any state, county, municipal, or other local zoning authority as being most appropriate for business, commerce, industry, or trade. Any action taken by a state, county, municipal, or other local zoning authority that is not part of comprehensive zoning and is created primarily to permit outdoor advertising devices shall not be considered a commercial or industrial zone for purposes of this chapter.
(P) "Last permit holder" includes any of the following:
(1) The most recent holder of the advertising device permit;
(2)
A business, cooperative, corporation, enterprise, joint venture,
limited liability company, partnership, sole proprietorship, or
subsidiary, the viability of which is dependant
dependent
on
its relationship with the most recent holder of the advertising
device permit;
(3) Any person or entity that is closely related to or closely connected with the most recent holder of the advertising device permit.
(Q) "Professional sports facility" means all or a portion of a stadium, arena, motorsports complex, or other facility, including all parking facilities, walkways, and other auxiliary facilities that may be used for or in connection with the sports facility or its operation, the primary purpose of which is to provide a site or venue for the presentation to the public of either of the following:
(1) Events of one or more major or minor league professional athletic or sports teams that are associated with the state or with a city or region of the state;
(2) Motorsports events.
(R) "Compensation" means the exchange of anything of value including money, securities, real property interests, goods, services, a promise of future payment, or forbearance of a debt.
Sec. 5516.02. No advertising device shall be erected or maintained within six hundred sixty feet of the edge of the right-of-way of a highway on the interstate system except the following:
(A)
Directional
and official signs and notices that conform to rules adopted by the
director of transportation;
(B)
Signs advertising the sale or lease of the property upon which they
are located;
(C)
Advertising devices indicating the name of the business or profession
conducted on such property or that identify the goods produced, sold,
or services rendered on such property, and that conform to rules
adopted by the director;
(D)
Advertising
devices that are located in commercial or industrial zones traversed
by segments of the interstate system within the boundaries of a
municipal corporation as such boundaries existed on September 21,
1959, and that conform to rules adopted by the director
of
transportation;
(E)
(B)
Advertising
devices that are located on the premises of a professional sports
facility and that conform to rules adopted by the director.
Sec.
5516.05. (A)
The
director of transportation may designate any portion of the
interstate system, national highway system, or primary system any
of the following as
a scenic byway:
(1) The interstate system;
(2) The national highway system;
(3) The primary system;
(4) Any state, county, municipal, or township road or highway.
(B) The director shall exclude from designation as a scenic byway any segment of a highway in a zoned or unzoned commercial or industrial area that is determined by the director to be inconsistent with the designation of a scenic byway.
(C)
No
advertising device may be erected upon a designated scenic byway,
except in accordance with division (A),
(B),
or
(C)
(B)
of
section 5516.02 of the Revised Code, division (A), (B), or
(C),
(D), (E), or (G)
of
section 5516.06 of the Revised Code, or division (A),
(B), (C), or (D)
of
section 5516.061 of the Revised Code. Any advertising device lawfully
in existence prior to the designation of a scenic byway, upon such
designation, is a nonconforming advertising device under section
5516.07 of the Revised Code.
Sec. 5516.06. No advertising device shall be erected or maintained within six hundred sixty feet of the edge of the right-of-way of a highway on the primary system except the following:
(A)
Directional
and other official signs and notices that conform to rules adopted by
the director of transportation;
(B)
Signs advertising the sale or lease of the property upon which they
are located;
(C)
Advertising devices indicating the name of the business, activities,
or profession conducted on such property or that identify the goods
produced, sold, or services rendered on such property and that
conform to rules adopted by the director;
(D)
Precautionary signs relating to the premises;
(E)
Signs, displays, or devices which locate, identify, mark, or warn of
the presence of pipe lines, utility lines, or rail lines, and
appurtenances thereof, including, but not limited to, markers used in
the maintenance, operation, observation, and safety of said lines;
(F)
Advertising
devices located in zoned or unzoned industrial or commercial areas
adjacent to highways on the primary system that conform to rules
adopted by the director
of
transportation;
(G)
(B)
Signs
lawfully in existence on October 22, 1965, that the director, subject
to the approval of the secretary of the United States department of
transportation, has determined to be landmark signs, including signs
on farm structures or natural surfaces, which are of historic or
artistic significance;
(H)
(C)
Advertising
devices that are located on the premises of a professional sports
facility and that conform to rules adopted by the director.
Sec.
5516.061. (A)
No
advertising device shall be erected outside of urban areas further
than six hundred sixty feet from the right-of-way of the main
traveled way of a highway on the interstate or primary system if such
device would be visible from such main traveled way, except the
following:
(A)
Directional and official signs and notices that conform to rules
adopted by the director of transportation;
(B)
Signs advertising the sale or lease of the property upon which they
are located;
(C)
Advertising devices indicating the name of the business, activities,
or profession conducted on such property or that identify the goods
produced, sold, or services rendered on such property and that
conform to rules adopted by the director;
(D)
Signs signs
lawfully
in existence on October 22, 1965, that the director
of
transportation,
subject to the approval of the secretary of the United States
department of transportation, has determined to be landmark signs,
including signs on farm structures or natural surfaces,
which
that
are
of historic or artistic significance.
(B)
Any
advertising device lawfully in existence prior to November 28, 1975,
or lawfully on any highway made a part of the interstate or primary
system on or after that date, the erection of which would be illegal
under this section, is nonconforming, and may be maintained subject
to the permit provisions of section 5516.10 of the Revised Code. An
advertising device existing prior to
the
effective date of this section
September
16, 2004,
which
would be illegal under this section shall be considered a
nonconforming advertising device and may be maintained subject to the
permit provisions of section 5516.10 of the Revised Code.
(C) As used in this section, "urban area" means an urbanized area or an urban place as designated by the bureau of the census having a population of five thousand or more, and within boundaries approved by the United States secretary of transportation.
Sec.
5516.11. This
chapter does not affect the authority of a state, county, municipal,
or other local zoning authority to zone areas for commercial or
industrial purposes under its respective zoning laws. Whenever a
state, county, municipal, or other local zoning authority has adopted
comprehensive zoning and established rules and regulations
controlling the size, lighting, and spacing of outdoor advertising
devices, that are equivalent to and consistent with the intent of
this chapter, such rules and regulations will be accepted in lieu of
the controls provided in division (D)
(A)
of
section 5516.02 and in section 5516.061 of the Revised Code in the
commercial and industrial zones within the geographical jurisdiction
of such authority.
Whenever a zoning authority establishes new comprehensive zoning rules or regulations, a copy thereof shall be furnished to the director of transportation within thirty days after its passage.
Chapter 5516. of the Revised Code shall not be construed to allow the erection of an advertising device in an area zoned by state, county, municipal, or other local authorities to exclude such devices.
Sec. 5517.02. (A) Before undertaking the construction, reconstruction by widening or resurfacing, or improvement of a state highway, or a bridge or culvert thereon, or the installation of a traffic control signal on a state highway, the director of transportation, except as provided in section 5517.021 of the Revised Code, shall make an estimate of the cost of the work using the force account project assessment form developed by the auditor of state under section 117.16 of the Revised Code. When a force account project assessment form is required, the estimate shall include costs for subcontracted work and any competitively bid component costs.
(B)(1) After complying with division (A) of this section, the director may proceed without competitive bidding with maintenance or repair work by employing labor, purchasing materials, and furnishing equipment, if the total estimated cost of the completed operation, or series of connected operations, does not exceed the following, as adjusted under division (B)(2) of this section:
(a)
Thirty thousand dollars per centerline
mile lane-mile
of
highway, exclusive of structures and traffic control signals;
(b) Sixty thousand dollars for any single traffic control signal or any other single project.
(2) On the first day of July of every odd-numbered year beginning in 2015, the director shall increase the amounts established in division (B)(1) of this section by an amount not to exceed the lesser of three per cent, or the percentage amount of any increase in the department of transportation's construction cost index as annualized and totaled for the prior two calendar years. The director shall publish the applicable amounts on the department's internet web site.
(C) The director may proceed by furnishing equipment, purchasing materials, and employing labor in the erection of temporary bridges or the making of temporary repairs to a highway or bridge rendered necessary by flood, landslide, or other extraordinary emergency. If the director determines inability to complete such emergency work by force account, the director may contract for any part of the work, with or without advertising for bids, as the director considers for the best interest of the department of transportation.
(D) When a project proceeds by force account under this section or section 5517.021 of the Revised Code, the department of transportation shall perform the work in compliance with any project requirements and specifications that would have applied if a contract for the work had been let by competitive bidding. The department shall retain in the project record all records documenting materials testing compliance, materials placement compliance, actual personnel and equipment hours usage, and all other documentation that would have been required if a contract for the work had been let by competitive bidding.
(E) The director shall proceed by competitive bidding to let work to the lowest competent and responsible bidder after advertisement as provided in section 5525.01 of the Revised Code in both of the following situations:
(1) When the scope of work exceeds the limits established in section 5517.021 of the Revised Code;
(2) When the estimated cost for a project, other than work described in section 5517.021 of the Revised Code, exceeds the amounts established in division (B) of this section, as adjusted.
Sec. 5517.021. (A)(1) The director of transportation may proceed without competitive bidding by employing labor, purchasing materials, and furnishing equipment to do any of the following work:
(a) Replace any single span bridge in its substantial entirety or widen any single span bridge, including necessary modifications to accommodate widening the existing substructure and wing walls. The director shall proceed under division (A)(1)(a) of this section only if the deck area of the new or widened bridge does not exceed seven hundred square feet as measured around the outside perimeter of the deck.
(b) Replace the bearings, beams, and deck of any bridge on that bridge's existing foundation if the deck area of the rehabilitated structure does not exceed eight hundred square feet;
(c) Construct or replace any single cell or multi-cell culvert whose total waterway opening does not exceed fifty-two square feet;
(d) Pave or patch an asphalt surface if the operation does not exceed one hundred twenty tons of asphalt per lane-mile of roadway length, except that the department shall not perform a continuous resurfacing operation under this section if the cost of the work exceeds the amount established in division (B)(1)(a) of section 5517.02 of the Revised Code, as adjusted;
(e) Install a drilled shaft retaining wall or driven pile retaining wall for landslide mitigation, provided that all of the following apply:
(i) The retaining wall does not exceed five thousand square feet in size, inclusive of the above and below ground height of the retaining wall.
(ii) Any drilled shaft diameter does not exceed twenty-four inches.
(iii) Any steel beam used in the retaining wall weighs less than thirty-five pounds per foot.
(2) Work performed in accordance with division (A)(1) of this section may include approach roadway work, extending not more than one hundred fifty feet as measured from the back side of the bridge abutment wall or outside edge of the culvert, as applicable. The length of an approach guardrail shall be in accordance with department of transportation design requirements and shall not be included in the approach work size limitation.
(B) The requirements of section 117.16 of the Revised Code shall not apply to work described in division (A) of this section and the work shall be exempt from audit for force account purposes except to determine compliance with the applicable size or tonnage restrictions.
Sec. 5543.20. The county engineer shall inspect all bridges or portions thereof on the county highway system inside and outside of municipalities, bridges on township roads, and other bridges or portions of bridges for which responsibility for inspection is by law or agreement assigned to the county. If the responsibility for inspection of a bridge is not fixed by law or agreement and the county performs the largest share of maintenance on a bridge, inspection shall be made by the engineer.
This section does not prohibit a board of township trustees from inspecting bridges within a township.
Such
inspection shall be made annuallyon
a schedule established by the director of transportation, but at
least once every twenty-four months,
or more frequently if required by the board of county commissioners,
in accordance with the manual of bridge inspection described in
section 5501.47 of the Revised Code.
Counties may contract for inspection services.
The engineer shall maintain an updated inventory of all bridges in the county, except those on the state highway system and those within a municipality for which the engineer has no duty to inspect, and indicate on the inventory record who is responsible for inspection and for maintenance, and the authority for such responsibilities.
The
engineer shall report the condition of all bridges to the board of
county commissioners not later than sixty days after his
annual the
inspection
or he
the
engineer
shall
report more frequently if the board so requires. Any bridge for which
the county has inspection or maintenance responsibility which, at any
time, is found to be in a condition that is a potential danger to
life or property shall be identified in the reports, and if the
engineer determines that the condition of any bridge represents an
immediate danger he
the
engineer
shall
immediately report the condition to the board. With respect to those
bridges where there exists joint maintenance responsibility, the
engineer shall furnish a copy of his
the
inspection
report
to each party responsible for a share of maintenance. The engineer
shall furnish each board of township trustees with a report of the
condition of bridges on the township road system of such township and
furnish the legislative authority of each municipality in the county
with a report of the condition of bridges in such municipality for
which the county has responsibility for inspection.
"Maintenance" as used in this division means actual performance of maintenance work.
Sec.
5577.02. No
person
shall operate or move a trackless
trolley, traction engine, steam roller, or other vehicle, load,
object, or structure, whether propelled by muscular or motor power,
not
including vehicles run upon stationary rails or tracks, fire engines,
fire trucks, or other vehicles or apparatus belonging to or used by
any municipal or volunteer fire department in the discharge of its
functions, shall be operated or moved over
or upon the improved public streets, highways, bridges, or culverts
in this state, upon
wheels, rollers, or otherwise, weighing that
weighs in
excess of the weights prescribed in sections 5577.01 to 5577.14,
inclusive,
of
the Revised Code, including
the weight of vehicle, object, structure, or contrivance and load,
except upon special permission, granted as provided by unless
the person has been issued a permit under section
4513.34 of the Revised Code.
The
prohibition in this section applies regardless of whether the weight
is moved upon wheels, rollers, or otherwise. Any weight determination
shall include the weight of the vehicle, object, structure,
contrivance, and load.
Sec. 5577.045. (A) As used in this section, "fire engine" means a fire engine, fire truck, or other vehicle or apparatus belonging to or used by any municipal or volunteer fire department, while in the discharge of its functions.
(B) Notwithstanding sections 5577.02 and 5577.04 of the Revised Code, a person may do both of the following without a written permit issued under section 4513.34 of the Revised Code:
(1) Operate a two-axle fire engine, with a front axle maximum weight of twenty-four thousand pounds and a rear axle maximum weight of thirty-three thousand five hundred pounds and a minimum wheelbase of fifteen feet, on all roadways in the state;
(2) Operate a fire engine with a maximum gross vehicle weight of eighty-six thousand pounds on the interstate highway system and within one road mile of an interstate highway system entrance or exit ramp.
Sec. 5703.21. (A) Except as provided in divisions (B) and (C) of this section, no agent of the department of taxation, except in the agent's report to the department or when called on to testify in any court or proceeding, shall divulge any information acquired by the agent as to the transactions, property, or business of any person while acting or claiming to act under orders of the department. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 of the Revised Code, or an audit of the department pursuant to Chapter 117. of the Revised Code, or an audit, pursuant to that chapter, the objective of which is to express an opinion on a financial report or statement prepared or issued pursuant to division (A)(7) or (9) of section 126.21 of the Revised Code, the officers and employees of the auditor of state charged with conducting the audit shall have access to and the right to examine any state tax returns and state tax return information in the possession of the department to the extent that the access and examination are necessary for purposes of the audit. Any information acquired as the result of that access and examination shall not be divulged for any purpose other than as required for the audit or unless the officers and employees are required to testify in a court or proceeding under compulsion of legal process. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the auditor of state.
(2) For purposes of an internal audit pursuant to section 126.45 of the Revised Code, the officers and employees of the office of internal audit in the office of budget and management charged with directing the internal audit shall have access to and the right to examine any state tax returns and state tax return information in the possession of the department to the extent that the access and examination are necessary for purposes of the internal audit. Any information acquired as the result of that access and examination shall not be divulged for any purpose other than as required for the internal audit or unless the officers and employees are required to testify in a court or proceeding under compulsion of legal process. Whoever violates this provision shall thereafter be disqualified from acting as an officer or employee or in any other capacity under appointment or employment of the office of internal audit.
(3) As provided by section 6103(d)(2) of the Internal Revenue Code, any federal tax returns or federal tax information that the department has acquired from the internal revenue service, through federal and state statutory authority, may be disclosed to the auditor of state or the office of internal audit solely for purposes of an audit of the department.
(4) For purposes of Chapter 3739. of the Revised Code, an agent of the department of taxation may share information with the division of state fire marshal that the agent finds during the course of an investigation.
(C) Division (A) of this section does not prohibit any of the following:
(1) Divulging information contained in applications, complaints, and related documents filed with the department under section 5715.27 of the Revised Code or in applications filed with the department under section 5715.39 of the Revised Code;
(2) Providing information to the office of child support within the department of job and family services pursuant to section 3125.43 of the Revised Code;
(3) Disclosing to the motor vehicle repair board any information in the possession of the department that is necessary for the board to verify the existence of an applicant's valid vendor's license and current state tax identification number under section 4775.07 of the Revised Code;
(4) Providing information to the administrator of workers' compensation pursuant to sections 4123.271 and 4123.591 of the Revised Code;
(5) Providing to the attorney general information the department obtains under division (J) of section 1346.01 of the Revised Code;
(6) Permitting properly authorized officers, employees, or agents of a municipal corporation from inspecting reports or information pursuant to section 718.84 of the Revised Code or rules adopted under section 5745.16 of the Revised Code;
(7) Providing information regarding the name, account number, or business address of a holder of a vendor's license issued pursuant to section 5739.17 of the Revised Code, a holder of a direct payment permit issued pursuant to section 5739.031 of the Revised Code, or a seller having a use tax account maintained pursuant to section 5741.17 of the Revised Code, or information regarding the active or inactive status of a vendor's license, direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under section 4301.433 of the Revised Code pursuant to that section;
(9) Providing to a county auditor notices or documents concerning or affecting the taxable value of property in the county auditor's county. Unless authorized by law to disclose documents so provided, the county auditor shall not disclose such documents;
(10) Providing to a county auditor sales or use tax return or audit information under section 333.06 of the Revised Code;
(11) Subject to section 4301.441 of the Revised Code, disclosing to the appropriate state agency information in the possession of the department of taxation that is necessary to verify a permit holder's gallonage or noncompliance with taxes levied under Chapter 4301. or 4305. of the Revised Code;
(12) Disclosing to the department of natural resources information in the possession of the department of taxation that is necessary for the department of taxation to verify the taxpayer's compliance with section 5749.02 of the Revised Code or to allow the department of natural resources to enforce Chapter 1509. of the Revised Code;
(13) Disclosing to the department of job and family services, industrial commission, and bureau of workers' compensation information in the possession of the department of taxation solely for the purpose of identifying employers that misclassify employees as independent contractors or that fail to properly report and pay employer tax liabilities. The department of taxation shall disclose only such information that is necessary to verify employer compliance with law administered by those agencies.
(14) Disclosing to the Ohio casino control commission information in the possession of the department of taxation that is necessary to verify a casino operator's compliance with section 5747.063 or 5753.02 of the Revised Code and sections related thereto;
(15) Disclosing to the state lottery commission information in the possession of the department of taxation that is necessary to verify a lottery sales agent's compliance with section 5747.064 of the Revised Code.
(16) Disclosing to the development services agency information in the possession of the department of taxation that is necessary to ensure compliance with the laws of this state governing taxation and to verify information reported to the development services agency for the purpose of evaluating potential tax credits, grants, or loans. Such information shall not include information received from the internal revenue service the disclosure of which is prohibited by section 6103 of the Internal Revenue Code. No officer, employee, or agent of the development services agency shall disclose any information provided to the development services agency by the department of taxation under division (C)(16) of this section except when disclosure of the information is necessary for, and made solely for the purpose of facilitating, the evaluation of potential tax credits, grants, or loans.
(17) Disclosing to the department of insurance information in the possession of the department of taxation that is necessary to ensure a taxpayer's compliance with the requirements with any tax credit administered by the development services agency and claimed by the taxpayer against any tax administered by the superintendent of insurance. No officer, employee, or agent of the department of insurance shall disclose any information provided to the department of insurance by the department of taxation under division (C)(17) of this section.
(18) Disclosing to the division of liquor control information in the possession of the department of taxation that is necessary for the division and department to comply with the requirements of sections 4303.26 and 4303.271 of the Revised Code.
(19) Disclosing to the department of education, upon that department's request, information in the possession of the department of taxation that is necessary only to verify whether the family income of a student applying for or receiving a scholarship under the educational choice scholarship pilot program is equal to, less than, or greater than the income thresholds prescribed by section 3310.02 or 3310.032 of the Revised Code. The department of education shall provide sufficient information about the student and the student's family to enable the department of taxation to make the verification.
(20) Disclosing to the Ohio rail development commission information in the possession of the department of taxation that is necessary to verify information reported to the commission for the purpose of evaluating potential grants or loans. Such information shall not include information received from the internal revenue service the disclosure of which is prohibited by section 6103 of the Internal Revenue Code. No member, officer, employee, or agent of the Ohio rail development commission shall disclose any information provided to the commission by the department of taxation under division (C)(20) of this section except when disclosure of the information is necessary for, and made solely for the purpose of facilitating, the evaluation of potential grants or loans.
Section 101.02. That existing sections 306.322, 723.54, 2743.51, 2903.06, 2903.08, 2913.71, 2929.41, 3321.141, 4501.01, 4501.21, 4503.10, 4503.103, 4503.182, 4503.19, 4503.191, 4503.21, 4503.29, 4503.51, 4503.513, 4503.573, 4503.581, 4503.591, 4503.593, 4503.65, 4503.67, 4503.68, 4503.69, 4503.771, 4503.78, 4503.791, 4503.83, 4503.871, 4503.873, 4503.874, 4503.875, 4503.876, 4503.877, 4503.878, 4503.879, 4503.88, 4503.892, 4503.901, 4503.902, 4503.903, 4503.904, 4503.905, 4503.906, 4503.907, 4503.908, 4503.909, 4503.951, 4503.952, 4503.953, 4503.954, 4503.955, 4505.01, 4505.06, 4505.09, 4505.11, 4505.19, 4507.02, 4507.06, 4507.12, 4507.21, 4507.213, 4507.50, 4507.51, 4507.53, 4508.02, 4510.036, 4511.043, 4511.181, 4511.195, 4511.202, 4511.204, 4511.454, 4511.46, 4511.75, 4511.751, 4511.991, 4519.10, 4519.59, 4561.01, 4561.021, 4561.05, 4561.06, 4561.08, 4561.09, 4561.11, 4561.12, 4561.14, 4561.31, 4561.32, 4561.33, 4561.34, 4561.341, 4561.35, 4561.36, 4561.37, 4561.38, 4561.39, 4563.01, 4563.03, 4563.031, 4563.032, 4563.04, 4563.05, 4563.06, 4563.07, 4563.08, 4563.09, 4563.10, 4563.11, 4563.12, 4563.13, 4563.16, 4563.18, 4563.20, 4563.21, 5501.47, 5501.48, 5516.01, 5516.02, 5516.05, 5516.06, 5516.061, 5516.11, 5517.02, 5517.021, 5543.20, 5577.02, and 5703.21 of the Revised Code are hereby repealed.
Section 105.01. That sections 4503.511, 4503.512, 4503.77, 4503.772, 4503.79, 4505.032, and 4561.30 of the Revised Code are hereby repealed.
Section 105.10. That Section 513.20 of H.B. 166 of the 133rd General Assembly is hereby repealed.
Section 201.10. Except as otherwise provided in this act, all appropriation items in this act are appropriated out of any moneys in the state treasury to the credit of the designated fund that are not otherwise appropriated. For all appropriations made in this act, the amounts in the first column are for fiscal year 2022 and the amounts in the second column are for fiscal year 2023.
Section 203.10.
|
1 |
2 |
3 |
4 |
5 |
A |
DOT DEPARTMENT OF TRANSPORTATION |
||||
B |
Highway Operating Fund Group |
||||
C |
2120 |
772426 |
Highway Infrastructure Bank - Federal |
$5,500,000 |
$5,500,000 |
D |
2120 |
772427 |
Highway Infrastructure Bank - State |
$14,750,000 |
$14,750,000 |
E |
2120 |
772430 |
Infrastructure Debt Reserve Title 23-49 |
$600,000 |
$600,000 |
F |
2130 |
772431 |
Roadway Infrastructure Bank - State |
$3,600,000 |
$3,750,000 |
G |
2130 |
772433 |
Infrastructure Debt Reserve - State |
$550,000 |
$0 |
H |
2130 |
777477 |
Aviation Infrastructure Bank - State |
$2,000,000 |
$2,400,000 |
I |
7002 |
770003 |
Transportation Facilities Lease Rental Bond Payments |
$16,562,000 |
$20,299,728 |
J |
7002 |
771411 |
Planning and Research - State |
$27,701,087 |
$28,289,885 |
K |
7002 |
771412 |
Planning and Research - Federal |
$42,062,017 |
$42,062,017 |
L |
7002 |
772421 |
Highway Construction - State |
$713,639,296 |
$700,265,960 |
M |
7002 |
772422 |
Highway Construction - Federal |
$1,575,802,398 |
$1,236,154,808 |
N |
7002 |
772424 |
Highway Construction - Other |
$80,000,000 |
$80,000,000 |
O |
7002 |
772437 |
Major New State Infrastructure Bond Debt Service - State |
$16,980,228 |
$17,789,693 |
P |
7002 |
772438 |
Major New State Infrastructure Bond Debt Service - Federal |
$119,736,667 |
$126,745,308 |
Q |
7002 |
773431 |
Highway Maintenance - State |
$604,833,251 |
$610,599,776 |
R |
7002 |
775452 |
Public Transportation - Federal |
$40,207,799 |
$41,158,833 |
S |
7002 |
775454 |
Public Transportation - Other |
$1,500,000 |
$1,500,000 |
T |
7002 |
776462 |
Grade Crossings - Federal |
$14,103,406 |
$14,068,961 |
U |
7002 |
777472 |
Airport Improvements - Federal |
$405,000 |
$405,000 |
V |
7002 |
777475 |
Aviation Administration |
$6,436,686 |
$6,463,827 |
W |
7002 |
779491 |
Administration - State |
$107,129,516 |
$110,169,850 |
X |
TOTAL HOF Highway Operating Fund Group |
$3,394,099,351 |
$3,062,973,646 |
||
Y |
Dedicated Purpose Fund Group |
||||
Z |
4N40 |
776664 |
Rail Transportation - Other |
$2,875,800 |
$2,875,800 |
AA |
5W90 |
777615 |
County Airport Maintenance |
$620,000 |
$620,000 |
AB |
TOTAL DPF Dedicated Purpose Fund Group |
$3,495,800 |
$3,495,800 |
||
AC |
Capital Projects Fund Group |
||||
AD |
7042 |
772723 |
Highway Construction - Bonds |
$60,000,000 |
$89,953,867 |
AE |
7045 |
772428 |
Highway Infrastructure Bank - Bonds |
$60,000,000 |
$80,000,000 |
AF |
TOTAL CPF Capital Projects Fund Group |
$120,000,000 |
$169,953,867 |
||
AG |
TOTAL ALL BUDGET FUND GROUPS |
$3,517,595,151 |
$3,236,423,313 |
Section 203.20. TRANSPORTATION FACILITIES LEASE RENTAL BOND PAYMENTS
The foregoing appropriation item 770003, Transportation Facilities Lease Rental Bond Payments, shall be used to meet all payments during the period from July 1, 2021, through June 30, 2023, pursuant to the leases and agreements for facilities made under Chapter 154. of the Revised Code. These appropriations are the source of funds pledged for bond service charges on related obligations issued under Chapter 154. of the Revised Code.
Should the appropriation in appropriation item 770003, Transportation Facilities Lease Rental Bond Payments, exceed the associated debt service payments in either fiscal year of the biennium ending June 30, 2023, the balance may be transferred to appropriation item 772421, Highway Construction – State, 773431, Highway Maintenance – State, or 779491, Administration – State, upon the written request of the Director of Transportation and with the approval of the Director of Budget and Management. The transfers are hereby appropriated and shall be reported to the Controlling Board.
Section 203.30. ROADS FOR DNR, METROPOLITAN PARKS, EXPOSITIONS COMMISSION, AND HISTORY CONNECTION
(A) Notwithstanding section 5511.06 of the Revised Code, in each fiscal year of the biennium ending June 30, 2023, the Director of Transportation shall determine portions of the foregoing appropriation item 772421, Highway Construction – State, which shall be used for the construction, reconstruction, or maintenance of public access roads, including support features, to and within state facilities owned or operated by the Department of Natural Resources.
(B) Notwithstanding section 5511.06 of the Revised Code, of the foregoing appropriation item 772421, Highway Construction – State, $2,562,000 in each fiscal year shall be used for the construction, reconstruction, or maintenance of park drives or park roads within the boundaries of metropolitan parks.
(C) The Department of Transportation may use the foregoing appropriation item 772421, Highway Construction – State, to perform:
(1) Related road work on behalf of the Ohio Expositions Commission at the state fairgrounds, including reconstruction or maintenance of public access roads and support features to and within fairgrounds facilities, as requested by the Commission and approved by the Director of Transportation; and
(2) Related road work on behalf of the Ohio History Connection, including reconstruction or maintenance of public access roads and support features to and within Ohio History Connection facilities, as requested by the Ohio History Connection and approved by the Director of Transportation.
Section 203.40. TRANSPORTATION IMPROVEMENT DISTRICTS
(A) Of the foregoing appropriation item 772421, Highway Construction – State, $4,500,000 in each fiscal year shall be made available for distribution by the Director of Transportation to Transportation Improvement Districts that have facilitated funding for the cost of a project or projects in conjunction with and through other governmental agencies.
(B) A Transportation Improvement District shall submit requests for project funding to the Director of Transportation by a day determined by the Director. The Department shall notify the Transportation Improvement District whether the Department has approved or disapproved the project funding request within ninety days after the day the request was submitted by the Transportation Improvement District.
(C) Any funding provided to a Transportation Improvement District specified in this section shall not be used for the purposes of administrative costs or administrative staffing and must be used to fund a specific project or projects within that District's area. The total amount of a specific project's cost shall not be fully funded by the amount of funds provided under this section. The total amount of funding provided for each project is limited to $500,000 per fiscal year. Transportation Improvement Districts that are co-sponsoring a specific project may individually apply for up to $500,000 for that project per fiscal year.
(D) Funding provided under this section may be used for preliminary engineering, detailed design, right-of-way acquisition, and construction of the specific project and such other project costs that are defined in section 5540.01 of the Revised Code and approved by the Director of Transportation. Upon receipt of a copy of an invoice for work performed on the specific project, the Director shall reimburse a Transportation Improvement District for the expenditures described above, subject to the requirements of this section.
(E) A Transportation Improvement District that is requesting funds under this section shall register with the Director of Transportation. The Director shall register a Transportation Improvement District only if the district has a specific, eligible project and may cancel the registration of a Transportation Improvement District that is not eligible to receive funds under this section. The Director shall not provide funds to any Transportation Improvement District under this section if the district is not registered. The Director shall not register a Transportation Improvement District and may cancel the registration of a currently registered Transportation Improvement District unless at least one of the following applies:
(1) The Transportation Improvement District, by a resolution or resolutions, designated a project or program of projects and facilitated, including in conjunction with and through other governmental agencies, funding for costs of a project or program of projects in an aggregate amount of not less than $15,000,000 from the commencement date of the project or program of projects.
(2) The Transportation Improvement District has designated, by a resolution or resolutions, a project or program of projects that has estimated aggregate costs in excess of $10,000,000 and the County Engineer of the county in which the Transportation Improvement District is located has attested by a sworn affidavit that the costs of the project or program of projects exceeds $10,000,000 and that the Transportation Improvement District is facilitating a portion of funding for that project or program of projects.
(F) For the purposes of this section:
(1) "Project" has the same meaning as in division (C) of section 5540.01 of the Revised Code.
(2) "Governmental agency" has the same meaning as in division (B) of section 5540.01 of the Revised Code.
(3) "Cost" has the same meaning as in division (D) of section 5540.01 of the Revised Code.
Section 203.50. BOND ISSUANCE AUTHORIZATION
The Treasurer of State, upon the request of the Director of Transportation, is authorized to issue and sell, in accordance with Section 2m of Article VIII, Ohio Constitution, and Chapter 151. and particularly sections 151.01 and 151.06 of the Revised Code, obligations, including bonds and notes, in the aggregate amount of $85,000,000 in addition to the original issuance of obligations authorized by prior acts of the General Assembly.
The obligations shall be issued and sold from time to time in amounts necessary to provide sufficient moneys to the credit of the Highway Capital Improvement Fund (Fund 7042) created by section 5528.53 of the Revised Code to pay costs charged to the fund when due as estimated by the Director of Transportation, provided, however, that not more than $220,000,000 original principal amount of obligations, plus the principal amount of obligations that in prior fiscal years could have been, but were not, issued within the $220,000,000 limit, may be issued in any fiscal year, and not more than $1,200,000,000 original principal amount of such obligations are outstanding at any one time.
Section 203.60. APPROPRIATION TRANSFERS, APPROPRIATION INCREASES, AND CASH TRANSFERS
(A) TRANSFERS OF HIGHWAY OPERATING FUND APPROPRIATIONS: EMERGENCIES, INCLEMENT WEATHER, AND FEDERAL FUNDING CHANGES
The Director of Transportation may request the Controlling Board to authorize the transfer of Highway Operating Fund (Fund 7002) appropriations for planning and research (appropriation items 771411 and 771412), highway construction and debt service (appropriation items 772421, 772422, 772424, 772425, 772437, 772438, and 770003), highway maintenance (appropriation item 773431), public transportation - federal (appropriation item 775452), rail grade crossings (appropriation item 776462), aviation (appropriation item 777475), airport improvement (appropriation item 772472), and administration (appropriation item 779491). The Director of Transportation may not seek requests of appropriation transfers out of debt service appropriation items unless the Director determines that the appropriated amounts exceed the actual and projected debt service requirements.
This transfer request authorization is intended to provide for emergency situations or for the purchase of goods and services relating to dangerous inclement weather that arise during the biennium ending June 30, 2023. It also is intended to allow the Department to adjust to circumstances affecting the obligation and expenditure of federal funds. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(B) TRANSFERS OF FEDERAL AND LOCAL FUNDED APPROPRIATIONS: HIGHWAY, PLANNING, TRANSIT, RAIL, AND AVIATION
The Director of Transportation may request the Controlling Board to authorize the transfer of appropriations between appropriation items 772422, Highway Construction - Federal, 771412, Planning and Research - Federal, 775452, Public Transportation - Federal, 775454, Public Transportation - Other, 776475, Federal Rail Administration, 776462, Grade Crossing - Federal, and 777472, Airport Improvements - Federal. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(C) TRANSFERS OF APPROPRIATIONS AND CASH: STATE INFRASTRUCTURE BANK
The Director of Transportation may request the Controlling Board to authorize the transfer of appropriations and cash of the Infrastructure Bank funds created in section 5531.09 of the Revised Code, including transfers between fiscal years 2022 and 2023.
The Director of Transportation may request the Controlling Board to authorize the transfer of appropriations and cash from the Highway Operating Fund (Fund 7002) to the Infrastructure Bank funds created in section 5531.09 of the Revised Code. The Director of Budget and Management may transfer from the Infrastructure Bank funds to Fund 7002 up to the amounts originally transferred to the Infrastructure Bank funds under this section. However, the Director may not make transfers between modes or transfers between different funding sources. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(D) TRANSFERS OF APPROPRIATIONS AND CASH: TOLLING FUNDS
The Director of Transportation may request the Controlling Board to authorize the transfer of appropriations and cash of the Ohio Toll Fund and any subaccounts created in section 5531.14 of the Revised Code, including transfers between fiscal years 2022 and 2023. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(E) INCREASING APPROPRIATIONS: STATE FUNDS
In the event that receipts or unexpended balances credited to the Highway Operating Fund (Fund 7002) exceed the estimates upon which the appropriations have been made in this act, upon the request of the Director of Transportation, the Controlling Board may authorize expenditures, in excess of the amounts appropriated, from the Highway Operating Fund in the manner prescribed in section 131.35 of the Revised Code. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(F) INCREASING APPROPRIATIONS: FEDERAL AND LOCAL FUNDS
In the event that receipts or unexpended balances credited to the Highway Operating Fund (Fund 7002) or apportionments or allocations made available from the federal and local governments exceed the estimates upon which the appropriations have been made in this act, upon the request of the Director of Transportation, the Controlling Board may authorize expenditures, in excess of the amounts appropriated, from the Highway Operating Fund in the manner prescribed in section 131.35 of the Revised Code. The amounts authorized by the Controlling Board under this division are hereby appropriated.
(G) TRANSFERS OF CASH BETWEEN THE HIGHWAY OPERATING FUND AND THE HIGHWAY CAPITAL IMPROVEMENT FUND
Upon the request of the Director of Transportation, the Director of Budget and Management may transfer cash from the Highway Operating Fund (Fund 7002) to the Highway Capital Improvement Fund (Fund 7042) created in section 5528.53 of the Revised Code. The Director of Budget and Management may transfer cash from Fund 7042 to Fund 7002 up to the amount of cash previously transferred to Fund 7042 under this section.
(H) DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING
On July 1 and January 1 of each year in the biennium ending June 30, 2023, or as soon as possible thereafter, respectively, the Director of Budget and Management shall transfer $200,000 cash, for each semiannual period, from the Highway Operating Fund (Fund 7002) to the Deputy Inspector General for ODOT Fund (Fund 5FA0).
The Inspector General, with the consent of the Director of Budget and Management, may request the Controlling Board to authorize additional transfers of cash and expenditures in excess of the amount appropriated under appropriation item 965603, Deputy Inspector General for ODOT, if additional amounts are necessary. The amounts authorized by the Controlling Board are hereby appropriated.
(I) LIQUIDATION OF UNFORESEEN LIABILITIES
Any appropriation made from the Highway Operating Fund (Fund 7002) not otherwise restricted by law is available to liquidate unforeseen liabilities arising from contractual agreements of prior years when the prior year encumbrance is insufficient.
Section 203.65. REAPPROPRIATIONS
In each year of the biennium ending June 30, 2023, the Director of Budget and Management may request the Controlling Board to authorize the expenditure of any remaining unencumbered balances of prior years' appropriations to the Highway Operating Fund (Fund 7002), the Highway Capital Improvement Fund (Fund 7042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code for the same purpose in the following fiscal year. The amounts authorized by the Controlling Board are hereby reappropriated.
Prior to the Director of Budget and Management's seeking approval of the Controlling Board, the Director of Transportation shall develop a reappropriation request plan that identifies the appropriate fund and appropriation item of the reappropriation, and the reappropriation request amount and submit the plan to the Director of Budget and Management for evaluation. The Director of Budget and Management may request additional information necessary for evaluating the reappropriation request plan, and the Director of Transportation shall provide the requested information to the Director of Budget and Management. Based on the information provided by the Director of Transportation, the Director of Budget and Management shall determine amounts to be reappropriated by fund and appropriation item to submit to the Controlling Board for its approval.
Any balances of prior years' unencumbered appropriations to the Highway Operating Fund (Fund 7002), the Highway Capital Improvement Fund (Fund 7042), and the Infrastructure Bank funds created in section 5531.09 of the Revised Code for which reappropriations are requested and approved are subject to the availability of revenue in the funds.
Section 203.70. MAINTENANCE OF INTERSTATE HIGHWAYS
The Department of Transportation has the responsibility to maintain all interstate highways in the state. The Director of Transportation may enter into an agreement with a political subdivision to allow the political subdivision to remove snow and ice and maintain, repair, improve, or provide lighting upon interstate highways that are located within the boundaries of the political subdivision, in a manner adequate to meet the requirements of federal law.
When agreed in writing by the Director of Transportation and the legislative authority of a political subdivision and notwithstanding sections 125.01 and 125.11 of the Revised Code, the Department of Transportation may reimburse a political subdivision for all or any part of the costs, as provided by such agreement, incurred by the political subdivision in maintaining, repairing, lighting, and removing snow and ice from the interstate system.
Section 203.80. PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS
The Director of Transportation may use revenues from the state motor vehicle fuel tax to match approved federal grants awarded to the Department of Transportation, regional transit authorities, or eligible public transportation systems, for public transportation highway purposes, or to support local or state-funded projects for public transportation highway purposes.
Public transportation highway purposes include (1) the construction or repair of high-occupancy vehicle traffic lanes, (2) the acquisition or construction of park-and-ride facilities, (3) the acquisition or construction of public transportation vehicle loops, (4) the construction or repair of bridges used by public transportation vehicles or that are the responsibility of a regional transit authority or other public transportation system, or (5) other similar construction that is designated as an eligible public transportation highway purpose. Motor vehicle fuel tax revenues may not be used for operating assistance or for the purchase of vehicles, equipment, or maintenance facilities.
Section 203.90. AGREEMENTS WITH FEDERAL AGENCIES FOR ENVIRONMENTAL REVIEW PURPOSES
The Director of Transportation may enter into agreements as provided in this section with the United States or any department or agency of the United States, including, but not limited to, the United States Army Corps of Engineers, the United States Forest Service, the United States Environmental Protection Agency, and the United States Fish and Wildlife Service. An agreement entered into pursuant to this section shall be solely for the purpose of dedicating staff to the expeditious and timely review of environmentally related documents submitted by the Director of Transportation, as necessary for the approval of federal permits.
The agreements may include provisions for advance payment by the Director of Transportation for labor and all other identifiable costs of the United States or any department or agency of the United States providing the services, as may be estimated by the United States, or the department or agency of the United States.
The Director shall submit a request to the Controlling Board indicating the amount of the agreement, the services to be performed by the United States or the department or agency of the United States, and the circumstances giving rise to the agreement.
Section 203.100. INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACTS
(A) As used in this section, "indefinite delivery indefinite quantity contract" means a contract for an indefinite quantity, within stated limits, of supplies or services that will be delivered by the awarded bidder over a defined contract period.
(B) The Director of Transportation shall advertise and seek bids for, and shall award, indefinite delivery indefinite quantity contracts for not more than two projects in fiscal year 2022 and for not more than two projects in fiscal year 2023. For purposes of entering into indefinite delivery indefinite quantity contracts, the Director shall do all of the following:
(1) Prepare bidding documents;
(2) Establish contract forms;
(3) Determine contract terms and conditions, including the following:
(a) The maximum overall value of the contract, which may include an allowable increase of one hundred thousand dollars or five per cent of the advertised contract value, whichever is less;
(b) The duration of the contract, including a time extension of up to one year if determined appropriate by the Director;
(c) The defined geographical area to which the contract applies, which shall be not greater than the size of one district of the Department of Transportation.
(4) Develop and implement a work order process in order to provide the awarded bidder adequate notice of requested supplies or services, the anticipated quantities of supplies, and work location information for each work order;
(5) Take any other action necessary to fulfill the duties and obligations of the Director under this section.
(C) Section 5525.01 of the Revised Code applies to indefinite delivery indefinite quantity contracts.
Section 205.10.
|
1 |
2 |
3 |
4 |
5 |
A |
DPS DEPARTMENT OF PUBLIC SAFETY |
||||
B |
Highway Safety Fund Group |
||||
C |
5TM0 |
762321 |
Operating Expense - BMV |
$127,971,051 |
$126,608,380 |
D |
5TM0 |
762637 |
Local Immobilization Reimbursement |
$200,000 |
$200,000 |
E |
5TM0 |
764321 |
Operating Expense – Highway Patrol |
$349,339,662 |
$349,339,662 |
F |
5TM0 |
764605 |
Motor Carrier Enforcement Expenses |
$2,259,370 |
$2,299,374 |
G |
5TM0 |
769636 |
Administrative Expenses – Highway Purposes |
$49,020,261 |
$49,020,261 |
H |
8370 |
764602 |
Turnpike Policing |
$11,615,729 |
$11,749,672 |
I |
83C0 |
764630 |
Contraband, Forfeiture, and Other |
$1,213,407 |
$1,213,407 |
J |
83F0 |
764657 |
Law Enforcement Automated Data System |
$5,250,053 |
$5,347,721 |
K |
83G0 |
764633 |
OMVI Enforcement/Education |
$363,000 |
$369,000 |
L |
83M0 |
765624 |
Operating – EMS |
$4,835,000 |
$4,925,000 |
M |
83M0 |
765640 |
EMS – Grants |
$2,900,000 |
$2,900,000 |
N |
8400 |
764607 |
State Fair Security |
$1,549,094 |
$1,549,094 |
O |
8400 |
764617 |
Security and Investigations |
$14,696,292 |
$14,696,292 |
P |
8400 |
764626 |
State Fairgrounds Police Force |
$1,127,603 |
$1,146,458 |
Q |
8460 |
761625 |
Motorcycle Safety Education |
$3,985,000 |
$4,000,000 |
R |
8490 |
762627 |
Automated Title Processing Board |
$16,446,027 |
$16,446,027 |
S |
8490 |
762630 |
Electronic Liens and Titles |
$2,900,000 |
$2,900,000 |
T |
TOTAL HSF Highway Safety Fund Group |
$595,671,549 |
$594,710,348 |
||
U |
Dedicated Purpose Fund Group |
||||
V |
5390 |
762614 |
Motor Vehicle Dealers Board |
$140,000 |
$140,000 |
W |
5FF0 |
762621 |
Indigent Interlock and Alcohol Monitoring |
$2,000,000 |
$2,000,000 |
X |
5Y10 |
764695 |
State Highway Patrol Continuing Professional Training |
$60,000 |
$60,000 |
Y |
TOTAL DPF Dedicated Purpose Fund Group |
$2,200,000 |
$2,200,000 |
||
Z |
Fiduciary Fund Group |
||||
AA |
5J90 |
761678 |
Federal Salvage/GSA |
$400,000 |
$400,000 |
AB |
5V10 |
762682 |
License Plate Contributions |
$2,700,000 |
$2,700,000 |
AC |
TOTAL FID Fiduciary Fund Group |
$3,100,000 |
$3,100,000 |
||
AD |
Holding Account Fund Group |
||||
AE |
R024 |
762619 |
Unidentified Motor Vehicle Receipts |
$1,885,000 |
$1,885,000 |
AF |
R052 |
762623 |
Security Deposits |
$50,000 |
$50,000 |
AG |
TOTAL HLD Holding Account Fund Group |
$1,935,000 |
$1,935,000 |
||
AH |
Federal Fund Group |
||||
AI |
3GR0 |
764693 |
Highway Patrol Justice Contraband |
$500,000 |
$500,000 |
AJ |
3GS0 |
764694 |
Highway Patrol Treasury Contraband |
$200,000 |
$200,000 |
AK |
3GU0 |
761610 |
Information and Education Grant |
$300,000 |
$300,000 |
AL |
3GU0 |
764608 |
Fatality Analysis Report System Grant |
$175,000 |
$175,000 |
AM |
3GU0 |
764610 |
Highway Safety Programs Grant |
$5,000,000 |
$5,000,000 |
AN |
3GU0 |
764659 |
Motor Carrier Safety Assistance Program Grant |
$6,291,330 |
$6,393,057 |
AO |
3GU0 |
765610 |
EMS Grants |
$225,000 |
$225,000 |
AP |
3GV0 |
761612 |
Traffic Safety Action Plan Grants |
$30,200,000 |
$30,200,000 |
AQ |
TOTAL FED Federal Fund Group |
$42,891,330 |
$42,993,057 |
||
AR |
TOTAL ALL BUDGET FUND GROUPS |
$645,797,879 |
$644,938,405 |
Section 205.20. MOTOR VEHICLE REGISTRATION
The Director of Public Safety may deposit revenues to meet the cash needs of the Public Safety - Highway Purposes Fund (Fund 5TM0) established in section 4501.06 of the Revised Code, obtained under section 4503.02 of the Revised Code, less all other available cash. Revenue deposited pursuant to this paragraph shall support in part appropriations for the administration and enforcement of laws relative to the operation and registration of motor vehicles, for payment of highway obligations and other statutory highway purposes. Notwithstanding section 4501.03 of the Revised Code, the revenues shall be paid into Fund 5TM0 before any revenues obtained pursuant to section 4503.02 of the Revised Code are paid into any other fund. The deposit of revenues to meet the aforementioned cash needs shall be in approximately equal amounts on a monthly basis or as otherwise approved by the Director of Budget and Management. Prior to July 1 of each fiscal year, the Director of Public Safety shall submit a plan to the Director of Budget and Management requesting approval of the anticipated revenue amounts to be deposited into Fund 5TM0 pursuant to this paragraph. If during the fiscal year changes to the plan as approved by the Director of Budget and Management are necessary, the Director of Public Safety shall submit a revised plan to the Director of Budget and Management for approval prior to any change in the deposit of revenues.
CASH TRANSFERS TO THE SECURITY, INVESTIGATIONS, AND POLICING FUND
Notwithstanding any provision of law to the contrary, the Director of Budget and Management, upon written request of the Director of Public Safety, may approve the transfer of cash from the State Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0) to the Security, Investigations and Policing Fund (Fund 8400).
CASH TRANSFERS TO THE PUBLIC SAFETY - HIGHWAY PURPOSES FUND – SHIPLEY UPGRADES
Pursuant to a plan submitted by the Director of Public Safety, or as otherwise determined by the Director of Budget and Management, the Director of Budget and Management, upon approval of the Controlling Board, may make appropriate cash transfers on a pro-rata basis as approved by the Director of Budget and Management from other funds used by the Department of Public Safety, excluding the Public Safety Building Fund (Fund 7025), to the Public Safety - Highway Purposes Fund (Fund 5TM0) in order to reimburse expenditures for capital upgrades to the Shipley Building.
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division (B) of section 131.35 of the Revised Code, except for the General Revenue Fund, the Controlling Board may, upon the request of either the Director of Budget and Management, or the Department of Public Safety with the approval of the Director of Budget and Management, authorize expenditures in excess of appropriations and transfer appropriations, as necessary, for any fund used by the Department of Public Safety, to assist in paying the costs of increases in employee compensation that have occurred pursuant to collective bargaining agreements under Chapter 4117. of the Revised Code and, for exempt employees, under section 124.152 of the Revised Code. Any money approved for expenditure under this paragraph is hereby appropriated.
CASH BALANCE FUND REVIEW
The Director of Public Safety shall review the cash balances for each fund in the State Highway Safety Fund Group, and may submit a request in writing to the Director of Budget and Management to transfer amounts from any fund in the State Highway Safety Fund Group to the credit of the Public Safety - Highway Purposes Fund (Fund 5TM0), as appropriate. Upon receipt of such a request, and subject to the approval of the Controlling Board, the Director of Budget and Management may make appropriate transfers as requested by the Director of Public Safety or as otherwise determined by the Director of Budget and Management.
VALIDATION STICKER REQUIREMENTS
Validation stickers are required for the annual registration of passenger, commercial, motorcycle, and other vehicles and are produced in accordance with section 4503.191 of the Revised Code. Notwithstanding section 4503.191 of the Revised Code, the Registrar of Motor Vehicles may adopt rules authorizing validation stickers to be produced at any location.
Section 207.10.
|
1 |
2 |
3 |
4 |
5 |
A |
DEV DEPARTMENT OF DEVELOPMENT |
||||
B |
Dedicated Purpose Fund Group |
||||
C |
4W00 |
195629 |
Roadwork Development |
$15,200,000 |
$15,200,000 |
D |
TOTAL DPF Dedicated Purpose Fund Group |
$15,200,000 |
$15,200,000 |
||
E |
TOTAL ALL BUDGET FUND GROUPS |
$15,200,000 |
$15,200,000 |
Section 207.20. ROADWORK DEVELOPMENT
The foregoing appropriation item 195629, Roadwork Development, shall be used for road improvements associated with economic development opportunities that will retain or attract businesses for Ohio, including the construction, reconstruction, maintenance, or repair of public roads that provide access to a public airport or are located within a public airport. "Road improvements" are improvements to public roadway facilities located on, or serving or capable of serving, a project site, and include the construction, reconstruction, maintenance or repair of public roads that provide access to a public airport or are located within a public airport. The appropriation item may be used in conjunction with any other state funds appropriated for infrastructure improvements.
The Director of Budget and Management, pursuant to a plan submitted by the Director of Development or as otherwise determined by the Director of Budget and Management, shall set a cash transfer schedule to meet the cash needs of the Roadwork Development Fund (Fund 4W00) used by the Department of Development, less any other available cash. The Director of Budget and Management shall transfer such cash amounts from the Highway Operating Fund (Fund 7002) to Fund 4W00 at such times as determined by the transfer schedule.
The Director of Transportation, under the direction of the Director of Development, shall provide these funds in accordance with all guidelines and requirements established for other Department of Development programs, including Controlling Board review and approval, as well as the requirements for usage of motor vehicle fuel tax revenue prescribed in Section 5a of Article XII, Ohio Constitution. Should the Department of Development require the assistance of the Department of Transportation to bring a project to completion, the Department of Transportation shall use its authority under Title 55 of the Revised Code to provide such assistance and may enter into contracts on behalf of the Department of Development.
Section 209.10.
|
1 |
2 |
3 |
4 |
5 |
A |
PWC PUBLIC WORKS COMMISSION |
||||
B |
Dedicated Purpose Fund Group |
||||
C |
7052 |
150402 |
Local Transportation Improvement Program - Operating |
$303,970 |
$307,070 |
D |
7052 |
150701 |
Local Transportation Improvement Program |
$57,000,000 |
$59,000,000 |
E |
TOTAL DPF Dedicated Purpose Fund Group |
$57,303,970 |
$59,307,070 |
||
F |
TOTAL ALL BUDGET FUND GROUPS |
$57,303,970 |
$59,307,070 |
Section 209.20. REAPPROPRIATIONS
All capital appropriations from the Local Transportation Improvement Program Fund (Fund 7052) in H.B. 62 of the 133rd General Assembly remaining unencumbered as of June 30, 2021, are reappropriated for use during the period July 1, 2021, through June 30, 2022, for the same purpose.
Notwithstanding division (B) of section 127.14 of the Revised Code, all capital appropriations and reappropriations from the Local Transportation Improvement Program Fund (Fund 7052) in this act remaining unencumbered as of June 30, 2022, are reappropriated for use during the period July 1, 2022, through June 30, 2023, for the same purposes, subject to the availability of revenue as determined by the Director of the Public Works Commission.
TEMPORARY TRANSFERS
Notwithstanding section 127.14 of the Revised Code, the Director of the Public Works Commission may request that the Director of Budget and Management transfer cash from the Local Transportation Improvement Fund (Fund 7052) to the State Capital Improvement Fund (Fund 7038) and the Clean Ohio Conservation Fund (Fund 7056). The Director of Budget and Management may approve temporary cash transfers if such transfers are needed for capital outlays for which notes or bonds will be issued. When there is a sufficient cash balance in the fund that receives a cash transfer under this section, the Director of Budget and Management shall transfer cash from that fund to Fund 7052 in order to repay Fund 7052 for the amount of the temporary cash transfers made under this section. Any transfers executed under this section shall be reported to the Controlling Board by June 30 of the fiscal year in which the transfer occurred.
Section 501.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS
The capital appropriations made in this act for buildings or structures, including remodeling and renovations, are limited to:
(A) Acquisition of real property or interests in real property;
(B) Buildings and structures, which includes construction, demolition, complete heating and cooling, lighting and lighting fixtures, and all necessary utilities, ventilating, plumbing, sprinkling, water, and sewer systems, when such systems are authorized or necessary;
(C) Architectural, engineering, and professional services expenses directly related to the projects;
(D) Machinery that is a part of structures at the time of initial acquisition or construction;
(E) Acquisition, development, and deployment of new computer systems, including the redevelopment or integration of existing and new computer systems, but excluding regular or ongoing maintenance or support agreements;
(F) Furniture, fixtures, or equipment that meets all the following criteria:
(1) Is essential in bringing the facility up to its intended use or is necessary for the functioning of the particular facility or project;
(2) Has a unit cost, and not the individual parts of a unit, of about $100 or more; and
(3) Has a useful life of five years or more.
Furniture, fixtures, or equipment that is not an integral part of or directly related to the basic purpose or function of a project for which moneys are appropriated shall not be paid from these appropriations.
Section 503.10. STATE ARBITRAGE REBATE AUTHORIZATION
If it is determined that a payment is necessary in the amount computed at the time to represent the portion of investment income to be rebated or amounts in lieu of or in addition to any rebate amount to be paid to the federal government in order to maintain the exclusion from gross income for federal income tax purposes of interest on those state obligations under section 148(f) of the Internal Revenue Code, such amount is hereby appropriated from those funds designated by or pursuant to the applicable proceedings authorizing the issuance of state obligations.
Payments for this purpose shall be approved and vouchered by the Office of Budget and Management.
Section 509.10. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS
The Office of Budget and Management shall process payments from lease rental payment appropriation items during the period from July 1, 2021, to June 30, 2023, pursuant to the lease and other agreements relating to bonds or notes issued under Section 2i of Article VIII of the Ohio Constitution and Chapters 152. and 154. of the Revised Code, and acts of the General Assembly. Payments shall be made upon certification by the Treasurer of State of the dates and amounts due on those dates.
Section 509.20. LEASE AND DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of paying debt service and financing costs on general obligation bonds or notes of the state and for the purpose of making lease rental and other payments under leases and agreements relating to bonds or notes issued under the Ohio Constitution, Revised Code, and acts of the General Assembly. If it is determined that additional appropriations are necessary for this purpose, such amounts are hereby appropriated.
Section 509.30. CLOSING OF REST AREAS
Beginning July 1, 2021, until June 30, 2023, the Department of Transportation may close a rest area that is under the Department's control and jurisdiction as established under section 5515.07 of the Revised Code only if the rest area's parking lot remains available for commercial motor vehicles as defined in section 4506.01 of the Revised Code.
Section 745.10. (A) As used in this section, "interim period" means the period of time beginning on the ninety-first day after this act is filed with the Secretary of State and ending on the two hundred seventy-first day after this act is filed with the Secretary of State.
(B) Notwithstanding any provision of law to the contrary, during the the interim period, a law enforcement officer may stop a motor vehicle operator for an action that would be a violation of section 4511.204 of the Revised Code, as amended by this act, if that section were in effect. The law enforcement officer may issue the person a written warning explaining the provisions of section 4511.204 of the Revised Code, as amended by this act. The written warning may notify the person of the specific date when law enforcement officers are authorized to begin issuing tickets, citations, and summons for violations of section 4511.204 of the Revised Code, as amended by this act.
(C) The issuance of a written warning under division (B) of this section does not preclude the issuance of a ticket, citation, or summons for a violation of section 4511.204 of the Revised Code as that section exists during the interim period.
Section 745.20. For all initial applications for registration and for all registration renewals with an effective date before October 1, 2021, the Registrar of Motor Vehicles and each deputy registrar shall continue to collect the additional eleven dollar and thirty dollar fees as specified under division (C)(1) of section 4503.10 of the Revised Code, as that section existed prior to the effective date of this section.
Section 755.40. CATASTROPHIC SNOWFALL PROGRAM
(A) The Department of Transportation shall establish the Catastrophic Snowfall Program during fiscal years 2022 and 2023. The purpose of the Program is to provide supplemental snow removal aid to counties, municipal corporations, or townships that receive eighteen or more inches of snow in a twenty-four-hour period and that request aid under the Program. The Director of Transportation shall establish procedures to administer and implement the aid program, including procedures governing the following:
(1) An application process;
(2) A system for verifying the amount of snow the applicant received;
(3) A process for administering snow removal aid to a qualified applicant.
(B) The Department shall administer snow removal aid to any qualified applicant.
Section 757.10. MOTOR FUEL TAX DISTRIBUTIONS TO HIGHWAY OPERATING FUND
On the last day of each month in the biennium ending June 30, 2023, before making any of the distributions specified in section 5735.051 of the Revised Code but after any transfers to the tax refund fund as required by that section and section 5703.052 of the Revised Code, the Treasurer of State shall deposit the first two per cent of the amount of motor fuel tax received for the preceding calendar month to the credit of the Highway Operating Fund (Fund 7002).
Section 757.20. MOTOR FUEL DEALER REFUNDS
Notwithstanding Chapter 5735. of the Revised Code, the following apply for the period of July 1, 2021, to June 30, 2023:
(A) For the discount under section 5735.06 of the Revised Code, if the monthly report is timely filed and the tax is timely paid, one per cent of the total number of gallons of motor fuel received by the motor fuel dealer within the state during the preceding calendar month, less the total number of gallons deducted under divisions (B)(1)(a) and (b) of section 5735.06 of the Revised Code, less one-half of one per cent of the total number of gallons of motor fuel that were sold to a retail dealer during the preceding calendar month.
(B) For the semiannual periods ending December 31, 2021, June 30, 2022, December 31, 2022, and June 30, 2023, the refund provided to retail dealers under section 5735.141 of the Revised Code shall be one-half of one per cent of the Ohio motor fuel taxes paid on fuel purchased during those semiannual periods.
Section 757.30. MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND
The Director of Budget and Management shall transfer cash in equal monthly increments totaling $156,450,408 in fiscal year 2022 and in equal monthly increments totaling $158,240,592 in fiscal year 2023 from the Highway Operating Fund (Fund 7002) to the Gasoline Excise Tax Fund (Fund 7060). The monthly amounts transferred under this section shall be distributed as follows:
(A) 42.86 per cent shall be distributed among the municipal corporations within the state under division (A)(2)(b)(i) of section 5735.051 of the Revised Code;
(B) 37.14 per cent shall be distributed among the counties within the state under division (A)(2)(b)(ii) of section 5735.051 of the Revised Code; and
(C) 20 per cent shall be distributed among the townships within the state under division (A)(2)(b)(iii) of section 5735.051 of the Revised Code.
Section 801.10. PROVISIONS OF LAW GENERALLY APPLICABLE TO APPROPRIATIONS
Law contained in the main operating appropriations act of the 134th General Assembly that is generally applicable to the appropriations made in the main operating appropriations act also is generally applicable to the appropriations made in this act.
Section 806.10. SEVERABILITY
The items of law contained in this act, and their applications, are severable. If any item of law contained in this act, or if any application of any item of law contained in this act, is held invalid, the invalidity does not affect other items of law contained in this act and their applications that can be given effect without the invalid item or application.
Section 809.10. An item of law, other than an amending, enacting, or repealing clause, that composes the whole or part of an uncodified section contained in this act has no effect after June 30, 2023, unless its context clearly indicates otherwise.
Section 812.10. LAWS AND REFERENDUM
Except as otherwise provided in this act, the amendment, enactment, or repeal by this act of a section of law is subject to the referendum under Ohio Constitution, Article II, Section 1c and therefore takes effect on the ninety-first day after this act is filed with the Secretary of State or, if a later effective date is specified below, on that date.
Section 812.20. APPROPRIATIONS AND REFERENDUM
In this section, an "appropriation" includes another provision of law in this act that relates to the subject of the appropriation.
An appropriation of money made in this act is not subject to the referendum insofar as a contemplated expenditure authorized thereby is wholly to meet a current expense within the meaning of Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code. To that extent, the appropriation takes effect immediately when this act becomes law. Conversely, the appropriation is subject to the referendum insofar as a contemplated expenditure authorized thereby is wholly or partly not to meet a current expense within the meaning of Ohio Constitution, Article II, Section 1d. To that extent, the appropriation takes effect on the ninety-first day after this act is filed with the Secretary of State.
Section 812.30. The amendment or enactment of sections 2743.51, 2903.06, 2903.07, 2903.08, 2929.41, 3321.141, 4508.02, 4510.036, 4511.043, 4511.122, 4511.181, 4511.202, 4511.204, 4511.75, and 4511.991 of the Revised Code by this act and as pertaining to distracted driving take effect on the two hundred seventy-first day after this act is filed with the Secretary of State.
Section 812.40. HARMONIZATION
The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 2913.71 of the Revised Code as amended by both S.B. 2 and H.B. 4 of the 121st General Assembly.